Compliance Hot Spots: Judge Deals Blow to Big Tech's Push for Recusals + What Khan, Kanter Hope to Accomplish with Merger Review
A judge's ruling in the Facebook lawsuit signals the difficult challenge major technology companies and their lawyers face in forcing recusals of the Biden administration's antitrust enforcers.
January 19, 2022 at 04:28 PM
10 minute read
Compliance Hot Spots
Welcome to Compliance Hot Spots, our weekly snapshot on white-collar, regulatory and compliance news and trends. Today, we have an antitrust-themed edition of the newsletter focused on DOJ and FTC's merger guidelines review, and a judge's defense of FTC Chair Lina Khan's vote in the Facebook lawsuit. Please get in touch with tips and feedback. Contact me at [email protected] and @AGoudsward on Twitter.
Meta Headquarters along 1 Hacker Way in Menlo Park, CA. Photo: Marc Olivier Le Blanc Judge Deals Blow to Big Tech's Push for Recusals
U.S. District Judge James Boasberg, in his opinion allowing most of the Federal Trade Commission's antitrust claims against Facebook to proceed, also dealt a blow to the larger effort by Big Tech to force its biggest critics in the administration to recuse from investigations and litigation involving the tech giants.
Facebook, which recently changed its corporate name to Meta, alleged in its motion to dismiss that the FTC's 3-2 vote to refile its complaint—after Boasberg tossed the first one—was improper because Chair Lina Khan had shown "bias and prejudice" toward the company.
Facebook's lawyers at Kellogg, Hansen, Todd, Figel & Frederick also demanded the FTC consider its recusal petition against Khan on the merits, taking issue with the commission's stance that commissioners only had to be impartial when acting as administrative judges, not when filing civil challenges.
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- Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
- Paul, Weiss, Rifkind, Warton & Garrison
- Winston & Strawn LLP
- Hogan Lovells
- Wilson Sonsini Goodrich & Rosati
- Wilmer Cutler Pickering Hale and Dorr LLP
- Bryan Cave Leighton Paisner
- Davis Polk & Wardwell
- Dechert
- Cooley
- Holland & Hart LLP
- Duane Morris
- Boies Schiller Flexner
- Arent Fox
- Sidley Austin
- Quinn Emanuel Urquhart & Sullivan
- Simpson Thacher & Bartlett
- Covington & Burling
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