Articles and Blogs

It has been a year since the Federal Trade Commission (“FTC”) revised its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides” or “Guides”), which advises businesses, influencers, brand ambassadors and other endorsers on how to ensure that advertising using reviews or endorsements is truthful. The FTC’s Endorsement Guides, found in... READ MORE

In a much-anticipated ruling entered on July 3, 2024, a federal judge in the Northern District of Texas (“the Court”) temporarily blocked, via a preliminary injunction, the implementation of the Federal Trade Commission’s (“FTC”) worker non-compete rule (“Final Rule”). The injunction will remain in effect until the Court issues a final merits-based decision on... READ MORE

As previously discussed here, on April 23, 2024, the Federal Trade Commission (“FTC”) voted to adopt a final rule banning a majority of workers’ non-compete clauses (“Final Rule”). The Final Rule is set to go into effect on September 4, 2024. Nevertheless, pending litigation may delay the Final Rule or negate it entirely, and... READ MORE

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 along party lines to adopt a final rule (the “Final Rule”) banning most companies from entering into or enforcing non-compete clauses. Adoption of the Final Rule comes after more than a year of review following the publication of the Proposed Rule in early... READ MORE

On March 13, 2024, Indiana joined a growing number of states in enacting health care merger notification laws when Governor Eric Holcomb signed Senate Enrolled Act No. 9 (“SEA 9”) into law. SEA 9 places increased scrutiny on health care mergers and acquisitions throughout the state by requiring certain health care entities involved in... READ MORE

Earlier this month, the Federal Trade Commission (“FTC”) withdrew its complaint challenging the IQVIA and Propel Media merger after the parties announced their intent to abandon the deal. The decision comes after the FTC successfully secured a preliminary injunction in the District Court for the Southern District of New York (“the Court”) in January.... READ MORE

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”), as amended, requires all persons contemplating certain mergers or acquisitions that meet or exceed the jurisdictional thresholds (shown below) to file a premerger notification (an “HSR Filing”) with the Federal Trade Commission (“FTC”) Premerger Notification Office and Department of Justice (“DOJ”) Antitrust Division and to... READ MORE

On December 18, 2023, the Federal Trade Commission and the Antitrust Division of the Department of Justice (together, the “Agencies”) released their finalized Merger Guidelines (the “Final Guidelines”). The Final Guidelines contain updates to the draft merger guidelines (the “Proposed Guidelines”) that the Agencies released in July 2023. The Final Guidelines are a significant... READ MORE

With yet another criminal wage-fixing indictment filed this week, the Antitrust Division of the Department of Justice (“DOJ”) signaled its continued commitment to prosecuting anticompetitive conduct affecting the U.S. labor markets, including within the health care industry. On March 16, a federal grand jury returned an indictment that charges a health care staffing executive... READ MORE

*Updated on April 23, 2024. The Federal Trade Commission (“FTC”) has announced their intent to vote on a final rule that would ban most employers from entering into or enforcing noncompetes against workers and would require employers to rescind existing non-competes. The vote is planned during a special Open Commission Meeting on Tuesday, April... READ MORE