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Baker & Miller PLLC | USA | 16 Sep 2021

FTC under attack as parties challenge its structure and participation of chairperson

The Federal Trade Commission's (FTC's) very existence is being attacked in two distinct ways. In one challenge, a party to an FTC administrative proceeding attacked the commission's structure on the basis that it was unconstitutional and deprives respondents of due process. Meanwhile, Amazon and Facebook are respectively arguing that Chairperson Lina Khan must recuse herself from matters......
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Norton Rose Fulbright | USA | 16 Sep 2021

Recovering costs of enforcement and interest

Where a losing party refuses to honour an award, the winning party will need to go through the legal process of recognition and enforcement of the award in all jurisdictions where the losing party has assets. In doing so, the winning party can incur not-insignificant costs. An important question for parties seeking enforcement is whether a court will grant a winning party their lawyers' fees,......
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Fox Rothschild LLP | USA | 15 Sep 2021

New vaccine mandate: what federal contractors and large employers need to know

An executive order has been issued to ramp up safety protocols for federal contractors, which includes mandatory vaccinations for their employees. Although the order is effective immediately, the new requirements apply only to contracts entered into on or after 15 October 2021. However, these new requirements will not entirely abate the significant challenge employers face in conducting......
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Kozusko Harris Duncan | USA | 2 Sep 2021

Changing times: tax and reporting requirements for US citizens and Green Card holders moving abroad

For various reasons, some US citizens and Green Card holders are considering living abroad. How tax professionals and trust officers worldwide advise these individuals depends on their objectives. Does the individual want to live in another country for a limited number of years or to change domicile and resettle permanently? Will the individual be working abroad or living off savings and......
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Baker & Miller PLLC | USA | 26 Aug 2021

FTC changes to merger review process: lifeboat or policy shift?

The Federal Trade Commission has recently announced a couple of changes to its usual merger review process that seem partially aimed at emphasising its need for additional funding and staff. They may also be an attempt to gain more time to contemplate and implement new policies to invigorate merger enforcement and perhaps realign merger law towards a more progressive view.
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Arent Fox LLP | USA | 13 Aug 2021

United States signals aggressive approach on forced labour, creating new risks for companies

The passage of the Uyghur Forced Labor Prevention Act, the issuance of the updated Xinjiang Supply Chain Business Advisory and other recent government actions may indicate that all products produced in whole or partially in the Xinjiang Uyghur Autonomous Region may soon be banned in the United States. Companies should be aware that this may impact on their ability to fulfil contracts, stock......
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Wilson Elser | USA | 4 Aug 2021

Fifth Circuit considers NTSB's power to withhold intra-agency communications

The Fifth Circuit recently held that the National Transportation Safety Board may continue to withhold certain communications between its investigators and parties to a completed investigation based upon the "intra-agency" exception to Freedom of Information Act requests. This is the first time that any circuit has considered this issue. This article outlines some of the key points in the......
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Cozen O'Connor | USA | 21 Jul 2021

Biden's competition EO mandates scrutiny of airline practices

President Biden recently issued an executive order (EO) designed to promote competition across the US economy. The airline industry-related provisions are among the broadest in the EO, tasking the Department of Transportation to carry out the EO's mandates on various specific issues. How this initiative will affect the airline industry remains to be seen, particularly as it continues to......
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Venable LLP | USA | 12 Jul 2021

Supreme Court upholds and limits assignor estoppel in patent cases

Assignor estoppel is a common law doctrine that prevents the assignor of a patent from challenging the validity of the assigned patent in district court litigation. The Supreme Court recently upheld the doctrine but limited its application to situations in which the invalidity challenge contradicts an explicit or implicit representation that the assignor made in assigning the patent.
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Baker & Miller PLLC | USA | 8 Jul 2021

Big tech becomes major target for new antitrust proposals

Democratic Representative David Cicilline has introduced a package of legislative measures aimed at modernising the antitrust laws to address concerns raised by the actions of big tech companies. While companies such as Facebook and Google may oppose the proposals, they are likely to receive some serious consideration following anti-big tech Linda Khan's nomination to chair of the Federal......
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