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First Amendment Presumption of Access to Summary Judgment Filings Attaches Upon Filing

The Fourth Circuit has clarified the standard for evaluating a nonparty’s attempt to access sealed summary judgment filings under the First Amendment. In United States ex rel. Oberg v. Nelnet, Inc., — F.4th –, No. 23-1808,...more

Do Not Bet on Block Billing Just Yet

In Colonial River Wealth Advisors, LLC v. Cambridge Investment Research, Inc., No. 3:22cv717, 2024 U.S. Dist. LEXIS 3058 (E.D. Va. Jan. 5, 2024), Judge Young granted the prevailing defendant’s fee petition, awarded $227,357...more

Companies Can No Longer Afford to Slack Off in Preserving Chats and Messages

Doubling down on guidance originally issued in September 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced updates to standard preservation letters and...more

Richmond FBA Hosts Judge Payne at Lunch and Learn Event

On December 5, the Richmond Division of the Federal Bar Association hosted a Lunch and Learn panel for chapter members, area practitioners, and a special guest — the Honorable Robert E. Payne. The panel, titled “Procedural...more

Antitrust Criminal Enforcement on the Horizon

With the end of summer and fall right around the corner, the U.S. Department of Justice (DOJ), Antitrust Division is gearing up for several crucial displays of its criminal enforcement priorities across multiple...more

Hee Pretrial Diversion Agreement Signals Small Victory for Antitrust Division in Wage Fixing and Staffing Allocation Case

Almost two years after indicting Ryan Hee for allegedly conspiring to allocate staffing and fix the wages of nurses, in violation of Section 1 of the Sherman Act (15 U.S.C. § 1), the government and Mr. Hee have entered into a...more

DOJ Making Good on Section 2 Monopolization Enforcement Promises With Latest Criminal Indictment

On Tuesday, December 6, the U.S. Department of Justice (DOJ), Antitrust Division, announced the unsealing of criminal charges against 12 individuals in the Southern District of Texas as part of an 11-year price fixing and...more

Case Highlights How to Protect Investigative Work Product from Disclosure

One of the most important topics for a company to consider when conducting an internal investigation is how to protect (or leave open the option to protect) material prepared during the investigation from disclosure in...more

It’s Not “Business as Usual” for DOJ’s Corporate Criminal Enforcement Efforts

On the heels of a speech delivered by Deputy Attorney General (DAG) Lisa Monaco to NYU Law School on September 15, the Department of Justice (DOJ) issued a memorandum and announced further revisions to its existing corporate...more

DOJ to Refocus on Individualized Determinations in Criminal Prosecutions

While President Biden’s nominee for attorney general, Merrick Garland, awaits a hearing before the Senate Judiciary Committee, Acting U.S. Attorney General Robert M. “Monty” Wilkinson has revoked May 10, 2017 guidance issued...more

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