The stay pauses litigation over the 2025 HSR form while the FTC and DOJ consider revisions.
By Kyra K. Bromley, Patrick C. English, and Peter M. Todaro
On May 26, 2026, the Fifth Circuit granted the US government’s unopposed motion to stay proceedings in Chamber of Commerce v. FTC (No. 26-40094) through December 31, 2026. The stay pauses litigation over the HSR form that took effect in February 2025 and significantly expanded premerger notification requirements. During the stay
The ruling impacts those with HSR filings expected to be submitted on or after March 19, 2026.
By Kyra K. Bromley, Patrick C. English, and Peter M. Todaro
The Fifth Circuit has denied the FTC’s motion for a stay pending appeal in Chamber of Commerce v. FTC (No. 26-40094). As a result, while the appeal proceeds, the “old” HSR form (in place prior to February 10, 2025) is in effect. The FTC confirmed that the district court’s
On November 20, 2025, Latham lawyers discussed compliance with anti-discrimination laws and potential enforcement risks.
By Danielle Conley, Jenna B. Cooper, Anne W. Robinson, and Jude Volek
As part of the evolving legal landscape under the Trump administration, the federal government is leveraging the False Claims Act (FCA) to target efforts related to diversity, equity, and inclusion (DEI) and other practices that allegedly implicate federal anti-discrimination laws. This approach could significantly impact private and publicly traded companies
Regulators are directed to avoid reputation risk, identify banks that have engaged in unlawful debanking, and take appropriate remedial actions.
By Marc P. Berger, Betty M. Huber, Arthur S. Long, Benjamin Naftalis, Parag Patel, Stephen P. Wink, Douglas K. Yatter, Pia Naib, and Deric Behar
On August 7, 2025, President Trump issued an executive order titled “Guaranteeing Fair Banking for All Americans” (the Order). The Order, described further in an accompanying fact
The guidance reflects a key step in the administration’s broader strategy to root out DEI efforts in the private sector.
By Danielle Conley, Danielle J. McCall, Anne W. Robinson, Jude Volek, Rhea Marie Fernandes, and Catherine J. Yao
On July 29, 2025, US Attorney General Pam Bondi issued a memorandum that provides guidance for recipients of federal funding regarding “unlawful discrimination” on the basis of race, color, national origin, sex, religion, or other protected characteristics