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Continuing the recent string of actions across the Biden administration in response to the July 2021 Executive Order on “Promoting Competition in the American Economy,” on March 7, 2022, the US Treasury Department (Treasury) released a report titled “The State of Labor Market Competition,” and on March 10, 2022, the US Departments of Justice (DOJ) and Labor (DOL) announced a Memorandum of Understanding (MOU) to strengthen and coordinate enforcement efforts in labor markets.
On March 10, 2022, the Department of Justice (DOJ) advanced its commitment to investigating and prosecuting anticompetitive conduct impacting labor markets by entering into a Memorandum of Understanding (MOU) with the Department of Labor (DOL).
In this alert, our trade and sanctions team provides an update on the latest sanctions following our February 24, 2022, alert. In the interim, the United States has imposed new sanctions on Russia and Belarus in response to the deteriorating situation in Ukraine.
On February 17, 2022, the Federal Trade Commission (FTC) published an Advance Notice of Proposed Rulemaking (ANPR) and a request for public comment regarding a proposed rule to address what the agency calls “deceptive or unfair marketing” that relies upon false claims about potential earnings. The FTC launched the proceeding to challenge “bogus” money-making claims that lure consumers, workers and prospective entrepreneurs into “risky business ventures that often turn into dead-end debt traps.”
A little over a year after bringing its first “no-poach” prosecution, the U.S. Department of Justice’s Antitrust Division (DOJ) defeated a motion to dismiss an indictment in a closely watched decision that may make it more difficult for defendants to challenge such indictments in the future.
On February 9, 2022, the US Treasury Department (Treasury) released a report with recommendations for how the Tobacco Tax and Trade Bureau (TTB), Federal Trade Commission (FTC) and Department of Justice (DOJ) can help drive competition in the beer, wine and spirits markets by stepping up conduct enforcement, adopting creative and nuanced theories of harm in merger reviews and implementing new regulations to decrease the burden on smaller industry participants.
The FTC filed an administrative complaint against Axon’s consummated acquisition of its competitor Vievu, claiming the acquisition violated Section 7 of the Clayton Act prohibiting acquisitions where the effect may be substantially to lessen competition. In response, Axon filed a complaint against the FTC in federal district court seeking to enjoin the FTC’s administrative proceedings. Axon Enterprise, Inc. v. Federal Trade Commission, 452 F.Supp.3d 882 (D. Arizona 2020). Axon made three claims that it argued the district court – not the FTC – should decide: (1) the clearance process used to determine whether the FTC or Department of Justice (DOJ) will review a merger violates due process, (2) the fact that the FTC combines investigatory, prosecutorial, adjudicative, and appellate functions within a single agency violates due process, and (3) the dual-layer of protection given to FTC ALJs violates the Appointments Clause of Article II of the Constitution.
On January 24, 2021, the Federal Trade Commission (FTC) announced increases to the jurisdictional thresholds for premerger notification under the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act). The FTC adjusts the thresholds annually, consistent with changes to gross national product. The announced changes will apply to transactions closing on or after February 23, 2022, which is 30 days after the revised thresholds were published in the Federal Register.
On January 24, the Federal Trade Commission (FTC) announced its annual update to the Hart-Scott-Rodino (HSR) filing thresholds.
Most employment-based permanent residency applications require the applicant to go through the PERM labor certification process where the U.S. Department of Labor (DOL) certifies that there are not sufficient U.S. workers able, available, and qualified to fill a position.
On May 18, 2023, the United States Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case that presented the Court with an opportunity to bring clarity to the often highly subjective standards lower courts apply when deciding the issue of fair use of visual works of art under copyright law.
It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations.
A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024.
As a part of the Consolidated Appropriations Act, 2023 (CAA), Congress passed new exceptions to the Physician Self-Referral Law (Stark Law) and the federal Anti-Kickback Statute (AKS) allowing certain healthcare entities to provide mental health or behavioral health improvement and/or maintenance programs to physicians and other clinicians.
On May 17, 2023, the Texas Senate approved Senate Bill No. 14 (SB 14), prohibiting physicians from providing gender-affirming medical care to minors experiencing gender dysphoria (distress that results from having one’s gender identity not match one’s sex assigned at birth).
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