Competition

  • June 27, 2016

    The Firms That Won Big At the Supreme Court

    While the usual appellate powerhouse firms scored big at the U.S. Supreme Court in the 2015 term, a dark horse managed to emerge with a spotless 5-0 record, and a veteran boutique was able to shape landmark rulings on both the Affordable Care Act and the Obama administration’s executive orders on immigration. Here, Law360 takes a look at how the country’s top firms performed at the high court this session.

  • June 27, 2016

    The Top Supreme Court Dissents Of The Term

    While Justice Antonin Scalia's death resulted in a Supreme Court term notably lacking his famously pithy, well-reasoned dissents, the justices still managed to make their ire known. Here, we look at the most noteworthy dissents of the term and how Scalia's absence made a mark.

  • June 27, 2016

    The Supreme Court Term By The Numbers

    A vacant seat on the court. Controversial decisions on abortion and affirmative action. A judicial deadlock on immigration. For the U.S. Supreme Court, it was both business as usual and a session unlike any other. Here, Law360 takes a deep dive into the numbers behind the high court's latest term, examining the vote counts, overturn rates and dissents from this divided court.

  • June 27, 2016

    The Funniest Moments Of The Supreme Court's Term

    Late Justice Antonin Scalia joked about taking bribes, Justice Stephen Breyer imagined a hot dog detector and Chief Justice John Roberts needed help deciphering a young lawyer's lingo. Amid the customary seriousness of this term's U.S. Supreme Court arguments, there were some memorable moments of courtroom comedy. Here, Law360 looks back at humorous highlights from the past year.

  • June 27, 2016

    Hueston Hennigan DQ Order Stands In Kickback Fraud Suit

    A California federal judge didn’t budge Friday from an earlier ruling disqualifying Hueston Hennigan LLP from representing the California State Compensation Insurance Fund in a pair of kickback suits against physicians over the firm’s simultaneous representation of an individual charged in a related criminal action, saying signed conflict of interest waivers didn’t reflect “informed written consent.”

  • June 27, 2016

    A Divided Court Finds New Ways To Be Unanimous

    The U.S. Supreme Court's struggle to avoid 4-4 splits this term led to a new kind of unanimity, experts say, with the four justices in the ideological middle forging consensus on narrow points of law.

  • June 27, 2016

    FIFA To Take Over Argentine Soccer Amid Fraud Allegations

    The Argentine soccer association, already reeling from a loss in the Copa America Centenario final and the potential retirement of superstar Lionel Messi, is now being taken over by a FIFA Council-appointed "normalization" committee after its president became embroiled in a fraud investigation.

  • June 27, 2016

    RJR Nabisco Ruling Allows Libor Rigging Claims, Judges Told

    The investors behind four class actions alleging dozens of financial institutions manipulated interbank benchmark rates have sent letters to New York federal judges arguing the U.S. Supreme Court’s recent RJR Nabisco decision allows the racketeering claims they leveled in their suits.

  • June 27, 2016

    High Court Reins In DOJ With Tightened Bribery Standard

    In its last major opinion of the term, the U.S. Supreme Court on Monday drew a line in the sand for the U.S. Department of Justice in public corruption cases, with the unanimous court vacating the conviction of former Virginia Gov. Bob McDonnell and saying that mere politicking cannot support bribery charges.

  • June 27, 2016

    8 Wasn't Enough For Lawyers Seeking High Court Clarity

    The eight-justice U.S. Supreme Court failed to reach majority decisions in some of the most closely watched cases of the term, leaving controversial legal questions unanswered and underscoring the stakes of the political fight over the late Justice Antonin Scalia's replacement.

  • June 27, 2016

    Attorneys React To High Court's Political Bribery Ruling

    The U.S. Supreme Court on Monday established a new standard for bribery charges against politicians, overturning the corruption conviction of former Virginia Gov. Bob McDonnell and rejecting the government’s broad definition of an “official act” that can support a bribery charge. Here, attorneys tell Law360 why the decision in McDonnell v. U.S. is significant.

  • June 27, 2016

    Judge Removes Self From Prepa Kickback Suit

    A federal magistrate judge on Monday removed herself from a class action alleging Puerto Rico’s financially troubled electric utility Prepa took kickbacks from its fuel energy suppliers, after she discovered a conflict stemming from her time representing the U.S. Environmental Protection Agency.

  • June 27, 2016

    Biz Data Services Regs Will Slow 5G, FCC Commish Says

    The Federal Communications Commission’s plan to adopt a new regulatory regime for business data, or special access, services risks slowing down the rollout of 5G wireless, Republican Commissioner Michael O’Rielly said Monday, slamming the proposal.

  • June 27, 2016

    Calif. Judge Moves AmEx Fraud Liability Row To NY

    A California federal judge on Friday ruled that New York is the proper venue for claims against American Express Co. in a putative class action lawsuit alleging the credit card company and others conspired to shift fraud risk to merchants during the rollout of microchip-enabled cards.

  • June 27, 2016

    Chinese Billionaire Faces Fresh Indictment In UN Bribe Case

    Prosecutors told a New York federal judge Monday they plan to soon file a fresh indictment against Chinese billionaire Ng Lap Seng and his alleged henchman Jeff Yin, the two remaining defendants in a case alleging corruption at the heart of the United Nations that has seen three defendants admit guilt and one die.

  • June 27, 2016

    FTC Says Ill. Merger Case Shouldn’t Sway 3rd Circ. Appeal

    The U.S. Federal Trade Commission told the Third Circuit Monday that an Illinois federal judge's ruling against it in its fight to prevent the merger of two Chicago-area hospitals should not impact the appellate court's review of a similar merger in Pennsylvania because the cases are fundamentally different.

