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Articles + Publications September 3, 2025
On August 29, 2025, during a speech at Ohio State University Law School, Assistant Attorney General Gail Slater announced the creation of a “Comply With Care” task force within the Antitrust Division of the Department of Justice (DOJ), which will focus on enforcement actions against parties flouting disclosure obligations. The speech and task force are a continuation of the Antitrust Division’s recent lawsuits against companies for failing to make merger filings under the Hart-Scott-Rodino (HSR) Act or responding properly to investigations.
AAG Slater stated the DOJ’s commitment to counter those who “undermine sound antitrust enforcement for everyone,” specifically claiming that “a few actors—many of them at Big Law firms” have used “[t]actics designed to circumvent legal process and hinder our investigations.”
The speech highlighted alleged violations of the HSR Act, which are subject to a fine of up to $53,088 per day. The targeted practices include failing to make HSR filings and failing to submit relevant documents.
AAG Slater criticized other practices in investigations and pointed to court rulings finding that corporate defendants failed to preserve evidence and live up to discovery obligations. Specific objectionable practices include delay tactics, overuse of the attorney-client privilege, deficient privilege logs, and failure to preserve documents, including ephemeral messages. Her remarks took aim at practices aimed at hiding material information from investigators or courts, such as “systematic behavior that led to the destruction of relevant evidence,” particularly regarding the use of messaging apps due to the automatic deletion of messages within 24 hours and the failure of hold notices to prevent such deletions.
AAG Slater highlighted that privilege logs must not be abused and noted, for example, that simply listing “Legal Department” as the basis of privilege is not sufficient. Accordingly, “[p]rivilege abuses are grounds for enforcement actions and sanctions motions.” Examples included an enforcement action filed against a company for claiming a “blanket privilege” over an entire category of documents, and a company that instructed employees to add attorneys to communications and to “ask the lawyer a question” whenever they dealt with a sensitive issue, and to “avoid using certain ‘antitrust buzzwords’ in their communications.”
To combat these abuses, the Antitrust Division has established a “Comply With Care” task force targeting “problematic tactics from outside lawyers and law firms” that could distort the process and obfuscate the potential anticompetitive effects of transactions or conduct. The responsible Antitrust Division officials will focus on “abuses” by respondents in investigations “and take decisive action to address them.” The task force will likely issue guidance and continue to bring investigations and enforcement actions against companies viewed as not complying with their legal obligation to make filings or respond to process.
The importance of parties’ and counsels’ credibility before the agencies and the courts cannot be overstated. Although the substantial burden of any agency investigation, including the detailed privilege logs called for by Second Requests and other agency civil investigative demands, and the preservation obligations arising from the ever-evolving technologies and methods of communication, do not make compliance simple or easy, consultation with counsel well in advance of making required HSR filings and at the earliest stage of any internal or external investigation can assist with counterbalancing some of those burdens and mitigating the cost of litigating compliance or imposition of sanctions.
Firm News
Bridge the Gap 2026 – Fordham School of Law
January 17, 2026 | 9:55 AM – 11:10 AM ET
Virtual
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Leading the energy evolution.
Learn more
From compliance to the courtroom, we have you covered.
Learn more
Helping you focus on what matters – improving human health.
Learn more
Trusted advisors to leading insurers for 100+ years.
Learn more
Unlocking value in the middle market and beyond.
Learn more
Full-service legal advice from coast to coast.
Learn more
Applying radical applications of common sense
Explore More
Our standard-setting client experience program.
Explore more
Delivering life-changing help to those most in need.
Explore More
Our firm’s greatest asset is our people.
Explore More
Market-leading eDiscovery and data management services.
Explore more
The Pepper Center for Public Services
Explore more
Strategies helps businesses and individuals solve the complexities of dealing with the government at every level. Our team of specialists concentrate exclusively on government affairs, representing clients nationwide who need assistance with public policy, advocacy, and government relations strategies.
This unique program provides innovative and affordable opportunities to startups and early-stage emerging companies with a solid technology or scientific foundation. We help companies that have a quality management team in place and do not have other significant legal representation.
eMerge’s lawyers and technologists work together to deliver strategic end-to-end eDiscovery and data management solutions for litigation, investigations, due diligence, and compliance matters. We help clients discover the information necessary to resolve disputes, respond to investigations, conduct due diligence, and comply with legal requirements.
Stay ahead of the curve and in touch with our latest thinking on the issues that are top of mind across our practices and industry sectors.
Change happens fast in today’s turbulent world. Stay on top of the latest with our industry-specific channels.
Take a closer look at how we partner with clients to help them realize their goals.