Author Info for Mintz - Antitrust Viewpoints

David Adams

Treasury Department Warns Financial Institutions to Prepare for AI-Age Fraud — AI: The Washington Report

Pursuant to President Biden’s October 2023 AI executive order, the US Department of Treasury (Treasury) released a report on cybersecurity risks in the financial services sector in March 2024. While recognizing the benefits…more

Artificial Intelligence, Cyber Attacks, Cyber Threats, Cybersecurity, Executive Orders

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Rachel Alexander

PBM Update: Special Edition - FTC 6(b) Interim Staff Report and Activity

The Federal Trade Commission (FTC) Office of Policy Planning released an Interim Staff Report titled Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing Main Street Pharmacies (the Interim…more

Federal Trade Commission (FTC), Generic Drugs, Pharmacy Benefit Manager (PBM), Reimbursements

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Michael Arnold

In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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David Barmak

In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Danielle Bereznay

In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Theresa Carnegie

PBM Update: Special Edition - FTC 6(b) Interim Staff Report and Activity

The Federal Trade Commission (FTC) Office of Policy Planning released an Interim Staff Report titled Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing Main Street Pharmacies (the Interim…more

Federal Trade Commission (FTC), Generic Drugs, Pharmacy Benefit Manager (PBM), Reimbursements

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Sean Casey

PTAB “Overlooks” Rehearing Consequences and Swings the Rehearing Door Wide Open

A recent decision by a Patent Trial and Appeal Board (PTAB) panel in Canadian Solar Inc., et al v. The Solaria Corporation may have opened the door for aggrieved parties to seek rehearing for any reason, rather than the…more

Administrative Procedure Act, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Daniel Connelly

Federal and State Lawmakers Launch AI Task Forces — AI: The Washington Report

On February 20, 2024, House Speaker Mike Johnson (R-LA-4) announced the creation of a bipartisan Task Force on Artificial Intelligence (AI) (“AI Task Force”) composed of 24 members, with 12 from each party. The House AI Task…more

Artificial Intelligence, Biden Administration, Cybersecurity, Executive Orders, Innovative Technology

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Tara Dwyer

PBM Update: Special Edition - FTC 6(b) Interim Staff Report and Activity

The Federal Trade Commission (FTC) Office of Policy Planning released an Interim Staff Report titled Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing Main Street Pharmacies (the Interim…more

Federal Trade Commission (FTC), Generic Drugs, Pharmacy Benefit Manager (PBM), Reimbursements

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Christian Fjeld

Led by DOJ, Federal Agencies Convene to Coordinate Safeguarding Civil Rights from AI-Related Harms — AI: The Washington Report

On October 9, the Department of Justice’s (DOJ) Civil Rights Division convened the heads of federal agency civil rights offices to discuss and promote coordination around preventing harms that may stem from AI, including…more

Anti-Discrimination Policies, Artificial Intelligence, Audits, Automated Decision Systems (ADS), Bias

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Evelyn French

In with the Old, Out with the New: DOJ and FTC Issue Much-Anticipated Draft Merger Guidelines

On July 19, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published Draft Merger Guidelines. The Draft Merger Guidelines, if adopted, would replace both the Agencies’…more

Biden Administration, Department of Justice (DOJ), Enforcement, Executive Orders, Federal Trade Commission (FTC)

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Alexandra Gallo-Cook

Busy Week for the FTC Shows Aspirations of and Limitations on Chair Khan’s Enforcement Agenda

Last week was momentous for the Federal Trade Commission. First, the campaign use antitrust to reign in “Big Tech” faced a setback as the United States District Court for District of Columbia dismissed the FTC’s suit against…more

Antitrust Provisions, Big Tech, Competition, Facebook, Federal Trade Commission (FTC)

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Geri Haight

In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Samantha Hawkins

PBM Update: Special Edition - FTC 6(b) Interim Staff Report and Activity

The Federal Trade Commission (FTC) Office of Policy Planning released an Interim Staff Report titled Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing Main Street Pharmacies (the Interim…more

