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Competition
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November 07, 2024
Discovery Paused In Parts Co.'s Suit Against Pratt & Whitney
A Pennsylvania federal judge has agreed to halt discovery in a parts supplier's antitrust suit against Pratt & Whitney Wednesday, as the aerospace engine manufacturer moves to get the suit tossed.
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November 07, 2024
Sutter Health Could Face Retrial On Antitrust Claims In March
Sutter Health is headed back to trial after the Ninth Circuit said "highly relevant" evidence was excluded from the 2022 trial where the hospital chain defeated claims that it had driven up the cost of insurance, and the court overseeing the matter says March is the earliest it can do.
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November 07, 2024
Alaska Flyers Lodge Emergency 9th Circ. Bid To Halt Merger
Flyers and travel agents hoping to block Alaska Airlines' $1.9 billion merger with Hawaiian Airlines are asking the Ninth Circuit for an emergency halt to any further integration between the companies while they appeal a district court's dismissal of their suit, telling the judges consumers will be hurt if the merger continues.
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November 07, 2024
FINRA Grants Client Poach Injunction To TD Bank
The Financial Industry Regulatory Authority has issued a permanent injunction against Raymond James Financial and its subsidiary Crescent Point Private Wealth that bars their solicitation of certain TD Bank clients until April 2025, according to a status report filed in a federal lawsuit in the District of Connecticut.
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November 07, 2024
Teva Can't End Inhaler Antitrust Suit But Gets Claim Nixed
A Massachusetts federal court refused Teva Pharmaceutical Industries Ltd.'s attempt to end a case accusing it of orchestrating a decade-long scheme to delay generic competition for its QVAR asthma inhalers, but cut allegations that Teva paid Amneal Pharmaceuticals Inc. not to launch its version.
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November 07, 2024
Same PBM Conduct Means Same Insulin Price Trial, FTC Says
Federal Trade Commission staffers want Caremark Rx, Express Scripts and OptumRx kept together in a single in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices through unfair rebate schemes, arguing they are all "accused of violating the same laws by engaging in the same type of conduct."
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November 07, 2024
LeBron Eyes Media Merger, AI Startup IPO, And More Rumors
Basketball star LeBron James wants to merge his TV and film production company with a British studio, while AI-focused startup CoreWeave has selected investment banks to manage an initial public offering planned for 2025, plus a women's clothing retailer and a generic-drug maker are planning a pair of listings that could revive Canada's dormant IPO market.
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November 07, 2024
Canada's Competition Bureau Seeks Dye & Durham Docs
Canada's Competition Bureau announced Thursday that it obtained a court order to gather information and advance an ongoing investigation into alleged anti-competitive conduct by legal technology company Dye & Durham Ltd., which has been scrutinized over the past year by activist investors and other national regulatory bodies.
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November 07, 2024
Silicon Carbide Biz Says Researchers Swiped Trade Secrets
Silicon carbide technology company Wolfspeed Inc. is going after two former higher-ups in its research and development department for allegedly taking trade secrets to a rival, according to a newly filed state Business Court complaint.
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November 07, 2024
Ross Fights Thomson Reuters Bid To Toss Fair Use Defense
Ross Intelligence pushed back on Thomson Reuters's renewed bid to block it from claiming fair use in a suit alleging that Ross ripped off the Westlaw research platform for its artificial intelligence product, saying in a filing unsealed Wednesday that the output of its tool "did not contain or depend on" any copyright materials claimed by Thomson Reuters, the owner of Westlaw.
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November 07, 2024
Boston Firm Says Atty Diverted Leads To Keches Law Group
Personal injury firm Keches Law Group has been hit with a Massachusetts state court complaint alleging it secretly worked with an associate at a smaller firm to obtain leads on potential cases.
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November 07, 2024
CMA Raises Concerns Over Amex GBT's $570M Buy Of Rival
The proposed $570 million acquisition by American Express Global Business Travel Inc., a corporate travel management company, of rival CWT Holdings LLC in the U.K. could "lead to reduced choice and quality" in Britain, the antitrust watchdog has warned.
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November 06, 2024
FTC Pushes For Amazon Docs In Antitrust Case
The Federal Trade Commission on Tuesday urged a federal court in Seattle to make Amazon hand over documents in the agency's monopolization case against the e-commerce giant, saying its discovery requests aren't unduly burdensome given the breadth of Amazon's alleged anticompetitive conduct.
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November 06, 2024
Trump's Win Likely To Spur Deals For Capital Markets Attys
Former President Donald Trump's decisive win in Tuesday's presidential election will enable deals to proceed on a more certain basis, capital markets advisers said Wednesday, citing pent-up demand to restart capital raising after a long period of subdued activity.
