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WHAT WE'RE WATCHING

DEALBREAKERS - The Biden administration has so far not been as aggressive as expected on general white-collar enforcement—emphasis on the "so far"—but when it comes to antitrust issues, the feds have come out swinging. The FTC repealed its M&A guidelines this summer, signaling its intentions to step up enforcement. Meanwhile, the president's picks for key antitrust posts at the FTC and the DOJ are also vocal critics of Silicon Valley's business practices. As Law.com's Nate Robson writes in this week's Law.com Barometer newsletter, lawyers are advising clients that M&A work should expect enhanced scrutiny going forward, and that deals already approved could still get caught in the administration's crosshairs. "There is an expectation that the Biden administration will be more confident moving forward once key nominees are confirmed, especially if it continues to notch wins and there is bipartisan support," Robson writes, pointing to the recent collapse of the Aon-Willis Towers Watson deal as the administration's first major antitrust win. What's more, this week's blockbuster testimony from Facebook whistleblower Frances Haugen before the Senate consumer protection subcommittee has already fueled renewed calls for privacy and competition laws targeting online platforms, and some lawmakers are pushing for stronger antitrust laws. To receive the Law.com Barometer directly to your inbox each week, click here.

INTERVIEW WITH THE ESQUIRE - The pandemic has posed a unique challenge for law firms looking to build their books of business and strengthen their corporate cultures: how do you build connections while everyone is literally in isolation? Recognizing how media consumption habits have changed over the past year-and-a-half, several firms, including Milbank, Hogan Lovells and Patterson Belknap Webb & Tyler, have turned to podcasting to reach new and younger audiences. And, as Law.com's Dylan Jackson reports, each has put their own spin on the medium. Milbank's podcast, for example, "Law, Policy & Markets: Milbank Conversations," created by Los Angeles partner Allan Marks, covers an eclectic set of topics, from an airline restructuring in the middle of the pandemic to a piano concert with fellow attorney Alex Romain. Hogan Lovells' podcast, "Proof in Trial," goes in a different direction, taking listeners through a series of high-profile trials: a wrongful conviction verdict, a politician facing heat, a merger in peril. Milbank Los Angeles partner Allan Marks, who created his firm's podcast, told Jackson it's been a surprisingly effective tool for engaging talent. "What I did not expect is that it resonated quite a bit with our associates and with potential new hires—lateral partners and associates—and law students," Marks said.

BILKING BIKERS? - Conduent, a provider of business process services, MTA Bridges and Tunnels and New York E-Z Pass Service Center were hit with a toll collection class action Thursday in New Jersey District Court. The suit was brought by Sauder Schelkopf LLC and the Miller Law Firm on behalf of motorcyclists who use E-Z Pass transponders to pay toll. The complaint contends that the defendants overcharge motorcyclists and deny them due process when they attempt to dispute such charges. Counsel have not yet appeared for the defendants. The case is 2:21-cv-18238, Antonelli v. Conduent Inc. et al. Stay up on the latest deals and litigation with the new Law.com Radar.  

EDITOR'S PICKS

• Justices Soon Will Face Hard Questions, More Controversy, When Texas Abortion Ban Returns By Marcia Coyle

• Stakeholders Should Not Miss Congress's Invitation for Feedback on Patent Eligibility By Siraj Husain

• Pandora Papers Revelations Raise Specter of Reputational Risk for Baker McKenzie By Dan Packel

• 3 Judges, 1 Mask: Image From Appellate Court Highlights Disparities Over Face Coverings By Cedra Mayfield

• How I Made Partner: 'I Took a Longer and Less Straightforward Path to Partnership,' Says Esther Chang of Mayer Brown By Tasha Norman

WHILE YOU WERE SLEEPING

AFRICA AMBITIONS -  Clifford Chance's regional managing partner for Africa, Anthony Giustini, is part of a growing chorus of international law firm leaders touting the continent as vital to their clients' and, by extension, their firms' strategic initiatives. "There is more interest in Africa now than ever," Giustini told Law.com International's Jennigay Coetzer. "More and more of our clients are seeing Africa, not just as part of their strategy, but as an essential part of that strategy." Earlier in 2021, Dentons' chairman Joe Andrew described how his firm's "ability to get the largest projects in the U.S., or U.K." depends often on "how we have distinguished ourselves in Africa." With its growing population and emerging middle class clients see Africa as "a market that is untouched," he said. Giustini agreed, though he cautioned that the decision to enter the market is not one that should be taken lightly. "The opportunities in Africa are fantastic, provided you are prepared to deal with the risks, and we are following our clients to protect them against those risks," he said.

WHAT YOU SAID

"I wish I kind of trusted the universe a bit more and just realized I was going to end up where I was supposed to be."