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Competition
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October 15, 2024
Patent Co. Drops IP Suits To Go After Carriers In Antitrust Cases
Patent-holding company VoIP-Pal.com announced Monday that it will refocus its legal efforts on antitrust litigation targeting the big three telecommunications carriers, days after dropping recently filed patent suits against Verizon and T-Mobile.
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October 15, 2024
Texas Regulators Oppose Bid To Open Up Texas Grid Projects
The Public Utility Commission of Texas and three electricity companies have fired back at an independent electric transmission developer's attempt to halt a Texas law reserving new power line development for incumbent transmission companies.
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October 15, 2024
No New Trial For Bid-Rigging, Price-Fixing Concrete Bros.
A Georgia federal judge refused Tuesday to grant a new trial to a pair of brothers convicted in July for their role in a scheme fixing prices, rigging bids and carving up the coastal Georgia ready-mix concrete market, finding no jury confusion in witness testimony about antitrust compliance training.
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October 15, 2024
Gamers End Challenge Of Microsoft's $69B Activision Deal
Microsoft reached an agreement ending a challenge from a group of gamers targeting its $69 billion deal for Activision Blizzard as a merger challenge from the Federal Trade Commission remains pending at the Ninth Circuit.
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October 15, 2024
Realtors Ask High Court To Quash DOJ Antitrust Probe
The National Association of Realtors has petitioned the U.S. Supreme Court for review of a ruling that would allow the U.S. Department of Justice's Antitrust Division to reopen an investigation into the trade group's rules and policies after an earlier settlement.
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October 15, 2024
'Extraordinary' Blue Cross Deal Includes $2.8B Payout
The Blue Cross Blue Shield network will shell out $2.8 billion and invest "hundreds of millions" more overhauling its claims systems to soften barriers between members, in a massive antitrust settlement disclosed Monday in Alabama federal court under which healthcare providers' counsel stands to reap up to $700 million.
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October 15, 2024
Lenovo, InterDigital Settle Patent And Antitrust Suits
A Delaware federal judge on Tuesday dismissed long-running antitrust and patent claims between Lenovo and InterDigital on Tuesday, after InterDigital announced the companies would drop their allegations in accordance with the terms of a patent licensing deal and a binding arbitration agreement.
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October 15, 2024
Novartis To Appeal Ruling In Entresto Generic Drug Fight
Swiss drugmaker Novartis said Tuesday that it plans to appeal a ruling from over the weekend that scuttled its suit over the U.S. Food and Drug Administration's approval of a generic version of Entresto, the drugmaker's blockbuster heart failure medication.
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October 15, 2024
SD Calls Foul On NCAA For Moving NIL Suit From State Court
The state of South Dakota and its flagship universities on Tuesday asked that their suit challenging the NCAA's $2.78 billion settlement over name, image and likeness compensation be moved back to state court, claiming the NCAA "does not come within a country mile" of proving that it should have been removed to federal court.
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October 15, 2024
Google Seeks To Pause Play Store Injunction Amid Appeal
Google has urged a California federal judge to issue an immediate stay in its antitrust battle with Epic Games Inc. that would pause a three-year injunction requiring Google to open up its Play Store to competing app stores pending the outcome of its Ninth Circuit appeal.
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October 15, 2024
Skadden Picks Up Arbitration Co-Head From Sidley In Asia
The co-leader of Sidley Austin LLP's global arbitration, trade and advocacy group has been tapped to lead Skadden Arps Slate Meagher & Flom LLP's international litigation and arbitration group in Asia, the firm announced on Monday.
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October 15, 2024
FTC Attorney Rejoins Hogan Lovells Antitrust Group In DC
A former Federal Trade Commission attorney, who previously spent about five years with Hogan Lovells as a senior associate, has rejoined the firm's antitrust, competition and economic regulation practice in Washington, D.C., as a partner, the firm announced Tuesday.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 15, 2024
FTC Wants More Info On $1.36B Home Healthcare Deal
The Federal Trade Commission has requested more information about healthcare solutions company Owens & Minor Inc.'s planned $1.36 billion purchase of home-based care business Rotech Healthcare Holdings Inc., extending the agency's merger review.
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October 15, 2024
Ill. Home Health Kickbacks Ruling Intact After Justices Pass
The nation's top court said Tuesday it won't review a Seventh Circuit decision largely affirming that a home health care company broke federal kickback laws, leaving intact its holding that the company must pay millions in damages.
