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14 Nov 2022, 1:30 pm
” The Statement asserts that, in enacting Section 5, Congress’s objective was to create a new prohibition broader than, and different from, the Sherman and Clayton Acts. [read post]
9 Nov 2022, 10:34 am
The legality of corporate acquisitions, such as this one, is governed by section 7 of the Clayton Act. [read post]
3 Nov 2022, 7:01 am
Key Findings Carbon leakage occurs when a climate policy in one jurisdiction leads to emissions-producing activity simply shifting to a different jurisdiction. [read post]
20 Oct 2022, 3:30 am
Yesterday, the DOJ announced that seven directors have resigned from corporate board positions in response to concerns by the Antitrust Division that their roles violated the Clayton Act’s prohibition on interlocking directorates. [read post]
WNN Exclusive: The SEC Whistleblower Program Enriches the Treasury, Not an Inner Circle of Attorneys
4 Oct 2022, 7:32 am
“The vast majority of whistleblower attorneys are honest, ethical, and hardworking lawyers trying to ensure that whistleblowers stand a chance when they alone confront the multi-billion-dollar corporations that dominate Wall Street. [read post]
27 Sep 2022, 3:30 am
As John has written on DealLawyers.com, the DOJ’s scrutiny could have far-reaching implications for the private equity industry – but it’s an issue for all corporate secretaries to have on their radar. [read post]
8 Sep 2022, 9:01 pm
”[7] My predecessor Jay Clayton said it, and I will reiterate it: Without prejudging any one token, most crypto tokens are investment contracts under the Howey Test. [read post]
8 Sep 2022, 6:12 am
” “Empower’s records requests focused on three former SEC officials – chairman Jay Clayton, corporate finance head William Hinman and acting enforcement leader Marc Berger – and decisions they made with respect to certain cryptocurrencies. [read post]
21 Aug 2022, 4:39 am
The FTC alleges that these covenants not to compete violate Section 7 of the Clayton Act and Section 5 of the Federal Trade Commission Act. [read post]
25 Jul 2022, 4:20 am
The US Department of Justice (DOJ) Monday filed a civil lawsuit against three large poultry corporations alleging the companies collaborated to maintain competition against other corporations by underpaying workers. [read post]
22 Jul 2022, 7:46 pm
To Novak’s point, it is true that, in 1920, the Court proclaimed that “size does not determine guilt,” that the FTC expanded its administrative rulemaking, and that the courts enforced the Clayton Act’s prohibitions on certain business conduct. [read post]
15 Jul 2022, 4:00 am
National/Federal Election Officials Fear Copycat Attacks as ‘Insider Threats’ Loom MSN – Zach Montellaro (Politico) | Published: 7/12/2022 Election officials are confronting a wave of threats and security challenges coming from a troubling source: inside the election system itself. [read post]
13 Jul 2022, 9:36 am
Section 6(g) provided that the FTC would have authority “[f]rom time to time [to] classify corporations and . . . to make rules and regulations for the purpose of carrying out the provisions of this [Act]. [read post]
7 Jul 2022, 11:26 am
The FTC’s recent claim of broad substantive UMC rulemaking authority based on the absence of limiting language and a vague, ancillary provision authorizing rulemaking alongside the ability to “classify corporations” stands in conflict with the Court’s admonition in Whitman v. [read post]
5 Jul 2022, 2:47 pm
The Commission enforces various antitrust laws under Section 5(a) of the FTC Act as well as the Clayton Act. [read post]
5 Jul 2022, 10:32 am
These are former journalists, former reporters, policymakers, who are very concerned about declining competition much like the progressives, but who have a very different view of the role of the antitrust laws in terms of an expansive view of the design of the laws to control political power, corporate power and its translation through economic power. [read post]
26 Jun 2022, 9:01 pm
Prior approval provisions shift the burden of proof to the merging parties to establish that future transactions are not anticompetitive, a burden the agency would otherwise bear under the Clayton Act. [read post]
26 Jun 2022, 12:28 am
Guthrie and Cravath The era of the white-shoe lawyer arguably began on May 1, 1899, when Paul Cravath, then a 37-year-old corporate lawyer lateraled into the Seward law firm, thus becoming the law partner of 40-year-old William Guthrie in the firm that would eventually evolve into Cravath Swaine & Moore. [read post]
18 Jun 2022, 9:17 am
Clayton County, finding that LGBTQ+ is a protected class for discrimination purposes—is working closely with the techno-medical complex, big banks, international law firms, pharma giants, and corporate power to solidify the idea that humans are not a sexually dimorphic species—which contradicts reality and the fundamental premises not only of “traditional” religions but of the gay and lesbian civil rights movements and much of the feminist movement, for… [read post]
16 Jun 2022, 6:58 am
Coates IV, who recently served as General Counsel and Acting Director of the SEC’s Division of Corporation Finance until returning to academia. [read post]
