President Biden’s unprecedented July 9, 2021, Executive Order 14036 represents a potential watershed moment in U.S. competition policy. The wide-ranging Executive Order (EO) includes 72 initiatives that aim to enforce existing antitrust laws and other consumer protection regulations, to be undertaken…
Continue Reading Biden Administration Calls for Whole-of-Government Approach to More Vigorous Antitrust Enforcement
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Civil Litigation
In the case of Kremser v. Lindauer, No. CV-21-0022 (C.P. Lyc. Co. April 30, 2020 Tira, J.), the court granted a Plaintiff’s Preliminary Objections to a Defendant’s Answer and…
Continue Reading Court Holds Defense to Task with New Matter Pleadings
Perhaps going forward, colleges and universities will revise their catalogs to clear up any ambiguity regarding online and in person classes. In any event, the discussion about “educational malpractice” has…
Continue Reading COVID, COLLEGE AND CONTRACTSFour State AGs Launch Consumer Protection Investigation of Major Republican and Democratic Fundraising Platforms, Congressional Effort Underway to Head Off Future Related Incidents
This blog post was written by Foley Hoag Summer Associate, Joshua Rosen
Major national media sources including The Hill, New York Times, Washington Post, and others, recently…
Continue Reading Four State AGs Launch Consumer Protection Investigation of Major Republican and Democratic Fundraising Platforms, Congressional Effort Underway to Head Off Future Related IncidentsThis blog post was written by Foley Hoag Summer Associate, Nicholas Hanel
Does federal election law preempt state AG investigations against Political Action Committees? WinRed believes so – the GOP…
Continue Reading WinRed Fights Back Against State Attorneys General InvestigationsThis blog post was written by Foley Hoag Summer Associate, Adam Aguirre
When would-be investors research a company, they often look to the company’s balance sheet and cash flow. But…
Continue Reading AGs Weigh in on SEC Regulation of Climate Change DisclosuresSecond Circuit Affirms Judge Schofield’s Denial of Motion to Compel Arbitration for Trump-Related Multi-Level Marketing Scheme Claims
Last week, the Second Circuit affirmed Judge Schofield’s decision last year to to deny the motion by Donald Trump, the Trump Corporation, and other Trump family members to compel arbitration…
Continue Reading Second Circuit Affirms Judge Schofield’s Denial of Motion to Compel Arbitration for Trump-Related Multi-Level Marketing Scheme ClaimsCorporate & Commercial
FTC, Under Pressure from “Tidal Wave” of HSR Filings, To Begin Issuing Close-At-Your-Own-Risk Letters
Many have been wondering when FTC and DOJ will resume granting early termination of the HSR waiting period in deals that present no anticompetitive concerns. Early termination does not appear…
Continue Reading FTC, Under Pressure from “Tidal Wave” of HSR Filings, To Begin Issuing Close-At-Your-Own-Risk LettersFTC, Under Pressure from “Tidal Wave” of HSR Filings, To Begin Issuing Close-At-Your-Own-Risk Letters
Many have been wondering when FTC and DOJ will resume granting early termination of the HSR waiting period in deals that present no anticompetitive concerns. Early termination does not appear…
Continue Reading FTC, Under Pressure from “Tidal Wave” of HSR Filings, To Begin Issuing Close-At-Your-Own-Risk LettersoneNDA is a new initiative that “set out on a mission to standardise the NDA so that lawyers can spend less time on them and more time on more valuable…
Continue Reading oneNDA Is mediocreNDA: Thoughts on a Proposed Standard Nondisclosure AgreementAs previously discussed, in addition to the State Regulations and FinCen Rulings pertaining to Digital Assets and Cryptocurrencies, there are a host of other federal agencies with regulations that affect…
Continue Reading Cryptocurrencies and the Securities and Exchange CommissionA data-rich thought piece by New Cannabis Ventures makes an interesting case for using a sum-of-the-parts analysis in valuing cannabis companies with diverse operating segments, as that helps filter out…
Continue Reading Guest Post: Use Sum of Parts Analysis in Cannabis Valuation?On July 30, 2021, L Brands, the parent company behind Victoria’s Secret and Bath & Body Works, settled a rash of derivatives actions which had alleged “toxic” workplace conditions and…
Continue Reading L Brands Settles Derivative SuitsEmployment & Labor
From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of…
Continue Reading US Federal Labor Viewpoints – Week of July 26, 2021Biden Administration Issues Memo Focused on Critical Infrastructure Cybersecurity
Following a series of major ransomware attacks, including against Colonial Pipeline, which provides the East Coast with 45 percent of its gasoline, jet fuel and diesel, President Biden issued a…
Continue Reading Biden Administration Issues Memo Focused on Critical Infrastructure CybersecurityMonths after first releasing pay transparency guidance, the Colorado Department of Labor and Employment (CDLE) has issued an update.
CDLE issued final Equal Pay Transparency (EPT) Rules in November 2020.
Video: COVID-19 Restrictions Tighten, NYC Fair Chance Act, Biden’s Budget – Employment Law This Week
As featured in #WorkforceWednesday: This week, we look at how COVID-19 restrictions are tightening to curb the spread of the Delta variant, how NYC is ramping up enforcement…
Continue Reading Video: COVID-19 Restrictions Tighten, NYC Fair Chance Act, Biden’s Budget – Employment Law This WeekMasks Redux? What Employers Need to Know About the Latest Guidance for Fully Vaccinated Individuals from the CDC
As we discussed in our May 14, 2021 blog post, “Back to Normal for the Fully Vaccinated? What the CDC’s Latest Guidance Means for Employers,” the CDC had…
Continue Reading Masks Redux? What Employers Need to Know About the Latest Guidance for Fully Vaccinated Individuals from the CDCWith the rise in the Delta variant of COVID-19, employers are revisiting the issue of whether to impose mandates for vaccination. This week, Shipman Partner Daniel Schwartz spoke with Dennis…
Continue Reading Connecticut Employers Have Much to Consider in Mandating Vaccines