On March 20, 2026, the U.S. Court of Appeals for the Fifth Circuit held that deceptive advertising actions brought by the Federal Trade Commission (FTC) in an administrative proceeding are unconstitutional.[1] In Intuit, Inc. v. FTC (No. 24-60040),
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FTC Foregoes Administrative Proceeding Option, Indicating Procedural Changes to Merger Enforcement are Underway
A recent case commenced by the Federal Trade Commission (FTC) challenging a merger directly in federal court has contradicted longstanding expectations regarding the agency’s merger enforcement process.
The FTC has generally used Section 13(b) of the Federal Trade Commission Act
FTC Reverts to Long-Standing HSR Reporting Requirements
UPDATE: On the heels of the Fifth Circuit’s order declining a stay, the FTC, along with the Department of Justice (DOJ), has launched a public inquiry regarding the effectiveness of the New Rules. The FTC announced that it continues to
Uptick in DOJ Antitrust Division Statements of Interest
In President Trump’s second term, the Department of Justice Antitrust Division has demonstrated its antitrust enforcement priorities through relatively frequent filing of Statements of Interest. The 13 Statements filed in 2025 represent a clear uptick from the 7, 8, and
Ep. 64 – PPLI in Practice: A Conversation with Carl Peterson
Gain insights into how high‑net‑worth families are leveraging Private Placement Life Insurance (PPLI) in their long‑term planning strategies in the latest episode of Future Focused: Sophisticated Estate Planning. Hosts Michael Clear and Erin Nicholls sit down with Carl Peterson of
Ep. 63 – The Human Side of Planning with Brian Lasher
In this episode of Future Focused: Sophisticated Estate Planning, host Michael Clear sits down with Brian Lasher, Managing Director at Euclid Harding, to explore why planning so often stalls – and what it takes to move forward with clarity and
District Court Vacates HSR Reporting Requirements
Last week, a Texas federal district court vacated the Federal Trade Commission Final Rule from 2025 that expanded the information companies must include in Hart-Scott-Rodino (“HSR”) premerger notifications.[1]
The Final Rule, which went into effect in February 2025, greatly
Ep. 62 – Modern Board Membership with R.J. Kornhaas: Duties, Risks, and Opportunities
In this episode, host Michael Clear welcomes back Corporate Partner R.J. Kornhaas to unpack the critical responsibilities and risks associated with modern board membership. Michael and R.J. supply actionable insights on the legal and fiduciary duties board members must uphold,
Flying South, Taxed Up North: Another Snowbird Dilemma
Each year, thousands of taxpayers relocate for warmer weather, lower taxes or new opportunities. However, failure to properly change domicile can cost these taxpayers a hefty and unexpected tax bill. In a recent New York Tax Appeals Tribunal case, In
New York’s Fair Business Practices Act Significantly Expands State Consumer Protection Law
On December 19, 2025, New York’s Governor signed into law the Fostering Affordability and Integrity Through Reasonable Business Practices Act (“FAIR Business Practices Act”). The FAIR Business Practices Act amends Sections 348 and 349 of New York’s General Business