An Evidentiary Cornerstone of the FTC’s Antitrust Case Against Qualcomm May Have Rested on Manipulated Data

Geoffrey Manne

The abbreviated trial in the FTC’s case against Qualcomm saw the presentation by Qualcomm of some damning evidence that, if accurate, seriously calls into (further) question the merits of the FTC’s case.

Antitrust is Hot Again – A Conversation on Populist, Hipster, and More Antitrust Policy Monikers

William Rinehart

In March, the Pepperdine Law Review cohosted a symposium with the Regulatory Transparency Project on “Regulating Tech: Present Challenges and Possible Solutions”. Babette Bullock, Chief Economist for the FCC, began her panel by observing that antitrust is a hot topic again, appearing under several names such as populist, hipster, or EU style antitrust policy. Will Rinehart started his remarks with an accessible overview of the subject, and we have transcribed his comments to share them with you.

Over-regulation is Killing Medical Innovation – But it’s Not the Agency You Think

Kristen Osenga

While the FDA’s regulatory scheme may have some room for improvement, it is not the agency that is currently wreaking the most havoc on the pharmaceutical industry.  Instead, it is the FTC that is interfering with medical innovation.

Moving the (Over-Regulated) Music Industry into Modern Times

Kristen Osenga

Music – whether it is pop, rock, country, rap, hip-hop, or any other genre – forms a large part of the human experience.  Music is nearly always present in movies, public places, and often our personal vehicles; we can access music through a variety of services and on numerous types of devices.

Defining the “Waters of the United States”

Daren Bakst

To help provide important information and analysis on this proposed rule, the Federalist Society hosted a teleforum entitled “Analyzing the New Proposed Rule Defining ‘Waters of the United States.”

DOL Issues Proposed Rule on Joint Employment

Tammy McCutchen

After over two years of regulatory inactivity, the DOL’s Wage and Hour Division appears to be rushing to complete its regulatory agenda before the 2020 presidential election season.

Department of Labor Proposes to Increase Minimum Salary for “White Collar” Overtime Exemptions

Tammy McCutchen

On March 7, 2019, the Wage and Hour Division of the U.S. Department of Labor, through its Acting Administrator Keith Sonderling, published the long-awaited Notice of Proposed Rulemaking (NPRM) to revise the “white collar” overtime exemption regulations.

DOL Releases a Proposed Rule to Clarify the Types of Compensation in the Overtime Calculation

Tammy McCutchen

On March 28, 2019, the U.S. Department of Labor (DOL) released a proposed rule to amend the regulations at 29 CFR Part 778 to clarify and update the “regular rate” requirements under section 7(e) of the Fair Labor Standards Act (FLSA), 29 USC §207(e), focusing on the types of compensation and benefits that employers must include in the overtime calculation.

Qualcomm’s Donald Rosenberg on Regulation and Innovation

Donald J. Rosenberg delivered an address last month at the Pepperdine Law Review‘s Symposium, speaking on patent law and the dangers of regulatory capture in the emerging tech sector.

The Regulatory Thicket Hurts the Most Vulnerable

Yesim Sayin Taylor

For years, the District of Columbia’s main regulatory agency, the Department of Consumer and Regulatory Affairs have resisted reform. D.C. residents will argue about anything, but they are unified in their frustration with this agency: builders complain that permitting takes too long and code inspections are too arbitrary; building tenants complain code violations go unenforced; businesses complain there is too much paperwork required to get up and running; policy experts worry professional licensing disproportionately harms lower-income professionals. The agency’s operations remain stuck in the past, and no administration has managed to significantly reform it.