  • June 27, 2016

    Settlement Paves Way For $6.6B Australian Freight Takeover

    Australian freight logistics firm Asciano Ltd. said on Monday it has reached a settlement with a group of shareholders about its joint venture with logistics provider ACFS Port Logistics, thus removing a legal obstacle that had blocked its AU$9 billion ($6.6 billion) takeover by logistics company Qube Holdings Ltd. and Brookfield Infrastructure Partners.

  • June 27, 2016

    Doctor Groups Back Texas Medical Board In Antitrust Appeal

    The American Medical Association on Monday urged the Fifth Circuit Court of Appeals to reverse a lower court's order allowing an antitrust case to proceed against the Texas Medical Board, arguing that the board's proposed rule is an allowed exercise of state policymaking and thus immune from antitrust liability.

  • June 27, 2016

    Verizon & XO Urge FCC To Ignore Dish Protest To $1.8B Deal

    Verizon Communications Inc. pushed back at Dish Network Corp.’s objections to Verizon's $1.8 billion purchase of XO Holdings Inc.'s fiber-optic network business, telling the Federal Communications Commission in a letter Friday that the satellite TV company is simply going on a fishing expedition.

  • June 27, 2016

    UK Constitution Could Hold The Key To Reversing Brexit

    As the fallout from the U.K.’s historic vote to leave the European Union continues, the Scottish government and other pro-Europe die-hards have been searching for legal leverage to reverse the referendum’s outcome.

Expert Analysis

  • Ranbaxy: Court Recognizes Fraud-On-The-FDA Antitrust Claim

    Jonathan Berman

    In a significant expansion of antitrust jurisprudence, the Massachusetts federal magistrate judge in Meijer v. Ranbaxy sided with the plaintiffs, who asserted that Ranbaxy violated the Sherman Act by allegedly obtaining an exclusivity period through fraudulent submissions to the U.S. Food and Drug Administration. But similar complaints may not survive motions to dismiss, says Jonathan Berman of Jones Day.

  • The Cloud And Ethical Considerations For Lawyers

    Bradley S. Shear

    Despite regular news stories detailing the need to update our digital privacy laws and increase our cybersecurity protections, law firms and in-house legal departments should feel confident that utilizing cloud providers with strong privacy and security protections will not breach their ethical obligation to clients, says Bradley Shear of the Law Office of Bradley S. Shear LLC.

  • A Few Important Decisions From The 'Inferior' Courts

    Fred Taylor Isquith

    With all eyes on the U.S. Supreme Court, litigation lawyers may have glanced quickly at important cases coming from the lower courts and providing guidelines on confidentiality orders, picking off plaintiffs, the treatment of buried disclosure in securities litigation, and antitrust pleadings, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Creating A Partial Solution To Delayed Generic Competition

    Gregory S. Asciolla

    Although the recently proposed CREATES Act leaves some competitive concerns unanswered, and raises some additional questions, it provides a starting point to address some of the issues affecting consumer access to cheaper generic and biosimilar drug products in the United States, say Gregory Asciolla and Matthew Perez at Labaton Sucharow LLP.

  • The Many Uses Of Shell Companies

    Glenn Pomerantz

    Most of the publicity surrounding the Panama Papers has focused on the important role that shell companies have played in the laundering of the proceeds of criminal activity and in tax evasion. Understanding how shell companies can be used to engage in criminal behavior is critical to protecting an organization. Let’s look at some of the most common schemes, say Glenn Pomerantz and Brian Mich of BDO Consulting.

  • How Lawyers Can Harness The Power Of Social Media

    Monica Zent

    It’s important to first decide what your personal brand is. Are you a crusader? A wry observer? A compassionate witness? Your social media presence doesn’t have to reflect the deepest aspects of your identity — it’s merely an image that you project, says Monica Zent, founder and CEO of Foxwordy Inc.

  • Home Depot's Credit-Card Antitrust Claims: Privacy Takeaways

    Andrew Phillips

    A recent bombshell lawsuit by Home Depot alleges patterns of antitrust violations, illegal collusion and anti-competitive conduct by the Visa and MasterCard credit card networks. For consumers concerned with payment card security, the suit highlights potential weaknesses in some U.S. payment card technologies, says Andrew Phillips of McGuireWoods LLP.

  • From The Partner's Desk: Tips For Recent Law Grads

    Gary M. Gansle

    One of the most prevalent complaints by associates and recent law school graduates is the lack of meaningful mentoring by more seasoned attorneys. Gary Gansle, leader of Squire Patton Boggs LLP's Northern California employment law practice, offers several tips as a light that can help junior attorneys start down the right path in their career development.

  • FTC's Confusing Attempt To Comply With The E-Warranty Act

    Karen F. Lederer

    There are no proposed Federal Trade Commission revisions to the Magnuson-Moss Warranty Act that would permit, under any circumstances, the use of the internet to supply the warranty document to a consumer who has purchased the product — an option seemingly required by the E-Warranty Act, says Karen Lederer at Troutman Sanders LLP.

  • 'Taking My Talents To South Beach': Law Firm Version

    MarkACohen.jpg

    LeBron James has established his worth by tangible metrics. He cashed in on a free agent bonanza fueled by the NBA’s economic model that supports his regal compensation. But such is not the case when it comes to first-year associate salaries of $180,000 at certain law firms and $2,000 an hour billing rates for certain partners, says Mark A. Cohen, founder of Legal Mosaic LLC.