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Marc Antonetti, Ann O'Brien and Daniel Kaufman Author Law360 Article

News / August 19, 2022

On August 19, 2022, an article by Partners Marc Antonetti, Ann O’Brien and Daniel Kaufman, titled “Prepare For NLRB Collaboration With Antitrust Agencies,” was published in Law360. The authors write that new NLRB memorandums of understanding (MOUs) with the FTC and the Department of Justice Antitrust Division may expedite the existing process by which federal agencies already collaborate. One example: “Since the (DOJ) Antitrust Division has criminal prosecutorial authority under the Sherman Antitrust Act, this cooperation and referral process may significantly raise criminal risks for those under investigation by the NLRB.” Further, they write, “having a clean bill of health becomes more important in the realm of mergers and acquisitions”; labor unions are often very interested in how such transactions will affect their collective bargaining relationships. “We may see a rise in labor activity preceding corporate transactions,” they write.

Read the article.