Competition

  • October 31, 2024

    Drug Cos. To Pay $49M For State-Led Generic Pricing Claims

    A contingent of state-level enforcers reached settlements totaling $49.1 million on Thursday with Heritage Pharmaceuticals Inc. and Apotex Corp. for their alleged part in a wide-ranging conspiracy to inflate the price of generic drugs.

  • October 31, 2024

    X Corp. Plays Discovery 'Games' To Shield Musk, Judge Told

    Left-leaning watchdog Media Matters for America fired another broadside at X Corp. Wednesday in an ongoing discovery battle between the parties, telling a Texas federal judge that the social media company continues to "play games about discovery" to shield Elon Musk and keep unfavorable evidence from the defendants.

  • October 31, 2024

    4th Circ. Told Door-Maker's $10M Claim Double-Dips Coverage

    A Travelers unit says it shouldn't have to fork over $10 million in excess coverage to a North Carolina door manufacturer that paid $39.5 million to settle a securities class action, telling the Fourth Circuit that the case stems from a flurry of antitrust litigation that began before its policy went into effect.

  • October 31, 2024

    Scott + Scott Sues Robins Kaplan For $5M In Swipe Deal Fees

    Scott + Scott Attorneys at Law LLP alleged in a New York state court lawsuit that Robins Kaplan LLP, its co-counsel in antitrust litigation over Visa Inc. and Mastercard's interchange fees, is withholding $5 million in promised payouts from the case's $5.6 billion settlement.

  • October 31, 2024

    6th Circ. Wrestles With Reach Of FCC's Net Neutrality Powers

    Sixth Circuit judges on Thursday sought to clear up what one described as a "close call" over how much authority Congress gave the Federal Communications Commission to regulate internet traffic when lawmakers overhauled telecommunications law in 1996.

  • October 31, 2024

    9th Circ. Won't Revive 'Ghost Cattle' Contract Fight With Tyson

    The Ninth Circuit said Thursday a rancher who admitted to invoicing Tyson Foods Inc. for nonexistent cattle cannot sue the meat company for allegedly using his name and photograph in marketing materials without giving him a cut of the profits, rejecting the rancher's argument that Tyson had agreed orally to the deal.

  • October 31, 2024

    Rebar Giant's Economist Rips Rival's 'Narrow' Antitrust Market

    Commercial Metals Co.'s expert economist testified in a federal antitrust jury trial Thursday that Pacific Steel Group's theory of the rebar market is "too narrow" by only focusing on California, although he conceded under cross-examination that CMC sold most of its rebar within 500 miles of its since-shuttered California mill.

  • October 31, 2024

    Ill. Judge Doubts Hillrom's Bid For Rival's Communications

    An Illinois federal judge signaled hesitation Thursday over hospital-bed maker Hillrom's bid for a rival's communications it asserts will show that the rival lodged untimely antitrust claims, saying the company may be "skipping a step" by asserting their importance.

  • October 31, 2024

    FCC's Senior Republican Blasts Bulk-Billing Restrictions

    One-half of the Federal Communicatiions Commission's Republican minority is coming out strong against the majority's plans to restrict bulk billing for broadband services, saying that the commission was under pressure by the Biden administration to "raise the price of Internet service for Americans living in apartments by as much as 50%."

  • October 31, 2024

    Meta Users Fight Uphill For Cert., But Advertisers Have A Shot

    A California federal judge who was asked to certify two classes in litigation alleging that Facebook parent Meta Platforms monopolized the social media advertising market and misused users' data said Thursday that the users' damage theory wasn't "plausible," but appeared open to the advertisers' claim they suffered the same alleged injury.

  • October 31, 2024

    Teams Suing NASCAR Demand To Race In 2025

    Two NASCAR teams are asking a North Carolina federal judge to ensure that they can still compete in the top racing circuit in 2025 while they pursue antitrust action against the organizer, saying that the league enforces its monopoly by pressuring teams to drop any claims to remain in competition.

  • October 31, 2024

    Oversight GOP Reps. Take Big Swing At FTC Chair

    House Republicans on Thursday accused Federal Trade Commission Chair Lina Khan of becoming a "political tool" of the Biden administration, which they say has undermined the independent nature of the agency.

