Competition

  • August 27, 2024

    Deutsche Bank, Rabo Beat Antitrust Suit Over Euro Bonds

    A New York federal judge has tossed an antitrust suit against Deutsche Bank AG and Rabo Securities USA, alleging they conspired to fix the price of European government-issued euro-dominated bonds sold throughout the U.S. between 2005 and 2016, saying the plaintiffs lack standing.

  • August 27, 2024

    Tour Bus Merger Claims Can't Save Antitrust Suit Redux

    Claiming a partnership between its rivals amounted to an anticompetitive merger wasn't enough Tuesday to save a New York City tour bus operator's second attempt at antitrust allegations that they locked it out of deals with key tourist destinations.

  • August 27, 2024

    Chamber Backs Duke Bid To Review Monopoly Suit's Revival

    The U.S. Chamber of Commerce is backing Duke Energy Carolinas' bid for an en banc rehearing in the Fourth Circuit after a panel there revived NTE Energy's antitrust suit against the company.

  • August 27, 2024

    Split 5th Circ. Revives Tesla's Case Over La. Sales Ban

    A split Fifth Circuit panel revived Tesla's case accusing Louisiana car dealers and regulators of illegally excluding the direct-sale automaker from the state, finding Tesla had done enough to survive dismissal by alleging a regulatory board that included competitors is biased against it.

  • August 27, 2024

    CPSC Suit 'Makes A Mockery' Of Standing, SG Tells Justices

    The federal government is urging the U.S. Supreme Court to pass on a "highly artificial suit" that seeks to unravel removal protections for commissioners on the Consumer Product Safety Commission, saying the groups behind the suit have no standing to pursue the legal challenge.

  • August 27, 2024

    New Cigna CLO Vows To Help Co. Navigate 'Dynamic' Industry

    Cigna has promoted one of its in-house lawyers, who has spent her in-house and private practice career in the healthcare space, to chief legal officer, according to a LinkedIn post.

  • August 27, 2024

    Va. Ad Tech Judge Warns Google Over Chat Deletion

    Google's defense of its advertising technology could get a little harder after a Virginia federal judge on Tuesday kept the door open to assuming that deleted internal chats hid evidence that would support U.S. Department of Justice monopolization claims bound for a bench trial next month.

  • August 26, 2024

    Albertsons Paints Picture Of Dire Future Without Kroger Deal

    Albertsons told an Oregon federal judge Monday that if the Federal Trade Commission is able to block a proposed merger with Kroger, it could lead to layoffs and shuttered stores, because a go-it-alone Albertsons doesn't have the wholesale buying power to compete with Walmart and Costco on prices.

  • August 26, 2024

    Banks' $20M Platinum Traders Antitrust Deal Gets Initial OK

    A New York federal judge preliminarily approved Saturday a $20 million deal to resolve a nearly decade-old putative class action alleging Goldman Sachs, German industrial company BASF and two other banks fixed platinum and palladium prices.

  • August 26, 2024

    Care.com To Pay $8.5M To Settle FTC's Deception Claims

    Caregiver job website Care.com has agreed to shell out $8.5 million in refunds to put to rest allegations it misled caregivers about wages and job availability and also made it difficult for families to cancel paid memberships, the U.S. Federal Trade Commission announced Monday.

  • August 26, 2024

    Rival Can't Avoid Drugmaker's False Ad Claim Over Pain Med

    A Texas federal magistrate on Monday advised against dismissing Pacira Biosciences Inc.'s suit against a rival, finding that Pacira had alleged enough facts to show QuVa Pharma Inc.'s advertising is deceptive in a suit over the former company's compounded drug for pain.

  • August 26, 2024

    Former Google Execs Fight Ad Tech Trial Subpoenas

    Former Google vice presidents and other company managers have filed a series of motions asking a Virginia federal judge to block U.S. Department of Justice subpoenas trying to force their testimony at next month's advertising technology monopolization trial, arguing their live participation is unneeded and improperly demanded.

  • August 26, 2024

    Motorola Says Hytera Owes $58M For Radio Royalty Contempt

    Motorola Solutions told an Illinois federal judge Monday that Chinese rival Hytera Communications owes more than $58 million in royalties for a mobile radio it purportedly redesigned after a jury found it misappropriated trade secrets, asserting the radio's retooled source code is still improperly based on the same protected architecture.

  • August 26, 2024

    Hikma Urges Full Fed. Circ. To End Vascepa Skinny-Label Suit

    Hikma Pharmaceuticals has asked the full Federal Circuit to intervene after a panel determined it must face infringement litigation over its generic version of Amarin Pharma Inc.'s blockbuster cardiovascular drug Vascepa.

  • August 26, 2024

    Gov't Looks To Limit Arguments In Rail Merger Appeal

    The federal government urged the D.C. Circuit not to let a coalition of Illinois towns challenging the approval of Canadian Pacific's $31 billion merger with Kansas City Southern incorporate arguments made by Chicago's commuter rail system before the system dropped out of the case.

