Competition

A Potential Shift In Antitrust Deferred Prosecution Agreements

The U.S. Department of Justice's deferred prosecution agreement with Argos suggests that the Antitrust Division may be changing its approach to evaluating compliance policies, placing less emphasis on a program's adequacy at the time of the offense, say attorneys at McDermott.

How SEP Holders Can Mitigate The Effects Of Holdout

Faced with systemic holdout, which causes marketplace distortions and disincentivizes innovation, standard-essential patent holders can adjust their fair, reasonable and nondiscriminatory license terms and conditions to mitigate the negative effects by using payment schedules, say economists at Competition Dynamics.

Law Firms, Know Who's Responsible For Your Cloud Security

Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

Benefits For Law Firms Venturing Into New Services

By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

New FTC Mergers Approach Raises Risks For Buyers, Sellers

In rescinding a 1995 policy statement last week, the Federal Trade Commission likely seeks to more regularly impose "prior approval" obligations for future transactions in its merger cases, which changes the risk profile for buyers and sellers negotiating antitrust provisions in deal agreements, say Jon Dubrow and Noah Feldman Greene at McDermott.

Series

Embracing ESG: Exelon GC Talks Diversity Initiatives

Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

Data Trends To Watch In M&A And Competition Investigations

With an uptick in mergers and acquisitions and dramatic shifts in the data landscape, practitioners need to understand the myriad emerging trends affecting regulatory oversight, second requests, merger clearance and competition investigations, and avoid data-related problems that might derail deals, say Andrea Levine and Tim Anderson at FTI Consulting.

What Food Industry Can Expect After Biden Antitrust Order

President Joe Biden's recent executive order will bring an increased focus on competition law from four federal agencies, so food and agriculture companies should anticipate and incorporate changes in their standard operating procedures with respect to antitrust policy and compliance, say attorneys at Faegre Drinker.

Recent SPAC Settlement Signals SEC Enforcement Wave

The U.S. Securities and Exchange Commission's recent settlement with special purpose acquisition company Stable Road — and its sponsor, CEO and proposed merger target — over false representations to investors illustrates the agency's heightened focus on policing SPAC transactions and should prompt participants to ensure adequate due diligence, say attorneys at Pillsbury.

Revamping Law Firm Marketing Lists — With Partner Buy-In

Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

The Murky World Of Legal Rankings Gets Some Clarity In NJ

New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

Biden Competition Order May Shift Ocean Carriers' Course

President Joe Biden's recent executive order on promoting competition in the American economy has the potential to reshape the shipping business and could mark the beginning of a significant move to increase regulation against unfair, unreasonable and anti-competitive practices by ocean carriers, say attorneys at K&L Gates.

Series

Embracing ESG: Cigna Counsel Talks Employee Wellness

Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

Opinion

FTC Should Take Nuanced Approach On Noncompete Regs

In response to President Joe Biden’s recent executive order encouraging the Federal Trade Commission to regulate employer noncompete agreements, the agency should approach potential rulemaking with restraint by focusing on fair and transparent use of such agreements, says Russell Beck at Beck Reed.

Courts' Clashing Standards For Evidence At Class Cert.: Part 2

While federal circuits continue to split on whether to approach fact and expert evidence differently at class certification, and there is no sign of a U.S. Supreme Court ruling to resolve the issue, applying an admissibility standard to one and not the other appears illogical, say attorneys at McGuireWoods.