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Competition
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May 31, 2024
Off The Bench: NCAA Transfers Freed, Atty Plays Cards Right
In this week's Off the Bench, the NCAA agrees to more historic rule changes while experts examine its post-House settlement future, and a patent lawyer looks back at his transformation into a poker champion.
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May 31, 2024
Colo. Judge Will Consider Kroger Divestiture Plan
A Colorado state judge ruled Friday that Kroger Co. can discuss its latest divestiture plan at a hearing on the attorney general's request to temporarily block a $24 billion proposed merger with Albertsons, saying federal courts have not excluded such evidence from similar injunction proceedings.
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May 31, 2024
Texas Judge Opts Not To Recuse And Tosses Chamber Suit
A Texas federal judge has thrown out the U.S. Chamber of Commerce's suit seeking to block the Federal Trade Commission from implementing a ban on noncompete clauses because a different plaintiff was first to file, adding he declined to recuse himself because no companies in his stock portfolio were parties in the case.
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May 31, 2024
NJ Judge Says Mortgage Lender's Counterclaim Falls Flat
A New Jersey federal judge tossed an unfair competition counterclaim brought by Nationwide Mortgage Bankers Inc. in a trade secrets suit by its rival Paramount Residential Mortgage Group, ruling that Nationwide Mortgage's counterclaim allegations do not actually count as unfair competition under Garden State law.
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May 31, 2024
Nationwide's Planned £2.9B Virgin Money Deal Gets UK Probe
The Competition and Markets Authority said Friday it has opened a formal probe into Nationwide Building Society's plans to buy Virgin Money for £2.9 billion ($3.7 billion), which they say would create a combined group with assets of approximately £366 billion.
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May 30, 2024
Healthcare Data Co. Says Blocked Access Could Kill Patients
A healthcare data company asked a Maryland federal court on Thursday to stop a rival from blocking access to nursing home patient records it said are needed to identify potential complications that could lead to hospitalization or death.
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May 30, 2024
Albright Urged To Up Flypsi's $12M Trial Win Against Google
A Texas jury verdict requiring Google to pay $12 million in damages to software developer Flypsi Inc. for patent infringement is insufficient, Flypsi has told U.S. District Judge Alan Albright, asking the court to order a damages retrial or award it ongoing royalties and require Google to pay attorney fees.
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May 30, 2024
Only One Landlord Allowed To Duck DC RealPage Suit
One of several landlords that stands accused by the District of Columbia of using property management platform RealPage to fix the price of rentals has managed to convince a D.C. Superior Court judge to kibosh the claims against the real estate investment trust permanently.
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May 30, 2024
X Corp. Aims For 'Jugular' In Defamation Suit, Watchdog Says
Media Matters for America says X Corp. shouldn't be allowed to target the left-leaning media watchdog's "financial jugular" by accessing its donor lists or its most sensitive financial documents, asking a federal judge Wednesday to reject the social platform's attempt to force production of the documents in a defamation suit.
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May 30, 2024
Defendant Dropped From Calif. Broker Commissions Case
A California federal judge has dismissed a multiple listing service from a proposed antitrust class action that accused the service and several real estate brokerages of engaging in a conspiracy to artificially inflate buyer broker commissions on home sales.
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May 30, 2024
Jury Awards Electric Jet Startup $72M In Boeing IP Case
A Washington federal jury said Thursday that The Boeing Co. should pay Zunum Aero Inc. $72 million for misappropriating the electric jet startup's trade secrets and souring a deal with a potential investor, in an award partially subject to trebling under state law.
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May 30, 2024
Sorority, Ex-Affiliate End Trademark Suit After Mediation
A sorority and a former affiliate have agreed to scrap a trademark dispute alleging the affiliate continued to use the sorority's name and symbols after their relationship had been severed.
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May 30, 2024
Divided FTC Won't Delay Kroger-Albertsons In-House Case
The Federal Trade Commission's three Democrats refused Wednesday to delay the agency in-house challenge to Kroger's $24.6 billion purchase of Albertsons, blaming the grocery giants for their scheduling challenges and drawing a sharp dissent from the FTC's two Republicans.
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May 30, 2024
Gas Station Chain Owes Wash. Tax For In-Network Sales
A Pacific Northwest gas station chain that issued fuel cards to customers must pay the Washington state business and occupation tax when holders of those cards purchase gas from other participating gas station chains, a Washington appeals court panel found, partially upholding the trial court.
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May 30, 2024
DOJ's Kanter Says AI Cos. Could Exploit Creators
The head of the U.S. Department of Justice Antitrust Division, Jonathan Kanter, said Thursday that a lack of competition between artificial intelligence companies could allow them to exploit writers, artists and other content creators.
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May 30, 2024
FTC, Novant Ask To Delay In-House Trial On Merger Challenge
The Federal Trade Commission and Novant Health have asked to postpone an upcoming administrative hearing over the nonprofit's proposed purchase of two North Carolina hospitals, a purchase that regulators are concerned will dampen competition in the region, according to a notice filed in federal court.
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May 30, 2024
Wine Distribution Giants Must Face Provi's Antitrust Suit
The nation's two largest wine and distilled spirits distributors must face unfair competition claims from an online marketplace accusing them of illegally trying to stifle competition and shut it out of the market, an Illinois federal judge determined Thursday.