  • August 26, 2024

    ​​​​​​​Ex-FCC Republican Urges 6th Circ. To Tank Net Neutrality

    A former Republican on the Federal Communications Commission who helped overturn net neutrality rules when the agency leadership was in GOP hands has pressed the Sixth Circuit to snuff out the Democratic FCC's effort to revive the policy.

  • August 26, 2024

    Connecticut And NY AGs Reach Terms For Hospital Merger

    Two major hospital systems in New York and Connecticut have reached an agreement with their states' attorneys general to resolve an antitrust investigation spurred by the planned merger of Northwell Health and Nuvance Health, bringing the deal first announced in February closer to fruition.

  • August 26, 2024

    Feds Want 1 Year In Prison For Co. Owner In Bid-Rigging Case

    On Friday, federal prosecutors asked a Georgia federal judge to sentence a man who pled guilty to participating in a coastal Georgia concrete bid-rigging and price-fixing scheme to one year and a day in prison.

  • August 26, 2024

    5th Circ. Holds Off On Gulf Fishery Council Rule Challenge

    The Fifth Circuit on Friday ordered a Mississippi federal judge to decide key issues that went unaddressed in his ruling upholding a fishing limit in the Gulf of Mexico, saying that new case law must be applied before it handles the appeal.

  • August 26, 2024

    Shareholder Attys Get $11M For Taro Price-Fixing Deal

    Bernstein Liebhard LLP will receive approximately $11 million for securing a $36 million settlement in a shareholder suit against Taro Pharmaceutical Industries, which claims Taro lied about alleged price-fixing that led to a U.S. Department of Justice antitrust investigation and subsequent stock price drop.

  • August 26, 2024

    FTC Mulls Proposal To Alter Puerto Rican Pharmacy Deal

    The Federal Trade Commission is considering a plan to allow Puerto Rico's largest independent pharmacy cooperative to resume collective negotiations with payors, reexamining a 2012 settlement agreement that the cooperative says is now unnecessary because of changes in the commonwealth's law and pharmacy market.

  • August 23, 2024

    Maxell Urges Trade Commission To Bar TCL Smart TV Imports

    Maxell Ltd. urged the U.S. International Trade Commission to permanently bar TCL from importing certain smart televisions that Maxell claims infringe several of its patents, saying TCL continues to import allegedly infringing televisions despite being long aware of Maxell's patent portfolio.

  • August 23, 2024

    TriZetto Says Infosys Swiped Healthcare Software Secrets

    Cognizant TriZetto Software Group Inc. on Friday lodged trade secret misappropriation and breach of contract claims against competitor Infosys Ltd., alleging that Infosys improperly used information about TriZetto's "closely guarded, proprietary software offerings" to develop its own competing products and services.

  • August 23, 2024

    Caterpillar Can't Nix $12.9M Jury Loss In Wirtgen IP Row

    A Delaware judge has declined to overturn a $12.9 million verdict that Caterpillar was ordered to pay machinery manufacturer Wirtgen for infringing five road-milling machine patents, rejecting Caterpillar's equitable defenses that included the patents are unenforceable because of an unreasonable delay in the patent application process.

  • August 23, 2024

    Ark. County Wants Out Of Cherokee Casino Licensing Dispute

    An Arkansas county quorum court and its presiding judicial officer are asking a federal district court to be dismissed from a challenge by a Mississippi casino that looks to void a gaming license issued to two Cherokee Nation entities, arguing that the gaming operator has failed to state a claim.

Expert Analysis

  • The Current State Of Healthcare Transaction Reviews In Calif.

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    As of April, certain healthcare transactions in California have been subject to additional notification compliance requirements, and complying with these new rules could significantly delay and discourage some deals, says Andrew Demetriou at Husch Blackwell.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Behind The Stagecoach Boundary Fare Dispute Settlement

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    The Competition Appeal Tribunal's recent rail network boundary fare settlement offers group action practitioners some much-needed guidance as it reduces the number of remaining parties' five-year dispute from two to one, says Mohsin Patel at Factor Risk Management.

  • What Companies Should Consider Amid Multistate AG Actions

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    The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • 5 Steps To Navigating State Laws On Healthcare Transactions

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    As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.

  • Orange Book Warnings Highlight FTC's Drug Price Focus

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    In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Inside Antitrust Agencies' Rollup And Serial Acquisition Moves

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    The recent request for public comments on serial acquisitions and rollup strategies from the Federal Trade Commission and U.S. Justice Department mark the antitrust agencies' continued focus on actions that fall below premerger reporting thresholds, say attorneys at Paul Weiss.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk

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    A rare federal court decision under the Robinson-Patman Act, which prohibits certain kinds of price discrimination, highlights the antitrust risks faced by certain suppliers and is likely to be cited by future plaintiffs and enforcement officials calling for renewed scrutiny of pricing and discounting practices, say attorneys at Baker McKenzie.

  • Takeaways From Nat'l Security Division's Historic Declination

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    The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

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