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Focus on Regulation

Tag Archives: Department of Justice

Beyond Bathrooms: New Guidance Regarding Transgender Students Addresses FERPA Requirements

The U.S. Department of Education and Department of Justice recently weighed in on the obligations of school districts, colleges, and universities to provide civil rights protections for transgender students. On May 13, 2016, the Departments issued a Dear Colleague Letter that summarizes the responsibilities of school districts, colleges, and universities that receive federal financial assistance under the Departments’ interpretation of federal law, including Title IX of the Education Amendments of 1972 and the Family Education Rights and Privacy Act. Here, we focus on the DCL’s guidance pertinent to compliance with FERPA.

NSF and NASA Remind Grantee Institutions to Comply with Title IX

On January 25, the National Science Foundation issued a statement to remind the 2,000 colleges, universities, and other institutions that receive NSF funding that NSF requires its awardees to comply with Title IX of the Education Amendments Act of 1972, which prohibits educational funding recipients from engaging in sex discrimination, including sexual harassment and gender violence.

NSF’s statement, which follows multiple recent reports of sexual harassment in the science community, “reiterates [NSF’s] unwavering dedication to inclusive workplaces. NSF does not tolerate sexual harassment and encourages members of the scientific community who experience such harassment to report such behavior immediately.” NSF also encouraged NSF-funded researchers and students to “hold colleagues accountable to the standards and conditions set forth in Title IX, and to inform their institutions of violations.” NSF directs people who experience or witness harassment to contact their Title IX Coordinator or NSF’s Office of Diversity and Inclusion.

Justice Department Settles Fair Housing Act Lawsuit Alleging Discrimination in On-Campus Housing

The U.S. Department of Justice announced on January 4 that Kent State University (KSU) has agreed to pay $145,000 to settle a lawsuit alleging that KSU had a policy that prevented students with psychological disabilities from keeping emotional support animals in university-operated student housing.  This settlement follows a decision by the United States District Court

Merger, They Wrote: FTC Issues Merger Investigation Survival Guide

The Federal Trade Commission’s Bureau of Competition (FTC or Bureau) recently released a revised set of best practices for merger investigations. Despite the many similarities with previous guidance from the FTC and the Department of Justice (DOJ), these new best practices reemphasize several strategic and effective ways for parties to avoid a request for additional

The Sixth Circuit in United Technologies Corp. Requires Government to Prove Actual Loss for False Claims Act Damages

The Department of Justice and qui tam relators were dealt another blow regarding how damages are calculated in False Claims Act (FCA) cases. In an FCA case involving allegations of defective pricing, the U.S. Court of Appeals for the Sixth Circuit in United States v. United Technologies Corporation overturned the lower court’s award of $657

DOJ Continues to Focus on FRAND Negotiations

Citing a recent spike in litigation over fair, reasonable, and non-discriminatory patent royalties as evidence that the current system is “not working very well,” a senior U.S. Department of Justice (DOJ) official on Tuesday said that there need to be clearer rules for setting FRAND rates. According to Renata Hesse, the Deputy Assistant Attorney General for Criminal

U.S. Department of Justice’s Antitrust Division announces criminal penalties from cartel prosecutions

Last week, the U.S. Department of Justice’s Antitrust Division announced that criminal penalties from cartel prosecutions in fiscal year 2014 (ending September 30) reached $1.861 billion. This was, by far, the largest ever annual total for the Division. In addition, the Antitrust Division obtained jail terms for 21 individual defendants, with an average sentence of 26 months,

DOJ and FTC Clarify Antitrust Implications of Cybersecurity Information Sharing

On April 10, 2014, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) issued a joint policy statement on the antitrust implications of sharing cybersecurity information to help facilitate the flow of cyberintelligence throughout the private sector. The statement addresses the long-standing concern that sharing cyberintelligence may violate antitrust law under certain circumstances and

Judge Rules Non-Reportable, Consummated Merger Violates U.S. Antitrust Law

One year since the filing of the lawsuit, and 18 months since the merger closed, a U.S. federal judge declared on 8 January 2014 that Bazaarvoice violated Section 7 of the Clayton Act by acquiring its main rival, PowerReviews. The U.S. Department of Justice (DOJ) challenged the US$168 million deal even though PowerReviews was too

DOJ and FTC Consider NPE Antitrust Issues

Over the last decade, the patent landscape has been dramatically altered by the rise of entities whose business model is to acquire significant patent portfolios and aggressively pursue license fees from businesses selling products that may infringe on some of those patents.  Such companies are known as “non-practicing entities” (NPEs) or “patent assertion entities” (or,