Competition

  • May 27, 2016

    NJ Tax Lien Investor Gets Probation For Bid-Rigging

    An investor who pled guilty to rigging bids connected to municipal tax lien auctions in New Jersey was sentenced to one year of probation and a $20,000 fine in federal court Thursday.

  • May 27, 2016

    FERC Fines Pa. Trading Firm $42M For Market Manipulation

    The Federal Energy Regulatory Commission on Friday imposed $42 million in penalties and disgorgement on a shuttered Pennsylvania trading firm and its employees for alleged electricity market manipulation, rejecting their claims that the trading activity was legitimate.

  • May 27, 2016

    Target Can't Hide CRT Price-Fixing Settlement, Judge Rules

    A California federal judge Friday said Target and ViewSonic must reveal settlement agreements with defendants in multidistrict litigation over alleged price-fixing in the market for cathode ray tubes in televisions, saying the settlement amounts will help remaining defendants “decide whether to proceed to trial.”

  • May 27, 2016

    Ex-Chicago Transport Official To Pay Back $680K In Bribes

    A former Chicago transportation official convicted of helping to steer $124 million in city contracts will have to forfeit $680,000 as part of his punishment because prosecutors proved he accepted that amount in bribes, an Illinois federal judge ruled Friday.

  • May 27, 2016

    Chinese Phone Co. Can’t Cite Ericsson Arbitration Loss

    A California federal judge refused Thursday to find that Ericsson Inc. charged a Chinese mobile phone developer an excessive rate for standard-essential patents for wireless technology, saying it would be unfair to apply an arbitration decision issued in a licensing dispute between Ericsson and another company.

  • May 27, 2016

    DOJ Sticks By BBA's Airport Facilities Sale In $2B Merger

    The federal government Friday rejected the city of Dallas' concerns over aircraft servicing company BBA Aviation PLC's sale of refueling operations at six airports required to complete a $2 billion merger, telling a D.C. federal court the city didn't adequately address whether the proposed remedy would cure antitrust violations.

  • May 27, 2016

    Ex-NY Senate Leader Skelos Appeals Corruption Conviction

    Former New York State Senate majority leader Dean Skelos on Thursday launched an appeal of his conviction and five-year prison sentence for using his powerful position in Albany to solicit illegal payments from real estate, insurance and environmental consulting businesses.

  • May 27, 2016

    Google Shareholder Seeks Political Transparency

    Clean Yield Asset Management sent a letter to Alphabet Inc. shareholders Thursday urging them to vote in favor of a proxy measure that would require Google’s parent company to disclose details about its political donations, saying some of its efforts have already caused harm to its reputation.

  • May 27, 2016

    Lipitor Retailers Push 3rd Circ. To Revive Pay-For-Delay Claims

    Walgreen, Rite Aid and other retailers urged the Third Circuit Friday to revive claims that Pfizer paid Ranbaxy to postpone releasing a generic of the cholesterol drug Lipitor and said Pfizer’s argument that the case should go to the Federal Circuit if the district court’s dismissal is overturned is incorrect.

  • May 27, 2016

    Comcast Accused Of Collusion By Pa. Cable Installers

    Comcast told small cable installers to "ramp up" their installation services while knowing it would later fire them in favor of two national installation companies, two contractors alleged in a lawsuit filed in Pennsylvania federal court Thursday.

  • May 27, 2016

    Sainsbury-Home Retail Deal Questioned By UK Watchdog

    Britain's competition watchdog announced Friday that it has launched an inquiry into supermarket chain J Sainsbury Plc's £1.3 billion ($1.9 billion) acquisition of Home Retail Group, the parent company of popular U.K. retailer Argos, saying it was looking into whether the deal might harm competition in the region.

  • May 27, 2016

    Medical Device Co. Says IP Suit Triggers Defamation Policy

    Hernia mesh manufacturer Tela Bio Inc. told a New Jersey federal judge on Thursday that its insurance company is required to cover its defense costs in a trade secret infringement suit, saying allegations rise to the level of defamation covered under its policy.

  • May 27, 2016

    InterDigital Continues Fight For Quick Appeal In SEP Suit

    InterDigital continued its push to immediately appeal a ruling that kept alive Microsoft's antitrust case over licensing terms for standard-essential patents, telling a Delaware federal judge Thursday that the requested appeal would be efficient and worthwhile.

  • May 26, 2016

    ITC To Probe Chinese Steel For Unfair Trade Practices

    The U.S. International Trade Commission said Thursday it will investigate U.S. Steel's allegations that Chinese steel producers fixed prices, stole trade secrets and circumvented trade duties by misreporting the manufacturers and origins of their products.

