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Under the Fair Labor Standards Act (FLSA) and Virginia law, employers must pay non-exempt employees at least minimum wage for all hours worked and an overtime premium for all hours worked in excess of 40 hours in a week. ...more
In a recent speech, a senior official at the U.S. Department of Justice Antitrust Division noted that “in U.S. antitrust enforcement and competition policy, there is no more important question than what can we do to safeguard...more
The Department of Labor (DOL) and the Federal Trade Commission (FTC) have partnered to fight anticompetitive, unfair and deceptive practices in a new formal collaboration between the agencies. ...more
Department of Justice Withdraws Long-Standing Antitrust Healthcare Policy Statements - On February 2, 2023, the Antitrust Division of the US Department of Justice (DOJ) announced the withdrawal of its support for three...more
The most recent effort by the Biden Administration to “modernize” antitrust policy and enforcement involves withdrawing decades of guidance for the health care industry. On February 2, 2023, the U.S. Department of Justice...more
The Pandemic Is Dead! Long Live the Pandemic! This week, the U.S. House of Representatives passed a resolution to immediately end the COVID-19 national emergency, as well as a bill to end the COVID-19 public health emergency....more
The law surrounding negative option and continuity programs continues to evolve rapidly. Feeling a bit overwhelmed with the latest developments? Below is what you need to know in light of new laws, new enforcement actions,...more
At the IAPP Global Privacy Summit, the Chair of the Federal Trade Commission, Lina Khan, gave her first public address since taking over as chair. Her remarks provide some key insights into the FTC’s areas of focus, including...more
Just one year after President Biden’s election, senior administration officials have signaled in public remarks that the federal government will amplify enforcement pressure on corporations and their employees through...more
Following the U.S. Supreme Court's decision in AMG Capital Management, LLC v. FTC, the Federal Trade Commission's (FTC) new leadership is testing a different, more aggressive and creative tactic regarding civil penalties to...more
Prompted by the proliferation of social media advertising that often blurs the line between authentic content and sponsored posts, the Federal Trade Commission last week sent more than 700 companies a Notice of Penalty...more
As the saying goes, “the only thing for certain, is nothing is certain.” With a rash of changes since Chairperson Lina Kahn took command, the FTC is certainly proving that maxim true. Seeking to transform the historically...more
For many federal government contractors, their skilled and experienced workforce may be their most valuable asset. A recent “ice breaker” settlement of a class action lawsuit, however, demonstrates the wrong way to protect...more
Expansion of FTC's Interpretation of Its Antitrust Enforcement Authority -The Commission majority has reinvigorated a longstanding but dormant debate about the bounds of the FTC's authority under Section 5 of the FTC Act....more
President Biden recently signed an Executive Order on Promoting Competition in the American Economy (the "Order") outlining 72 initiatives by more than a dozen federal agencies to combat "excessive" corporate consolidation...more
In recent weeks, the Biden administration issued two well-publicized messages about antitrust enforcement. These messages received significant media attention, with major news outlets reporting on the administration's...more
Since 1945, the McCarran-Ferguson Act (Act) provided insurance companies a limited exemption from federal antitrust laws, exempting certain state-regulated activities that qualified as the “business of insurance." The Act...more
President Trump and former Vice President Biden have laid out sharply contrasting visions for the future of the country in their 2020 race for the White House. The winner’s vision and agenda will impact virtually every facet...more
Last month, Colorado Governor Jared Polis signed a law repealing a provision of the Colorado Antitrust Act that prohibited challenging a merger under state law where the federal antitrust agencies did not also challenge the...more
Today the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) released joint guidance concerning competition for biologics, including biosimilars. The joint guidance seeks to enhance competition for...more
Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a marketing channel. In addition, marketers are grappling with how to ensure that they and...more
Providers that are not financially or clinically integrated must keep separate operations. This can extend to the use of a common agent for the non-integrated providers. The U.S. Department of Justice and Federal Trade...more
On Monday, October 21, 2019, U.S. Senators Thom Tillis (R-NC) and Christopher A. Coons (D-DE) sent a letter to the U.S. Department of Justice pushing it to provide greater clarity as to its antitrust enforcement policy on...more
The American Bar Association’s 67th Antitrust Law spring meeting held earlier this month featured several sessions addressing the efforts of federal and state antitrust enforcement agencies, including a number of discussions...more
According to the “Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program” (“Policy Statement”), issued by the Federal Trade Commission and the...more