On Jan. 25, President Trump named Maureen Ohlhausen as the Federal Trade Commission’s acting chairwoman. A recent speech by Ohlhausen, who has served as a commissioner for the FTC since 2012, shed some light on the role the FTC may have under her leadership during the new administration. Ohlhausen briefly summarized a “few areas in … Continue Reading
Parties litigating in courts across the country routinely file some documents under seal as a matter of course. Sealing filed documents often is a practical necessity – parties need not disclose certain confidential information in the public domain, and parsing through filings and conferring with opposing counsel and third parties to determine what is truly … Continue Reading
Arbitration in the context of antitrust class action litigation continues to be a front and center issue for the federal appeals courts. (See this blog’s discussion of a Third Circuit decision from late last year, In re Pharmacy Benefit Managers Antitrust Litig. (Case No. 12-1430).) The Eighth Circuit recently weighed in on arbitration issues, holding … Continue Reading
Parties should not “use federal court proceedings to test the water before taking a[n arbitration] swim,” the Third Circuit recently cautioned when overturning an Eastern District of Pennsylvania’s decision granting a motion to compel arbitration. In re Pharmacy Benefit Managers Antitrust Litig. (Case No. 12-1430).… Continue Reading