  • May 26, 2016

    Critics Scoff At Developing Forex Market Code Of Conduct

    Global regulators on Thursday unveiled their first pass at a uniform code of conduct for the foreign exchange market following a wave of multibillion-dollar rate-rigging settlements, but critics said the proposal was too long in coming and not complete enough to make any meaningful change.

  • May 26, 2016

    Toshiba Fights Class Cert. Bid In Lithium-Ion Battery MDL

    Toshiba Corp. blasted a class certification bid in multidistrict litigation in California federal court accusing it and others, including Samsung, Maxell and Sony, of fixing prices on lithium-ion battery cells, saying an expert falsely determined the entire putative class was harmed.

  • May 26, 2016

    Korean Ramen Buyers Seek Class Cert. In Price-Fixing Row

    Buyers of Korean ramen noodles asked a California federal judge Wednesday to let them pursue antitrust claims on a class basis, saying that they all overpaid for the imported noodles because of a price-fixing conspiracy.

  • May 26, 2016

    Chamber Report Says Yates Memo Discourages Cooperation

    The U.S. Department of Justice runs the risk of discouraging corporations from cooperating with investigations under the so-called Yates Memo, the U.S. Chamber of Commerce's Institute for Legal Reform said in a report Thursday, arguing that workers could be pitted against their employers under the policy.

  • May 26, 2016

    UK Modeling Agencies Broke Antitrust Laws, Says Regulator

    The U.K.’s competition watchdog alleged on Wednesday that a trade association and five modeling agencies — including entities that have previously represented models such as Naomi Campbell, Christy Turlington and Kate Moss — violated the nation’s competition laws by coordinating prices and sharing confidential information with each other.

  • May 26, 2016

    Uber Pushes For Arbitration In Price-Fix Antitrust Row

    Uber has pushed to intervene and force arbitration in a putative class action antitrust suit against the company's CEO, arguing that users of the ride hailing app can’t use the CEO to get around an arbitration agreement in its terms of use.

Expert Analysis

  • Behind The Curtain: Technical Advisers In Complex Cases

    Christopher S. Finnerty

    During complex litigation, litigants often retain consulting experts to help them understand any intricate aspects of social and natural sciences present in a case, but the federal rules provide no such mechanism for the presiding judge. That is where technical advisers come in, say attorneys at K&L Gates LLP.

  • Preventing Competitive Harm In AB InBev-SABMiller Merger

    Andre P. Barlow

    Despite no geographic overlap in any local market, the U.S. Department of Justice required comprehensive behavioral conditions to prevent New Charter from engaging in future anti-competitive conduct against its smaller rivals. The DOJ should take the same tough and sophisticated approach to protecting consumers from the much larger Anheuser-Busch InBev-SABMiller merger, says Andre Barlow of Doyle Barlow & Mazard PLLC.

  • 5 Tips For Negotiating And Drafting Joint E-Discovery Plans

    Anthony J. Rospert

    Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.

  • Who Won In High Court's Luis Decision?

    James J. Bell

    Obviously, the Sixth Amendment’s right to counsel was a big winner after the U.S. Supreme Court's decision in Luis v. United States. But practically speaking, there may be no winners, says James Bell of Paganelli Law Group LLC.

  • Megamergers Under The Microscope

    Randy Gordon

    If the failed Halliburton-Baker Hughes and Staples-Office Depot mergers collectively constitute a bellwether, we can expect to see fewer horizontal competitors propose mergers in markets that are already concentrated, says Randy Gordon of Gardere Wynne Sewell LLP.

  • Not So Fast, Ohio: FERC Weighs In On Wholesale Energy

    Joseph H. Fagan

    The Federal Energy Regulatory Commission recently affirmed its role in ensuring reasonable rates for wholesale sales of electric energy in Ohio. But state utilities seek to further their objectives without invoking FERC jurisdictional issues, and if other states aim to advance their public policy initiatives using similar methods, it could impose higher costs on captive retail customers, say Joseph Fagan and David Doot at Day Pitney LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • New Corporate Offenses In UK: What US Cos. Should Know

    Susannah Cogman

    The U.K. government's intention to create new corporate offenses as part of the fight against corruption would be a very significant initiative, both from the perspective of the criminal exposure of corporate entities and from the perspective of the scale of the compliance programs that they must implement. U.S. practitioners will need to be aware of the likely extraterritorial scope of these offenses, say Susannah Cogman and James... (continued)

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.

  • Creating Barclay Damon: Lessons From A Law Firm Merger

    John P. Langan

    Joining two firms with long histories meant not only combining cultures, philosophies and deeply rooted ways of doing business, but also combining two IT systems, two accounting systems, and two ways of handling many other administrative functions. It didn't help that the firms had different fiscal year ends, says John Langan, managing partner of Barclay Damon LLP.