Axinn, Veltrop & Harkrider LLP

State by State, Pre-Merger Notifications Expand

In the wake of the recent major revisions to the federal merger review form, states are also getting into the act, creating broad new transaction notification requirements. Such notification requirements are not completely new,…more

6/30/2025 / Administrative Law, Antitrust & Trade Regulation, Mergers & Acquisitions

Keeping an Eye on the Ball: America First Antitrust Weighs in on the “Uniquely American System of Scholar Athletics”

Tennessee basketball player Zakai Zeigler has appealed the district court’s denial of his bid to secure a preliminary injunction against the NCAA’s “Four-Seasons Rule.” We will be closely following what the Sixth Circuit does,…more

6/24/2025 / Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Labor & Employment Law

FTC Peeling Back the Layers of the Orange Book

The Federal Trade Commission (FTC) is continuing to pursue pharmaceutical manufacturers for allegedly improperly listing patents in the “Orange Book,” delaying the entry of generic drug competitors. On May 21, the FTC renewed…more

6/3/2025 / Antitrust & Trade Regulation, Health, Intellectual Property

Patman Returns … and Retreats Again

When agency enforcement of the Robinson-Patman Act (RPA) was revived near the end of the Biden administration, it was met with mixed reactions. Given the Republican Commissioners’ disapproval of the complaints, it came as no…more

5/30/2025 / Administrative Law, Antitrust & Trade Regulation, Elections & Politics

The Texas v. Blackrock ESG Case: The FTC and DOJ Have Entered the Chat

On May 22nd, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) filed a joint Statement of Interest in a case against several prominent asset managers brought last year by the Texas Attorney General. In their…more

5/29/2025 / Antitrust & Trade Regulation, Energy & Utilities, Environmental Law, Mergers & Acquisitions

Recent Decision Shows the Heavy Burden of Actual Malice in Defamation Suits

Ever since the landmark case New York Times Co. v. Sullivan, 376 U.S. 254 (1964), to succeed on a defamation claim, plaintiffs who are also public figures have a constitutional requirement to show that the defendant acted with…more

5/8/2025 / Civil Procedure, Communications & Media Law, Constitutional Law

Five Healthcare Antitrust Topics to Watch at the Upcoming Health Care Transactions Conference in Nashville

Each May, the American Health Law Association holds its Health Care Transactions Conference in Nashville, Tennessee. In addition to panels covering a wide variety of non-antitrust transactions issues (Stark Law, anyone?), we are…more

5/2/2025 / Antitrust & Trade Regulation, Health, Mergers & Acquisitions

A Labor of Love: Trump DOJ Obtains First Guilty Verdict in a Criminal Labor Case

In October 2016, the Obama Administration announced that it would criminally prosecute no-poach and wage-fixing agreements among competitors for talent. Starting in December 2020, through the Trump and Biden Administrations,…more

4/22/2025 / Antitrust & Trade Regulation, Criminal Law, Labor & Employment Law

Federal Circuit Holds Generic’s Hatch-Waxman Litigation Expenses Deductible

A March 21 Federal Circuit decision in Actavis Laboratories FL, Inc. v. United States, No. 23-1320 (Fed. Cir. Mar. 21, 2025) marked a victory for generic drug developers, affirming that legal expenses incurred defending…more

4/17/2025 / Health, Intellectual Property, Taxation