Competition authorities ramping up enforcement efforts, complicated international transactions and hazy legal standards are just some of the things causing antitrust practitioners and their clients to lose sleep. Here, competition attorneys share their current sources of insomnia.
After a grueling two-and-a-half hour hearing Wednesday on opposing motions for summary judgment, a New York federal judge sounded unconvinced by either side in a U.S. Securities and Exchange Commission suit alleging that three former executives of Hungary’s largest telecommunications firm paid bribes and violated the Foreign Corrupt Practices Act.
A California Superior Court judge said Wednesday she would probably deny Uber’s bid to arbitrate claims it used fake Lyft accounts to request rides and send drivers from the rival company on “wild goose chases,” finding contracts the lead plaintiff signed as an Uber driver didn’t affect his case as a Lyft driver.
A small cable and Internet supplier in Missouri is urging the Federal Communications Commission to exempt smaller pay-TV providers from its broadband plan, claiming that encrypting its cable service in accordance with the rules would burden it with providing cable boxes to all of its TV customers.
A Massachusetts federal judge responded to U.S. Department of Justice prodding by reviving a False Claims Act suit over health product supplier CCS Medical Inc.'s alleged illicit acceptance of kickbacks, concluding Wednesday that a safe harbor may not apply.
Two Royal Dutch Shell PLC affiliates accused of manipulating crude market prices cannot use the Second Circuit’s recent nix of aluminum futures price-fixing claims to escape the allegations the pair face, landowner and derivatives trader plaintiffs told a New York federal court Wednesday.
Counsel on both sides of a $300 million antitrust suit against boxer Floyd Mayweather's manager were threatened with monetary sanctions Wednesday for failing to adhere to a case management schedule.
Hillary Clinton, the American Medical Association and U.S. Sen. Richard Blumenthal, D-Conn., on Wednesday joined the chorus of outrage against Mylan NV for increasing the price of its epinephrine injector EpiPen from $100 in 2009 to at least $500 or $600 in 2016.
Cisco Systems Inc. couldn’t secure a quick win against competitor Arista Networks Inc. over its copyright claims involving computer network technologies after a California federal judge said Tuesday there are disputed issues of material fact over the originality of and Cisco’s ownership in the disputed interface.
Essar Steel Minnesota LLC and its parent asked a Delaware bankruptcy judge Tuesday for the chance to take discovery of larger rival Cliffs Natural Resources Inc., which the debtors suspect of interfering with its contractual relationships to stymie the completion of an iron ore manufacturing project — a possible violation of the Sherman Act.
More than three dozen mayors and city leaders sent their “support and solidarity” Wednesday to colleagues in Tennessee and North Carolina who championed municipal broadband autonomy after a key policy adopted by the Federal Communications Commission was struck down by the Sixth Circuit.
Charter Communications added its voice to the growing industry chorus crying foul over the Federal Communications Commission's proposed framework of new rules for high-bandwidth business internet services, calling on the agency to scrap the scheme Tuesday.
A Missouri federal court on Wednesday denied a bid by Express Scripts to dismiss an antitrust lawsuit brought by compounding pharmacies, saying they had adequately alleged the company engaged in a conspiracy to boycott the pharmacies to eliminate them from the market.
Architecture and design firm CannonDesign will pay $12 million to settle criminal claims that its executives paid bribes and kickbacks to a government official in exchange for confidential information about Veterans Affairs construction projects, federal prosecutors in Ohio announced Wednesday.
The Federal Communications Commission's aggressive agenda has resulted in a flurry of meetings and filings in recent weeks during what is often a quieter period running up to the presidential election, with groups registering particular concern over the FCC's regulatory plans for set-top boxes and the special access market. Here, Law360 looks at the top organizations lobbying the FCC in the past month.
The Home Depot Inc. joined the fray stemming from a proposed class action accusing DuPont and other chemical makers of fixing the price of a paint ingredient, filing its own suit in California federal court Tuesday to keep alive some claims that were trimmed from the larger litigation.
The U.S. Department of the Treasury again highlighted its concerns with European Commission investigations into American corporations that have cut tax deals with European Union member countries, arguing Wednesday that the probes depart from prior EU case law and could increase barriers to cross-border investment.
Maruyasu Industries Co. Ltd. has asked an Ohio federal court to dismiss charges by the U.S. Department of Justice alleging the company took part in a conspiracy to rig bids for the supply of automotive parts, saying the court does not have jurisdiction over the Japan-based company.
The Committee on Foreign Investment in the United States' approval of ChemChina's $43 billion acquisition of Syngenta is the largest-ever outbound Chinese acquisition, and experts say the green light bodes well for future deals that will have to be approved by the committee because CFIUS evaluates the merits of each deal without being influenced by outside factors.
Credit Suisse, Deutsche Bank and Morgan Stanley escaped a proposed class action accusing them of violating the Employee Retirement Income Security Act with deals tied to alleged rigging of the foreign exchange market when a New York judge ruled Tuesday the banks didn’t have a say in the plans’ investments.
A former Chicago city official told a federal judge on Monday that 10 years is too long a sentence for his part in a bribery scheme over a red-light camera contract, saying the government's decadelong sentencing recommendation is based on wrong information.
The Federal Trade Commission is poised to take the next step — perhaps the most significant one in its century-long history — in the evolution of its approach to merger enforcement. This evolution is apparent in the context of retail markets, as illustrated by FTC decision-making and analysis in the recent Safeway and Family Dollar transactions, say former FTC Commissioner Joshua Wright and Theodore Serra of Wilson Sonsini Goodrich & Rosati PC.
In their July 29 response to our Law360 article critiquing the stock-price approach to assessing reverse-payment settlements, advocates of the “smoking gun” viewpoint described our position as "incorrect in theory, empirically and legally.” We disagree with this sweeping assertion, say members of Analysis Group Inc.
To guide overwhelmed jurors toward a calm, logical defense verdict in a high-stakes case, an attorney can apply the same psychological techniques that were developed in the treatment of substance abuse, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.
Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.
The five institutional challenges confronting the Federal Trade Commission deal with fundamental assumptions that guided the agency’s creation. These challenges are policy perennials and will face the agency regardless of who wins the 2016 presidential election, says former FTC Chairman William Kovacic, a professor at George Washington University Law School.
The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.
The Standard Merger and Acquisition Reviews Through Equal Rules Act — known as the “SMARTER Act” — simply seeks to codify how the Federal Trade Commission has used administrative litigation for proposed mergers in the past 20 years, and ensures that parties are subjected to the same legal standard when the FTC or DOJ seeks to block a merger, say former FTC Commissioner Terry Calvani and Hiram Andrews of Freshfields Bruckhaus Deringer LLP.
I wish the Federal Trade Commission and its dedicated officials well in their service to the public interest — but I also wish the agency would do still better in its adherence to these principles and in fulfilling the competition and consumer protection missions entrusted to it. That requires the insight to distinguish good intentions from wisdom and busyness from progress, says former FTC Commissioner Andrew Strenio, a partner a... (continued)
Often, the lead counsel in a case maintains sole contact with the client and makes substantive decisions, relying upon the local counsel only to serve in the requisite capacity to satisfy jurisdictional procedures. Therein lies the problem — absent appropriate precautionary measures, the local attorney faces equal malpractice exposure for the substantive, strategic decisions of the lead counsel, say Patrick (Sean) Ginty of CNA Glob... (continued)
There are several risks involved with signing a "standard" mediation confidentiality agreement, both to your clients and to yourself. Once you recognize these risks, you will never sign a standard MCA again, at least not without a lot of thought and a lot of disclosures to your client, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.