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October 15, 2024
UBS Told To Bolster Crisis Plans After Credit Suisse Deal
UBS must boost its emergency plans after buying stricken rival Credit Suisse to ensure that the combined group can wind down or be sold without cost to taxpayers, Switzerland's finance watchdog said on Tuesday.
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October 15, 2024
Ventilation Biz Told To Sell UK Sites After CMA Probes Deal
The Competition and Markets Authority said Tuesday that Swedish ventilation company Lindab must sell two sites in the U.K. after finding that its now-completed deal to snap up a British rival could lead to higher prices.
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October 11, 2024
Elon Musk's X Drops Unilever From Advertising Boycott Suit
X Corp. has dropped Unilever from its antitrust suit accusing the global consumer goods company and others of conspiring to withhold advertising revenue from the social media platform, announcing in a post Friday that it's "pleased to have reached an agreement with Unilever" and "we look forward to more resolution."
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October 11, 2024
Aerospace Firm To Pay SEC $1.1M Over India Bribe Claims
Aerospace components manufacturer Moog Inc. will pay a $1.1 million civil penalty to resolve U.S. Securities and Exchange Commission claims that an Indian subsidiary of the company violated the Foreign Corrupt Practices Act in connection with an alleged scheme to bribe Indian officials.
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October 11, 2024
Apple Judge OKs New Schedule But Pans 'Burden' To Court
A California federal judge Friday issued an order in antitrust litigation against Apple that permits the plaintiffs and the tech giant to push out discovery deadlines, but said the change "shifts the burden to the court," so they'll have to prepare for trial "with or without" rulings on filed motions.
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October 11, 2024
Phone Unlocking Advances Digital Equity, Civic Group Says
Setting federal rules that dictate when mobile providers have to unlock a customer's device, allowing people to switch providers without having to buy a new phone, would improve digital equity, says a group that promotes Black civic participation.
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October 11, 2024
GoDaddy Must Face Lawsuit Over Exclusion Of Tech Co.
The world's largest domain registrar, GoDaddy, will not be able to walk away from antitrust claims that it blackballed a tech company from its platform, a Virginia federal judge has ruled after being swayed by arguments about the vastness of GoDaddy's market share.
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October 11, 2024
Google Says High Court Shouldn't Pause Ad Tech Subpoena
Google told the U.S. Supreme Court on Friday that there's no need to pause a South Carolina agency's bid to quash a document request in a case accusing the tech giant of monopolizing key digital ad technology, saying the agency has no chance of succeeding.
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October 11, 2024
Medytox Loses ITC Fight Over Antiwrinkle Trade Secrets Use
The U.S. International Trade Commission has backed a finding that medical aesthetic provider Medytox Inc. failed to prove that two other companies wrongly used its antiwrinkle biotechnology to create another product.
Expert Analysis
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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5th Circ. Shows Admin Rules Can Survive Court Post-Chevron
The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.
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Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'
The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Opinion
FTC's Report Criticizing Drug Middlemen Is Flawed
The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.
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8 Issues AI Firms May Encounter As M&A Action Accelerates
As the AI merger climate heats up, potential complications may arise, including antitrust scrutiny, talent retention agreements, and aggressive and protective deal terms intended to compensate for lofty valuations, say Scott Schwartz and Kishan Barot at Manatt.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Takeaways From Novo Nordisk's Fight For Market Exclusivity
Generic competitors’ challenge to Novo Nordisk’s patents in hopes of capturing a portion of the rapidly expanding Type 2 diabetes and obesity treatment market highlights the role of abbreviated new drug application litigation, inter partes review and multidistrict litigation in patent defense, says Pedram Sameni at Patexia.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.
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Takeaways From TOTSA Settlement And Critical CFTC Dissent
The U.S. Commodity Futures Trading Commission's recent settlement with TOTSA highlights the agency's commitment to enforcing market integrity and deterring manipulative practices, while Commissioner Caroline Pham's dissent to the settlement spotlights the need for transparency and consistency in enforcement actions, say attorneys at Davis Wright.
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Building US-Japan Relationships In The M&A Market
The prospect of U.S.-Japanese mergers and acquisitions presents stronger competition to U.S. investors in the global M&A markets, while also opening up an additional exit route for sellers looking to offload strategic assets, says Nick Wall at A&O Shearman.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out
Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.