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Competition
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June 27, 2024
Interest Groups Want To Join 6th Circ. Net Neutrality Appeals
The Sixth Circuit should allow several public interest groups to intervene in the bundle of net neutrality challenges currently before the appellate court, in case there's an administration change and the FCC switches positions on the matter, those groups are arguing.
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June 27, 2024
BofA, JPMorgan, Others To Pay $46M To End Rate-Swaps Suit
Several major U.S. and European banks, including Bank of America, JPMorgan Chase & Co. and Deutsche Bank AG, reached a $46 million deal on Thursday to resolve a long-running multidistrict litigation over an alleged plot by the banks to limit market competition over interest rate swaps.
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June 27, 2024
Warner Bros. Sued Over Presidential Debate Streaming Rights
Warner Bros. Discovery is facing a suit by a YouTuber in California federal court claiming it has refused to offer social media creators streaming and commentary rights for the presidential debate.
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June 27, 2024
FCC's Unlocked Phone Regs Could Affect Existing Contracts
A Federal Communications Commission plan to require the "unlocking" of cellphones so consumers can easily switch providers could impose rules on existing mobile contracts, but the FCC said Thursday that it might apply only to future agreements.
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June 27, 2024
Live Nation Tries To Push DOJ's Antitrust Suit Out Of NY
Counsel for Live Nation Entertainment and subsidiary Ticketmaster on Thursday told a skeptical Manhattan federal judge that the U.S. Department of Justice's antitrust case belongs in D.C. federal court, where the green light was given for the companies' 2010 merger.
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June 27, 2024
Colo. AG's Kroger Merger Suit Survives Dismissal Bid
A Colorado state judge has refused to toss a suit challenging Kroger's planned $24 billion purchase of Albertsons, rejecting the grocery chains' arguments that state enforcers are asking for an overly broad, nationwide injunction by seeking to block the deal.
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June 27, 2024
Google Rips Rumble's 'Fishing Expedition' For DOJ Trial Docs
Google urged a California magistrate judge Thursday to reject video-sharing site Rumble's demands for depositions and trial exhibits from the U.S. Justice Department's antitrust bench trial against Google in Washington, D.C., arguing that the requests are irrelevant to Rumble's antitrust claims and an unfounded "post-hoc fishing expedition."
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June 27, 2024
11th Circ. Won't Revive Robinhood Investors' Meme Stock Suit
The Eleventh Circuit has affirmed a lower court's dismissal of an investor antitrust suit against Robinhood Markets and Citadel Securities, holding that the investors failed to allege any plausible anti-competitive effects that occurred as a result of the platforms allegedly conspiring to restrict trades of "meme" stocks like GameStop in 2021.
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June 27, 2024
EU High Court Upends Servier Decrease Of Pay-For-Delay Fine
French pharmaceutical giant Servier is back on the hook for all but €2.4 million ($2.57 million) of a more than €300 million European Union antitrust fine after the European Court of Justice upended a lower court decision that had reduced the penalty by over €100 million.
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June 27, 2024
DOL Says It Put Salary Levels In OT Carveout Since 1938
The U.S. Department of Labor told a Texas federal court it included a minimum salary aspect in executive, administrative or professional rules since the Fair Labor Standards Act's inception, arguing a marketing firm doesn't have the basis to halt a final overtime rule.
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June 27, 2024
Judge OKs $10M Deal In Generic Price-Fixing MDL
Heritage Pharmaceuticals has secured a Pennsylvania federal court's blessing on the second $10 million deal it has inked this year in hopes of extricating itself from multidistrict litigation accusing the generic-drug maker of working with others to hike up the cost of off-brand drugs.
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June 27, 2024
Deals Rumor Mill: Boeing, Blackstone, Bosch
Boeing offers $4 billion for parts maker Spirit AeroSystems, Blackstone could sell Legence at up to $5 billion value, and Bosch mulls a bid for Whirlpool. Here, Law360 breaks down the notable deal rumors from the past week.
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June 27, 2024
NFL Hit With $4.7B Verdict In Sunday Ticket Antitrust Trial
A California federal jury handed the National Football League and its teams a stunning courtroom defeat Thursday by awarding two classes of DirecTV Sunday Ticket subscribers about $4.7 billion in total damages in an antitrust trial over claims they illegally pumped up the price of the sports broadcast package.
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June 27, 2024
Boeing Settles Suit Claiming NC Fund Ransomed Plane Parts
The Boeing Co. and the private investment firm it accused of forcing a new supply contract under false pretenses before raising prices for aircraft parts by more than 300% have agreed to settle their dispute, according to a new notice filed in North Carolina federal court.
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June 27, 2024
US Soccer, MLS Want Review Of NASL Antitrust Case Order
Major League Soccer and the sport's U.S. governing body are asking a New York federal court to clarify a decision that leaves them on the hook for the North American Soccer League's antitrust lawsuit, saying the order ignores their request for summary judgment on conspiracy allegations.
