A Firm Warning on Fair Play in Antitrust Enforcement
In a strong message delivered at a Federalist Society event in Columbus, Ohio, Assistant Attorney General Gail Slater, newly appointed head of the DOJ’s Antitrust Division, sharply criticized certain Big Law firms for using obstructionist and deceptive tactics during antitrust litigation. She spotlighted recent court reprimands of Google and Apple for hiding or destroying evidence, labeling those incidents as merely “the tip of the iceberg.”
Accountability on the Horizon: The “Comply with Care” Initiative
To address these troubling practices, Slater announced the launch of a new internal task force dubbed “comply with care.“ Borrowing from Google’s “communicate with care” policy—which enabled the misuse of attorney-client privilege to withhold documents—this initiative aims to penalize and curb such misconduct. Slater made it clear: litigation fairness will be enforced, and violators will face the full weight of legal consequences.
Highlighting Internal DOJ Tensions
Slater’s remarks come after a shake-up within the DOJ. She pushed back against directives to settle a major antitrust case involving Hewlett Packard Enterprise’s $14 billion acquisition of Juniper Networks. Following her resistance, two deputies were fired—one being Roger Alford, who has since accused DOJ leadership of yielding to politically connected lobbyists. The episode has prompted calls from lawmakers for a judicial review.
What This Means for Legal Reform and Enforcement
This speech underscores Slater’s commitment to strengthening legal integrity in antitrust enforcement. Her stance signals a clear division from past approaches—prioritizing transparency and accountability, while resisting both internal and external pressures that could dilute fair legal outcomes.
Viewpoint
Gail Slater is drawing a firm line in the sand: No more gamesmanship in court. For law firms and litigators alike, this signals a pivotal moment. It’s time to align with the evolving ethos of legal rigor and accountability—or face the consequences.
Stay with JDJournal for in-depth breakdowns of the “comply with care” initiative and what it means for Big Law’s evolving role in antitrust matters.
