Newsletters

06.22.15

Cardinal Health Settlement Signals Broader Risks for Consolidating Entities

On April 20, 2015, the Federal Trade Commission (FTC) announced that it had entered into a proposed stipulated settlement with Cardinal Health, Inc. to resolve the FTC’s allegations that Cardinal had monopolized the markets for the sale and distribution of low-energy radiopharmaceuticals in ...


06.22.15

State Licensing Boards Aren’t Immune From Antitrust Claims Unless They Are Actively Supervised

Practicing professionals who serve on state licensing boards can be liable for antitrust violations unless the board’s conduct is subject to active supervision by the state, per the U.S. Supreme Court in North Carolina State Board of Dental Examiners v. FTC, 547 U.S. ___, 135 S. Ct. 1101 ...


06.22.15

State Licensing Boards Aren’t Immune From Antitrust Claims Unless They Are Actively Supervised by th

Practicing professionals who serve on state licensing boards can be liable for antitrust violations unless the board’s conduct is subject to active supervision by the state, per the U.S. Supreme Court in North Carolina State Board of Dental Examiners v. FTC, 547 U.S. ___, 135 S. Ct. 1101 ...


06.19.15

SPECIAL FOCUS: FCC Adopts Significant Changes to TCPA Rules

FCC Chairman Tom Wheeler’s proposal to revise the Telephone Consumer Protection Act rules passed by a 3-2 vote during yesterday’s Open Commission Meeting.


06.12.15

Actual Knowledge By Employer Not Necessary For Title VII Religious Discrimination Claim

In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to Abercrombie & Fitch who sued the company for religious discrimination under Title VII.


05.29.15

It’s an Absolute Privilege to Meet You!

On May 15, 2015, the Texas Supreme Court ruled that an internal investigation report provided by Shell Oil Company to the DOJ in 2009 in connection with an FCPA investigation enjoys “absolute privilege” and therefore cannot be the basis for a defamation case against the company.


05.28.15

FCC Chairman Issues Proposal to Address Open TCPA Petitions

On May 27, 2015, FCC Chairman Tom Wheeler circulated a proposal to his fellow commissioners seeking to address the backlog of petitions concerning the TCPA currently awaiting disposition.


05.27.15

Coming Soon to an In-Box Near You: An EEOC Charge

Employers, take note: the Equal Employment Opportunity Commission (EEOC) has initiated the rollout of its electronic complaint program, the first step in moving toward an all-digital system of filing charges with the agency.


05.20.15

Who Should Regulate Healthcare Competition? The New York COPA Dispute

In last month’s Antitrust Update, we reported on the conflict between Georgia’s Certificate of Need laws and the Federal Trade Commission’s (FTC’s) desire to seek divestitures as a remedy in the Phoebe Putney case.


05.20.15

Court Orders $22M Payment in TCPA Fax Suit

A federal court judge in New Jersey recently held that a defendant could be directly liable under the Telephone Consumer Protection Act for fax ads that it did not send.