On August 14, 2024, the Federal Trade Commission’s (“Commission”) new Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (the “Rule”) was finalized and went into effect. The Rule prohibits specified unfair or deceptive acts or practices involving
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Federal Trade Commission Issuing Non-Compete Clause Rule
On April 23, 2024, the Federal Trade Commission (FTC) voted to issue a rule prohibiting noncompete agreements with very few exceptions.[1] The issuance of the rule, which was expected, follows the FTC’s prior release of a draft of the…
Federal Trade Commission’s New Trade Regulation Rule
On April 1, the Federal Trade Commission’s (“Commission”) new Trade Regulation Rule (“Rule”) to combat those that impersonate government entities went into effect. The Rule enables the Commission to directly pursue federal action against scammers who may face civil liability…
Staying in Commission: Guidance for Real Estate Companies Facing Potential Antitrust Litigation
What began in 2019 as two antitrust lawsuits against the National Association of Realtors (NAR) and four national brokerages has turned into a flood of class action litigation against residential brokers and realtor associations. Following a Kansas City jury’s $1.78…
Recent Developments Concerning So-Called “Algorithmic Collusion’
Artificial Intelligence (AI) is quickly evolving to be more capable and efficient in ways that defy even our own imaginations. It is then no surprise that businesses are increasingly looking to AI, including AI-driven pricing algorithms, to optimize their business…
New DOJ Safe Harbor Policy Aims to Incentivize Timely Disclosure of Criminal Misconduct Discovered During Mergers and Acquisitions
On October 4, 2023, Deputy Attorney General Lisa O. Monaco announced the Department of Justice’s new Mergers & Acquisitions Safe Harbor Policy.[1] The policy aims to incentivize timely disclosures of misconduct uncovered during the M&A process by providing a…
The Federal Trade Commission and the U.S. DOJ Antitrust Division during the Biden Administration Have Significantly Ramped Up Antitrust Enforcement: Non-Antitrust Lawyers Beware!
Senior Counsel Robert M. Langer and Michael A. Kurs of Pullman & Comley have co-authored an article titled, “The Federal Trade Commission and the U.S. DOJ Antitrust Division during the Biden Administration Have Significantly Ramped Up Antitrust Enforcement: Non-Antitrust Lawyers…
The FTC has Recently Substantially Elevated its Focus upon Both Private Equity and Interlocking Directorates
On August 16, 2023, the Federal Trade Commission announced that it has settled, via a proposed consent order, a pending antitrust investigation into a proposed acquisition in which a private equity firm, Quantum Energy Partners (“Quantum”), was integrally involved with…
FTC Proposes Dramatic Changes to HSR Premerger Filings, as Agencies Unveil New Merger Guidelines
On October 10, the Federal Trade Commission (“FTC”) announced its final rules with respect to Premerger Notification under the Hart-Scott-Rodino Antitrust Improvement Act of 1976 (as amended) (“HSR”). The final rules formalize what will be the largest change to premerger…
The FTC Has Revised Its Endorsement and Testimonial Guides
On June 29, 2023, the Federal Trade Commission (“FTC”) published the final version of its revised “Guides Concerning the Use of Endorsements and Testimonials in Advertising”[1], hereinafter (“Guides”). For the purposes of the Guides, it is important to…