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Episode 469 — Nobody Is Above the Code: The Nvidia CEO Resignation and What Boards Should Learn

In this episode, Michael Volkov examines the November 12, 2026 resignation of Nvidia CEO Jensen Huang amid an independent board investigation into reports that he was the target of a foreign intelligence effort through a relationship with a Chinese businesswoman, separating what is known from what the investigation has yet to establish. He explains why a CEO’s personal conduct becomes a corporate security and governance...

Civil Antitrust 2026, Part 3: How to Prepare, and How to Avoid Becoming the Next Case

Parts 1 and 2 described the enforcement posture and the theories. This final part is the preparation list. The goal is to reduce three exposures at once: government civil enforcement, criminal exposure, and private lawsuits that follow either of them. These steps are practical judgments from the trends described, not legal advice for any particular company. Start with a Map, Not a Policy Most antitrust...

Civil Antitrust 2026, Part 2: The Theories Driving Cases, and Who Is Bringing Them

Part 1 covered how the federal agencies are resolving matters. This part covers what they and private plaintiffs are actually alleging, and who else is in the game. The through-line is that the most active civil theories do not require a smoke-filled room. They rest on shared data, contract terms, and market structure. 1. Information Exchange and Algorithmic Pricing This is the theory with the...

Episode 468 — Settle Early, Litigate When Necessary: What Companies Should Prepare For in Civil Antitrust

In this episode, Michael Volkov examines the latest trends in civil antitrust enforcement and litigation and what companies should do now to reduce the risk of government action and private lawsuits. He covers the Antitrust Division’s October 2026 message that it prefers early, negotiated remedies but will litigate (illustrated by the abandoned TransDigm–Stellant deal), the focus on household-cost sectors such as healthcare, housing, and food,...

Are Your Patient Price Estimates Truly Transparent?

Posting your prices isn’t the same as telling patients the truth about them. On October 5th of this year, the FTC sent warning letters to 24 of the nation’s largest healthcare services companies, reminding them that patients are entitled to timely, accurate, and complete pricing, especially for scheduled non-emergency care. Failing to provide it can be an unfair or deceptive practice under the FTC Act....

Civil Antitrust 2026, Part 1: Settle Early, Litigate When Necessary

Criminal antitrust is the easy part to explain: someone agreed to fix prices or rig bids, and the question is whether the government can prove it. Civil enforcement is harder. The theories are broader, the remedies are negotiated, and the line between a lawful business practice and a violation turns on market facts. This three-part series covers where civil enforcement and litigation are heading and...

Episode 467: Fewer Fines, More Prison: Criminal Antitrust Trends and Compliance Reminders

In this episode, Michael Volkov reviews six trends in criminal antitrust enforcement in 2026 and ten compliance reminders that follow from them. Drawing on the Antitrust Division’s statistics, budget submission, and recent speeches by its criminal enforcement chief, he explains that criminal cases filed have rebounded from 9 in fiscal 2023 to 27 in 2025, that prison sentences more than doubled while corporate fines collapsed,...

Are You Governing Both Sides of AI?

Most companies have AI in two different rooms. Innovation buys the tools. Compliance writes the policy. Nobody connects it. Here’s the core idea. There are two tracks in one program. Track one: use AI to strengthen compliance in screening, monitoring, third-party diligence, hotline triage, and investigations. Track two: govern the risk AI creates, from shadow AI and data leakage to unverified output, bias, and deliberate...

Criminal Antitrust Enforcement in 2026, Part 2: Compliance Reminders

Part 1 described the trends: more individuals charged, public money at the center, proactive investigations, and two competing races to the Division’s door. This post turns those trends into reminders for compliance programs. None is new; what has changed is how costly it is to forget them. Reminder 1: The Rule Has Not Changed Price fixing, bid rigging, market allocation, and output restriction are per...

Criminal Antitrust Enforcement in 2026, Part 1: Six Trends Shaping the Docket

Criminal antitrust used to mean international cartels, nine-figure corporate fines, and a handful of executives. The 2026 docket looks different. It is broader in industries, heavier on individuals, more proactive in its investigative methods, and increasingly built around public money. This first post identifies six trends, drawing on the Antitrust Division’s published statistics, its FY 2027 budget submission, recent speeches by Criminal Enforcement chief Daniel...