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May 30, 2024
EU Court Rejects Appeal Over Spanish Port Tax Breaks
The European Union's Court of Justice on Thursday upheld a lower court ruling that corporate tax exemptions Spain extended to seaports were illegal state aid, brushing aside arguments that a more thorough economic analysis was warranted to prove the tax breaks bestowed an unfair advantage.
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May 30, 2024
Sen. Dems Call On DOJ To Prevent Price-Fixing In Oil Industry
Senate Majority Leader Chuck Schumer, D-N.Y., led a group of Senate Democrats in calling on the U.S. Department of Justice on Thursday to do everything in its power to prevent and prosecute price-fixing and collusion in the oil industry.
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May 30, 2024
NCAA V. Athletes Suits Paused As Parties Talk Final Deal
The consolidated cases in the class action against the NCAA over athletes' name, image and likeness compensation were stayed by a California federal judge Thursday, the next step toward finalizing the multibillion-dollar settlement the two sides reached last week.
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May 30, 2024
What To Watch As The FTC Targets Drug Patent Listings
The Federal Trade Commission has been scrutinizing patents listed by drugmakers on a key federal database, warning several companies that their listings are improper and drive up drug prices. Here's a look at what the agency and others could do next.
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May 30, 2024
KKR's $24B NetCo Buy Gets EU Regulatory Approval
The European Commission said Thursday it has approved KKR & Co.'s planned $23.7 billion acquisition of NetCo from Italian telecommunications provider TIM Group, paving the way for the close of one of the largest deals announced last year.
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May 30, 2024
VR Fitness App Ends $353M Antitrust Row With Meta, For Now
An app developer that sued Meta, Mark Zuckerberg and others seeking $353 million for alleged antitrust violations after the social media platform reneged on a deal to launch the plaintiff's virtual reality fitness app voluntarily dropped his case, for now, according to a notice filed Wednesday in California federal court.
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May 30, 2024
NCAA To End Transfer Rules In Deal With DOJ
The NCAA agreed on Thursday to stop enforcing all rules governing athletes transferring from one institution to another, as part of a proposed consent decree filed by the U.S. Department of Justice to settle an antitrust suit against the organization by 10 states and the District of Columbia.
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May 30, 2024
Ex-Air Cargo Exec Who Took $6.7M In Kickbacks Gets 4 Years
A Manhattan federal judge sentenced a German-born former air cargo executive to four years in prison Thursday for a decadelong course of corruption in which he personally took over $6.7 million in kickbacks, saying the wealthy defendant acted out of "pure greed."
Expert Analysis
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Reassessing Trade Secrets Amid Proposed Noncompete Ban
The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.
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Mitigating The Risk Of Post-Closing M&A Earnout Disputes
Today's uncertain deal environment makes a well-crafted earnout an excellent way for parties to accomplish a desired transaction that would not otherwise occur, but transacting parties also need to take key steps to avoid the risk of post-closing disputes that earnouts can present, say Chad Barton and Claire Lydiard at Holland & Knight.
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What's On The Horizon In Attorney General Enforcement
A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.
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Planning For Stymied HSR Filings At FTC If Shutdown Occurs
If the government were to shut down in early March, the inability to submit Hart-Scott-Rodino filings with the Federal Trade Commission would grind transactions to a halt, and parties should consider numerous implications as they are negotiating or planning to close pending transactions, say attorneys at DLA Piper.
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How High Court SEC Case Could Affect The ITC
While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.
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HR Antitrust Compliance Crucial Amid DOJ Scrutiny
The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.
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Mass Arb. Rule Changes May Be A Hindrance For Consumers
The American Arbitration Association's recent changes to its mass arbitration supplementary rules and fee schedule, including a shift from filing fees to initiation and per-case fees, may reduce consumers' ability to counteract businesses' mandatory arbitration agreements, say Eduard Korsinsky and Alexander Krot at Levi & Korsinsky.
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ChristianaCare Settlement Reveals FCA Pitfalls For Hospitals
ChristianaCare's False Claims Act settlement in December is the first one based on a hospital allegedly providing private physicians with free services in the form of hospital-employed clinicians and provides important compliance lessons as the government ramps up scrutiny of compensation arrangements, say attorneys at Sheppard Mullin.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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The Latest Antitrust Areas For In-House Counsel To Watch
The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.
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NCAA's Antitrust Litigation History Offers Clues For NIL Case
Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.
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Opinion
Proposed Rule Could Impair MDL Flexibility, Harm Plaintiffs
While proposed Federal Rule of Civil Procedure 16.1 is intended to enhance the management of multidistrict litigation proceedings, its one-size-fits-all requirements could stifle the flexibility that judges need to address the varying circumstances of MDLs effectively, and jeopardize plaintiffs' ability to pursue justice, say Christopher Seeger and Jennifer Scullion at Seeger Weiss.
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Litigation Funding Implications Amid Post-PACCAR Disputes
An English tribunal's recent decision in Neill v. Sony, allowing an appeal on the enforceability of a litigation funding agreement, highlights how the legislative developments on funding limits following the U.K. Supreme Court's 2023 decision in Paccar v. Competition Appeal Tribunal may affect practitioners, say Andrew Leitch and Anoma Rekhi at BCLP.
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Healthcare Collabs Can Alleviate Labor, Antitrust Challenges
Two major challenges facing hospitals and health systems include labor shortages and increased antitrust scrutiny at both federal and state levels, but collaborative efforts may help with addressing these difficulties, says Sumaya Noush at McDermott.