Emerging Issues: Page 7
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Loper Bright and Corner Post not the wins companies think they are, legal expert says
The decisions create regulatory uncertainty that is toxic to business planning, says Todd Baker of Columbia Law School and a former big bank strategic planner.
By Robert Freedman • July 8, 2024 -
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Judge orders partial stay of FTC noncompete ban
The agency likely overstepped its authority in issuing the substantive rule, Judge Ada Brown of Texas federal court ruled. It also likely acted arbitrarily and would cause irreparable harm to the plaintiffs.
By Robert Freedman • July 4, 2024 -
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Shareholders rejecting both ESG and anti-ESG proposals
Only three of almost 1,000 proposals have been supported by shareholders so far in the 2024 proxy season.
By Robert Freedman • July 1, 2024 -
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Supreme Court deals big blow to federal agencies
In a landmark ruling, the justices overturned a 40-year-old precedent and significantly reduced the power of federal agencies to interpret the laws they administer.
By David Weisenfeld • June 28, 2024 -
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NFL slammed with $4.7B verdict in Sunday Ticket antitrust case
A Calif. jury found that the NFL colluded to overcharge fans with its arrangement for selling access to out-of-market games.
By Justin Bachman • June 28, 2024 -
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Is an exodus of federal government attorneys coming? If so, in-house teams could benefit
Attorneys with experience at agencies such as DOJ could assist with AI and other regulatory work and investigations, search executives say.
By Lyle Moran • June 28, 2024 -
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Do DOJ statements of interest put a target on your back?
The Biden and Trump administrations have stepped up use of briefs in private antitrust actions. How they’re wielded might point to where the agency will sue next.
By Robert Freedman • June 27, 2024 -
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Culture wars are invading the workplace. Call the lawyers.
Trump and Biden aren’t just a voter problem. Politics is creating “cultural flashpoints” as personal political expression roils many companies.
By Justin Bachman • June 21, 2024 -
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Dismissal in antitrust case hurts FTC targeting of private equity
A PE firm shouldn’t be sued for the alleged anticompetitive actions of its operating company because it sold most of its stake and is now a minority owner, a federal judge ruled.
By Robert Freedman • June 20, 2024 -
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Ransomware victims becoming less likely to pay cyberhackers
Demands jumped in 2023 even as more companies plot better defenses against attacks that can incur deep business interruption costs, a report says.
By Justin Bachman • June 17, 2024 -
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Law firm allows associates to ‘test drive’ in-house role
Many lawyers consider moving in-house, so Husch Blackwell is helping its talent explore those roles while gaining insights to better serve clients, the firm says.
By Lisa Burden • June 14, 2024 -
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How to factor all genders into pay equity discussions
Generally, discussions about pay equity focus on the gender pay gap between men and women but fail to consider those who identify as nonbinary and to address intersectionality.
By Ginger Christ • June 12, 2024 -
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SEC views more shareholder proposals as micromanagement efforts
After a 2021 change in no-action reviews caused a backlash among institutional investors, Securities and Exchange Commission staff appear to side more with companies against activist shareholders.
By Robert Freedman • June 7, 2024 -
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ACLU asks FTC to probe Aon AI employment assessment tools for bias
The organization also wants the agency to enjoin the company from making deceptive claims in its marketing and to pause the sale of the tests until the discriminatory impact is eliminated.
By Robert Freedman • May 31, 2024 -
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OpinionMitigating risk from consumer claims
Hotels and restaurants are particularly vulnerable to ADA claims, while producers and sellers of consumer packaged goods are vulnerable to misleading packaging claims.
By Sedina L. Banks and Ira M. Steinberg • May 30, 2024 -
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FTC leans on aggressive view of ‘unfair practices’ as it joins DOJ in call for roll-up information
Private equity firms could be in the crosshairs as the agencies, trying to spot market concentration, ask the public to inform them of serial acquisitions.
By Robert Freedman • May 29, 2024 -
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Workers’ fears are driving FTC antitrust policy, Khan says
Employees and small businesses are too often afraid a false move will lead to their ruin if they run afoul of Amazon or other companies that have a stranglehold over markets, the agency chair says.
By Robert Freedman • May 22, 2024 -
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Door opens wider for workplace discrimination claims
A notable Supreme Court ruling makes clear that employees need not show “significant harm” in job transfer bias cases.
By David Weisenfeld • May 15, 2024 -
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OpinionMicrosoft is thinking out of the box on AI. Will the Biden Administration?
Microsoft’s moves in the AI space are the kind of “nonacquisition acquisitions” that the FTC should look at closely through an antitrust lens.
By David Balto • May 9, 2024 -
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Garden leave could add value as noncompete alternative
Paying outgoing employees to remain as a resource while a replacement gets up to speed could gain currency as companies seek new ways to protect their interests.
By Robert Freedman • May 8, 2024 -
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Companies using Gen AI weigh regulatory and compliance risks
Generative AI has endless use cases, but it also introduces risks amid demands for transparency, explainability and bias mitigation, executives say.
By Suman Bhattacharyya • May 7, 2024 -
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16% of employees plan to quit once noncompete ban takes effect
7% plan to start a rival business, according to a survey of 500 employees conducted by a small business lender.
By Robert Freedman • May 7, 2024 -
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FTC noncompete ban risks blowing up private equity deals
Investors will be reluctant to buy a portfolio company if they can’t get assurance the executives won’t leave to start a rival business, a trade secret specialist says.
By Robert Freedman • April 25, 2024 -
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Chamber of Commerce sues to block FTC noncompete ban
The agency exceeded its authority in enacting the rule, the business group says in a complaint that asks the rule be vacated and the FTC enjoined from enforcing it.
By Robert Freedman • April 24, 2024 -
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Pulling back from HSR antitrust review cost company $23M
The Department of Justice wouldn’t approve the deal without changes all sides could accept, leaving the company on the hook for a big contract termination fee.
By Robert Freedman • April 23, 2024
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