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Many of the Biden Administration’s antitrust enforcement actions have involved attempts to regulate anticompetitive conduct in labor markets by means of the antitrust laws. Recently, for example, DOJ has criminally prosecuted defendants for allegedly engaging in wage-fixing and using “no-poach” agreements to restrict competition. And it has successfully blocked a proposed merger using a novel, labor-centric theory. See, “Judge Blocks a Merger of Penguin Random House and Simon & Shuster,” Biden’s FTC, meanwhile, has proposed a rule restricting the use of noncompete agreements.
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By Peter Collins
It is imperative that every organization acknowledges and takes seriously the potential harm that can be caused by insiders who misuse AI as a weapon for personal gain or to settle scores.
By Elkan Abramowitz and Jonathan Sack
This article analyzes the Second Circuit’s decision, which rejected the defense’s arguments for narrowing the definition of “corruptly” and a “thing of value” in the context of Section 215(a)(2).
By Sarah Heaton Concannon and Alexander Schwartz
This article identifies certain information asymmetries in the SEC’s beneficial ownership reporting rules, discusses the extent to which those information asymmetries are addressed (or not) under the SEC’s recent rule amendments, and considers whether additional rule amendments or SEC guidance continue to be necessary.
By Maydeen Merino
Artificial intelligence could drive greater efficiency and lower costs in the finance sector but U.S. Securities and Exchange Commission Chair Gary Gensler warned last month about companies potentially making false claims about using the technology, a nefarious practice known as “AI washing.”