• October 8, 2015

    HTC And 'Original Patent Troll' End Antitrust Suit

    A California federal judge signed off Thursday on a deal that ends an antitrust case accusing HTC Corp. of conspiring with other cellphone manufacturers to refuse to license intellectual property held by a company led by an attorney once described as "the original patent troll."

  • October 8, 2015

    Sen. Menendez Can't Dodge Corruption Charges, Judge Says

    A New Jersey federal judge on Thursday refused to dismiss most of the criminal charges in the corruption case against U.S. Sen. Robert Menendez, D-N.J., and a Florida eye doctor, holding that the defendants failed to shoot down the government's allegations of corruption and bribery.

  • October 8, 2015

    UN Chief Orders Audit Of NGOs Linked To Bribery Allegations

    U.N. Secretary-General Ban Ki-moon has requested an audit of two nongovernmental organizations linked to allegations that disgraced former General Assembly President John Ashe orchestrated a $1.3 million bribery scheme, Ban’s spokesman announced Thursday.

  • October 8, 2015

    CalSTRS Can’t Intervene In Yen Libor-Fixing Class Action

    The California State Teachers’ Retirement System cannot intervene as a plaintiff in a class action alleging yen-denominated Libor rate-fixing by banks including Deutsche Bank, HSBC and several Japanese banks, a New York federal judge ruled Thursday.

  • October 8, 2015

    Ex-Access CEO Deserves 4 Years For Fraud, Feds Say

    The former CEO for pharmaceutical marketing company Access Communications who was convicted of perpetrating a fraud scheme that cost his company millions deserves 51 months in prison, the federal government told a New York federal judge Wednesday. 

  • October 8, 2015

    CFPB Eyes Kickback Risk In Marketing Services Agreements

    The Consumer Financial Protection Bureau took a tough line Thursday on so-called marketing services agreements among firms that provide closing services on real estate transactions, saying such deals pose the risk of lenders engaging in illegal kickbacks.

  • October 8, 2015

    3 Japanese Auto Parts Execs Indicted In Cartel Probe

    A Kentucky grand jury has indicted three auto parts executives for their alleged roles in a conspiracy to fix the prices of body sealing products sold to Honda and Toyota, the U.S. Department of Justice announced Thursday.

  • October 8, 2015

    Franken Urges Intense Scrutiny For Charter-TWC Merger

    Sen. Al Franken, D-Minn., on Thursday urged U.S. officials to thoroughly scrutinize the proposed tie-up between Charter Communications Inc., Time Warner Cable Inc. and Bright House Networks LLC, voicing concerns that the deal could negatively impact the quality and affordability of broadband and cable services for consumers.

  • October 8, 2015

    Ex-Deutsche Trader Pleads Guilty To Role In Libor Plot

    A former Deutsche Bank currency trader pled guilty Thursday in New York federal court to charges alleging an eight-year plot to manipulate the published value of the key Libor interest rate, the U.S. Department of Justice said.

  • October 8, 2015

    CRT Purchasers Call Price-Fixing Deal, Atty Fees Unfair

    Indirect purchasers in massive multidistrict litigation alleging price-fixing by cathode ray tube manufacturers have objected to a $577 million case settlement and a request by their lead counsel for a fee award of 33 percent of the settlement, arguing the deal is unfair and the fees excessive.

  • October 8, 2015

    FIFA Ethics Committee Suspends Blatter And Others

    Beleaguered FIFA President Joseph “Sepp” Blatter has been suspended for 90 days amid a wide-ranging investigation into corruption within the business of global soccer and a new criminal case against Blatter by Swiss authorities.

  • October 8, 2015

    Anheuser 'Suprised' By SABMiller's Rejection Of $100B Offer

    Anheuser Busch on Thursday came to the defense of its hefty bid for rival brewer SABMiller, saying it is "surprised" that SABMiller rejected the £65.2 billion ($99.8 billion) offer.

  • October 8, 2015

    Dallas, Southwest, Delta, Feds Urge Action In Gate Suit

    While Delta and Southwest Airlines both made their cases to a Texas federal judge Wednesday on why they deserve to control gates at a publicly owned airport, the city of Dallas said it was neutral, but urged a preliminary decision amid competition concerns.

  • October 7, 2015

    FTC Chief Cautions Against Changing Merger Standards

    Under pressure from Republican lawmakers, Federal Trade Commission Chairwoman Edith Ramirez on Wednesday said that proposed legislation to align the legal standards used by the FTC and U.S. Department of Justice to block mergers would create uncertainty among the courts.

  • October 7, 2015

    Celgene Trying To Skirt $700M In FCA Claims, Relator Says

    A whistleblower on Wednesday blasted Celgene Corp.'s bid to exclude evidence in a False Claims Act suit over alleged off-label marketing of two cancer drugs, telling a California federal court the pharmaceutical company was simply trying to evade $700 million in damages owed to several states and the federal government.

  • October 7, 2015

    Hausfeld, Others To Helm Contact Lens Antitrust MDL

    A Florida federal judge overseeing multidistrict litigation accusing Johnson & Johnson Vision Care Inc. and other contact lens manufacturers of artificially inflating prices using unilateral pricing policies on Wednesday appointed Hausfeld LLP, Robins Kaplan LLP and Scott & Scott LLP as co-lead counsel.

