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Competition
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July 26, 2024
Insurance Trade Group Challenges FTC's Noncompete Ban
The American Property Casualty Insurance Association backed a tax preparation company and the U.S. Chamber of Commerce's challenge to the Federal Trade Commission's ban on noncompete agreements, telling a Texas federal court that the rule would "significantly disrupt the insurance producer landscape."
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July 26, 2024
Taxation With Representation: Wachtell, Polsinelli, Kirkland
In this week's Taxation With Representation, T-Mobile partners with KKR to acquire Metronet, Exclusive Networks gets a takeover offer, KKR buys Instructure Holdings Inc., and Bally's Corp. merges with The Queen Casino & Entertainment Inc.
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July 26, 2024
Rising Star: Milbank's Grant A. Bermann
Grant A. Bermann of Milbank LLP worked on the U.S. Department of Justice's successful challenge to a major joint venture between American Airlines and JetBlue, carving out a spot as one of the competition attorneys under age 40 honored by Law360 as Rising Stars.
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July 26, 2024
HP Calls Dolby, Philips, Mitsubishi Patent Fees A 'Money Grab'
Computer maker HP Inc. has claimed Dolby Laboratories, Mitsubishi and Philips are attempting a "money grab" by attempting to overcharge on licensing fees for ultra-high-definition streaming patents, according to a complaint filed in Massachusetts state court.
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July 26, 2024
Colorado Cases To Watch 2024: A Midyear Report
Colorado is at the forefront of state challenges to Kroger's $24 billion proposed merger with Albertsons, regulators are defending a high-cost lending crackdown, and state justices could change how insurers navigate bad faith suits. Here are some of the Colorado cases to watch in the second half of 2024.
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July 25, 2024
Google Wants To Keep 'Monopolistic Status Quo,' Epic Says
Epic Games assailed Google on Wednesday for overcomplicating and overpricing changes to the Play Store required by the gaming giant's antitrust jury win, arguing that what Google says are needed security and maintenance protocols are just the latest effort to relitigate the case and "weaken the remedy."
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July 25, 2024
AIP Buys AGCO's Grain & Protein Biz In $700M Cash Deal
Agricultural machinery company AGCO Corp., advised by Simpson Thacher & Bartlett LLP, on Thursday announced plans to sell the majority of its grain and protein business to industrial investor American Industrial Partners, led by Sidley Austin LLP, in an all-cash deal valued at $700 million.
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July 25, 2024
Dems' Bill Looks To Prevent Collusion With OPEC
A pair of Democrats in the House and Senate on environmental committees introduced a bill Wednesday to punish fossil fuel companies that collude with OPEC to increase prices.
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July 25, 2024
Plaintiffs Can't Expand Beef Price Fixing Suit, Court Told
Beef producers defending against antitrust claims are telling a Minnesota federal judge that a proposed class of ranchers are too late to take their newest proposed complaint to court, arguing that the case should be permanently tossed after two failed attempts to get past the pleading stage.
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July 25, 2024
Tobacco Products Co. Hits Wash. Pot Business With TM Suit
Wholesaler BBK Tobacco & Foods LLP has hit a Washington state cannabis company with a complaint in Arizona federal court that alleges it is infringing the "Juicy" trademark BBK uses for a variety of smoking and smoking-related products.
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July 25, 2024
4th Circ. Vacates FTC Loss After Novant Bows Out Of Merger
The Fourth Circuit has agreed to vacate a North Carolina federal judge's ruling allowing Novant Health's planned $320 million hospital merger to advance after the Federal Trade Commission secured an emergency injunction on appeal that effectively killed the deal.
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July 25, 2024
Bally's OKs Standard General's Takeover Valuing It At $4.6B
Bally's Corp. announced on Thursday its plans to merge with Standard General-owned The Queen Casino & Entertainment Inc., a regional casino operator, in a deal that values Bally's at $4.6 billion and was crafted by five law firms.
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July 25, 2024
Deals Rumor Mill: Wiz-Google, Daily Telegraph, Medline IPO
Cybersecurity startup Wiz has rebuffed a buyout offer from Google, former British finance minister Nadhim Zahawi is preparing a $773 million bid for the Daily Telegraph, and medical supplies giant Medline is preparing an initial public offering for 2025. Here, Law360 breaks down these and other notable deal rumors from the past week.
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July 25, 2024
Kroger, Albertsons Agree To Delay $25B Merger Closing
Kroger Co. and Albertsons said Thursday they agreed to delay closing on their $25 billion merger until after a judge rules on the merits of Colorado regulators' antitrust case, allowing the companies to avoid a two-week hearing next month.
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July 25, 2024
4 Banks Ordered To Comply With UK Retail Competition Rules
HSBC, Lloyds, TSB and Allied Irish Banks have broken rules designed to help customers find the best deals, Britain's antitrust authority said Thursday, adding that it has ordered the lenders to comply with competition regulation.
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July 24, 2024
FTC Chair Wary AI Tools Can Be Used For Corporate Collusion
Federal Trade Commission Chair Lina Khan weighed in on a host of topics during a discussion Wednesday at the Ninth Circuit Judicial Conference, expressing concerns about the agency's high legal bills for expert witnesses and describing AI price-setting tools as a potential loophole for collusion.
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July 24, 2024
Even With Deal, Athletes Still Fighting For Share Of NCAA Pie
College athletes suing for a cut of NCAA television revenue in Colorado federal court have stressed that they will continue to litigate even if the settlement of a massive class action over name, image and likeness rights in California receives court approval.
