News & Analysis as of

Antitrust Division Risk Management

A&O Shearman

Uncertain regulatory climate makes deal protections crucial

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Regulatory intervention levels are rising. The concerns of antitrust authorities and foreign investment (FDI) regulators are evolving and can be unpredictable. Allocation of merger control execution risk in deal documents...more

The Volkov Law Group

Updating Your Risk Profile to Respond to the New Trump Administration

The Volkov Law Group on

We live in a topsy-turvy world.  This is an exaggeration but sets up my points in this blog post. We are now seeing the shuffling of corporate risks and every board, C-Suite and legal, compliance and risk management team has...more

Perkins Coie

Antitrust Compliance Programs: Worth Their Weight in Gold Under Any Administration

Perkins Coie on

Corporate compliance programs are essential tools for mitigating antitrust risk. With the transition to the Trump administration, organizations should consider developing and empowering their corporate compliance programs...more

McCarter & English Blog: Government Contracts...

Antitrust Corporate Compliance Programs: Late 2024 Changes Mean Companies Should Revisit Their Programs Early in 2025

The US Department of Justice Antitrust Division (DOJ or Division) recently released a revised Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (Guidance). The Guidance reflects how the Division...more

Morrison & Foerster LLP

White Collar Enforcement Priorities and Challenges: Discussions from “Views at the Top”

Morrison & Foerster LLP on

On December 11, 2024, the Women’s White Collar Defense Association (WWCDA) hosted “Views from the Top,” featuring the following government officials from the DOJ, SEC, CFTC, and FTC discussing current and future enforcement...more

TransPerfect Legal

Navigating the New Frontier: How Redefined Competition Analysis is Reshaping Second Requests

TransPerfect Legal on

At TransPerfect Legal's fifth annual Antitrust Clearance and Merger Enforcement Conference (ACME), hosted by the TransPerfect Legal Antitrust Practice Group, industry experts gathered to discuss evolving regulatory changes....more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Summer 2024

Across industries, companies are facing new and uncertain regulatory pressures and demands in areas including artificial intelligence, sustainability, algorithmic pricing and fintech-bank relations. In this issue of The...more

Sheppard Mullin Richter & Hampton LLP

New Hampshire AG Announces New Data Privacy Unit

The privacy space continues to evolve with the announcement of the new Data Privacy Unit within New Hampshire’s Consumer Protection and Antitrust Bureau. This new unit will enforce New Hampshire’s Data Privacy Act, which...more

Womble Bond Dickinson

DOJ Announces New Task Force on Health Care Monopolies and Collusion

Womble Bond Dickinson on

On May 9, 2024, the Antitrust Division of the Department of Justice (DOJ) announced a new Task Force on Health Care Monopolies and Collusions (HCMC). Comprised of civil and criminal prosecutors, economists, healthcare...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI-Enabled Compliance: Keeping Pace With the Feds

The potential for artificial intelligence (AI) to transform business has commanded enormous attention over the past year. Little noted, however, is the U.S. government’s increasing — and increasingly sophisticated — use of AI...more

Skadden, Arps, Slate, Meagher & Flom LLP

Hot Topics: AI and ESG

The US Government Is Using AI To Detect Potential Wrongdoing, and Companies Should Too With agencies such as the SEC and DOJ using AI and other data analytics tools extensively to detect wrongdoing, companies need to adopt...more

Skadden, Arps, Slate, Meagher & Flom LLP

Corporate Trends and Financing - March 2024

Managing Deal Risks in a Challenging Regulatory Environment: Strategies and Deal Terms With antitrust and other regulators scrutinizing mergers more closely, it is crucial for companies to negotiate terms to mitigate and...more

Fenwick & West LLP

Antitrust Breakup Fees: 2023 Data and Key Takeaways for Future Dealmaking

Fenwick & West LLP on

Looking back at 2023 mergers and acquisitions (M&A) activity, antitrust-related breakup fees continued to be an important tool in allocating antitrust risk between deal parties. These typically take the form of a “reverse”...more

Sheppard Mullin Richter & Hampton LLP

2024 Top-of-Mind Issues for Life Sciences Companies

As we reflect on 2023 and make predictions for 2024, it is remarkable the number of significant events occurring this past year that will be impactful for the activities of the life sciences industry going forward. Although...more

The Volkov Law Group

A Window into Corporate Boards’ Views for 2023

The Volkov Law Group on

It is fun to follow all the early year views of trends, predictions and survey results. The beginning of the year includes lots of perspectives and analyses.  Corporate boards are at the center of these important views....more

Polsinelli

No Agreement? No Worries: Justice Department Secures Historic Criminal Attempted Monopolization Conviction

Polsinelli on

In yet another signal in support of the notion that “the era of lax enforcement is over, and the new era of vigorous and effective antitrust law enforcement has begun,” on October 31 the Antitrust Division of the Department...more

Goodwin

OCC Seeks Feedback on Principles for Climate-Related Financial Risk Management

Goodwin on

In this Issue. The Office of the Comptroller of the Currency (OCC) is seeking feedback on principles for climate-related financial risk management for large banks; the Department of Justice’s Antitrust Division is seeking...more

Womble Bond Dickinson

Opportunity Economy: Risks in Antitrust Enforcement

Womble Bond Dickinson on

Takeaways - ..The Biden administration’s recent executive order takes a hard line on limits to employment mobility, such as non-compete agreements. ..No-poach agreements—companies agreeing not to recruit each other’s...more

Goodwin

President Biden Issues Sweeping Executive Order on Promoting Competition in the American Economy

Goodwin on

In This Issue. President Joe Biden issued a sweeping executive order aimed at cracking down on anticompetitive practices and reducing consolidation across multiple industry sectors, including financial services; the Federal...more

Health Care Compliance Association (HCCA)

[Virtual Event] 2021 Regional Healthcare Compliance Conference - New York - May 7th, 8:25 am - 4:30 pm EDT

Our Virtual Regional Healthcare Compliance Conferences provide updates on the latest news in regulatory requirement, compliance enforcement, and strategies to develop effective compliance programs. Watch, listen, and ask...more

Society of Corporate Compliance and Ethics...

[Webinar] Antitrust Compliance 2.0: Tackling the Toughest Parts of the DOJ Compliance Program Guidance - March 18th, 12:00 pm -...

Learning Objectives: - Examine in detail the latest U.S. Department of Justice Antitrust Division compliance guidance - Understand the DOJ’s expectations with respect to risk assessments, auditing and monitoring,...more

WilmerHale

COVID-19: Criminal Antitrust Risks Arising from the Crisis

WilmerHale on

In this rapidly changing environment of the COVID-19 crisis, the need to understand how your industry is tackling business disruptions and the ensuing economic impact is more critical than ever. This Alert provides...more

Latham & Watkins LLP

No-Poach Prosecutions: A Growing Problem for Private Equity?

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Buyout firms and portfolio companies should take note of heightened scrutiny of HR and employment practices by antitrust enforcers, both in the US and in Europe. No-poach and wage-fixing agreements — arrangements between...more

ArentFox Schiff

Justice Department Offers New Antitrust Guidance With Lessons for Nonprofits, Associations, and Other Member-Owned and Operated...

ArentFox Schiff on

When was the last time your organization reviewed its antitrust compliance program? The Antitrust Division of the US Department of Justice announced a new policy to incentivize corporate antitrust compliance programs, which...more

Ruder Ware

Can an ACO Violate the Antitrust Laws?

Ruder Ware on

This may not be obvious to people who do not keep track of the Federal Trade Commission (FTC)/Department of Justice antitrust enforcement policy, but an enforcement action has never been published involving an Accountable...more

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