Competition

  • July 31, 2015

    9th Circ. Won't Revive Antitrust Suit Against ICANN

    The Ninth Circuit on Friday refused to revive an antitrust and trademark infringement suit accusing the Internet Corporation for Assigned Names and Numbers of holding a monopoly on the domain-name market, saying there was no sign ICANN willfully acquired control of that market.

  • July 31, 2015

    Westfield Beats Trade Secret Misappropriation Claims

    Insurance broker Westfield Insurance Co. has prevailed in a suit alleging it unlawfully shared former agent Wellington F. Roemer Insurance Co.'s proprietary information and trade secrets with one of Roemer's competitors, with an Ohio state judge ruling that there is no evidence to show Westfield disclosed or used the information.

  • July 31, 2015

    Forex Suit Adds Japanese, Canadian, French, UK Banks

    Four foreign banks have been added as defendants to a class action that claims a number of banks orchestrated a conspiracy to rig the foreign exchange market, class counsel Scott & Scott LLP told a New York federal court on Friday.

  • July 31, 2015

    LA Coliseum Bribery Suit Won’t Pause For Criminal Trial

    A California judge on Friday refused to put on hold a long-running suit alleging a former Los Angeles Memorial Coliseum Commission official accepted bribes in exchange for reduced venue fees for two rave promoters, saying the promoters' Fifth Amendment rights in a pending criminal suit could be worked around.

  • July 31, 2015

    Whistleblower Points To Texas Rulings In Omnicare FCA Suit

    A whistleblower in a long-running $630 million False Claims Act suit against Omnicare Inc. on Thursday submitted two Texas federal decisions regarding Medicaid certification for the court to consider while deciding whether summary judgment should be granted.

  • July 31, 2015

    Visa, MasterCard Win Antitrust Suit Over WikiLeaks Blockade

    Visa Inc. and MasterCard Inc. didn’t violate federal antitrust laws when they suspended donations to WikiLeaks after the site released hundreds of thousands of classified government documents, a Virginia federal judge ruled Thursday.

  • July 31, 2015

    Settlement Prospects Dim In GE, Electrolux Antitrust Battle

    General Electric Corp., AB Electrolux Inc. and the government cast doubt on reaching a settlement in the Justice Department’s antitrust suit over the companies’ $3.3 billion tie-up on Friday, as a D.C. federal judge delayed the upcoming trial.

  • July 31, 2015

    DC Circ. Tells Net Neutrality Foes To Rethink Alphabet Soup

    A day after the challengers to the Federal Communications Commission’s net neutrality rules filed their opening briefs, the D.C. Circuit Clerk’s Office said they could really use some editing.

  • July 31, 2015

    Blagojevich To Ask 7th Circ. For En Banc Rehearing

    Former Illinois Gov. Rod Blagojevich will ask the full Seventh Circuit to reconsider a decision that upheld his convictions on 13 of 18 counts, his attorney confirmed Friday.

  • July 31, 2015

    Clorox Says 7th Circ. Must Decide Grocer's Bulk Price Claim

    The Clorox Co. urged a Wisconsin federal judge Thursday to allow its immediate appeal of his refusal to dismiss Woodman's Food Market Inc.'s price discrimination claims in its suit alleging Clorox refuses to sell it bulk-size products, arguing the appeal won't affect Woodman's remaining antitrust claim.

  • July 31, 2015

    NJ Devils Ticket Holders Get Another Shot On Resale Suit

    A New Jersey federal judge on Thursday denied the New Jersey Devils' motion to dismiss a putative class action claiming the team is trying to control the market for game tickets, to allow the plaintiffs to file an amended complaint bringing breach of contract claims against the team.

  • July 31, 2015

    Google Can't Escape Architect's $120M Trade Secret Suit

    Google Inc. must face the bulk of an architect's claims that the tech titan stole his trade secrets valued at $120 million for a process to design and build more cost-effective, environmentally sustainable buildings after a California judge Friday rejected Google's arguments that the architect wasn't party to their agreements.

  • July 31, 2015

    2 FCC Commissioners Push For Action In Charter Deal Review

    The Republican commissioners on the Federal Communications Commission urged commission leadership Thursday to begin reviewing a proposed $55 billion merger of Charter Communications Inc. and Time Warner Cable Inc., decrying the commission’s inability to move on from a confidential records issue.

  • July 31, 2015

    Milk, Cheese Buyers End Antitrust Suit Against Dairy Co-Op

    Consumers have ended their class action against the Dairy Farmers of America Inc., a leading dairy cooperative, over an alleged plot to drive up milk and cheese prices, according to a Thursday filing in Illinois federal court.

  • July 31, 2015

    NCAA Granted Stay To Delay Student-Athlete Pay By 9th Circ.

    The Ninth Circuit agreed Friday to pause an injunction requiring the National Collegiate Athletic Association to lift its ban on universities compensating male football and basketball players until the court rules on the merits of the antitrust challenge to the policy.

  • July 31, 2015

    EU Launches Probe Of Proposed $5B FedEx, TNT Merger

    Europe’s antitrust watchdog said Friday that it is examining whether FedEx Corp.’s proposed €4.4 billion ($4.8 billion) acquisition of Dutch delivery service TNT Express NV would harm competition in the region’s small-package delivery market.

