Competition

  • March 31, 2015

    Delta, Aeromexico Seek Antitrust Immunity For $1.5B JV

    Delta Air Lines Inc. and Grupo Aeromexico SAB on Tuesday said they were petitioning the U.S. Department of Transportation to grant them antitrust immunity for a $1.5 billion joint venture on flights between the U.S. and Mexico.

  • March 31, 2015

    Software Developer Denies Kickbacks To Ex-NJ Party Boss

    A software developer testified Tuesday in the racketeering trial of former New Jersey Democratic power broker Joseph Ferriero that he didn't think he was arranging to pay kickbacks to the politically connected attorney for his assistance in securing municipal business.

  • March 31, 2015

    AT&T Can't Pull Plug On FTC's Data Throttling Suit

    A California federal judge on Tuesday refused to let AT&T Corp. out of a Federal Trade Commission suit accusing it of throttling service for unlimited data plans, rejecting the mobile company’s argument that it’s a common carrier exempted from the Federal Trade Commission Act.

  • March 31, 2015

    3 Reasons Kraft & Heinz Won't Land In Regulatory Purgatory

    While most megamergers on the level of the one between Kraft Foods Group Inc. and H.J. Heinz Co. — which will create the third-largest food and beverage group in the U.S. and the fifth-largest in the world — face stiff antitrust scrutiny, experts say the combination of these two food industry giants will likely go off without a hitch. Here, Law360 looks at three reasons Kraft and Heinz shouldn't have any trouble getting regulatory clearance.

  • March 31, 2015

    Panasonic To Pay $5.4M To Settle Auto Parts Price-Fixing Suit

    Panasonic Corp. will pay $5.4 million to settle auto dealerships' allegations in three Michigan federal suits that it fixed prices on switches and other parts, after striking a separate $17.1 million deal in the multidistrict litigation, a Monday filing said.

  • March 31, 2015

    Wal-Mart Escapes Investor Suit Over Mexican Bribery Claims

    An Arkansas federal judge on Tuesday dismissed a consolidated shareholder derivative suit accusing Wal-Mart Stores Inc.'s board of concealing Mexican bribery claims from investors, ruling the plaintiffs failed to show the board knew about the supposed bribery or alleged efforts to torpedo a thorough investigation.

  • March 31, 2015

    FTC Commish Says High Court Win Won't Burden State Boards

    The Federal Trade Commission's recent U.S. Supreme Court victory over North Carolina's dental board in a dispute over state action antitrust immunity doesn't create any "terribly onerous" requirements for boards to meet to avoid liability, Commissioner Maureen Ohlhausen said Tuesday.

  • March 31, 2015

    Acquitted Fla. Mayor Wins Legal Battle To Resume Office

    A Florida judge ruled Tuesday that Miami Lakes, Florida, Mayor Michael A. Pizzi Jr., whose suspension was lifted after he was acquitted of federal bribery and extortion charges but was then blocked by the town from assuming his elected position, should be restored to office with back pay and benefits.

  • March 31, 2015

    NY Court Revives MPEG's $4M Converter Box Royalty Suit

    A New York appeals court on Tuesday revived patent-pool manager MPEG LA LLC’s bid to rope the owners of GXI International LLC into a breach of contract suit seeking to extract nearly $4 million from the company for television converter box royalties, finding that the business's owners were involved enough to be named as alter ego defendants.

  • March 31, 2015

    Rising Star: Covington's Jeffrey Davidson

    Covington & Burling LLP partner Jeffrey Davidson helped craft the strategy Samsung Electronics Co. Ltd. and other liquid crystal display panel makers used to escape most of Motorola Mobility Inc.'s $3.5 billion price-fixing claim, landing him a spot on Law360’s list of top competition attorneys under the age of 40.

  • March 31, 2015

    Ohio Health System Pays $10M To Settle FCA Allegations

    Ohio-based Robinson Health System Inc. will pay $10 million to settle allegations it violated the False Claims Act and anti-kickback laws through improper financial relationships with referring doctors, the U.S. Department of Justice announced Tuesday.

  • March 31, 2015

    Judge Won't Toss NJ Tax Lien Bid-Rigging Case Over Delays

    A New Jersey federal judge on Tuesday refused to toss an indictment against an investor who allegedly conspired to manipulate the bidding process for tax lien auctions in state municipalities, despite his claims that litigation delays are violating his right to a speedy trial.

  • March 31, 2015

    Ex-Im Bank Escapes Suits Over Aircraft Export Finance

    The U.S. Export-Import Bank on Monday escaped a trio of suits brought by Delta Air Lines Inc. and others, alleging its aircraft financing procedures had wrongly given a leg up to foreign airlines, after a Washington, D.C., federal judge ruled the plaintiffs lacked standing.

  • March 31, 2015

    Cephalon Wants FCA Off-Label Marketing Claims Axed

    Pharmaceutical company Cephalon Inc. urged a Pennsylvania federal judge on Tuesday to nix a pair of whistleblower suits accusing it of spurring false reimbursement claims to the government through a scheme to promote three of its drugs off-label.

  • March 31, 2015

    EU Lawmakers Advance Measure To Clean Up Benchmarks

    European Union lawmakers advanced a measure on Tuesday to clean up benchmarks used to price EU citizens’ mortgages, loans and bonds in a bid to make them more trustworthy after the influential tools have endured rigging scandals in recent years.

