On April 14, 2025, the Department of Justice (“DOJ”) obtained a high-profile “wage-fixing” conviction under the Sherman Act against a former executive of multiple home health care agencies (“HHAs”). A federal jury convicted...more
On February 26, 2025, the Federal Trade Commission (“FTC”) announced the formation of a Joint Labor Task Force aimed at addressing deceptive, unfair, and anticompetitive practices impacting labor markets. The FTC signaled an...more
The re-election of former President Donald J. Trump is poised to significantly alter the landscape of antitrust enforcement, particularly within the energy and chemical industries. While the incoming administration has yet to...more
1/16/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Artificial Intelligence ,
Bid Rigging ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Emergency Response ,
Energy Sector ,
Enforcement ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Monopolization ,
Natural Disasters ,
Non-Compete Agreements ,
Oil & Gas ,
Presidential Appointments ,
Renewable Energy ,
Statutory Authority ,
Trump Administration
On December 12, 2024, the Federal Trade Commission (“FTC”) filed a lawsuit against Southern Glazer’s Wine and Spirits, the largest distributor of wine and spirits in the U.S., alleging that Southern Glazer’s has violated the...more
After a three-year crackdown on the use of “ephemeral” electronic messaging platforms by the United States Securities and Exchange Commission (“SEC”) under Chair Gary Gensler, early indications are that the incoming Trump...more
On August 20, 2024, the U.S. District Court for the Northern District of Texas entered a final judgment (“Order”) setting aside, on a nationwide basis, the Federal Trade Commission (“FTC”) final rule (“Rule”) prohibiting...more
8/22/2024
/ Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants
As we previously addressed, on April 24, 2024, the Federal Trade Commission (“FTC”) voted to finalize its rule prohibiting businesses from entering into or enforcing non-compete clauses in nearly all agreements with workers...more
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
For years, email has been the dominant form of business communication. The average office worker sends approximately 9,000 to 15,000 emails per year. Multiply 15,000 emails across multiple personnel and multiple years, and...more
Companies in the midst of government investigations and enforcement actions often must contend with follow-on civil litigation stemming from the same issues. Indeed, due to differing standards of proof, companies that are...more
On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2, on party lines, to finalize its rule prohibiting businesses from entering into or enforcing non-compete clauses in nearly all agreements with workers. This...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
For companies in the energy and chemical sectors, the potential for antitrust scrutiny is an ever-present concern. The next round of enforcement inquiries is never further away than the next jump in commodity prices or the...more
1/15/2024
/ Antitrust Division ,
Collusion ,
Competition ,
Department of Justice (DOJ) ,
Divestiture ,
Energy Commissions ,
Energy Sector ,
Enforcement ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Oversight Committee ,
Private Equity
Recent headlines have been dominated by rapid developments in generative artificial intelligence, and a number of startups are positioning themselves to offer new tools to the legal industry making use of this groundbreaking...more
The legal world recently learned an important lesson about the blind adoption of generative AI when two New York attorneys were sanctioned for using ChatGPT to write a brief that included entirely fabricated cases. The firm...more
12/15/2023
/ Artificial Intelligence ,
Databases ,
Discovery ,
Draft Documents ,
e-Discovery ,
False Statements ,
Information Technology ,
Judges ,
Legal Research ,
Legal Technology ,
Machine Learning ,
Sanctions
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
On June 29, 2023, the Federal Trade Commission’s (“FTC”) Bureau of Competition and Office of Technology published a joint blog post that provided deeper insight into the FTC’s focus on competition in generative artificial...more
This checklist outlines antitrust considerations for the use of artificial intelligence (“AI”) technology. Practices involving AI that could give rise to antitrust risk include algorithmic collusion, exclusionary practices...more
It’s an ever-present threat in our digital world: You get sued, and the case involves your software, website, and/or customer data. The first step in any filed or threatened litigation is to implement a litigation hold to...more
Companies rely and track granular and constantly updated data sets every day. But what do you do when you need to preserve, review, and produce that “dynamic data” in discovery?...more
The European Commission (the “EC”) recently adopted new guidelines that outline the antitrust assessment of agreements between competitors related to environmental, social, and governance (“ESG”) initiatives, including...more
On April 28, 2023, U.S. District Judge Victor A. Bolden issued the latest blow to the Department of Justice’s (“DOJ”) efforts to criminally prosecute individuals who engage in “no-poach” agreements by granting the defendants’...more
Companies face a difficult choice between taking heed of growing anti-ESG voices while continuing to meet investor and shareholder demands.
For several years, companies have come under intense pressure from their boards,...more
In the last few years, remote work has proliferated, and with it the discovery process has become more complicated. With work-from-home as an option (if not the norm) in many industries, company data is commonly being...more
What is meta-discovery?
Discovery on discovery, or meta-discovery, is discovery directed at the manner and methods that opposing counsel used to locate, preserve, search, review, and produce relevant information....more