Author Info for Mintz - Antitrust Viewpoints

David Adams

Treasury Department Warns Financial Institutions to Prepare for AI-Age Fraud — AI: The Washington Report

Pursuant to President Biden’s October 2023 AI executive order, the US Department of Treasury (Treasury) released a report on cybersecurity risks in the financial services sector in March 2024. While recognizing the benefits…more

Artificial Intelligence, Cyber Attacks, Cyber Threats, Cybersecurity, Executive Orders

See all updates »

Rachel Alexander

PBM Update: Special Edition - FTC Releases Second Interim Staff Report in PBM Inquiry

On January 14, 2025, the Federal Trade Commission (FTC) Office of Policy Planning released a second Interim Staff Report titled Specialty Generic Drugs: A Growing Profit Center for Vertically Integrated Pharmacy Benefit Managers…more

Competition, Cost-Sharing, Drug Pricing, Federal Trade Commission (FTC), Generic Drugs

See all updates »

Michael Arnold

In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

See all updates »

David Barmak

In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

See all updates »

Danielle Bereznay

In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

See all updates »

Theresa Carnegie

PBM Update: Special Edition - FTC Releases Second Interim Staff Report in PBM Inquiry

On January 14, 2025, the Federal Trade Commission (FTC) Office of Policy Planning released a second Interim Staff Report titled Specialty Generic Drugs: A Growing Profit Center for Vertically Integrated Pharmacy Benefit Managers…more

Competition, Cost-Sharing, Drug Pricing, Federal Trade Commission (FTC), Generic Drugs

See all updates »

Sean Casey

PTAB “Overlooks” Rehearing Consequences and Swings the Rehearing Door Wide Open

A recent decision by a Patent Trial and Appeal Board (PTAB) panel in Canadian Solar Inc., et al v. The Solaria Corporation may have opened the door for aggrieved parties to seek rehearing for any reason, rather than the…more

Administrative Procedure Act, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

See all updates »

Daniel Connelly

Federal and State Lawmakers Launch AI Task Forces — AI: The Washington Report

On February 20, 2024, House Speaker Mike Johnson (R-LA-4) announced the creation of a bipartisan Task Force on Artificial Intelligence (AI) (“AI Task Force”) composed of 24 members, with 12 from each party. The House AI Task…more

Artificial Intelligence, Biden Administration, Cybersecurity, Executive Orders, Innovative Technology

See all updates »

Tara Dwyer

PBM Update: Special Edition - FTC Releases Second Interim Staff Report in PBM Inquiry

On January 14, 2025, the Federal Trade Commission (FTC) Office of Policy Planning released a second Interim Staff Report titled Specialty Generic Drugs: A Growing Profit Center for Vertically Integrated Pharmacy Benefit Managers…more

Competition, Cost-Sharing, Drug Pricing, Federal Trade Commission (FTC), Generic Drugs

See all updates »

Christian Fjeld

House Select Committee Publishes Report on DeepSeek, as Commerce Imposes New AI Chip Export Restrictions — AI: The Washington Report

On April 16, the House Select Committee on the Chinese Communist Party (CCP) published a report on the Chinese company DeepSeek’s AI model with findings from the committee’s investigation into DeepSeek. The report highlights…more

Artificial Intelligence, Biden Administration, Bureau of Industry and Security (BIS), China, Export Controls

See all updates »

Evelyn French

In with the Old, Out with the New: DOJ and FTC Issue Much-Anticipated Draft Merger Guidelines

On July 19, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published Draft Merger Guidelines. The Draft Merger Guidelines, if adopted, would replace both the Agencies’…more

Biden Administration, Department of Justice (DOJ), Enforcement, Executive Orders, Federal Trade Commission (FTC)

See all updates »

Alexandra Gallo-Cook

Busy Week for the FTC Shows Aspirations of and Limitations on Chair Khan’s Enforcement Agenda

Last week was momentous for the Federal Trade Commission. First, the campaign use antitrust to reign in “Big Tech” faced a setback as the United States District Court for District of Columbia dismissed the FTC’s suit against…more

Antitrust Provisions, Big Tech, Competition, Facebook, Federal Trade Commission (FTC)

See all updates »

Geri Haight

In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

See all updates »

Samantha Hawkins

PBM Update: Special Edition - FTC Releases Second Interim Staff Report in PBM Inquiry

On January 14, 2025, the Federal Trade Commission (FTC) Office of Policy Planning released a second Interim Staff Report titled Specialty Generic Drugs: A Growing Profit Center for Vertically Integrated Pharmacy Benefit Managers…more

Competition, Cost-Sharing, Drug Pricing, Federal Trade Commission (FTC), Generic Drugs

See all updates »