  • October 31, 2024

    Ex-Prez Who Stole Secrets Must Be Stopped, Company Says

    A Colorado company that makes environmental control technology for aircraft is asking a federal judge to enjoin its former president and other ex-employees from developing a competing product, arguing that it has already lost at least one customer worth "several million dollars" to the alleged trade secret theft.

  • October 31, 2024

    Monthly Merger Review Snapshot

    Kroger and Albertsons endured overlapping trials in cases challenging their planned grocery store megamerger, as the Federal Trade Commission got a major fashion industry deal paused and pushed its bid to block the $4 billion merger of Tempur Sealy and Mattress Firm.

  • October 31, 2024

    Temu Faces EU Probe Over Sale Of Illegal Products

    The European Commission said Thursday it is launching an investigation into Temu over concerns that the discount e-commerce platform is allowing the sale of illegal goods and the site has potential addictive features.

  • October 31, 2024

    The 2024 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.

  • October 31, 2024

    Firms' Hiring Strategies Are Evolving In Fight For Top Spot

    Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.

  • October 31, 2024

    Mayer Brown Adds German Litigation Pro From Freshfields

    Mayer Brown LLP has hired a litigation and arbitration expert as a partner in its office in Düsseldorf, Germany, as the firm moves to bolster its cross-border contentious matters and commercial disputes practice.

  • October 31, 2024

    Teva Fined €463M For Blocking Rival MS Drug Launch

    The European Union antitrust enforcer hit pharmaceutical giant Teva with a €463 million ($502 million) fine Thursday for launching a smear campaign against a rival multiple sclerosis drug and misusing the patent system to thwart the competitor's attempt to enter the market.

  • October 30, 2024

    FDA Didn't Flub Approval In Orphan Drug Case, DC Court Says

    The U.S. Food and Drug Administration didn't err in determining that a rival narcolepsy treatment is not the "same drug" as Jazz Pharmaceuticals' exclusive treatment, a D.C. federal judge ruled Wednesday, holding that the FDA's approval of the rival drug didn't run afoul of the Orphan Drug Act.

  • October 30, 2024

    Google Workers Want Antitrust 'Gag Order' Lifted

    A union for Google workers is demanding the company rescind a directive ordering employees not to discuss the government's search monopolization case against the tech giant or the remedies that could be imposed after the court found Google violated antitrust law.

  • October 30, 2024

    Realtor.com's Parent Can Amend Costar Claims, Judge Rules

    A federal judge has ruled that Realtor.com's parent company can amend two claims alleging its rival Costar unlawfully accessed its computers but that it would not be limited in its Computer Fraud and Abuse Act claim to arguing that it suffered "technological harms."

  • October 30, 2024

    Prison Phone Co. GTL Gets OK On $17M Price-Fix Deal

    Prison phone company Global*Tel Link Corp will pay $17 million to escape claims that it colluded with two other companies to inflate the cost of calls made from inside U.S. prisons after a Maryland federal judge gave the deal her preliminary seal of approval Wednesday afternoon.

  • October 30, 2024

    Judge Embraces 'Law School Geekiness' In Ill. Swipe Fee Row

    An Illinois federal judge said Wednesday that she'd be "going back to law school" to study up after hearing more than two hours of robust arguments about whether she should block a first-of-its-kind Illinois law restricting certain credit card fees, as the banking industry said at least one bank was "freaking out" over possible compliance.

  • October 30, 2024

    T-Mobile Defends UScellular Spectrum Buy At FCC

    T-Mobile and United States Cellular Corp. urged the Federal Communications Commission to dismiss challenges to UScellular spectrum leases as it seeks to sell wireless operations to T-Mobile, arguing the dispute over the leases is unrelated to the wireless sale.

Expert Analysis

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Bayer Antitrust Case Hinged On Evolving Market Definition

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    Generic flea and tick medication manufacturer Tevra's evolving market definition played a key role in the development and outcome of its five-year antitrust litigation against Bayer Healthcare, highlighting challenges that litigants may face when a proposed definition is assessed at trial, say Amy Vegari and Colleen Anderson at Patterson Belknap.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • IP Hot Topic: The Intersection Of Trademark And Antitrust Law

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    Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Series

    After Chevron: What To Expect In Consumer Protection At FTC

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    Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.

  • RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny

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    The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.

  • Comparing 5 Administrators' Mass Arbitration Procedures

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    Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Considering Noncompete Strategies After Blocked FTC Ban

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    A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.

  • Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling

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    The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

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