  • July 30, 2015

    3 Takeaways From 9th Circ.'s Motorola FRAND Decision

    By affirming Thursday that Motorola Inc. failed to license its standard-essential patents to Microsoft Corp. on fair terms, the Ninth Circuit endorsed the detailed process the trial judge devised for setting royalty rates for essential patents. Here are three things attorneys can learn from the decision.

  • July 30, 2015

    Cephalon Can’t Dodge Provigil Claims In FCA Off-Label Suit

    A Pennsylvania federal judge Thursday denied a bid by Cephalon Inc. to dismiss claims in a False Claims Act suit relating to off-label marketing of its drug Provigil, saying a recent high court ruling did not support Cephalon’s assertion that similar claims in a related whistleblower suit barred the instant claims.

  • July 30, 2015

    DOJ Faces Uphill Battle In Fattah Corruption Case

    While an exhaustive indictment handed down Wednesday accuses Rep. Chaka Fattah, D-Pa., of misappropriating federal funds and charitable donations to repay loans to his political supporters, attorneys tell Law360 that prosecutors will face an uphill battle proving the congressman was at the helm of the corruption scheme.

  • July 30, 2015

    Texas Court Won't Revive $6.4B Brenham Oil & Gas Suit

    A Houston court of appeals on Thursday refused to revive a $6.4 billion suit filed by Brenham Oil & Gas Inc. over alleged interference in a contract with the government of the African nation of Togo, saying the trial court was right to throw out the suit against TGS-NOPEC Geophysical Co. and ENI SpA on jurisdictional grounds.

Expert Analysis

  • 3 Class Actions Before The Supreme Court

    Fred T. Isquith

    Perhaps the case potentially most consequential is Campbell-Ewald Co. v. Gomez, which raises intriguing procedural issues and would affect any class action where the defendant offers to the plaintiff full damages and any feasible fees and costs, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • EU High Court Sets Important SEP Precedent

    Axel Gutermuth

    The EU high court's recent ruling in Huawei Technologies Co. Ltd. v. ZTE Corp. provided a significant amount of guidance on standard-essential patents, injunctions and abuse of dominance but addresses only some of the legal questions that SEP holders and alleged infringers face in these situations, and even the questions addressed are in part expressed in very broad terms inviting different interpretations, say Axel Gutermuth and C... (continued)

  • 7 Keys To Improving Your Direct Examination

    James Murray

    Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.

  • Why UK Backed Off From Loyalty Rebate Abuse Probe

    Diarmuid Ryan

    While the U.K. Competition and Markets Authority's decision to close its investigation into loyalty-inducing discounts offered by a pharmaceutical firm suggests a continuing reluctance to devote resources to complex abuse of dominance probes, the fact that the CMA investigated this for a year, together with the more active enforcement by other European competition authorities, shows that firms that may be dominant cannot afford to ... (continued)

  • China’s Focus On Commercial Bribery Is A Wake-Up Call

    Alex Brackett

    Earlier this month, six former employees of Tencent Holdings Ltd. were detained by Chinese authorities as part of a bribery investigation relating to payments made by online video content providers to Tencent employees. This case should remind companies that anti-corruption compliance involves more than just mitigating the risk of official bribery, say Alex Brackett and Ryan Bonistalli of McGuireWoods LLP.

  • Paging Providers, CMS Changes To Stark Law May Help You

    Linda A. Baumann

    The Centers for Medicare and Medicaid Services' proposed rule to simplify compliance with the Stark Law could benefit providers tremendously since the law is a strict liability statute and is increasingly being used by both whistleblowers and the government to impose multimillion-dollar judgments and settlements on hospitals and other health care providers, say attorneys at Arent Fox LLP.

  • Sigelman FCPA Trial Won't Affect DOJ Strategy

    Michael Volkov

    In the aftermath of the Foreign Corrupt Practices Act trial of former PetroTiger Ltd. CEO Joseph Sigelman, FCPA commentators are hyperventilating about “trends” and “lessons.” But there is not much to be learned from the federal prosecutors' loss — what happened at trial is nothing more than a regular occurrence in our criminal justice system, says Michael Volkov, CEO of The Volkov Law Group LLC and a former federal prosecutor.

  • EU InnoLux Ruling Affirms Potential For Higher Cartel Fines

    Matteo Bay

    The recent ruling by the EU Court of Justice in InnoLux Corp. v. European Commission confirmed that the commission is in specific circumstances permitted to take into account non-European Economic Area sales of cartelized inputs, but the decision is surprisingly limited in its analysis of jurisdictional issues, say attorneys with Latham & Watkins LLP.

  • Low Levels Of FCPA Enforcement Continued In Q2

    Marc Bohn

    Unless the pace of Foreign Corrupt Practices Act enforcement picks up considerably, as it did last year, 2015 is on track to be the lowest year in terms of resolved dispositions since 2005, say Marc Alain Bohn and Michael Skopets of Miller & Chevalier Chtd.

  • Ex Ante Vs. Ex Post: Janis Joplin’s Yearbook Revisited

    Paul E. Godek

    Fisher and Romaine’s well-known article, “Janis Joplin’s Yearbook and the Theory of Damages,” argues that commercial damages should be measured as of the time the challenged act occurred, an approach that has generally been favored. However, their argument is somewhat contrived, says Paul Godek, principal at MiCRA and a former economic adviser at the Federal Trade Commission.