With the internet’s proliferation and widespread adoption in the 1990s, very few could foresee the dominant force that Google would become. Google launched in 1998 among a crowded market of internet search engines, such as Excite, Yahoo, and Lycos. (Charles Rose, SEO Mechanic). Over the following twenty-six years, Google grew_ into one of the most preeminent U.S. companies, controlling approximately 90% of the global internet search engine market. (Statcounter). Google’s dominance in various markets has attracted the ire of state and federal governments, lawmakers, and regulators, leading them to pursue antitrust actions against Google. (U.S. Senate Judiciary Committee; Office of Public Affairs: DOJ). One of these actions recently came to a head on August 3, 2024, when the District Court for the District of Columbia (“Court”) ruled that Google illegally operated a monopoly in search engine services and text advertising. (Rohan Goswami et al., CNBC). The impact on Google and other stakeholders remains uncertain, but it has the potential to re-shape the streams of revenue for Google and other technology companies, as well as influence how consumers use technology. Regardless of the political environment, the government and regulators are likely to press ahead with efforts to curb the anti-competitive behavior of technology companies that has grown over the years. The following centers on the Court’s examination of the three principal issues and explores potential implications for Google, consumers and other technology companies.

The most watched show of the season might be the drawn-out roller coaster of negotiations between Paramount and Skydance. The two entities entered into negotiations to merge in April 2024. (Benjamin Mullin et al., New York Times). However, the parties have run into roadblocks, including shareholder interest issues and other prospective buyers. Id. On June 11, 2024, Paramount’s majority shareholder rejected a previous deal (the “June 2024 Deal”), but by July 3, the parties renewed efforts to make the relationship work. Id. This post reviews the current situation Paramount finds itself in, its desperate attempts at corporate marriage, why previous negotiations have fallen flat, and what the newest rendition of a deal includes.

This might sound like a familiar story: you start work at a new company and have to sign a seemingly endless mountain of forms and employment agreements during onboarding. One of the agreements that you might have signed is a non-compete agreement, which prevents employees from working for a competing employer or starting a competing business, typically within a certain geographic area and period of time” following the end of their employment. (FTC). In January 2023, the Federal Trade Commission (“FTC”) proposed a new Rule that would ban all non-competes. Id. Naturally, businesses, such as those affiliated with the Chamber of Commerce, were not the most enthusiastic about the Rule, leading them to challenge the Rule in federal court in the case Ryan LLC v. Fed. Trade Comm'n, No. 3:24-CV-00986-E, 2024 WL 3297524 (N.D. Tex. July 3, 2024). The court ruled that the FTC cannot enforce the ban on non-competes. Id. at 11. This post will cover the reasons why the FTC implemented the Rule, the pros and cons of the Rule, the court’s reasoning for halting the Rule, and the implications of the court’s decision.

The U.S. Food & Drug Administration (“FDA”) is looking to elbow its way into the medical testing business by mandating stricter regulations that would slow the process of bringing lab-developed tests (“LDTs”) to market. LDTs are common medical diagnostic tests that have led to both diagnostic advances and setbacks that affect the everyday consumer. (FDA News Release, U.S. Food and Drug Administration). The FDA’s regulation was previously opened for a 60-day comment period and was met with vigorous discussion. Regardless, the FDA moved forward with the regulations on April 29, 2024, and has been met with legal push back and Congressional commentary that could threaten the future of the proposed rule. (Chair Rogers, U.S. House Energy and Commerce Committee).  This post examines the current structure of LDT regulations, their marketability, and how this regulation change will affect small startups and patient experiences.

Benjamin Franklin once said, "Nothing is certain except death and taxes." (Benjamin Franklin, Letter to Jean-Baptiste Le Roy).  In a recent United States Supreme Court (“SCOTUS”) decision, the tax portion is more certain than ever. (Richard Rubin, Wall Street Journal). On June 20, 2024, SCOTUS rejected a challenge to a 2017 tax law (“Tax Law”) on certain foreign investments. (Moore v. United States, 144 S. Ct. 1680, 1697 (2024)). The decision keeps the foreign investment tax intact, while avoiding addressing a 16th Amendment interpretation. (Richard Rubin, Wall Street Journal). This article explores the case's background, the Court's reasoning, and how this decision will ultimately discourage individuals from investing in foreign companies

The U.S. Consumer Financial Protection Bureau (“CFPB”) recently introduced a new proposed rule change that will expand its regulatory oversight to “‘general-use digital consumer payment apps.’” (Jessie Chang, ABA). The Consumer Financial Protection Act allows the CFPB to supervise nonbank entities in the mortgage, payday loan, and private student loan sectors, as well as service providers to banks and credit unions, but the CFPB can also oversee companies that pose consumer risks or are “larger participants in other markets.” (Consumer Financial Protection Bureau). While the CFPB has used its power to regulate “larger participants” in markets involved with consumer financial products and services before, this proposed rule will expand its oversight to a brand-new height by including more non-traditional banking companies. (A&O Shearman). CFPB Director Rohit Chopra stated the proposed “rule would crack down on one avenue for regulatory arbitrage by ensuring large technology firms and other nonbank payments companies are subjected to appropriate oversight.” (Consumer Financial Protection Bureau). This article examines the need for and the positive effects of this proposed rule, as well as the potential dangers.

Several prominent news organizations, including The New York Times, The Intercept, Raw Story, and Alternet, have filed lawsuits against OpenAI, an artificial intelligence research organization. (Yiwen Lu, The New York Times)​​. The lawsuits allege that OpenAI used their journalists’ copyrighted content to train its artificial intelligence (“AI”) system, ChatGPT, without proper authorization or accurate citation. Id. They allege that OpenAI unlawfully used their copyrighted content to train its AI system, ChatGPT, violating the Digital Millennium Copyright Act (“DMCA”), which prohibits the “removal of information like author and title from protected works” thereby infringing upon their copyrights. Id.(Cade Metz, et al. & Katie Robertson, The New York Times). As a result of the training, ChatGPT can potentially produce similar content to the copyrighted material which would be grounds for a DMCA violation. Id. This article describes how OpenAI has responded to these lawsuits, how OpenAI has responded to news organizations’ claims, other stakeholders suing AI platforms, and possible outcomes of the lawsuits.

On August 23, 2023, the Securities and Exchange Commission (“SEC”) adopted New Rules under the Investment Advisers Act for private fund advisers to increase investor protection, transparency, and oversight. (Securities and Exchange Commission). The New Rules apply to all private fund advisers and restrict activities that are contrary to the public interest, while increasing the visibility of practices that could harm investors. Id. Under the New Rules, all private fund advisers are subject to the Restricted Activities Rule and the Preferential Treatment Rule. Id. While the New Rules are poised to protect investors, opponents argue the cost of compliance will negatively affect private fund advisers and stifle entrepreneurialism. (O’Melveny). This article reviews the New Rules, the arguments for and against the New Rules, and the potential impact they will have on private fund advisers moving forward.

The U.S. grocery industry witnessed a significant development with the proposed merger of two of its largest players: Kroger and Albertsons. Announced in October 2022, this merger aims to create a powerhouse capable of competing with giants like Walmart and Amazon. (Phil Lempert, Forbes). However, the Federal Trade Commission (“FTC”) pursued legal action to block Kroger's bid for Albertsons, citing concerns over potential harm to competition, which could lead to higher prices and lower wages. (Georgetown University). This article explores the FTC's challenge to the Kroger-Albertsons merger, detailing the FTC's competition concerns, Kroger’s perspective on the matter, strategic store divestitures, and the potential effects on the grocery industry and consumers.