Articles

DoorDash and Instacart: Market Definition Will Decide the FTC Review

On October 29, 2026, DoorDash, Inc. (“DoorDash”) announced a deal to buy Maplebear Inc., which does business as Instacart (“Instacart”), for about $17 billion. These two companies held merger talks in 2021 that reportedly ended over antitrust issues. This time a long antitrust review is expected, as closing is not expected until late 2027 or […]

The Synergy Trap: Set the Walk-Away Price Before the Bidding Starts

In a competitive sale, the winning bid can hand the seller all the value the deal was supposed to create. Boards should fix their maximum price before bidding begins. Every board that has approved an acquisition has heard the case for stretching on price; the target is scarce, a rival is bidding, and the synergies […]

BROKER LIABILITY AFTER MONTGOMERY V. CARIBE: NAVIGATING STATE’S “SAFETY REGULATORY AUTHORITY”

BROKER LIABILITY AFTER MONTGOMERY V. CARIBE: NAVIGATING STATE’S “SAFETY REGULATORY AUTHORITY” By Hannah F. Atkinson Individuals may pursue negligent hiring claims against brokers when a truck driver causes injury, a unanimous Supreme Court (the “Court”) recognized last week in Montgomery v. Caribe Trans. II, LLC. There, the plaintiff sued C.H. Robinson Worldwide, Inc., a freight […]

Professional Boards, Take Heed

MedPage Today Article

GKG Law’s Steve Fellman and Rich Bar were published by MedPage Today on October 24. Their article, “Professional Boards Take Heed,” can be seen in its entirety here and below. Op-Ed: Professional Boards, Take Heed Minimizing antitrust risks in light of recent rulings While 2020 has been fraught with uncertainty, at least one thing is quite […]

New Legal Support for Continuing Education Requirements in Certification Programs

ASAE Article

GKG Law Of Counsel Steve Fellman and Principal Rich Bar authored an article published by the American Society of Association Executives (ASAE) on October 20. See complete article here and below. Is it a violation of antitrust law for a certification board to require approved continuing education for professionals who wish to maintain their certification? A federal […]

STB: Effects of Board Expansion & Change

Atlantic Northeast Rails & Ports Article

SURFACE TRANSPORTATION BOARD RISING TO FULL STRENGTH JUST AS BEGEMAN'S TERM CLOSES AND THE POLITICAL SEAS (POTENTIALLY) CHANGE. The United States Surface Transportation Board (STB) is on the verge of a significant transition. Coming changes are in the Board’s composition and the possible effects on its regulatory process. Rail transportation professionals should consider ways in […]

Recommended Practices for Avoiding Discrimination in Hiring and Termination Decisions

ASAE Article

GKG Law Principal Katie Meyer authored an article published by the American Society of Association Executives (ASAE) on September 24. See complete article here and below. Association HR staff should review policies and practices around hiring and termination to reduce the likelihood that implicit bias is influencing their process and leaving their staff less diverse. […]

SmileDirect Decision Reveals Antitrust Risk For State Boards

Law360 Article

The new normal developed in response to the coronavirus pandemic has radically changed the way that professional services are provided to consumers. For many professions, working remotely rather than in an office setting has become pervasive. Virtual physical exams have become commonplace in health care. Virtual education is the norm for students from preschool through […]

Changes Coming to the U.S. Surface Transportation Board

NCTA Article

GKG Law Principal Tom Wilcox authored an article that published in the National Coal Transportation Association's September 10 On Track newsletter. Tom's article, "Changes Coming to the U.S. Surface Transportation Board" can be seen here and below. The United States Surface Transportation Board (STB) has had a very interesting tenure over the past two years, […]

Is an EIDL Right for Your Business?

Bloomberg Law Article

The Small Business Administration’s management of the Economic Injury Disaster Loan (EIDL) Program under the CARES Act has had several issues. Katharine Meyer, a principal at GKG Law, examines the pros and cons of obtaining an EIDL, including the potential burdens of the collateral requirements and maintaining hazard insurance on that collateral.   The Payroll […]

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