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National Law Journal

Competition, Consumers, Workers Drive FTC's Aggressive Antitrust Approach, Khan Says

"This change in this reorientation has happened against a backdrop of a very organic sense that something was not working, that we were not adequately preserving competition across these markets," Federal Trade Commission Chair Lina Khan said.
3 minute read

National Law Journal

Corporate Money Blurs Line Between Experts, Advocates in the Antitrust Space, Kanter Says

"I fear that as the line blurs between expertise and advocacy, we risk losing expertise altogether," said Jonathan Kanter, the U.S. Department of Justice's antitrust chief.
3 minute read

New York Law Journal

The Future of FDA Policy: Reflections From the Summer of 'Chevron'

Sheppard Mullen attorneys discuss 'Loper Bright Enterprises v. Raimondo and include the considerations stemming from the decision, both generally and with respect to FDA practice, specifically. They write: "Now, after having spent the summer pouring over cases, articles, and thought leadership on the matter, we're not sure the win is so sweeping—especially in the U.S. Food & Drug Administration arena."
8 minute read

National Law Journal

Employers Should Narrowly Tailor Noncompetes to Pass Scrutiny, Say Trade-Secrets Attorneys

"If you have a noncompete in any circumstance that is fast and broad, not tailored to the circumstances at issue and has some lengthy time period, then you're at risk in all of those circumstances," said Jess Krannich, a partner at Wilson Sonsini.
4 minute read

Legaltech News

International AI Treaty Signed by US, UK, and EU Leaves Much to Be Determined

An AI treaty put forth by the human rights organization the Council of Europe allows countries to fill in the blanks as they wish. But it also establishes common principles—and a common language—for regulating AI.
10 minute read

New York Law Journal

New York Falling Behind in Implementing Bold Climate Law

"We still do not know how much sweat and treasure will be required, but sadly it appears that the political will may be faltering," writes Michael B. Gerrard.
16 minute read

Corporate Counsel

Part II: Corporate Regulation and Deregulation after the 2024 Presidential Election

Part I of this two-part series laid out the competing visions of former President Trump and Vice President Harris for the administrative state and suggested how each might govern based on past performance and statements. We also overviewed shifts in the legal landscape that will frame executive action and judicial oversight in the next presidential administration. Here in Part II we look forward to that new administration and propose some top-level guidance for corporations and their counsel to start planning or implementing now, and then after the election, in preparation for January 20, 2025.
6 minute read

Corporate Counsel

Future Proofing Your Contracts for DORA

The EU wants to bring a harmonious, standards-based approach to regulating how financial businesses monitor resilience and avoid ICT-related risks. Up until now, cloudy guidance on how this can be achieved creates further risk. Enter DORA with its intentions to provide clarity to financial entities. This includes expanded requirements that must be incorporated into contracts between financial entities and ICT third-party providers.
7 minute read

Law.com

The DOJ's Whistleblower Pilot Program Adds Incentives for Robust Corporate Compliance Programs

By incentivizing individuals to report misconduct through its Whistleblower Pilot Program, the DOJ has expanded its arsenal and the means by which it can identify misconduct. So wrongdoers beware — although this is not the Old West, everybody loves a good bounty.
10 minute read

National Law Journal

Would FTC Chair Lina Khan Stay on Under a President Harris or Trump?

With Vice President Kamala Harris and former President Donald Trump seeking the presidency, questions have arisen as to whether Khan would be compatible with either administration. It is unclear how either presidential nominee plans to address antitrust and consumer protection matters.
6 minute read

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