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Government Enjoined from Implementing Fair Pay and Safe Workplaces

Client Alert | 1 min read | 10.25.16

On October 24, a U.S. district court issued a preliminary injunction enjoining implementation of the Fair Pay and Safe Workplaces final rule, which had been scheduled to take effect today, October 25 (discussed here and here). The court held that the executive order, implementing regulations, and DOL guidance violated the First Amendment, contractors’ due process rights, and the Federal Arbitration Act and enjoined the government from (a) implementing any portion of the FAR rule or the DOL Guidance relating to the new reporting and disclosure requirements and (b) enforcing the new restriction on arbitration agreements, while permitting “paycheck transparency” requirements to proceed.

Insights

Client Alert | 4 min read | 07.02.25

FTC Orders Divestitures in Retail Fuel Outlet Deal and Signals a Return to More Standard Remedy Discussions

Merger consent orders are back at the FTC, and the FTC’s most recent action showcases how the current leadership is analyzing divestiture proposals. Last week, the FTC approved a proposed consent agreement in Alimentation Couche-Tard Inc.’s (ACT) acquisition of retail fuel outlets from Giant Eagle, Inc. that paired standard retail divestitures with a “prior notice” requirement that ACT notify the agency of future acquisitions in certain markets regardless of size. This FTC has signaled greater acceptance of remedies than the prior administration, and this most recent consent puts that on display, with Commissioner Meador providing merging parties guidance on designing effective remedies....