The Drug Enforcement Administration (DEA), in concert with other federal agencies, has taken various steps in the past few months to strengthen a practitioner’s ability to prescribe controlled substances via telemedicine, a flexibility that started during the COVID-19 pandemic and has not been Continue Reading
The Evolution of the CTA: Beneficial Ownership Information Reports Are Due by March 21, 2025
As of February 18, 2025, the US Department of the Treasury Financial Crimes Enforcement Network’s (FinCEN) Corporate Transparency Act (CTA) reporting requirements have been restored—at least temporarily. The new filing deadline is March 21, 2025. Stay of Smith Injunction As we previously Continue Reading
Trump Administration Shifts DOJ’s Approach to FCPA Enforcement
On February 10, 2025, President Trump signed an Executive Order (EO) directing Attorney General Pam Bondi to halt ongoing enforcement by the Department of Justice (DOJ) in all active prosecutions brought pursuant to the Foreign Corrupt Practices Act (FCPA). The EO also requires the DOJ to cease Continue Reading
KKR Countersues DOJ for Confusing and Contradictory HSR Rules
Not every investment firm countersues the acting assistant attorney general of the United States for the Antitrust Division, the United States Department of Justice (Antitrust Division), the Federal Trade Commission (FTC), and the United States of America (together, the Defendants) when the Continue Reading
Healthcare Consolidation and Private Equity: Public Input on Antitrust Healthcare Regulations
The Department of Justice Antitrust Division (DOJ), the Federal Trade Commission (FTC), and the Department of Health and Human Services (HHS) (together the Agencies) launched a cross-government agency request for information (RFI) seeking public comments on consolidation in the healthcare industry Continue Reading
DOJ Signals Potential Criminal Enforcement Against Private Sector for Diversity Equity and Inclusion (DEI) and Diversity Equity Inclusion and Accessibility (DEIA) Programs
On February 5, 2025, upon her swearing-in, US Attorney General Pamela Bondi issued multiple policy memoranda identifying various priorities of the Department of Justice (DOJ) under the Trump Administration. Among them is a memorandum entitled: “Ending Illegal DEI And DEIA Discrimination And Continue Reading
Antitrust Guidelines for Worker-Related Business Practices: How to Stay on the Right Side of Antitrust Hiring Laws During the Administration Transition
The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) (together, the Agencies) issued Antitrust Guidelines for Business Activities Affecting Workers (2025 Guidelines) in January. The 2025 Guidelines replace the 2016 Antitrust Guidance for Human Resource Continue Reading
Delaware Court Holds Settlement of Underlying Securities Litigation Is Covered Under D&O Policy, Rejecting Insurers’ Assertion of the ‘Bump-Up’ Exclusion
A Delaware court recently found for the policyholders in determining that a directors and officers (D&O) liability policy covered the settlement of an underlying action alleging violations of the Securities Exchange Act of 1934 (the Exchange Act). Indeed, in Harman International Industries, Inc. Continue Reading
FTC Surveillance Pricing Study Finds Personal Data Is Used to Set Individualized Consumer Prices and Generate Higher Profits for Companies
On January 17, 2025, the US Federal Trade Commission (FTC) released the preliminary observations and findings from its ongoing study of surveillance pricing. According to the FTC, surveillance pricing occurs when companies leverage advanced data collection technologies to adjust the prices of goods Continue Reading
DOJ Returns to Charging the “Most Serious, Readily Provable Offenses” and Shifts Resources to Immigration Enforcement
The US Department of Justice (DOJ) recently issued a three-page memorandum from acting Deputy Attorney General Emil Bove to the entire DOJ workforce directing federal prosecutors to return to previous DOJ charging guidelines, which required Assistant US Attorneys to uphold their “core principle” to Continue Reading