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November 06, 2024
CMA Probing Outbrain's $1B Altice Video Platform Deal
Britain's competition enforcer is investigating digital advertising technology provider Outbrain's planned purchase of video advertising platform Teads in a deal with European telecommunications company Altice worth around $1 billion.
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November 06, 2024
Sanctioned Supplier, Abbott Strike Deal Over TM Judgment
Abbott Laboratories has resolved a dispute with a diabetes test-strip wholesaler that was ordered to pay Abbott $33.4 million after committing discovery misconduct, with the parties saying they've agreed to a settlement after a federal appeals court upheld Abbott's default win in September.
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November 06, 2024
Seattle Judge Wants Plaintiff's Comms In IPad Antitrust Suit
A Seattle federal judge has ordered Hagens Berman Sobol Shapiro LLP to produce its communications with a client who allegedly ghosted the firm before determining if the attorneys may withdraw from representing the class representative in a proposed antitrust class action against Apple and Amazon.
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November 06, 2024
Maritime Commission Seeks To Ax Refusal To Deal Challenge
The Federal Maritime Commission is asking the D.C. Circuit to toss an ocean carrier industry challenge to federal rules for carrier practices, arguing that the World Shipping Council hasn't shown it has standing to contest the regulations.
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November 06, 2024
Tempur Sealy, Mattress Firm Ask Court To Pause FTC Case
Tempur Sealy and Mattress Firm asked a Texas federal court to prevent the Federal Trade Commission's in-house merger case from moving ahead until after there is a decision on their constitutional challenge of the agency's process.
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November 06, 2024
Business Groups Urge Calif. Justices To Nix HIV Drug Ruling
Business groups led by the U.S. Chamber of Commerce are asking the California Supreme Court to throw out a suit alleging Gilead Sciences Inc. deprived customers of a safer form of its HIV drug for profits, saying the current ruling creates an untenable duty and liability even when there's no harmful defect in a product.
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November 06, 2024
Solar Companies Reach $6M Deal In Employee Poaching Suit
A residential solar power company with offices in Connecticut has secured a $6 million consent judgment against a competitor that it sued for poaching more than 80 of its workers, the company said Wednesday, putting an end to the litigation that had sought more than $11 million in damages.
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November 06, 2024
EU Court Won't Toss Commission's Tax Clawback In Portugal
A European Union court on Wednesday tossed two challenges to a European Commission ruling that Portugal must claw back tax breaks provided to companies with no local economic activity because that ran counter to commission-approved policies.
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November 06, 2024
Ga. Contractor Says Company Used His Licenses For Permits
A Georgia contractor and his companies hit a Buford-based contracting company and four individuals with a lawsuit alleging that they used his trade name and licenses to get permits for projects in the Atlanta area without his knowledge or consent.
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November 06, 2024
Conflict Fears Won't Take Judge Off NASCAR Antitrust Suit
The North Carolina federal judge overseeing a budding antitrust case against NASCAR will remain on the case after attorneys waived concerns about the apparent conflict posed by one of his former clerks working on the suit.
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November 06, 2024
Corning Hit With EU Probe Over Mobile Phone Glass Deals
Corning faces an investigation by the European Commission over suspicions the multinational glass producer abused its dominant position in the global market for a glass used to protect mobile phone screens, the antitrust watchdog said Wednesday.
Expert Analysis
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Antitrust In Retail: The Meaning Of 'Accessible Luxury'
In order for the Federal Trade Commission to block a deal that would put six "accessible luxury" brands, including Coach and Michael Kors, under one roof, the agency will need to prove that this category is distinct from the true luxury or mass-market categories, says David Kully at Holland & Knight.
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4 Important Events In Bank Regulation: A Midyear Review
The first six months of 2024 have been fairly stable for the banking industry, though U.S. Supreme Court decisions and proposals from regulators have significantly affected the regulatory standards applicable to insured depository institutions, says Christina Grigorian at Katten.
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FTC Focus: Competition And The Right To Repair
If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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The Current State Of Healthcare Transaction Reviews In Calif.
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.
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Recruitment Trends In Emerging Law Firm Frontiers
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.
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Behind The Stagecoach Boundary Fare Dispute Settlement
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.
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What Companies Should Consider Amid Multistate AG Actions
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.
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Series
Glassblowing Makes Me A Better Lawyer
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.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
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.
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How Associates Can Build A Professional Image
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.
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5 Steps To Navigating State Laws On Healthcare Transactions
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.