Regulatory Developments

Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context
With antitrust regulators focused on competition in labor markets, companies should revisit their noncompete agreements, consider alternative ways to protect critical information and factor in the impact on employees if they pursue mergers.

State of Play on US Tax Proposals
The first quarter of 2024 ushered in two key tax proposals: a House bill that would extend various business and individual tax benefits, and the Green Book, which would increase tax burdens on corporate and certain individual taxpayers. 

Litigation and Enforcement

Three Unfolding Cases Could Shape Future Energy Litigation, and Perhaps Business Practices
In 2024, the energy industry will be watching Texas’ challenge to the EPA’s new methane emissions regulations and a Texas Supreme Court case interpreting a royalties clause by request of the Fifth Circuit, among other cases.

Rising Challenges in Arbitration: Post-Award Bias Allegations and the Evolving Standards of Conflict Disclosure
As post-award challenges to arbitrators proliferate, parties should consider setting standards for disclosures and ensure they are made early in the process to avoid giving parties a basis to undermine or delay adverse awards.

FTC’s Proposed ‘Junk Fees’ Rule Could Force Businesses To Rethink Their Marketing and Pricing
A sweeping proposed FTC rule targeting “junk fees” could make businesses reexamine how they market and price products and services. Likely enforcement targets include the lodging sector, event ticket sales, restaurants and transportation.

See all of Insights Special Edition: Women’s History Month – March 2024

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