• November 25, 2015

    BofA, JPMorgan, Others Stifling Rate-Swaps Competition: Suit

    Bank of America Corp., Goldman Sachs Group Inc., JPMorgan Chase & Co. and seven other large banks have rigged the market for interest-rate swaps by blocking companies from launching public exchanges of the derivatives, according to a proposed class action filed in New York Wednesday.

  • November 25, 2015

    GE Trims Confidential Info Request After LG, Lowe's Object

    General Electric on Wednesday trimmed a request for its in-house attorney to have access to confidential information from competitors like LG in the bench trial challenging GE’s $3.3 billion deal with Electrolux, after LG and Lowe’s objected to allowing “unprecedented” access to such information.

  • November 25, 2015

    Texas Appeals Court Dumps Longview's $600M Shale Win

    A Texas appeals court on Wednesday tossed an estimated $600 million judgment against Huff Energy Fund LP over Eagle Ford Shale mineral rights, ruling there was insufficient evidence to find Longview Energy Co. had a legitimate opportunity to obtain the disputed property.

  • November 25, 2015

    5th Circ. Upholds $156M Antitrust Award Over Steel Boycott

    The Fifth Circuit on Tuesday affirmed a $156 million damages award in steel distributor MM Steel LP’s antitrust suit against manufacturer JSW Steel USA Inc., ruling substantial evidence was presented at trial to conclude that JSW knowingly conspired with MM Steel’s rival distributors to refuse to deal with the company.

  • November 25, 2015

    Quest Escapes Antitrust Class Action

    A California federal judge on Wednesday dismissed a proposed class action alleging Quest Diagnostics Inc. monopolized diagnostic services in California by paying kickbacks, colluding with insurers and acquiring competitors, saying that their allegations of monopoly overcharging don’t have factual support.

  • November 25, 2015

    4 Times Juror Drama Rocked Trials

    A juror in the trial of former New York State Assembly Speaker Sheldon Silver raised eyebrows when she asked to be excused just two hours into deliberations, citing discomfort and stress. But it certainly wasn't the first time that discussions in the jury room became dramatic. Here, Law360 looks at four times the actions of jurors threatened to overshadow trials.

  • November 25, 2015

    Competition MVP: Perkins Coie's David Burman

    David Burman of Perkins Coie LLP has been a strong defender of Costco in its battles against international pricing conspiracies, most recently winning $75 million from global LCD manufacturers that a jury deemed were involved in a pervasive price-fixing scheme, earning him a spot on Law360's list of Competition MVPs for 2015.

  • November 25, 2015

    FTC OKs $12B NXP, Freescale Tie-Up With Conditions

    The Federal Trade Commission on Wednesday cleared NXP Semiconductors NV’s $11.8 billion takeover of private equity-backed Freescale Semiconductor Ltd. on the condition that NXP unload its so-called radio frequency power amplifier assets to assuage the commission's competition concerns.

  • November 25, 2015

    Delta, AirTran Fight To Keep Experts In Baggage Fee MDL

    Delta and AirTran fought back in antitrust multidistrict litigation Tuesday against requests by a proposed class of baggage fee-paying customers to exclude testimony from the airlines’ experts, telling a Georgia federal judge their experts could attest to the fees’ effect in reducing base fare.

  • November 25, 2015

    Teikoku Loses Bid To Boot 12 Firms From Lidoderm MDL

    A California federal judge on Wednesday refused to disqualify 12 law firms representing retailers in pay-for-delay multidistrict litigation over the Lidoderm pain relief patch, saying plaintiffs’ attorneys’ use of a privileged document mistakenly handed over by Japanese drugmaker Teikoku did not warrant disqualification.

  • November 25, 2015

    Bio-Rad Will Ask 9th Circ. To Nix Whistleblower GC’s Claims

    Bio-Rad Laboratories Inc. is planning to ask the Ninth Circuit to immediately review a California federal court’s recent refusal to toss claims in its former general counsel’s whistleblower suit alleging he was fired after reporting that company leadership potentially engaged in overseas bribery.

  • November 25, 2015

    Aetna Pushes For Sanctions In Surgery Center Kickback Suit

    Aetna on Wednesday asked a Pennsylvania federal court to sanction Foundation Surgery Affiliates LLC and its attorneys from Buchanan Ingersoll for allegedly lying to the court about its practices when fighting the insurer’s suit accusing the surgical center of running a patient referral kickback scheme.

  • November 25, 2015

    Wal-Mart Slams Class Cert. Bid In Mexico Bribery Suit

    Wal-Mart Stores Inc. urged an Arkansas federal judge Tuesday not to certify a class of investors in a shareholder suit claiming it concealed the extent of the company’s possible bribery of Mexican officials.

