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April 01, 2024 | Corporate Counsel

Antitrust Cops Ditch Collusion 'Safety Zones,' Muddying What Rivals Can Say to One Another

The DOJ's and FTC's retreat from long-standing guidance on information-sharing appears to have been intended "to inject some uncertainty—to make people nervous about antitrust," Fenwick & West partner Steve Albertson said. "And it worked."
6 minute read
March 29, 2024 | New York Law Journal

DOJ, FTC: Failure To Preserve, Produce Ephemeral Messages May Lead to Consequences That Are Anything but Ephemeral

The DOJ and FTC issued a rare joint announcement warning of increasing consequences for parties that fail to properly preserve and produce ephemeral messages in response to antitrust investigations. These messages will be included in their standard preservation letters and specifications for all second requests, voluntary access letters and compulsory legal process.
9 minute read
March 29, 2024 | New York Law Journal

Look and Listen: How To Conduct Effective Pre-Litigation Investigations

In short, if you are not conducting a robust pre-litigation investigation of any major case, you are handicapping yourself before you begin. Such work is productive, cost-effective and a force multiplier if done correctly.
8 minute read
March 29, 2024 | Corporate Counsel

Feds Jump Into Algorithmic Pricing Suit, Say Collusion Can Occur Without Humans Uttering a Word

The Department of Justice and Federal Trade Commission are worried that the growing use of algorithms is making price fixing increasingly difficult to detect—and that the use of AI to create ever-more-sophisticated algorithms will exacerbate that challenge.
4 minute read
March 25, 2024 | New York Law Journal

Internet Law as Guide to AI Legislation

While laws and regulations may lag innovation, Internet laws and regulations are likely to be valuable guides to Artificial Intelligence legislation. Due to the similarities of Internet technology and AI technology, Internet law options and implementation strategies are expected to be applicable to AI legislation.
6 minute read
Law Journal Press | Digital Book Federal Trade Commission: Law, Practice and Procedure Authors: Peter C. Ward View this Book

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March 21, 2024 | Legaltech News

Wash, Fine, Repeat? SEC Enters Fray of Agencies Monitoring Companies' AI Use

The SEC issued its first two official charges against companies' "AI washing" practices on March 18, which sources expect to be "only the beginning."
6 minute read
March 20, 2024 | Daily Business Review

Eleventh Circuit Clarifies Receiver's Power

"When the perpetrators are removed and a receiver is appointed in their place, the corporate structures are no longer the 'evil zombies' of the perpetrator; they are '[f]reed from his spell' and regain standing to sue for the return of money fraudulently transferred," the U.S. Eleventh Circuit held.
5 minute read
March 20, 2024 | New York Law Journal

Attorney-Client Privilege in the Global Economy

Lawyers involved in planning cross-border transactions and those litigating subsequent disputes need to be cognizant of what privileges apply in all relevant jurisdictions and take steps to ensure that communications will be protected in each jurisdiction.
11 minute read
March 13, 2024 | New York Law Journal

Financial Services Industry Group Update: $30M Fine Issued to NY Bank for Misuse of Confidential Information: What Happened?

The New York Department of Financial Services imposed a $30 million penalty on the New York branch of a foreign bank. The fine had nothing to do with employment discrimination or wage-and-hour issues—but it was the outcome of an internal transfer of a single New York-based employee to an overseas affiliate, and is a lesson in how financial services clients are at risk of penalties going far beyond those that are normally imposed by employment law regulators.
6 minute read
March 13, 2024 | National Law Journal

Goodwin, Orrick, Steptoe, Willkie Add DC Partners Amid Uptick in Lateral Moves

Goodwin brought on Lori Gordon, who was co-chair of their post-grant practice at Perkins Coie. She was one of several Am Law 200 partners to join new firms in D.C.
4 minute read

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