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3.18.25
From Telegraphs to Telegram and Other Modern Telephony: Ephemeral Messaging in an Era of Scrutinized Document Preservation
In “From Telegraphs to Telegram and Other Modern Telephony: Ephemeral Messaging in an Era of Scrutinized Document Preservation,” an article recently published by the American Bar Association’s Global Private Litigation Committee newsletter, Wilson Sonsini partners Kenneth O’Rourke and Jindrich Kloub, and associates Paige Hammond and Michelle Zang, discuss that the duty to preserve evidence and the scope of that duty are often hot-button issues in antitrust investigations and litigation—particularly when it comes to electronic communications. The continuing development of new communication technologies which allow or enable the deletion of communications used by executives and other employees raises new preservation challenges and obligations. This article addresses recent developments regarding the duty to preserve in antitrust litigation and investigations in the United States, European Union, and United Kingdom.
Alerts
1.22.25
Navigating Pharmaceutical Patent Settlements and Reverse Payments: Key Takeaways from the FTC’s Latest MMA Reports
On January 16, 2025, the Federal Trade Commission (FTC) Bureau of Competition published four reports on pharmaceutical patent settlement agreements filed under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) for fiscal years 2018, 2019, 2020, and 2021. The last time the FTC published this type of report was in December 2020, covering fiscal year 2017.
Alerts
8.26.24
Man vs. Machine: DOJ Files Complaint Alleging Algorithmic Collusion
On August 23, 2024, the U.S. Department of Justice (DOJ) and eight states filed a complaint in federal court in North Carolina alleging that RealPage, a software analytics company, coordinated rental prices in the real estate market. According to the DOJ, RealPage did this by collecting nonpublic competitively sensitive pricing and other data from owners, using that data to determine a “recommended” market price through various algorithms, and then sending that “recommended” price back to owners that subscribed to certain software. The DOJ claims RealPage’s service harms the competitive process and ultimately renters in violation of the Sherman Act.
Alerts
2.21.24
DOJ and FTC “Signal” That Companies Cannot “Slack” on Preserving Ephemeral Messages
On January 26, 2024, the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) released a joint statement reinforcing document preservation obligations for companies and individuals that are the subject of government investigations and litigation, with an emphasis on the use of collaboration tools and ephemeral messaging platforms.
Alerts
5.23.22
FTC and DOJ Conclude Listening Forums on the Firsthand Effects of Mergers and Acquisitions
On May 12, 2022, the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) concluded their Listening Forums on Firsthand Effects of Mergers and Acquisitions, a collection of four virtual sessions that focused on competition in the food and agriculture, healthcare, media and entertainment, and technology industries, respectively. The stated purpose of the forums was to gain a wide breadth of perspectives and input from real-world market participants in advance of revising the merger guidelines. Accordingly, each session began with opening remarks from FTC Chair Lina Khan and DOJ Assistant Attorney General Jonathan Kanter, followed by scheduled speakers and concluding with an open forum for public comment.