Myth-Busting is Still Alive: FAR Council Encourages Industry/Government Communications
Client Alert | 1 min read | 12.02.16
To implement section 887 of the FY 2016 National Defense Authorization Act, the FAR Council, on November 29, proposed a rule to amend FAR 1.102-2 by adding language to clarify that the government may, and is encouraged to, communicate with industry as part of market research, if such exchanges comport with existing law and regulations and do not further an unfair competitive advantage. Continuing the conversation that the 2011 and 2012 Office of Federal Procurement Policy Myth-Busting memoranda commenced, the Council also requested suggestions about ways to “further enhance open communication between industry and the Federal acquisition community[,]” as well as information responding to specific questions – responses to which are due on or before January 30, 2017 (the same due date for submitting comments on the proposed rule).
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Client Alert | 8 min read | 09.09.25
On September 5, 2025, the Federal Trade Commission (“FTC”) withdrew its appeals of decisions issued by Texas and Florida federal district courts, which enjoined the FTC from enforcing a nationwide rule banning almost all noncompete employment agreements. Companies, however, should not read this decision to mean that their noncompete agreements will no longer be subjected to antitrust scrutiny by federal enforcers. In a statement joined by Commissioner Melissa Holyoak, Chairman Andrew Ferguson stressed that the FTC “will continue to enforce the antitrust laws aggressively against noncompete agreements” and warned that “firms in industries plagued by thickets of noncompete agreements will receive [in the coming days] warning letters from me, urging them to consider abandoning those agreements as the Commission prepares investigations and enforcement actions.”
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California’s Climate Disclosure Laws Continue to Roll Forward
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RADV Audits: Implications and Recommendations for Medicare Advantage Organizations
