Caremark Rx, Express Scripts and OptumRx have lodged a constitutional challenge of the Federal Trade Commission's in-house case accusing the pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes.
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THURSDAY, NOVEMBER 21, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

PBMs Sue To Block FTC's In-House Insulin Pricing Case

By Matthew Perlman

Caremark Rx, Express Scripts and OptumRx have lodged a constitutional challenge of the Federal Trade Commission's in-house case accusing the pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes.

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Apple Says DOJ Case Has Too Much Speculation To Survive

By Bryan Koenig

Apple's attorneys pressed a New Jersey federal judge Wednesday to toss the U.S. Department of Justice's monopolization lawsuit, asserting in oral arguments that the government is simply trying to force them to work with rivals when attacking controls imposed on iPhone app developers.

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Attys Slam Deceptive NIL Settlement Services In NCAA Case

By Elaine BriseƱo

Class counsel in the massive NCAA name, image and likeness lawsuit have asked a California federal court to intervene with third-party servicing companies that are using misleading information while offering claims-filing services to class members in order to profit from the proposed $2.78 billion settlement.

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Cross-Border Sales Were Unlawful Monopoly, Feds Say

By Elliot Weld

Prosecutors have urged a Texas federal judge to deny a dismissal bid from two people accused of using violence to monopolize cross-border sales of used cars, saying the individuals were not operating the lawful clerical service they claimed to be running.

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DOJ Urges Chrome, Android Sales In Google Case

By Bryan Koenig

The U.S. Department of Justice late Wednesday formally asked a Washington, D.C., federal judge to order a range of steps to end Google's monopolization of general search services and the text ads shown alongside search results, most notably by forcing the company to spin off the Chrome browser.

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POLICY & REGULATION

Musk, Ramaswamy Say High Court Rulings OK Federal Cuts

By Lauren Berg

Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.

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INTERNATIONAL

UK Drops Probe Into Google's Investment In AI Startup

By Dawood Fakhir

The partnership between Google's parent Alphabet Inc. and the U.S. artificial intelligence startup Anthropic PBC does not qualify for investigation under the merger rules, Britain's antitrust authority said Wednesday at the end of the first phase of its investigation.

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Pfizer, Flynn Still Face Fines Over Epilepsy Drug Sale To NHS

By Matthew Perlman

Britain's competition tribunal issued a ruling Wednesday imposing £69 million ($87.2 million) in fines on Pfizer Ltd. and Flynn Pharma Ltd. for claims they overcharged for an epilepsy drug, after setting aside a decision from enforcers and finding its own violations.

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LITIGATION

Wash. Judge Questions Startup's Amazon Antitrust Claims

By Greg Lamm

A Washington federal judge on Wednesday suggested that antitrust claims might not survive in a startup's complaint against Amazon Web Services involving a dispute over higher-speed internet connections in the Middle East that allowed the startup to cater to its customer Epic Games.

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FERC Says There's No Need To Ref Mich. Grid Upgrade Fight

By Madeline Lyskawa

The Federal Energy Regulatory Commission defended its decision that Michigan Electric Transmission Co. failed to establish that shared ownership of new grid updates needed to serve a Michigan solar farm was necessarily precluded, telling the D.C. Circuit the electric utility hasn't shown how it's harmed.

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Pa. Jury Finds Clothing Co. Infringed Penn State Trademarks

By Matthew Santoni

Online retailer Vintage Brand infringed Pennsylvania State University's trademarks by selling unlicensed merchandise with "historic" images associated with the university, a Keystone State federal jury has found.

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Ohio Mortgage Co. Gets Rival To Change Name In TM Fight

By Hayley Fowler

A Michigan mortgage company has agreed to change its name to end a trademark infringement lawsuit brought by a rival business in Ohio that claimed it was fielding complaints from confused customers over allegedly questionable telemarketing practices.

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EXPERT ANALYSIS

Expect Surging Oil And Gas Industry Under New Trump Admin

Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.

