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Competition
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June 14, 2024
Justices Are Asked To Wade Into Blood Pressure Drug IP Fight
United Therapeutics is taking its patent case seeking to stop a rival from selling a drug that competes with its blockbuster treatment for high blood pressure to the U.S. Supreme Court.
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June 14, 2024
France Offers $750M For Atos' Cyber, Data Assets
Information technology firm Atos SE said Friday that it has received a nonbinding offer from the French government to buy certain big data and cybersecurity operations at an enterprise value of €700 million ($750 million).
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June 14, 2024
Zillow Settles Antitrust Case Against ShowingTime Rival
Zillow has reached a settlement ending its case in Arizona federal court accusing a pair of multiple listing services of blocking members from using its ShowingTime tool in order to protect a rival tool that allows real estate agents and others to manage property showings.
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June 14, 2024
9th Circ. Balks At Gas Buyers' Price-Fix Fight Over Trump Pact
A Ninth Circuit panel appeared skeptical Friday of efforts to revive a proposed antitrust class action alleging that Chevron, Exxon Mobil and others fixed gasoline prices following the Trump administration's 2020 oil production deal with Russia and Saudi Arabia, with each judge doubting that federal courts have jurisdiction over the dispute.
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June 14, 2024
3rd Circ. Won't Halt 'Made In America' False Ad Ruling
The Third Circuit will not pause an injunction against Albion Engineering Co. for falsely marketing its caulking guns as made in the United States, according to a Friday order declining to hold off the New Jersey federal court's order while the firm appeals.
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June 14, 2024
Novant Urges 4th Circ. To Reject FTC's 'Emergency' Bid
Novant Health told the Fourth Circuit there is no need to block its planned North Carolina hospital purchase while the Federal Trade Commission pushes a merger challenge, saying the deal will increase competition by preventing the hospitals from closing.
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June 14, 2024
Off The Bench: Ex-Players Claim NIL, Loss For Trans Swimmer
In this week's Off The Bench, the 1983 men's college basketball champions want a piece of the loot the NCAA made off of their names, swimmer Lia Thomas loses in her bid to overturn an international trans athlete ban, and the House gets a bill through committee that would keep college athletes from becoming employees.
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June 14, 2024
Study Bulk ISP Billing, But Don't Pass Rules Yet, FCC Urged
A cable industry group is trying to dissuade the Federal Communications Commission from crafting new rules to clamp down on bulk billing practices for broadband services in apartment buildings.
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June 14, 2024
Burford Bound To Sysco And Pilgrim's Unsigned Chicken Deal
An Illinois federal judge on Friday rejected a Burford subsidiary's bid to block a global protein price-fixing settlement that Pilgrim's Pride and Sysco memorialized through email but never signed on paper, saying it's clear the parties reached a material agreement.
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June 14, 2024
Update On Ex-George Mason Prof's Suits Over Sex Allegations
After two women came forward last August accusing former BigLaw partner, FTC commissioner and George Mason University law professor Joshua D. Wright of sexual improprieties with students and direct reports, a number of additional accusations and lawsuits followed. Here are updates on the litigation and everything else surrounding the allegations.
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June 14, 2024
Japan's Kirin Plans $1.4B Fancl Purchase Amid Health Kick
Kirin Holdings Co. said Friday that it plans to buy the remaining shares it doesn't own in Fancl Corp. for about $1.4 billion, part of the Japanese beverage giant's continued push into the consumer health sector.
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June 14, 2024
DOJ's Google Ad Tech Suit Bound For Sept. Trial
A Virginia federal judge said Friday that the U.S. Department of Justice's lawsuit accusing Google of monopolizing technology used to place ads on third-party websites will go to trial, finding too many factual disputes to let the search giant nix the case.
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June 14, 2024
UK Opens Probe Into Barratt's £2.5B Redrow Acquisition
Britain's antitrust regulator has launched a formal probe into whether Barratt Developments PLC's £2.5 billion ($3.1 billion) all-share deal for rival homebuilder Redrow PLC could harm competition in U.K. markets, according to a statement published Friday on the London Stock Exchange.
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June 13, 2024
Visa, Mastercard Fee Deal Not 'Likely' To Get Court Approval
A New York federal judge said at a hearing Thursday that she will "likely not approve" Mastercard and Visa's proposed settlement in long-running litigation over merchant transaction fees, according to the case docket.
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June 13, 2024
Apple Fights To Ax 'Speculative' IPhone App Antitrust Suit
Apple urged a California federal judge Thursday to toss a proposed antitrust class action alleging the company illegally prevents iPhones from running web-based apps that don't need to be downloaded, arguing consumers don't have standing to bring the "speculative" litigation since they're not directly injured by Apple's agreements with developers.
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June 13, 2024
DirecTV's 'NFL Tax' Gouged Sunday Ticket Buyers, Jury Told
DirecTV gouged its Sunday Ticket subscribers by charging 24.6% above the "optimal price" it should have charged if the company was looking to maximize its profits instead of instituting an "NFL tax," an economist told a California federal jury considering multibillion-dollar antitrust claims against the league on Thursday.
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June 13, 2024
Canadian Businessman Cops To Stealing Tesla Trade Secrets
A Canadian businessman residing in China pled guilty in New York federal court to scheming to sell secret battery manufacturing technology that belongs to Tesla, the U.S. Department of Justice announced Thursday.
