Articles and Blogs

On September 20, 2024, the Federal Trade Commission (“FTC”) filed an administrative complaint against Caremark Rx, Express Scripts and OptumRx, and their affiliated group purchasing organizations (“GPOs”), for engaging in anticompetitive and unfair rebate practices resulting in the artificial inflation of insulin prices. The FTC alleged that by creating a system in which drug... READ MORE

On August 20, 2024, the federal judge in the Ryan, LLC lawsuit in Texas issued an order holding as unlawful and setting aside the Federal Trade Commission’s (“FTC”) worker non-compete rule (“Final Rule“). Importantly, the set aside remedy is nationwide in scope, which means the Final Rule “shall not be enforced or otherwise take... READ MORE

On August 15, 2024, a federal judge in the Middle District of Florida (“the Court”) granted a request to temporarily block the Federal Trade Commission’s (“FTC”) worker non-compete rule (“Final Rule“) as applied to the plaintiff, Properties of the Villages, Inc. (“POV”). Similar to the plaintiffs in the Ryan, LLC lawsuit in Texas and... READ MORE

A federal judge in the Eastern District of Pennsylvania recently declined a request to temporarily block the Federal Trade Commission’s (“FTC”) worker non-compete rule (“Final Rule”). ATS Tree Services, LLC (“ATS”), a tree removal company, had requested that the Court issue a preliminary injunction to block the Final Rule, arguing that ATS needed to... READ MORE

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