Alexander Hecht

House Select Committee Publishes Report on DeepSeek, as Commerce Imposes New AI Chip Export Restrictions — AI: The Washington Report

On April 16, the House Select Committee on the Chinese Communist Party (CCP) published a report on the Chinese company DeepSeek’s AI model with findings from the committee’s investigation into DeepSeek. The report highlights…more

Artificial Intelligence, Biden Administration, Bureau of Industry and Security (BIS), China, Export Controls

See all updates »

Kristina Van Horn

FTC Announces 2025 Thresholds for HSR Act Filings and Interlocking Directorates Violations

The Federal Trade Commission (FTC) announced Friday increased jurisdictional thresholds for (1) notifications under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act), (2) the HSR Act filing fee schedule, and…more

Antitrust Division, Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC)

See all updates »

Michael Katz

FTC Warns AI Companies to Honor Privacy and Confidentiality Commitments — AI: The Washington Report

Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. On January 9, 2024, the Federal Trade Commission (FTC or Commission) published a…more

Algorithms, Artificial Intelligence, Confidentiality Agreements, Consumer Protection Laws, Data Collection

See all updates »

Bridgette Keller

PBM Update: Special Edition - FTC Releases Second Interim Staff Report in PBM Inquiry

On January 14, 2025, the Federal Trade Commission (FTC) Office of Policy Planning released a second Interim Staff Report titled Specialty Generic Drugs: A Growing Profit Center for Vertically Integrated Pharmacy Benefit Managers…more

Competition, Cost-Sharing, Drug Pricing, Federal Trade Commission (FTC), Generic Drugs

See all updates »

Robert Kidwell

Calling All De-Regulators: FTC Issues Request for Public Comment on Reducing Anti-Competitive Regulatory Barriers

Following President Trump’s Executive Order on Reducing Anti-Competitive Regulatory Barriers, the FTC—led by Chairman Andrew Ferguson—launched a public inquiry this week into “how federal regulations can harm competition in the…more

Anti-Competitive, Competition, Department of Justice (DOJ), Executive Orders, Federal Trade Commission (FTC)

See all updates »

Scott Lashway

US Copyright Office Publishes Second Part of Report on AI Copyrightability — AI: The Washington Report

The United States Copyright Office issued the second part of its Report on Copyright and Artificial Intelligence (Report), which focuses on the question of how AI affects copyrightability. This segment of the Report…more

Artificial Intelligence, Authorship, Copyright, Copyright Infringement, Copyright Litigation

See all updates »

Karen Lovitch

FTC Hosts Panel and Launches Public Inquiry with DOJ and HHS on Private Equity and Health Care

As part of the Biden administration’s State of the Union blitz, the Federal Trade Commission (FTC) convened a workshop on private equity (PE) investments in the health care industry on March 5, 2024. Immediately prior to the…more

Acquisitions, Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement, Federal Trade Commission (FTC)

See all updates »

William Meunier

PTAB “Overlooks” Rehearing Consequences and Swings the Rehearing Door Wide Open

A recent decision by a Patent Trial and Appeal Board (PTAB) panel in Canadian Solar Inc., et al v. The Solaria Corporation may have opened the door for aggrieved parties to seek rehearing for any reason, rather than the…more

Administrative Procedure Act, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

See all updates »

Joseph Miller

PBM Update: Special Edition - FTC Releases Second Interim Staff Report in PBM Inquiry

On January 14, 2025, the Federal Trade Commission (FTC) Office of Policy Planning released a second Interim Staff Report titled Specialty Generic Drugs: A Growing Profit Center for Vertically Integrated Pharmacy Benefit Managers…more

Competition, Cost-Sharing, Drug Pricing, Federal Trade Commission (FTC), Generic Drugs

See all updates »

Lauren Moldawer

PBM Update: Special Edition - FTC Releases Second Interim Staff Report in PBM Inquiry

On January 14, 2025, the Federal Trade Commission (FTC) Office of Policy Planning released a second Interim Staff Report titled Specialty Generic Drugs: A Growing Profit Center for Vertically Integrated Pharmacy Benefit Managers…more

Competition, Cost-Sharing, Drug Pricing, Federal Trade Commission (FTC), Generic Drugs

See all updates »

Michael Renaud

US Copyright Office Publishes Second Part of Report on AI Copyrightability — AI: The Washington Report

The United States Copyright Office issued the second part of its Report on Copyright and Artificial Intelligence (Report), which focuses on the question of how AI affects copyrightability. This segment of the Report…more

Artificial Intelligence, Authorship, Copyright, Copyright Infringement, Copyright Litigation

See all updates »

