Privilege logging is one of the most time-consuming, expensive, and contentious components of discovery. Federal Rule of Civil Procedure 26(b)(5)(A), which governs the withholding of privileged material, provides little...more
On March 5, 2024, the White House announced the establishment of a new “Strike Force on Unfair and Illegal Pricing” (the “Strike Force”) stating that the Biden administration will hold accountable “corporations . . . when...more
An important federal appeals court has clarified a key principle of antitrust law in a way that potentially makes it more difficult for an employer to win a motion to dismiss, and thereby avoid expensive discovery, with...more
Sharing competitively sensitive information can carry antitrust risks in certain situations. Recently, the Antitrust Division of the U.S. Department of Justice indicated that it will take an increased interest in challenging...more
2/24/2023
/ Algorithms ,
Antitrust Provisions ,
Artificial Intelligence ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Healthcare ,
Information Sharing ,
Machine Learning ,
OIG ,
Sherman Act ,
The Clayton Act
Just days after securing its first Section 2 conviction in over 40 years in United States v. Zito on October 31, 2022,1 the U.S. Department of Justice (“DOJ”) again wielded its once-neglected ability to criminally enforce...more