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Articles by Abigail Cessna
Appeals Court Forces FTC to Allow Merging Parties to Return to Old HSR Form (for Now)
Our Antitrust and Mergers & Acquisitions teams break breaks down the Fifth Circuit’s decision allowing merging parties to temporarily revert to the less burdensome pre-2025 Hart–Scott–Rodino (HSR) Act form for premerger reporting.
Fifth Circuit Grants Temporary Reprieve for Expanded HSR Form, but Uncertainty Looms | JD Supra
Our Antitrust and Mergers & Acquisitions Teams review the Fifth Circuit’s temporary action preserving the expanded Hart-Scott-Rodino (HSR) premerger reporting requirements, the resulting near-term uncertainty for filing obligations, and the unchanged framework for merger review.
District Court Ruling May Force a Return to the Old HSR Forms | JD Supra
A federal district court has struck down the Federal Trade Commission’s (FTC) current Hart–Scott–Rodino (HSR) premerger notification form. Our Antitrust Team reviews the uncertainty the decision creates and what comes next if the ruling stands.
FTC Increases Hart–Scott–Rodino Act Thresholds and Filing Fees for 2026 | JD Supra
Executive Summary Our Antitrust and Mergers & Acquisitions Teams summarize recent updates to relevant thresholds for notifying mergers to antitrust agencies, relevant thresholds for associated filing fees, and thresholds under a law prohibiting interlocking directorates.
FTC Targets Noncompete Agreements in Health Care Industry After Abandoning Defense of Blanket Noncompete Ban | JD Supra
Our Antitrust and Labor & Employment Teams discuss recent actions by the Federal Trade Commission (FTC) that have put employers on notice that it plans to investigate and challenge noncompete agreements, particularly health care employers that have noncompetes with nurses, physicians, and other medical professionals.
FTC Advances Significant Changes to Premerger Notification Process: Change of Administration Adds New Uncertainty | JD Supra
At long last, the Federal Trade Commission has approved a final rule to expand the pre-merger filling requirements under the Hart-Scott-Rodino (HSR) Act. Our Antitrust and Mergers & Acquisitions teams weigh in.
FDIC, OCC, and DOJ Update Guidance on Bank Merger Evaluations | JD Supra
Last week, each of the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of the Currency (OCC), and the Department of Justice Antitrust Division (DOJ) revised how they will review bank mergers. Our Financial Services and Antitrust teams highlight what banks considering mergers should know about the changes.
Noncompete Clauses Get a Reprieve from FTC Ban: What’s Next? | JD Supra
As expected, a Texas federal court blocked the Federal Trade Commission’s rule banning noncompete clauses. Our Labor & Employment and Antitrust Groups break down the court’s reasoning and look ahead to what might come next.
FTC’s Rule Banning Noncompete Agreements Partially Blocked by Federal Judge | JD Supra
A federal judge has partially blocked a rule by the Federal Trade Commission (FTC) to ban most employer noncompete agreements. Our Labor & Employment and Antitrust teams weigh in on the impending ban’s uncertain future.
FTC Increases Hart–Scott–Rodino Act Thresholds and Filing Fees for 2024 | JD Supra
Our Antitrust and Mergers & Acquisitions Groups analyze this year’s Hart–Scott–Rodino Act adjustments and the Federal Trade Commission’s plans for a potential government shutdown.
Federal Antitrust Enforcers Publish 2023 Final Merger Guidelines: A Reflection of Heightened Enforcement | JD Supra
Our Antitrust Team examines finalized guidelines from the Department of Justice and Federal Trade Commission that set forth more aggressive standards for horizontal and vertical M&A transactions.
Next On AI’s Agenda, Regulatory Scrutiny
Artificial Intelligence Cybersecurity Regulation Technology Media and Telecom While some jurisdictions are enacting or proposing AI-specific regulation, many existing regulatory frameworks apply to new technologies, including antitrust. Companies may experience different potential antitrust risks depending on the type of AI technology and their use of that technology. There has been much hype around the potential of Artificial Intelligence (AI) to transform life and work.
AI Is Attracting Antitrust Regulatory Scrutiny
Antitrust Artificial Intelligence Regulation White Collar Crime While some jurisdictions are enacting or proposing AI-specific regulation, many existing regulatory frameworks apply to new technologies, including antitrust. Companies may experience different potential antitrust risks depending on the type of AI technology and their use of that technology. There has been much hype around the potential of Artificial Intelligence (AI) to transform life and work.