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Opinion

The Right Kind Of Deregulation In Commercial Airline Industry

Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.

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LEGAL INDUSTRY

BigLaw Begins Matching Milbank On Associate Bonuses

By Aebra Coe

Following the news Tuesday that Cravath Swaine & Moore LLP will pay associates year-end and special bonuses in line with those handed out by Milbank LLP this year, the firms' peers have begun to respond, with swift matches Wednesday by Paul Hastings LLP and McDermott Will & Emery LLP.

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DOJ Settles With Atty Who Reported Judge's Sexual Misconduct

By Lauren Berg

A former Alaska federal prosecutor who made allegations of sexual misconduct against then-U.S. District Judge Joshua Kindred has reached an undisclosed settlement with the U.S. Department of Justice resolving claims she suffered retaliation for speaking up, the U.S. Office of Special Counsel said Wednesday.

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Foley Shouldn't Face Data Breach Claims, Calif. Panel Says

By Dorothy Atkins

A California appellate panel affirmed the dismissal of Accellion Inc.'s cross-complaint against law firm Foley & Lardner LLP in an insurance company's lawsuit claiming the software-maker should be held liable for a $1 million ransomware attack that targeted the law firm, finding that Accellion's cross-claims are untimely.

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Weil Litigation Leaders Jump To Paul Weiss In NY

By Tracey Read

The co-chair of Weil Gotshal & Manges LLP's global litigation department and the co-head of Weil's patent litigation practice will soon be joining Paul Weiss Rifkind Wharton & Garrison LLP in New York, the latter firm announced Wednesday.

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Akerman Opens In Charlotte With 2 Moore & Van Allen Hires

By Xiumei Dong

Akerman LLP announced Wednesday the firm opened its second North Carolina office in Charlotte and brought on two new partners from Moore & Van Allen PLLC, including the former head of its renewable energy project finance team and a tax law expert.

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Judiciary Touts Reforms In Handling Workplace Complaints

By Ryan Boysen

The federal judiciary is successfully reforming the controversial process that aims to protect its 30,000 employees from sexual harassment in the workplace, according to a new internal report released Wednesday, even as lawmakers have called for scrapping that process altogether and replacing it with a new one.

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Trump Wants 'Immediate Dismissal' Of NY Hush Money Case

By Frank G. Runyeon

President-elect Donald Trump's legal team told the New York judge who presided over his hush money trial that his conviction should be thrown out due to his "overwhelming victory" at the polls, according to a filing released Wednesday.

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House Dem Proposes Vote Forcing Release Of Gaetz Report

By Hailey Konnath

U.S. Rep. Sean Casten on Wednesday introduced a resolution that would require the House of Representatives to vote on whether the House Ethics Committee must release its report on the allegations against former U.S. Rep. Matt Gaetz, a proposal unveiled the same day the ethics committee failed to reach a consensus.

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Fed. Judges Still Seek New Bench Seats Amid Dems' Loss

By Courtney BublƩ

The Federal Judges Association is urging the House to pass the bipartisan bill that would expand the federal courts in order to meet rising caseloads, even as the Biden administration appears to be cooling on the idea it once supported.

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Calif. Judicial Nominee Asked About Race, Parenting Writings

By Courtney BublƩ

A California judicial nominee's previous writing about the murder of George Floyd in 2020, which sparked a national reckoning on race, was the subject of debate during a Senate nomination hearing on Wednesday.

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Washington State, DC District Court Picks Secure Seats

By Courtney BublƩ

The Senate on Wednesday voted 50-48 to confirm Washington Court of Appeals Judge Rebecca L. Pennell to the Eastern District of Washington and 50-49 to confirm Amir Ali, former president and executive director of the MacArthur Justice Center and co-director of the Criminal Justice Appellate Clinic at Harvard Law School, to the District of Columbia.