  • March 31, 2015

    5th Circ. OKs Health Exec’s Conviction In $100M Bribes Case

    A former health insurance executive convicted for providing kickbacks to government officials to secure roughly $100 million in contracts lost an appeal on Monday before the Fifth Circuit, which ruled his lawyer's representation of a co-defendant in the scheme did not prove a conflict of interest. 

  • March 31, 2015

    Robert Bosch To Pay $58M In Auto Parts Cartel Plea Deal

    The Department of Justice on Tuesday said auto parts supplier Robert Bosch GmbH has agreed to plead guilty and pay a $57.8 million criminal fine for conspiring to fix prices for spark plugs and other auto parts.

  • March 31, 2015

    Ranbaxy, AstraZeneca Say Plaintiffs Lack Basis For New Trial

    Ranbaxy Inc. and AstraZeneca PLC urged a Massachusetts federal court Monday to deny a bid by plaintiffs who lost a recent pay-for-delay class action trial over the heartburn drug Nexium to file a supplemental submission, saying it provided no basis for a new trial.

  • March 31, 2015

    Aetna Ignoring Key Claims In $120M Kickback Suit, Court Told

    A Houston-area hospital on Monday labeled as “lackluster” Aetna Life Insurance Co.’s response to claims that it is judge-shopping in a $120 million lawsuit over alleged kickbacks and exorbitant billing, telling a Texas federal court that Aetna essentially ignored the bulk of the hospital’s claims. 

  • March 31, 2015

    Ex-FBI Agent Gets 10 Years For Obstructing Kickback Probe

    A former FBI agent received a 10-year prison sentence in Utah federal court Monday for using his position to obstruct a grand jury investigation of a defense contractor who was allegedly part of a $54 million kickback scheme.

Expert Analysis

  • Ethics In The Tech Age: What Every Lawyer Should Consider

    J.S. “Chris” Christie Jr.

    In light of recent changes to the ABA Model Rules of Professional Conduct, what are a lawyer’s ethical duties arising from new technology? And what should a lawyer know about this technology? Bradley Arant Boult Cummings LLP partner J.S. “Chris” Christie Jr. offers an in-depth assessment of what every lawyer should consider in 2015.

  • China's Plan For State-Owned Enterprises Impacts FCPA Risk

    Ryan Bonistalli

    Although the details of China’s recently announced plan to restructure and consolidate its state-owned enterprises are still unknown, the prospect of any change to China’s vast SOE network raises potentially significant considerations for legal and compliance officials dealing with the definition of “foreign official” under the Foreign Corrupt Practices Act, say Ryan Bonistalli and Alex Brackett of McGuireWoods LLP.

  • 3 Lingering Questions After China’s Qualcomm Ruling

    Lipeng Mei

    China’s National Development and Reform Commission recently stated that it was unreasonable that Qualcomm Inc. did not provide a list of licensed patents to licensees. In theory, this makes perfect sense. In practice, however, there are many obstacles for a licensor with a large patent portfolio to strictly comply with the ruling, say Lipeng Mei, an anti-monopoly enforcement official with the Chinese government, and Lei Mei of Mei & Mark LLP.

  • Mediation And The Thorny Issue Of Settlement Authority

    Douglas H. Flaum

    Many mediation orders state that attendees must have “full settlement authority” without providing clarity as to what that term actually means. Attendance by just outside counsel or a corporate spokesperson is not enough, even if someone else with full settlement authority is just a phone call or keystroke away, say Douglas Flaum and Kevin Broughel of Paul Hastings LLP.

  • Brazil Continues To Ramp Up Anti-Corruption Enforcement

    Nicholas Berg

    The recently disclosed Bilfinger bribery scandal related to the 2014 FIFA World Cup in Brazil, along with other Brazilian anti-corruption enforcement and regulatory developments, has reinforced the importance to companies doing business in Brazil of implementing effective compliance policies and procedures, say Nicholas Berg and David Rojas of Ropes & Gray LLP.

  • DOJ Investigation Into Generic Pharma: You Could Be Next

    Mark Rosman

    The recent disclosures by generic pharmaceutical companies regarding the U.S. Department of Justice probes suggest that the list of products under investigation could be expanding much like in the auto parts investigation, say Mark Rosman and Seth Silber of Wilson Sonsini Goodrich & Rosati PC.

  • FTC’s Nonpublic Investigations Aren't Always Nonpublic

    Joe Ostoyich

    The Federal Trade Commission is required to preserve the confidentiality of the existence of its investigations and all of the company information and witness testimony obtained during its investigations. Yet a detailed internal report of the FTC staff’s investigation of Google Inc. for antitrust violations recently became front-page news. And unfortunately this disclosure was not an isolated occurrence, say attorneys with Baker Botts LLP.

  • Biomet Again Underscores FCPA Risks In Life Sciences

    Gary Giampetruzzi

    While few details have been disclosed relating to the historic extension of Biomet Inc.'s deferred prosecution agreement, its warning is clear — where prosecutors question a company’s candor, cooperation or remediation of issues, the grip of formal oversight will not be easily released, say attorneys with Paul Hastings LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • UK Competition And Markets Authority Targets Local Markets

    Alan Davis

    The U.K. Competition and Markets Authority's recent settlement with an association of estate and lettings agents, three of its members and a newspaper publisher is notable as an indication of the CMA's ambition to be more active in relation to cartel enforcement compared with its predecessor, say Matt Evans and Alan Davis of Jones Day.