Artificial Intelligence: Balancing Opportunity and Antitrust Risk - Corporate Counsel
Gretchen Jankowki, shareholder and co-chair of the firm's Litigation section, and Abigail Cessna, associate in the firm's Litigation section, coauthored an article entitled "Artificial Intelligence: Balancing Opportunity and Antitrust Risk" in Corporate Counsel.
Artificial Intelligence: Balancing Opportunity and Antitrust Risk
There has been much hype around the potential of Artificial Intelligence (AI) to transform life and work. Many industries are looking to implement the paradigm shift that this technology offers. While companies are eager to develop and implement AI solutions, ensuring compliance with laws and regulations can help companies avoid costly and disruptive enforcement action.
FTC Takes Action Against Private Equity
Federal antitrust agencies under the Biden Administration have a stated focus on the private equity industry, and last week's lawsuit filed by the Federal Trade Commission (FTC) against the private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson) and its portfolio company U.S. Anesthesia Partners, Inc. (USAP) is the latest example.
Lead Generation Software: The Wave Of Website
Privacy developments-legislation, enforcement, and litigation in the U.S.-are heating up along with temperatures this summer. The past year brought a slew of website "invasion of privacy" litigation in which putative class representative and individual plaintiffs relied on wiretapping statutes and the Video Privacy Protection Act to pursue claims against companies deploying session replay and pixel software to assist in data analysis and ad targeting on their websites.
Healthcare Organizations Face Increased Antitrust Risk from FTC and DOJ Proposals - PA Pulse MGMA Newsletter
Carrie Amezcua and Abigail Cessna, lawyers in the firm's antitrust and trade regulation practice group, co-authored an article "Healthcare Organizations Face Increased Antitrust Risk from FTC and DOJ Proposals" in August's PA Pulse newsletter for the Pennsylvania Medical Group Management Association.
FTC Joins DOJ In Withdrawal Of Healthcare Antitrust Guidelines
The FTC has now joined the DOJ Antitrust Division in withdrawing guidance relating to antitrust enforcement in healthcare. In February, the DOJ announced its withdrawal of three antitrust policy statements relating to healthcare. As anticipated, five months later, on July 14, 2023, the FTC withdrew two of these policy statements.
New antitrust merger guidelines could have significant chilling effect on healthcare deals - Healthcare Dive
Carrie Amezcua, counsel in the firm's Antitrust and Trade Regulation practice group, and Abigail Cessna, associate in the firm's Antitrust and Trade Regulation practice group, were quoted in Healthcare Dive article "New antitrust merger guidelines could have significant chilling effect on healthcare deals."
DOJ And FTC Release Draft Merger Guidelines
After much anticipation, on July 18, 2023, the Federal Trade Commission and the Antitrust Division of the Department of Justice released their revised Draft Merger Guidelines. The revised guidelines were long anticipated with President Biden requesting the agencies update the guidelines in his Executive Order Promoting Competition released in July 2021 and the agencies issuing a request for information and conducting listening sessions with the promise of updated guidelines.
FTC Revises Its Rule 3 Administrative Process - Antitrust, EU Competition - United States
The Federal Trade Commission has taken aggressive action in both enforcement and policy over the past couple years, but one recent update occurred quietly. In June 2023, FTC Commissioners voted to modify Parts 0-4 of the Commission's Rules of Practice. Notably, the FTC revised its Part 3 administrative hearing process, diminishing the role of its administrative law judge (ALJ).
A New Era: FTC And DOJ Propose Overhaul Of Premerger Notification Filing Process - Antitrust, EU Competition - United States
In the first major overhaul in 45 years, on June 27, the Federal Trade Commission (FTC) with the concurrence of the Department of Justice Antitrust Division (DOJ) published proposed revisions to premerger notification rules that implement the Hart-Scott-Rodino Improvements (HSR) Act. The proposed changes to the premerger filing process are extensive and could add up to 222 hours of work for merging parties.
EXPERT INSIGHTS—FTC and other federal agencies issue joint statement on artificial intelligence enforcement efforts
© 2023 CCH Incorporated and its affiliates and licensors. All rights reserved.
EXPERT INSIGHTS-FTC AND OTHER FEDERAL AGENCIES ISSUE JOINT STATEMENT ON ARTIFICIAL INTELLIGENCE ENFORCEMENT EFFORTS
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