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Diversity In Monitorship Selection - Corporate/Commercial Law

Diversity In Monitorship Selection - Corporate/Commercial Law
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DOJ Announces Concrete Company's Deferred Prosecution Agreement: Are Effective Antitrust Compliance Programs Really Less Important Now? Unlikely. | Vinson & Elkins LLP

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In early January 2021, the U.S. Department of Justice’s (“the DOJ”) Antitrust Division (“the Division”) announced a Deferred Prosecution Agreement (“DPA”) with Argos USA LLC (“Argos” or “the Company”).
1 While DPAs have been used to resolve prosecutions in other Divisions of the DOJ, the Antitrust Division has considered DPAs only since a policy shift in 2019. Under the new policy, DPAs were to be applied in limited situations where a company committed an antitrust crime despite having an effective compliance program. Division leadership has further suggested that the compliance program in place at the time of the antitrust violation would need to be robust and thoughtful, and that DPAs would be considered only for companies that self-reported misconduct. ....

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A Million Unlicensed Pieces - Nondiscrimination Commitments In The Supply Chain - Intellectual Property

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Rarely must patent infringers demand their right to pay
royalties. But several multinational manufacturers have gone to
court to insist that they – and not other participants in the
supply chain – make payment of any patent royalties. From a
contractual perspective, judicial analysis of such claims has
focused on the non-discrimination prong of the fair, reasonable,
and non-discriminatory ( FRAND ) patent licensing
commitment. In other words, some manufacturers have argued, and
some courts and administrative agencies have agreed, that a
patentee s refusal to provide FRAND licenses at all levels of ....

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DOJ Antitrust Division Brings First Criminal Wage-Fixing Case: Continuing Enforcement on Labor Market Issues | Morgan Lewis

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A federal grand jury in Texas indicted the owner of a therapist staffing company on wage-fixing charges on December 9. Although this is the US Department of Justice’s first criminal wage-fixing prosecution, the indictment underscores that enforcement agencies remain focused on policing these types of anticompetitive agreements that restrict competition in labor markets.
For the past few years, the US Department of Justice (DOJ) and the Federal Trade Commission (FTC) have focused on bringing enforcement actions relating to the anticompetitive effects on employee mobility and labor markets. In 2016, the two federal antitrust enforcement agencies jointly issued Antitrust Guidance for Human Resource Professionals (Guidance), in which they announced an intention to take a “very active” approach to reviewing wage-fixing and no-poach agreements.[1] The Guidance further cautioned that if the DOJ “uncovers a naked ....

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