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Joint DOJ-FTC Memorandum Puts Defense M&A Deals in the Crosshairs

Client Alert | 1 min read | 04.14.16

On April 12, DOJ and FTC issued a joint statement, “Preserving Competition in the Defense Industry,” which reiterates the analytical framework for reviewing defense industry mergers and acquisitions set forth in the DOJ/FTC 2010 Horizontal Merger Guidelines and emphasizes that the antitrust agencies will continue to give substantial weight to DOD’s own assessment of such transactions – highlighting the need for companies in the defense industry to adopt a coordinated strategy when pursuing strategic transactions. According to the accompanying press release, the agencies “thought it timely to reinforce [the] message” that they remain “committed to preserving competition for current and future defense procurement ... [i]n light of recent speculation about possible future consolidation,” an indication to companies considering defense industry M&As that the cognizant oversight agencies are likely to remain active in reviewing such transactions.

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Client Alert | 3 min read | 11.13.26

Massachusetts Trade Secret Preliminary Injunctions: Prove the Harm, Tailor the Relief

A strong trade secret claim is not a substitute for proof of irreparable harm. In Daikin Applied Americas Inc. v. Russo, No. SJC-13881 (Mass. Oct. 14, 2026), the Massachusetts Supreme Judicial Court held that likely success on a misappropriation claim does not create a presumption of irreparable harm. The court grounded its ruling in both the Massachusetts Uniform Trade Secrets Act and the traditional equitable principles the statute incorporates. It required a case-specific showing that the requested relief would prevent harm that a final judgment could not adequately remedy. ...

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