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June 27, 2024
Nokia To Sell Submarine Network To France In $375M Deal
Skadden-led Nokia said Thursday it has agreed to sell submarine network business Alcatel Submarine Networks, or ASN, to the French state at an enterprise value of €350 million ($375 million).
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June 27, 2024
Amazon Hit With Fresh £2.7B Class Action By Online Sellers
Amazon was hit Thursday with a £2.7 billion ($3.4 billion) class action claim in London for allegedly abusing its dominant position in the supply of e-commerce marketplace services and discriminating against more than 200,000 U.K. sellers on its platform.
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June 26, 2024
NFL Sunday Ticket Trial Goes To Jury With $21B At Stake
Counsel for the NFL and DirecTV Sunday Ticket subscribers suing the league for billions of dollars made their closing arguments Wednesday in a California federal jury trial, with the customers' attorney saying the NFL didn't play fair and violated antitrust laws, while the league's lawyer said no conspiracy or illegal monopoly exists.
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June 26, 2024
Biotech Co. Allowed To Appeal Red Cross Antitrust Immunity
The American Red Cross' immunity from antitrust allegations that it smothered competition for testing platelets for bacteria is back in play after a Massachusetts federal judge agreed Wednesday to let the biotech company suing the blood donation giant ask the First Circuit to revive its claims.
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June 26, 2024
Pilgrim's Pride Settles Grower Pay Antitrust Case
An Oklahoma federal judge hit the brakes Wednesday on a lawsuit seeking nearly $3 billion in damages from Pilgrim's Pride Corp. over claims it conspired with other chicken producers to suppress farmer compensation after the sides reached a settlement.
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June 26, 2024
EU Court Tosses Spanish Shipping Cos. State Aid Appeal
A European court on Wednesday once again dismissed a 2014 challenge to the European Commission's move to block a Spanish tax scheme benefiting Spanish shipbuilders and their suppliers.
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June 26, 2024
Ex-Ticketmaster Exec Pleads Guilty In Hacking Case
A former director of client relations at Ticketmaster pled guilty Wednesday to taking part in a scheme to hack into a rival company's computer system in an attempt to gain a competitive advantage.
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June 26, 2024
Apple Watch Improvement Is 'Inferior,' Docs Tell 9th Circ.
Four cardiac specialists backed medical monitoring startup AliveCor against Apple in a Ninth Circuit amicus brief Tuesday arguing a district court wrongly nixed antitrust claims by crediting the phaseout of a heart rate monitoring algorithm as an improvement when all it did was deny patient access to "potentially life-saving" technology.
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June 26, 2024
Six Flags, Cedar To Close $8B Merger Following DOJ OK
Six Flags Entertainment Corp. and Ohio-based amusement park peer Cedar Fair LP have cleared regulatory scrutiny from the U.S. Department of Justice, paving the way for a July 1 closing of the two companies' previously announced blockbuster $8 billion merger.
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June 26, 2024
Rep. Seeks Info On Sex Allegations Against Ex-GMU Law Prof
The chair of the U.S. House Committee on Education and the Workforce has requested information in a letter to the president of George Mason University and its law school's dean regarding the institution's response to sexual misconduct allegations against former professor Joshua Wright, who is also a former Federal Trade Commission commissioner.
Expert Analysis
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Opinion
Biden Admin's March-In Plan Would Hurt Medical Innovation
The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Reassessing Trade Secrets Amid Proposed Noncompete Ban
The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.
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Mitigating The Risk Of Post-Closing M&A Earnout Disputes
Today's uncertain deal environment makes a well-crafted earnout an excellent way for parties to accomplish a desired transaction that would not otherwise occur, but transacting parties also need to take key steps to avoid the risk of post-closing disputes that earnouts can present, say Chad Barton and Claire Lydiard at Holland & Knight.
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What's On The Horizon In Attorney General Enforcement
A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.
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Planning For Stymied HSR Filings At FTC If Shutdown Occurs
If the government were to shut down in early March, the inability to submit Hart-Scott-Rodino filings with the Federal Trade Commission would grind transactions to a halt, and parties should consider numerous implications as they are negotiating or planning to close pending transactions, say attorneys at DLA Piper.
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How High Court SEC Case Could Affect The ITC
While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.
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HR Antitrust Compliance Crucial Amid DOJ Scrutiny
The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.
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Mass Arb. Rule Changes May Be A Hindrance For Consumers
The American Arbitration Association's recent changes to its mass arbitration supplementary rules and fee schedule, including a shift from filing fees to initiation and per-case fees, may reduce consumers' ability to counteract businesses' mandatory arbitration agreements, say Eduard Korsinsky and Alexander Krot at Levi & Korsinsky.
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ChristianaCare Settlement Reveals FCA Pitfalls For Hospitals
ChristianaCare's False Claims Act settlement in December is the first one based on a hospital allegedly providing private physicians with free services in the form of hospital-employed clinicians and provides important compliance lessons as the government ramps up scrutiny of compensation arrangements, say attorneys at Sheppard Mullin.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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The Latest Antitrust Areas For In-House Counsel To Watch
The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.
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NCAA's Antitrust Litigation History Offers Clues For NIL Case
Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.