News & Analysis as of

Competition Risk Management

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

Baker Donelson

Guardians of the Goldmine: Building an Effective Confidentiality Program

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On August 14, Judge Corrigan for the Middle District of Florida, in Properties of the Villages vs. FTC, found that the FTC did not have the authority to enter its planned Noncompete Rule, and entered an order granting an...more

Baker Donelson

Trust, but Verify: The Power of Audits to Protect Your Competitive Edge as Non-Compete Ban Looms

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Corporate leaders concerned about protecting the recipe for their company's success have been following the fitful path of the FTC's rule banning non-competes. Lawsuits seeking to enjoin the rule were filed in multiple...more

Smith Anderson

The Future of the FTC’s Non-Compete Ban Remains Uncertain - Consider Making Initial Preparations for Compliance

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As we explained in a previous client alert, the Federal Trade Commission ("FTC") has published a proposed final rule that would ban nearly all worker non-competes. The rule was published on May 7, 2024, and will go into...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI news Roundup – Antitrust investigations, Former OpenAI employees criticize culture, new Windows AI feature, and more

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following. The U.S. Department of Justice and the Federal Trade Commission (FTC) are planning to open...more

White & Case LLP

AI Watch: Global regulatory tracker - Japan

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Japan adopts a soft law approach to AI governance but lawmakers advance proposal for a hard law approach to generative AI foundation models. Laws/Regulations directly regulating AI (“AI Regulations”) Japan currently...more

Womble Bond Dickinson

DOJ Announces New Task Force on Health Care Monopolies and Collusion

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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

A&O Shearman

Employee risk considerations for private capital investors

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Employee activism is increasingly becoming a focal point within the private equity sector, as employees leverage their voice to influence company policies and practices. This shift towards a more vocal workforce has prompted...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

Managing Deal Risks in a Challenging Regulatory Environment: Strategies and Deal Terms

The already complex business calculus that goes into a merger has become even more complicated in the past several years because of stepped-up government scrutiny. Major transactions have been blocked or abandoned in the face...more

Pillsbury - Global Sourcing Practice

Old Tricks for the New Dog: Why Traditional Technology Sourcing Best Practice Is Relevant for Cutting-Edge AI

Since the release of OpenAI’s ChatGPT, the intense hype around large language models (LLMs) and complex AI systems has exploded. Organizations have rushed to both try and buy these new tools. Along with it, a flood of...more

A&O Shearman

Global business in a changing Europe - 2024

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With Parliamentary elections and a series of national votes in 2024, the EU is entering a pivotal period in its history. In this study, ‘Global business in a changing Europe’, we speak to corporate leaders across the world to...more

Fenwick & West LLP

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

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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

K&L Gates LLP

Brussels Regulatory Brief: February 2024

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Antitrust and Competition - The European Commission Carried Out Unannounced Inspections in the Tires Sector - On 30 January 2024, the Commission conducted dawn raids at the premises of several companies active in the tires...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Winter 2024

The oversight obligations of boards continue to expand. Recent enforcement actions and new laws in areas such as cybersecurity, artificial intelligence and supply chains create new challenges for boards, as we explain in this...more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Insights: Corporate Trends

Global M&A Activity Endures Headwinds in 2023 and Displays Resilience Going Into 2024 - Despite market headwinds, dealmakers have looked to carveouts, spin-offs, joint ventures and other creative deal structures to engage...more

Pillsbury - Internet & Social Media Law Blog

The Impact of AI Foundation Models on Competition, Consumers and Regulation: A View from the UK’s CMA

The Competition and Markets Authority (CMA), the UK’s competition regulator, announced this month that it plans on publishing an update in March 2024 to its initial report on AI foundation models (published in September...more

Patterson Belknap Webb & Tyler LLP

Biden Administration Issues Executive Order Regarding Safety, Security, and Trustworthiness of AI

On October 30, 2023, the White House issued an Executive Order to address the growing innovations—and attendant concerns—regarding artificial intelligence (“AI”). The Executive Order is the first federal attempt to broadly...more

Mintz - Health Care Viewpoints

OIG Issues Advisory Opinion Nixing Purchased Services Arrangement Between Certain Anatomic Pathology Laboratories

Last week the Office of Inspector General for the U.S. Department of Health and Human Services (OIG) issued Advisory Opinion 23-06 (AO), which advised that a proposed arrangement between certain laboratories for the purchase...more

Morrison & Foerster LLP

Treasury Calls for Enhanced Supervision of Fintech Partnerships

On November 16, 2022, the Department of Treasury (“Treasury”) issued a report titled “Assessing the Impact of New Entrant Non-bank Firms on Competition in Consumer Finance Markets” (“Treasury Report”), which, among other...more

Wiley Rein LLP

Wireless Roundup (May 2022)

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Key Wireless Deadlines- SEC Requests Comment on Cybersecurity Reporting Requirements: The Securities and Exchange Commission (SEC) is proposing rules to enhance and standardize disclosures regarding cybersecurity risk...more

Dunlap Bennett & Ludwig PLLC

How to Protect Your Company’s Trade Secret

Given the dire consequences a company can face once its valuable trade secrets are disclosed to competitors, companies must increasingly take steps to protect their trade secrets in order to remain competitive....more

Blank Rome LLP

[Ongoing Program] Recent Developments in Corporate M&A and Commercial Restrictive Covenants - February 8th, 12:00 pm - 12:30 pm ET

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Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection...more

Blank Rome LLP

[Ongoing Program] Hiring from the Competition in a High-Risk, High-Reward Labor Market - January 25th, 12:00 pm - 12:30 pm ET

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Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection...more

McDermott Will & Emery

[Webinar] Café Concurrence I - October 12th, 9:00 am - 10:00 am CEST

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McDermott’s Paris Competition team invites you to a lunchtime session to discuss: “22, v’là la Commission européenne !” Impacts de la nouvelle approche du renvoi à Bruxelles de certaines concentrations en principe non...more

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