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July 24, 2024
Clinic Drops Case Against Maker Of Body-Sculpting Devices
BTL Industries Inc., a Massachusetts company that sells body-sculpting equipment, and a Connecticut aesthetic clinic have mutually agreed to dismiss a lawsuit accusing the Bay State company of using misleading profit projections and illegal trade restraints that unfairly penalized equipment buyers and caused hefty investments to wither.
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July 24, 2024
DOJ Says NY Judge Muffed Standing In DirecTV Price-Fix Case
Paying inflated prices isn't the only way someone can be injured by price-fixing, and a New York federal court was wrong to rule that it was in a case brought by DirecTV over retransmission fees, the U.S. Department of Justice has told the Second Circuit.
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July 24, 2024
Packaging Co. Can't Limit Rival's Sales In NC Biz Spat
The North Carolina Business Court on Wednesday refused to limit the clientele of a packaging company facing sales-poaching claims by a competitor, reasoning that the rival's lawsuit isn't likely to succeed.
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July 24, 2024
Judge Sets Up 2-Tier Counsel Access In DOJ Live Nation Suit
A New York federal judge on Tuesday set up a two-tiered system for document access in the U.S. Department of Justice's antitrust lawsuit against Live Nation and Ticketmaster, limiting sensitive information from other market participants from Live Nation in-house counsel.
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July 24, 2024
Meme Stock Investor Opposes Robinhood Settlement For Now
A meme stock investor on Wednesday urged a Florida federal judge to deny a settlement between Robinhood and other traders who say they sustained losses when the exchange restricted trading of certain stocks during a social media fueled run, since he says he hasn't received any details on the deal.
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July 24, 2024
Ex-SAP Exec Settles Whistleblowing Retaliation Suit
A former executive of software giant SAP has settled his retaliation and age discrimination claims, according to a Wednesday order by a Pennsylvania federal court.
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July 24, 2024
Naval Engineers Urge 4th Circ. To Revive No-Poach Suit
A pair of former naval engineers have urged the Fourth Circuit to revive their proposed class action accusing military shipbuilding contractors and related firms of using secret "no-poach" agreements, saying their suit was wrongly ruled untimely amid a cover-up of the alleged scheme.
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July 24, 2024
IPhone Users Push For Apple Docs On Korea, EU App Stores
Plaintiffs in the ongoing App Store antitrust suit are accusing Apple of stonewalling their effort to obtain documents detailing procompetitive changes the company made to the online marketplace in South Korea and Europe, saying the tech giant won't turn over the information because it'd undermine Apple's core defense.
Expert Analysis
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Parsing Chinese Governance On AI-Generated Content
As essential risk-mitigation, companies with a China reach should be aware of recent developments in Chinese oversight of AI-generated content, including the latest rulings and regulations as well as the updated ambit for supervisory bodies, say Jet Deng and Ken Dai at Dacheng.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Preparing For Possible Calif. Criminal Antitrust Enforcement
Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Antitrust Ruling Shows Limits Of US Law's Global Reach
Antitrust plaintiffs often cite the legislative history of the Foreign Trade Antitrust Improvements Act to support application of U.S. antitrust law to alleged injuries abroad, but as a California federal court recognized recently in Figaro v. Apple, the cited history does no such thing, say Daniel Swanson and Eli Lazarus at Gibson Dunn.
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Independent Regulator Could Chip Away At FIFA Autonomy
After the U.K.'s recent proposal for an independent football regulator, FIFA's commitment to safeguarding football association autonomy remains unwavering, despite a history of complexities arising from controversies in the bidding and hosting of major tournaments, say Yasin Patel at Church Court Chambers and Caitlin Haberlin-Chambers at SLAM Global.
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A Look At 3 Noncompete Bans Under Consideration In NYC
A trio of noncompete bills currently pending in the New York City Council would have various effects on employers' abilities to enter into such agreements with their employees, reflecting growing anti-noncompete sentiment across the U.S., say Tracey Diamond and Grace Goodheart at Troutman Pepper.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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DOJ's Safe Harbor Policy May Quietly Favor M&A Enforcement
In a change that has received little attention, the U.S. Justice Department's recently codified safe harbor policy essentially reads the Antitrust Division's criminal enforcement out of the policy entirely, and now appears to favor merger enforcement in antitrust, rather than criminal enforcement, as originally intended, say Daniel Oakes and James Attridge at Axinn.
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Examining The Arbitration Clause Landscape Amid Risks
Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.
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How Policymakers Can Preserve The Promise Of Global Trade
Global trade faces increasing challenges but could experience a resurgence if long-held approaches adjust and the U.S. accounts for factors that undermine free trade's continuing viability, such as regional trading blocs and the increasing speed of technological advancement, says David Jividen at White & Case.
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10 Areas To Watch In Aerospace And Defense Contracting Law
The near future holds a number of key areas to watch in aerospace and defense contracting law, ranging from dramatic developments in the space industry to recent National Defense Authorization Act updates, which are focused on U.S. leadership in emerging technologies, say Joseph Berger and Chip Purcell at Thompson Hine.
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Opinion
Proposed MDL Management Rule Needs Refining
Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.
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Why Oncology Deal Making Continues To Fuel Biotech M&A
The biotech sector's potential for advancements in cancer care continues to attract deal-maker interest, and the keys to successful mergers and acquisitions include the ability to integrate innovative therapies, leverage technological advancements and respond to the dynamic needs of patients, say Bryan Luchs and Mike Weir at White & Case.