Federal Trade Commission (FTC), Generic Drugs, Pharmacy Benefit Manager (PBM), Reimbursements

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Alexander Hecht

Led by DOJ, Federal Agencies Convene to Coordinate Safeguarding Civil Rights from AI-Related Harms — AI: The Washington Report

On October 9, the Department of Justice’s (DOJ) Civil Rights Division convened the heads of federal agency civil rights offices to discuss and promote coordination around preventing harms that may stem from AI, including…more

Anti-Discrimination Policies, Artificial Intelligence, Audits, Automated Decision Systems (ADS), Bias

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Kristina Van Horn

Justice Department Sues Software Maker RealPage for Enabling Rent Collusion

In the midst of increased focus of federal enforcers and courts on application of antitrust laws to developing technology, the U.S. Department of Justice (DOJ) filed an antitrust lawsuit on Friday accusing RealPage Inc., a…more

Antitrust Litigation, Collusion, Department of Justice (DOJ), Landlords, Price-Fixing

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Michael Katz

FTC Warns AI Companies to Honor Privacy and Confidentiality Commitments — AI: The Washington Report

Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. On January 9, 2024, the Federal Trade Commission (FTC or Commission) published a…more

Algorithms, Artificial Intelligence, Confidentiality Agreements, Consumer Protection Laws, Data Collection

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Bridgette Keller

PBM Update: Special Edition - FTC 6(b) Interim Staff Report and Activity

The Federal Trade Commission (FTC) Office of Policy Planning released an Interim Staff Report titled Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing Main Street Pharmacies (the Interim…more

Federal Trade Commission (FTC), Generic Drugs, Pharmacy Benefit Manager (PBM), Reimbursements

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Robert Kidwell

What’s Next? Google Found Liable In Search Monopolization Case with Remedies Phase To Come

On Monday, Judge Amit P. Mehta of the United States District Court for the District of Columbia issued a 277-page opinion finding Google liable for monopolizing the general search services and general search text ads markets…more

Antitrust Division, Department of Justice (DOJ), Google, Monopolization, Sherman Act

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Karen Lovitch

FTC Hosts Panel and Launches Public Inquiry with DOJ and HHS on Private Equity and Health Care

As part of the Biden administration’s State of the Union blitz, the Federal Trade Commission (FTC) convened a workshop on private equity (PE) investments in the health care industry on March 5, 2024. Immediately prior to the…more

Acquisitions, Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement, Federal Trade Commission (FTC)

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William Meunier

PTAB “Overlooks” Rehearing Consequences and Swings the Rehearing Door Wide Open

A recent decision by a Patent Trial and Appeal Board (PTAB) panel in Canadian Solar Inc., et al v. The Solaria Corporation may have opened the door for aggrieved parties to seek rehearing for any reason, rather than the…more

Administrative Procedure Act, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Joseph Miller

PBM Update: Special Edition - FTC 6(b) Interim Staff Report and Activity

The Federal Trade Commission (FTC) Office of Policy Planning released an Interim Staff Report titled Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing Main Street Pharmacies (the Interim…more

Federal Trade Commission (FTC), Generic Drugs, Pharmacy Benefit Manager (PBM), Reimbursements

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Michael Renaud

5th Circuit Confirms Avanci SEP Pool is Safe: No Antitrust Issue with Avanci’s Pool

Avanci’s pool retains its 5th Circuit win, in a slightly different way, after an unusual turn of events where the panel rescinded its prior opinion and issued a new one. The new opinion affirms the district court’s ruling that…more

Amicus Briefs, Data Breach, Declaratory Judgments, FRAND, OEM

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Charles Samuels

FTC Invokes New and Expanded Powers to Propose Bar on Employee Non-Competes

The Federal Trade Commission continues to focus on labor-market competition issues with a set of settlements based on its newly asserted FTC Act Section 5 “stand alone” authority, and a highly controversial proposed rulemaking…more

Administrative Procedure Act, Biden Administration, Employment Contract, Executive Orders, Federal Trade Commission (FTC)

