Newsletters

02.06.24

FTC Regulation Tracker—January 2024

We ended last month’s update noting that the Federal Trade Commission (FTC) had finalized its Combating Auto Retail Scams (CARS) Rule.


02.06.24

FTC Obtains Largest Civil Penalty for False Made in USA Claims

The Federal Trade Commission (FTC) has announced that it has obtained a $2 million civil penalty from tractor maker Kubota North America for falsely labeling thousands of its replacement parts as being “Made in USA.” Under a stipulated court order filed by the Department of Justice on ...


02.06.24

Further Guidance from FTC and DOJ “Reinforces” Parties’ Obligations to Preserve Ephemeral Messages

On January 26, 2024, the United States Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) jointly issued new guidance making clear that common collaboration tools and ephemeral messaging applications must be preserved in the same manner as traditional forms ...


02.05.24

OCC Proposed Policy Statement Sheds Insight into Thinking on Business Combo Review Process

In an effort to increase transparency in the Bank Merger Act (BMA) approval process, the Office of the Comptroller of the Currency (OCC) has recently issued a proposed policy statement (the “Policy Statement”) which is intended to provide insight into the principles the OCC would apply ...


02.01.24

Federal Antitrust Enforcement in Health Care: 2023 Year in Review–Part 3

In 2023, the DOJ continued its aggressive criminal antitrust enforcement agenda in health care, with mixed results in labor markets.


01.31.24

Federal Antitrust Enforcement in Health Care: 2023 Year in Review – Part 2

Merger challenges in pharmaceuticals, medtech and devices received a lot of attention and resources at the Federal Trade Commission (FTC) and State Attorneys General in 2023.


01.31.24

U.S. Chamber and Others Sue to Block Climate Disclosure Mandate Laws

The U.S. Chamber of Commerce, American Farm Bureau, and other business interests sued the California Air Resources Board (CARB) to block implementation of first-in-the-nation California laws mandating disclosure of greenhouse gas emissions and climate-related “risks” in specified ...


01.30.24

CMS Final Rule Requires Payers to Modify Prior Authorization, Create New APIs

In the federal government’s latest effort to promote interoperability in the health care sector, on January 17 the Centers for Medicare & Medicaid Services (CMS) released a final rule that expands the requirements for electronic exchange of information between federally funded health ...


01.30.24

Georgia Proposes a Bill to Regulate Physician and Insurer AI Use

The health care industry, like most industries, is exploring how to reap the benefits of increasingly powerful artificial intelligence-based technologies while managing the risks they pose.


01.29.24

Federal Antitrust Enforcement in Health Care: 2023 Year in Review – Part 1

Antitrust enforcement in health care remained a high priority for the enforcers at the U.S. Department of Justice Antitrust Division and the Federal Trade Commission in 2023.