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Girardi Pushes For New Trial Over Competency Claims

By Cara Salvatore

Counsel for Tom Girardi told a federal judge the disbarred attorney is plainly mentally incompetent and deserves a new trial over charges he defrauded clients of $15 million worth of settlement money.

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LAW FIRMS IN TODAY'S NEWS

Akerman LLP

Anderson & Kreiger

ArentFox Schiff LLP

Baker Botts

Breskin Johnson

Brick Court Chambers

Cleary Gottlieb

Clifford Chance

Cravath Swaine

Dechert LLP

Dinsmore & Shohl

Fletcher Heald

Foley & Lardner

Gibson Dunn

Gilbert Employment Law

Girardi & Keese

Gordon Rees Scully Mansukhani

Hagens Berman

Husch Blackwell

Jenner & Block

Jones Day

Kilpatrick Townsend

Kirkland & Ellis

Latham & Watkins

Lundrigan Law Group

Macfarlanes LLP

McDermott Will & Emery

McGuireWoods

Milbank LLP

Monckton Chambers

Moore & Van Allen

NechelesLaw

Patterson Belknap

Paul Hastings

Paul Weiss

Perkins Coie

Ropes & Gray

Rule Garza

Sampson Dunlap

Schaffer Kennedy

Sidley Austin

Spector Roseman

Stokes Lawrence

Venable LLP

Walsh Pizzi

Weil Gotshal

Wilkinson Stekloff

Williams & Connolly

WilmerHale

Wilson Sonsini

Winston & Strawn

COMPANIES IN TODAY'S NEWS

Aetna Inc.

Alphabet Inc.

Amazon.com Inc.

American International Group Inc.

Anthropic PBC

Apple Inc.

Atlantic Coast Conference

Boston University

CVS Health Corp.

Chevron Corp.

ConocoPhillips Co.

Consumer Attorneys of San Diego

Corporation for Public Broadcasting

Danner Inc.

Diamondback Energy Inc.

Epic Games Inc.

Express Scripts Holding Co.

Exxon Mobil Corp.

Google LLC

Hess Corp.

JetBlue Airways Corp.

Kiteworks USA LLC

LinkedIn Corp.

Marathon Oil Corp.

Microsoft Corp.

Midcontinent Independent System Operator Inc.

Mozilla Corp.

National Collegiate Athletic Association

New York University

Optum Inc.

PG&E Corp.

Pac-12 Enterprises LLC

Pfizer Inc.

Pioneer Natural Resources Co.

Planned Parenthood Federation

Princeton University

Roivant Sciences Ltd.

Samsung Electronics Co. Ltd.

Spirit Airlines Inc.

Tesla Inc.

The Cigna Group

The Leadership Conference on Civil & Human Rights

UnitedHealth Group Inc.

Wells Fargo & Co.

Wolverine Power Supply Cooperative Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Economic Analysis

Bureau of Labor Statistics

Bureau of Land Management

Bureau of Ocean Energy Management

Competition Appeal Tribunal

Competition and Markets Authority

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Energy Regulatory Commission

Federal Judicial Center

Federal Reserve System

Federal Trade Commission

Internal Revenue Service

International Trade Commission

Judicial Conference of the United States

Manhattan District Attorney's Office

National Health Service

National Labor Relations Board

New Jersey Attorney General's Office

New York County District Attorney's Office

New York Supreme Court, New York County

Office of the Attorney General for the District of Columbia

Patent Trial and Appeal Board

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the District of Alaska

U.S. Attorney's Office for the District of New Jersey

U.S. Attorney's Office for the Southern District of Texas

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Department of Justice

U.S. Department of Transportation

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Missouri

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of California

U.S. District Court for the Western District of Washington

U.S. Government Accountability Office

U.S. House of Representatives

U.S. Merit Systems Protection Board

U.S. Office Of Special Counsel

U.S. Securities and Exchange Commission

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the Eastern District of Washington

United States District Court for the Southern District of Ohio