  • October 7, 2015

    FIFA Hasn't Told Prez Blatter He's Benched, Lawyers Say

    Attorneys for FIFA President Joseph "Sepp" Blatter said Wednesday that the international soccer governing body’s ethics committee has not told Blatter about any disciplinary action, despite rumors that the committee had recommended a suspension amid corruption allegations from Swiss prosecutors.

  • October 7, 2015

    Hunton Nabs Ex-FTC Atty, Children's Online Privacy Expert

    Hunton & Williams LLP on Wednesday announced that it has shored up its advertising, consumer protection and privacy practices with the addition of a former chief of staff of the Federal Trade Commission’s advertising practices division, who championed revamping children’s online privacy protection rules.

  • October 7, 2015

    HHS Watchdog Warns Health Cos. On 'Info Blocking'

    The U.S. Department of Health and Human Services' internal watchdog released a policy alert warning on Tuesday, saying health care companies that prevent patient electronic health records from being shared, known as "information blocking," will not benefit from a safe harbor to federal anti-kickback laws.

  • October 7, 2015

    Silver Team Scraps With Gov't Over Jury Selection, Evidence

    In a testy preview of former New York State Assembly Speaker Sheldon Silver's November kickbacks and corruption trial, the ex-lawmaker's counsel scrapped with prosecutors Wednesday in New York federal court over how to pick jurors and the pace of evidence-sharing.

Expert Analysis

  • Hitachi Underscores Need For Robust FCPA Due Diligence

    Mark Mendelsohn

    A recent action against Hitachi Ltd. is further evidence of the U.S. Securities and Exchange Commission’s ability to use its expansive reach under the Foreign Corrupt Practices Act’s accounting provisions to police bribery and bribery-related conduct that it may not be able to reach under the anti-bribery provisions, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • What To Worry About When Selling Lab Outreach Businesses

    Paul A. Gomez

    Although sales of laboratory outreach businesses can help hospitals and health systems redeploy resources to core services and operations, anti-kickback statute concerns can be raised by the sale of such businesses if compensation paid to the hospital or health system exceeds what is consistent with fair market value for the business that is acquired, says Paul Gomez of Epstein Becker & Green PC.

  • Some Useful Insights From Steris-Synergy Merger Case

    Barbara T. Sicalides

    It is unlikely that the Ohio federal court's decision in Federal Trade Commission v. Steris will affect the viability of the future competition theory. However, some of the more practical elements of the case include a possible judicial roadmap for the review of mergers involving a potential market entrant, say Barbara Sicalides and Benjamin Eichel of Pepper Hamilton LLP.

  • A Post-Tuomey Future: Huge Stark Law Hospital Settlements

    T. Reed Stephens

    After the government's victory against Tuomey Healthcare System Inc., we have seen more large False Claims Act settlements with hospitals involving Stark Law allegations — relators are even citing as evidence of ongoing recklessness that hospital executives have been emailing articles about the Tuomey case to their staff, say Tony Maida and T. Reed Stephens of McDermott Will & Emery LLP.

  • 5 Things Clients Never Tell Their Lawyers


    Given the times we live in, it is almost inevitable that everyone will, sooner or later, need to consult with legal counsel. With that in mind, I thought it might be interesting to discuss a few things that clients just won't tell their lawyers, says Francis Drelling, general counsel of Specialty Restaurants Corp.

  • FTC Continues Antitrust Focus On Association Ethics Codes

    Andrew Bigart

    Although trade and professional association codes of ethics are generally viewed as promoting competition, the antitrust agencies continue to scrutinize restrictions that prevent members from competing against each other — exemplified by the Federal Trade Commission's recent proposed consent order against the National Association of Animal Breeders. Attorneys with Venable LLP explain how to limit potential risk.

  • O’Bannon Is A Tie But Weighs Against NCAA In The Long Run

    Timothy L. Epstein

    While the National Collegiate Athletic Association may claim a win over not having to make payments to athletes for licensing their names, images and likenesses, that victory should be tempered by both the Ninth Circuit’s refusal to give the NCAA any level of immunity from antitrust scrutiny and the possibility of loss on appeal, says Timothy Epstein of Duggan Bertsch LLC.

  • Lessons From Avon's FCPA-Related Settlements

    Riyaz Dattu

    When Avon Products Inc. first learned about potential Foreign Corrupt Practices Act problems in China, it simply directed that internal control measures be instituted at the subsidiary, with no follow-up on the compliance initiatives. By the time Avon began a full-blown internal investigation, much of the damage had been done, say Riyaz Dattu and Sonja Pavic of Osler Hoskin & Harcourt LLP.

  • Current Capacitor Investigation May Be Tip Of Large Iceberg

    Robert Connolly

    The Antitrust Division’s grand jury investigation of the massive capacitors industry had been relatively quiet until the U.S. Department of Justice's recent announcement of criminal charges against NEC Tokin Corp. The first guilty plea changes the question from "Was there a capacitor cartel?" to "How deep does this go?” says Robert Connolly, a partner with GeyerGorey LLP and former chief of the Antitrust Division’s Philadelphia field office.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.