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June 13, 2024
FTC's Ferguson Says He's A Law Enforcer, Not A Policymaker
Recently minted Federal Trade Commissioner Andrew Ferguson said Thursday that he views his new role as a law enforcer and not a policymaker and said the biggest issue for antitrust law right now is dealing with Big Tech.
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June 13, 2024
2nd Circ. Case Over NY Broadband Law Could Wrap Up
An agreement could soon be reached between internet providers and the New York attorney general's office that would avoid the need for further Second Circuit review of New York's controversial low-cost broadband law, court records show.
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June 13, 2024
Apple Wants Discovery Hearing Closed In IPhone Class Action
Apple is asking a California federal judge to close the courtroom during an upcoming discovery hearing in the ongoing antitrust class action it's facing from consumers, arguing that the proceeding is likely to reveal consumer data and billing information that should be kept out of public view.
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June 13, 2024
Judge OKs RBS, Lloyds Bank and Others' $1.9M Libor Deal
A New York federal judge has granted preliminary approval to a $1.9 million deal between lender plaintiffs and several large banks, including the Royal Banks of Scotland, Lloyds, and others, over their alleged role in manipulating the London Interbank Offered Rate.
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June 13, 2024
Teva Wins Pause Of Order Ousting Patents From Orange Book
A New Jersey federal judge ordered on Thursday a 30-day stay of his Monday ruling that a handful of patents covering Teva-brand asthma inhalers were improperly listed in the federal Orange Book, saying he wanted the matter to reach the Federal Circuit in the most orderly way possible.
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June 13, 2024
CVS Dodges Discovery Audit In Generic Drug Collusion Suit
A federal judge declined to make CVS hire a forensic auditor to evaluate its compliance with information demands in a lawsuit alleging it colluded with drugmakers to keep Medicare beneficiaries from accessing certain generic drugs, despite a whistleblower bemoaning "woefully deficient" discovery on the pharmacy chain's part.
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June 13, 2024
Verizon Opposes AT&T's FirstNet As 4.9 GHz Band Manager
Verizon is done letting proxies speak for it in the war of words over a plan to make AT&T's FirstNet the national manager of the 4.9 gigahertz public safety band, telling the Federal Communications Commission in a new filing that the idea would disrupt the public safety spectrum marketplace.
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June 13, 2024
Blackstone's $10B AIR Buy Gets Nod From Top 2 Proxy Firms
Denver-based Apartment Income REIT Corp.'s shareholders have recommendations from the two leading proxy advisory firms to approve an agreement to sell off the real estate investment trust to private equity giant Blackstone for $10 billion, the company announced June 13.
Expert Analysis
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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HHS Advisory Highlights Free Product Inducement Risks
A recent U.S. Department of Health and Human Services advisory opinion highlights concerns that valuable free products and other inducements may influence patients and providers to choose one manufacturer’s product over another, notwithstanding that such free healthcare products may be a benefit, say attorneys at Morgan Lewis.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Opinion
Why Challenges To FTC Authority Are Needed
In spite of skepticism from courts, the Federal Trade Commission continues to advance novel legal theories — and Meta's recent federal suit against the agency over its alleged "structurally unconstitutional" administrative proceedings is arguably an expression of backlash to regulatory overreach, says Daniel Gilman at the International Center for Law & Economics.
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The Year In FRAND: What To Know Heading Into 2024
In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.
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Volume-Based Transaction Pricing Proposal Raises Questions
A rule recently proposed by the U.S. Securities and Exchange Commission, which would prohibit securities exchanges from offering volume-based transaction pricing for agency or riskless principal orders in certain stocks, is meant to address competitive concerns — but there are reasons to question the logic behind this proposal, say attorneys at Sidley.
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NCAA Proposal Points To A New NIL Compensation Frontier
Although NCAA President Charlie Baker's recent proposal for Division I institutions to pay student-athletes for name, image and likeness licensing deals is unlikely to pass in its current form, it shows that direct compensation for student-athletes is a looming reality — and member institutions should begin preparing in earnest, say attorneys at Pillsbury.
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Fed's New Swipe At Debit Fees Stirs Up Dilemma For Banks
The Federal Reserve's proposal to reduce the cap on debit card interchange fees charged or received by card issuers and payment networks comes as other bank account fees are taking regulatory hits, which could all culminate in an overall decline in access to banking products and services, says Kristen Larson at Ballard Spahr.
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Behind Antitrust Enforcers' 2023 Labor And Employment Push
This year, the U.S. Department of Justice and Federal Trade Commission stepped up their already-considerable efforts to expand antitrust enforcement to labor and employment, a trend that is likely to continue into next year, say Benjamin Dryden and Richard Flannery at Foley & Lardner.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Exploring Middle-Market M&A Trends In 2023 And Beyond
Middle-market merger and acquisition activity this year was affected by a number of economic, legal and regulatory shifts, with certain trends pointing to favorable transaction conditions in 2024, say Jason Brauser and William Goodling at Stoel Rives.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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Parsing 2023's Energy Markets Enforcement
A review of the Federal Energy Regulatory Commission's and Commodity Futures Trading Commission's recently released fiscal year 2023 enforcement reports highlight the significant energy market enforcement activities, litigation pursued and settlements reached by both agencies, as well as their respective strategic goals and focus areas, say attorneys at Morgan Lewis.