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Brad Scheller

In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Hassan Shaikh

PBM Update: Special Edition - FTC 6(b) Interim Staff Report and Activity

The Federal Trade Commission (FTC) Office of Policy Planning released an Interim Staff Report titled Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing Main Street Pharmacies (the Interim…more

Federal Trade Commission (FTC), Generic Drugs, Pharmacy Benefit Manager (PBM), Reimbursements

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Terri Shieh-Newton, PhD

USPTO Issues Guidance on AI Use to Patent Professionals — AI: The Washington Report

Pursuant to President Biden’s October 2023 executive order on AI, on April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published “Guidance on Use of Artificial Intelligence-Based Tools in Practice…more

Artificial Intelligence, Biden Administration, Confidential Information, Executive Orders, Exports

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Farrah Short

FTC Announced Increased HSR Thresholds & Revised Filing Fee Schedule

The Federal Trade Commission (FTC) announced yesterday increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended. The FTC…more

Antitrust Division, Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

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Shawn Skolky

FTC Abandons Appeal of Philadelphia Hospital Merger, Allowing Jefferson and Einstein to Proceed with Creation of 18-Hospital System

Back in December, we wrote about a district court ruling rejecting the Federal Trade Comission’s (“FTC”) motion to enjoin the proposed combination of Thomas Jefferson University (“TJU”) and Albert Einstein Healthcare Network…more

Federal Trade Commission (FTC), Health Care Providers, Hospital Mergers, Hospitals, Mergers

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Bruce Sokler

Led by DOJ, Federal Agencies Convene to Coordinate Safeguarding Civil Rights from AI-Related Harms — AI: The Washington Report

On October 9, the Department of Justice’s (DOJ) Civil Rights Division convened the heads of federal agency civil rights offices to discuss and promote coordination around preventing harms that may stem from AI, including…more

Anti-Discrimination Policies, Artificial Intelligence, Audits, Automated Decision Systems (ADS), Bias

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Tinny Song

Foul Play: DOJ Files Lawsuit and Proposed Consent Decrees with Poultry Processors over Wage Suppression Conspiracy

On July 25, 2022, the Antitrust Division of the U.S. Department of Justice (“DOJ”) filed a civil complaint in the U.S. District Court for the District of Maryland alleging that poultry processors, Cargill Inc. and Cargill Meat…more

Anti-Competitive, Civil Conspiracy, Compensation, Consent Decrees, Department of Justice (DOJ)

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James Thomson

5th Circuit Confirms Avanci SEP Pool is Safe: No Antitrust Issue with Avanci’s Pool

Avanci’s pool retains its 5th Circuit win, in a slightly different way, after an unusual turn of events where the panel rescinded its prior opinion and issued a new one. The new opinion affirms the district court’s ruling that…more

Amicus Briefs, Data Breach, Declaratory Judgments, FRAND, OEM

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Payton Thornton

Two Sides to Every Monopolization Suit: DOJ Sues Visa for Debit Monopolization

On September 24, 2024, the U.S. Department of Justice Antitrust Division (“DOJ”) filed a monopolization suit against Visa, Inc. (“Visa”), alleging that Visa has a monopoly in general purpose debit network services and general…more

Antitrust Litigation, Banks, Credit Cards, Department of Justice (DOJ), Financial Transactions

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Daniel Weinger

5th Circuit Confirms Avanci SEP Pool is Safe: No Antitrust Issue with Avanci’s Pool

Avanci’s pool retains its 5th Circuit win, in a slightly different way, after an unusual turn of events where the panel rescinded its prior opinion and issued a new one. The new opinion affirms the district court’s ruling that…more

Amicus Briefs, Data Breach, Declaratory Judgments, FRAND, OEM

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Talia Weseley

In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Sherwet Witherington

Reversible Error: District Court Stutters, Ninth Circuit Shudders, Litigation Continues for Sutter

Over ten years ago, individuals and businesses insured by health plans that contract with Sutter Health filed a class action lawsuit against Sutter Health alleging antitrust violations under federal and California laws. Sutter…more

Antitrust Violations, Cartwright Act, Class Action, Contract Terms, Employer Group Health Plans

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