By Alexander Johnson On January 5, 2023, the Federal Trade Commission (“FTC”) released a proposed rule that would prohibit the use of non-compete clauses in employment and independent contractor agreements. As written, this rule would render existing non-compete clauses unenforceable and prohibit most employers from attempting to use such clauses in employment agreements. The proposed …
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The Herbalife Saga On October 30th, Herbalife Nutrition Ltd., a global nutrition company,1 will release its third quarter financial results for 2018 with the hope that the multi-level marketing company will continue its positive trend of strong market performance.2 Herbalife has beat earnings estimates for three straight quarters, and the company’s stock price has increased …
Continue reading “Confidential Compliance: Herbalife, the FTC, and the Freedom of Information Act”
The professional sports industry has proven to be a hotbed of innovation for companies seeking to capitalize on its immense fan base. One of the most rapidly developing platforms in this space has been daily fantasy sports (“DFS”). Unlike traditional fantasy sports, where “leagues” comprised of typically a dozen members compete throughout an entire sports …
Continue reading “The Failed Merger Between FanDuel and DraftKings”
Mobile health apps is a growing market globally, with projection of its revenue in North America to reach over $5 billion by 2018.1 Despite this promising future, regulatory issues remain a concern for startups and investors hoping to get into this space.2 In the United States, for example, mobile health apps are regulated by …
Continue reading “A Bitter Pill to Swallow: Regulatory Challenges Faced by Mobile Health Startups”
On February 5, 2016, app-making company General Holdings Inc., also doing business as Vulcun, agreed with the Federal Trade Commission (“FTC”) to stop installing its apps on consumers’ mobile devices without their permission and plaguing them with advertisements on their desktop computers.1 The scandal started with Vulcun’s sneaky replacement of a popular browser-based game called …
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After weeks of tense negotiations and a very public standoff between the two companies, Anheuser-Busch InBev has finally managed to convince SABMiller PLC to accept their takeover bid of $104.2 billion dollars (approximately $68 per share), meaning they are poised to “dominate much of the world’s beer market.”1 Negotiations stretched over weeks between officers of …
Continue reading “ANHEUSER-BUSCH AND SABMILLER APPROACH A MERGER DEAL”
On May 2, 2005, The Boeing Company and the Lockheed Martin Corporation announced the incipient creation of a joint venture called United Launch Alliance (ULA).1 The joint venture was intended to provide more reliable launch services (the use of a rocket to place spacecraft into or beyond Earth orbit) to the US government, to “support …
Continue reading “How Was United Launch Alliance Not a Clayton Act Violation?”