News & Analysis as of

Consent Decrees

THE LATEST: DOJ Continues Its Intense Focus on Decree Compliance

by McDermott Will & Emery on

WHAT HAPPENED - In March, we discussed the US Department of Justice (DOJ) Antitrust Division’s move to update its standard consent decree language to enhance decree enforceability. Among other things, the...more

FTC Bugged by Unsubstantiated Mosquito Repellant Claims and Endorsements With Undisclosed Material Connections

by Dorsey & Whitney LLP on

The FTC announced an enforcement action last week that focused on two hot button issues – unsubstantiated health claims and failure to disclose material connections between endorsers and product marketers. In re Mikey & Momo,...more

The End of Perpetual Consent Decrees: DOJ Announces New Antitrust Initiative

by Faegre Baker Daniels on

On April 25, 2018, the Department of Justice announced a new initiative to terminate over 1,000 open antitrust consent decrees. Modern antitrust consent decrees typically have a “sunset” provision in which an open judgment...more

DoJ Employee "No-Poach" Antitrust Consent Decree Sharpens Compliance Teeth

by Perkins Coie on

The U.S. Department of Justice (DoJ) filed a complaint recently alleging that competing railroad equipment manufacturers Knorr-Bremse AG, Westinghouse Air Brake Technologies Corporation (Wabtec) and Faiveley Transport S.A....more

What’s next for Facebook?

by Moore & Van Allen PLLC on

Now that the cameras have gone, the booster cushion has been removed from the witness chair, and Mark Zuckerberg is comfortably back in in Palo Alto, having survived his marathon two-days of testimony in front of a somewhat...more

Proposed Federal Philadelphia Energy Solutions Consent Decree: March 26th Petroleum Motor Fuel Trade Association's Objections

By: Walter G. Wright Category: Arkansas Environmental, Energy, and Water Law Arkansas Environmental, Energy, and Water Law Download PDF Three national trade associations filed with the United States Department of Justice...more

United States/Missouri Consent Agreement Requiring Doe Run Resources Corporation Cleanup of Missouri Lead-Contaminated Residential...

The United States and Missouri executed a Consent Decree (“CD”) with Doe Run Resources Corporation (“DRRC”) requiring the remediation of more than 4,000 lead-contaminated residential properties near the Big River Mine...more

The DOJ’s Evolving Approach to Consent Decrees

by Shearman & Sterling LLP on

While structural remedies remain the primary remedy of choice, and virtually the only option in the case of horizontal mergers, under the Obama Administration and with respect to vertical mergers, the agencies increasingly...more

2018 Antitrust Annual Report

by Shearman & Sterling LLP on

Global law firm Shearman & Sterling publishes its sixth annual Antitrust Annual Report today. The 2018 Report discerns two key trends – a global resurgence of controls on foreign direct investment and the focus on ‘fairness’...more

DOJ Challenges Employer No-Poaching Agreements as Per Se Antitrust Violation

by Holland & Knight LLP on

The DOJ's Antitrust Division sent a powerful message to the business community yesterday when it sued railroad equipment suppliers Knorr-Bremse AG and Westinghouse Air Brake Technologies Corporation (Wabtec) for entering into...more

FTC to Investigate Facebook’s Use of Personal Data

by White and Williams LLP on

Allegations that Facebook allowed a data analytics company to mine the information of at least 50 million Americans have led to the opening of a Federal Trade Commission (FTC) investigation as to whether the company breached...more

DOJ Consent Decree Changes Reduce Room for Error

by McDermott Will & Emery on

WHAT HAPPENED - The Department of Justice Antitrust Division (DOJ) implemented new provisions in merger consent decrees that: ..Make it easier for DOJ to prove violations of a consent decree and hold parties in...more

You Signed A Consent Decree. So Now What?

by Foley & Lardner LLP on

Any employer who has been on the receiving end of a lawsuit filed by the EEOC or a similar state agency is aware that a standard requirement of settling this type of case is entering into a “consent decree.” A consent decree...more

Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement and The Statute of Limitation

Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more

M&A Enforcement in the Age of Trump: Divestment and Enhanced Consent Decree Enforcement

by Faegre Baker Daniels on

Last month, leaders of the DOJ Antitrust Division announced key points of emphasis in curtailing anti-competitive mergers and acquisitions. President Trump’s recently appointed Antitrust Division chief, Makan Delrahim, said...more

Antitrust Attacks on “No-Poach” Agreements Between Employers Accelerating

As we reported in an earlier blog post, the Federal Trade Commission and Department of Justice issued guidance in the waning days of the Obama administration reminding HR professionals and others that the antitrust laws could...more

DOJ Toughens Antitrust Consent Decree Enforcement

by Jones Day on

The Situation: The U.S. Department of Justice Antitrust Division ("DOJ") has adopted new terms in recent consent decrees that enhance DOJ's ability to enforce its settlements, most importantly by lowering the evidentiary...more

The State AG Weekly Update

by Cozen O'Connor on

2018 AG Elections- North Dakota Attorney General Wayne Stenehjem Announces Bid for Reelection- North Dakota AG Wayne Stenehjem declared his intention to run for reelection to a sixth term in 2018. ...more

Appeals Court Rejects DOJ Expansive Interpretation of Music Consent Decree

by Jones Day on

The Background: Since 1941, performing rights organizations ("PROs"), which pool the copyrights held by a work's composer, songwriter, and publisher and collectively license those rights to music users, have been subject to...more

Aqua Resources to Pay $150,000 to Settle EEOC Racial Harassment and Retaliation Suit

Water Company Fired Foreman Because He Complained about Racial Slurs, Federal Agency Charged - PHILADELPHIA - Aqua Resources Inc., a Delaware-based water and wastewater service company, will pay $150,000 and provide...more

Consent Decree in BarBri Case Includes Compliance With WCAG Standards for Digital Content

by Ballard Spahr LLP on

BarBri, Inc., a provider of review courses and materials for law school graduates preparing for the bar exam, earlier this month entered into a consent decree to resolve claims that its online and app-based content was not...more

Plastipak Packaging Will Pay $90,000 To Settle EEOC Retaliation Suit

Plastics Manufacturing Company Fired Materials Handler Because She Complained About Sexual Harassment, Federal Agency Charged - BALTIMORE - Plastipak Packaging, Inc. will pay $90,000 and furnish significant equitable...more

Lowe’s Home Centers to Pay $55,000 To Settle EEOC Disability Discrimination Lawsuit

Cleburne Store Demoted Department Manager After Denying Him a Reasonable Accommodation, Federal Agency Charged - DALLAS - Lowe's Home Centers, LLC, a nationwide chain of home improvement and hardware stores, will pay...more

DOJ’s Antitrust Division Demands Easier Path to Proof of Settlement Violations

by Holland & Knight LLP on

Shortly after the arrival last fall of Makan Delrahim as head of the DOJ's Antitrust Division, the DOJ quietly introduced a subtle but significant change to the consent decrees it uses to settle antitrust disputes. This...more

Frequency Check: Is Your UAS FCC Compliant?

by Benesch on

The past decade has seen a rapid increase in the use of unmanned aircraft systems (“UAS”) (sometimes, though unusually inaccurately, called “drones”). The integration of UASs into the national airspace continues to be an area...more

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