FEDERAL REGULATORY READING LIST: Resources for New Employment and Workplace Agency Leaders

*Note: This is the first in a planned series of  posts compiling Washington Legal Foundation papers, briefs, regulatory comments, and blog commentaries relevant to critical legal and constitutional issues facing new senior leaders at specific federal regulatory agencies.

For the past eight years, employers have faced a dizzying array of new employment and workplace-safety regulations, guidance documents, and enforcement policies from the Department of Labor (DOL), the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and the National Labor Relations Board (NLRB). Some of those new rules and directives departed dramatically from decades-old agency policies and practices.

Through its public-interest litigating, publishing, and communications capabilities, WLF influenced debates over those agencies’ policies and actions with timely papers and blog commentaries, and weighed in directly through regulatory comments and amicus briefs.  Those activities have resulted in an impressive body of reference materials that are instructive for new leadership in those agencies.  We provide a summary of and links to those documents below to simplify access to relevant work product from WLF in each of those areas. Continue reading “FEDERAL REGULATORY READING LIST: Resources for New Employment and Workplace Agency Leaders”

Will Antitrust Class Action Involving Digital Store Dismantle ‘Illinois Brick’ Rule on Indirect Purchasers?

Antitrust & Competition — U.S. Department of Justice

swisherAnthony W. Swisher, a Partner in the Washington, DC office of Squire Patton Boggs (US) LLP, with Jody Boudreault, a Senior Associate with the firm.

In a departure from well-settled case law, the US Court of Appeals for the Ninth Circuit recently handed down a decision that may undermine the longstanding Illinois Brick doctrine. The policy implications of the decision bear further watching, as courts grapple with the rationale underlying the doctrine in an ever-evolving technological landscape.

The Illinois Brick doctrine has long been a tool to limit attenuated antitrust lawsuits, and ensure that those directly harmed by an antitrust violation are the ones who can recover damages caused by the violation. Simply put, the doctrine—so-called because it flows from the Supreme Court’s holding in Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977)—holds that the only parties who may recover damages for an antitrust violation are those who purchased directly from the offending firm. Indirect purchasers—i.e., the customers of the direct purchasers—are barred from recovery. Continue reading “Will Antitrust Class Action Involving Digital Store Dismantle ‘Illinois Brick’ Rule on Indirect Purchasers?”