Charles Samuels

FTC Invokes New and Expanded Powers to Propose Bar on Employee Non-Competes

The Federal Trade Commission continues to focus on labor-market competition issues with a set of settlements based on its newly asserted FTC Act Section 5 “stand alone” authority, and a highly controversial proposed rulemaking…more

Administrative Procedure Act, Biden Administration, Employment Contract, Executive Orders, Federal Trade Commission (FTC)

See all updates »

Brad Scheller

In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

See all updates »

Hassan Shaikh

PBM Update: Special Edition - FTC 6(b) Interim Staff Report and Activity

The Federal Trade Commission (FTC) Office of Policy Planning released an Interim Staff Report titled Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing Main Street Pharmacies (the Interim…more

Federal Trade Commission (FTC), Generic Drugs, Pharmacy Benefit Manager (PBM), Reimbursements

See all updates »

Terri Shieh-Newton, PhD

USPTO Issues Guidance on AI Use to Patent Professionals — AI: The Washington Report

Pursuant to President Biden’s October 2023 executive order on AI, on April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published “Guidance on Use of Artificial Intelligence-Based Tools in Practice…more

Artificial Intelligence, Biden Administration, Confidential Information, Executive Orders, Exports

See all updates »

Farrah Short

FTC Announced Increased HSR Thresholds & Revised Filing Fee Schedule

The Federal Trade Commission (FTC) announced yesterday increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended. The FTC…more

Antitrust Division, Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

See all updates »

Shawn Skolky

FTC Abandons Appeal of Philadelphia Hospital Merger, Allowing Jefferson and Einstein to Proceed with Creation of 18-Hospital System

Back in December, we wrote about a district court ruling rejecting the Federal Trade Comission’s (“FTC”) motion to enjoin the proposed combination of Thomas Jefferson University (“TJU”) and Albert Einstein Healthcare Network…more

Federal Trade Commission (FTC), Health Care Providers, Hospital Mergers, Hospitals, Mergers

See all updates »

Bruce Sokler

House Select Committee Publishes Report on DeepSeek, as Commerce Imposes New AI Chip Export Restrictions — AI: The Washington Report

On April 16, the House Select Committee on the Chinese Communist Party (CCP) published a report on the Chinese company DeepSeek’s AI model with findings from the committee’s investigation into DeepSeek. The report highlights…more

Artificial Intelligence, Biden Administration, Bureau of Industry and Security (BIS), China, Export Controls

See all updates »

Tinny Song

Foul Play: DOJ Files Lawsuit and Proposed Consent Decrees with Poultry Processors over Wage Suppression Conspiracy

On July 25, 2022, the Antitrust Division of the U.S. Department of Justice (“DOJ”) filed a civil complaint in the U.S. District Court for the District of Maryland alleging that poultry processors, Cargill Inc. and Cargill Meat…more

Anti-Competitive, Civil Conspiracy, Compensation, Consent Decrees, Department of Justice (DOJ)

See all updates »

James Thomson

5th Circuit Confirms Avanci SEP Pool is Safe: No Antitrust Issue with Avanci’s Pool

Avanci’s pool retains its 5th Circuit win, in a slightly different way, after an unusual turn of events where the panel rescinded its prior opinion and issued a new one. The new opinion affirms the district court’s ruling that…more

Amicus Briefs, Data Breach, Declaratory Judgments, FRAND, OEM

See all updates »

Payton Thornton

Calling All De-Regulators: FTC Issues Request for Public Comment on Reducing Anti-Competitive Regulatory Barriers

Following President Trump’s Executive Order on Reducing Anti-Competitive Regulatory Barriers, the FTC—led by Chairman Andrew Ferguson—launched a public inquiry this week into “how federal regulations can harm competition in the…more

Anti-Competitive, Competition, Department of Justice (DOJ), Executive Orders, Federal Trade Commission (FTC)

See all updates »

Daniel Weinger

5th Circuit Confirms Avanci SEP Pool is Safe: No Antitrust Issue with Avanci’s Pool

Avanci’s pool retains its 5th Circuit win, in a slightly different way, after an unusual turn of events where the panel rescinded its prior opinion and issued a new one. The new opinion affirms the district court’s ruling that…more

Amicus Briefs, Data Breach, Declaratory Judgments, FRAND, OEM

See all updates »

Talia Weseley

In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

See all updates »

Sherwet Witherington

FTC Announces 2025 Thresholds for HSR Act Filings and Interlocking Directorates Violations

The Federal Trade Commission (FTC) announced Friday increased jurisdictional thresholds for (1) notifications under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act), (2) the HSR Act filing fee schedule, and…more

Antitrust Division, Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC)

See all updates »

Mintz - Antitrust Viewpoints

"My best business intelligence, in one easy email…"

"My best business intelligence,
in one easy email…"