  • November 25, 2015

    Kimberly-Clark Says Rival Recycling Arguments In Diaper Spat

    Kimberly-Clark urged a Wisconsin federal judge not to revive a rival’s claim that patent lawsuits instigated by the Pull-Ups maker demonstrate anti-competitive behavior, telling the judge Tuesday that First Quality is recycling old arguments.

  • November 25, 2015

    Merchants Slam $7.25B Interchange Fee Deal's 'Limited' Relief

    Attorneys for a slew of merchants told the Second Circuit Tuesday that a $7.25 billion settlement reached with Visa and MasterCard over interchange fees has "critical infirmities," saying the deal provides “limited and temporary” relief to the class but gives an “all-encompassing and perpetual” release to the defendants.

  • November 25, 2015

    Microsoft Ditches Workers' Suit Over No-Poaching Deals

    Microsoft escaped a proposed class action accusing the software giant of conspiring with dozens of companies not to hire one another’s workers when a California federal judge found the employees had waited too long to file suit.

  • November 25, 2015

    Chile Wants E-Commerce, Competition Folded Into WTO Talks

    The Chilean government has voiced support for including issues like e-commerce, investment and competition in the next phase of the World Trade Organization's negotiating effort, pushing back against efforts to keep the talks more narrowly tailored amid persistent delays and stalls.

  • November 25, 2015

    Albertsons Buying Back 30 Stores From Bankrupt Haggen

    Albertsons received a Delaware bankruptcy judge’s blessing Tuesday to buy back 30 grocery stores it sold to small chain Haggen, which has failed under the weight of its rapid expansion, undoing a major aspect of the $9.2 billion Albertsons-Safeway merger's regulatory approval.

  • November 25, 2015

    Barclays Settles Investor Suit Over Libor Rigging For $14M

    A class of Barclays PLC investors asked a New York federal judge Tuesday to approve a $14 million settlement to end allegations that the British bank manipulated the London Interbank Offered Rate and made misstatements to cover it up.

  • November 25, 2015

    Ex-Official Pleads Not Guilty In Alleged NJ Bid Rig Scheme

    A onetime official with a Union City, New Jersey, urban improvement agency pled not guilty to federal charges Tuesday after an October indictment accusing the 64-year-old of taking part in a scheme to rig competition for local housing rehabilitation and sidewalk replacement projects, according to court records.

Expert Analysis

  • OPINION: In Search Of Our Best Law Firm Selves

    James Maiwurm.jpg

    Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.

  • Safe Harbor Needed For Arbitral Rights In Absent Class Claims

    Richard A. Ripley

    To determine a waiver of arbitral rights, circuit courts generally look at whether the party seeking arbitration takes action in litigation inconsistent with its arbitration rights, and whether that action prejudices the plaintiff. However, two 2015 decisions — Checking Account Overdraft Litigation and Healy v. Cox — reveal that framework as an ill-fitting suit when the waiver implicates absent putative class members, says Richard ... (continued)

  • More Regulators Eye Health Info Blocking

    Jodi Daniel

    Congress, the U.S. Department of Health and Human Services, and certain states have taken action to identify and prevent “information blocking” by health care providers, hospitals, technology developers and service providers. And there likely will be more guidance, statutory and regulatory changes, and enforcement by federal agencies and states in the coming year, say Crowell & Moring LLP attorneys Jodi Daniel and Roma Sharma.

  • Class Counsel Fees Getting 'Intense Judicial Scrutiny'

    Carolyn Cole

    Recognizing that defendants have no duty and little incentive to object to an inflated class counsel fee request, and that class counsel have every incentive to increase their fees, Judge Richard Posner and the Seventh Circuit have filled this void by directing “intense judicial scrutiny” of class counsel fee awards. In doing so, the court identified issues all counsel now should consider when crafting a class action settlement, sa... (continued)

  • Yates Memo May Help Gov't Get Foreign-Based Evidence

    Daniel Prince

    The process for obtaining foreign-based evidence that is outside the scope of a federal grand jury subpoena may become less complicated to the extent prosecutors condition cooperation credit under the Yates memorandum on the production of information that is housed overseas, including, for example, by a foreign affiliate, say attorneys with Paul Hastings LLP.

  • 3 Ways Technology Is Changing Law Office Designs


    A growing number of attorneys and firms are eschewing tradition by embracing technology to change not only the way we work, but also the way we organize our offices, says Anthony Johnson, founder and CEO of American Injury Attorney Group.

  • 13 Key Business Objectives For Corporate Legal Departments

    Joe Kanka

    Over the past 35 years, Joe Kanka has experienced the corporate legal department from many angles, including management positions at a major law firm litigation support center, two legal staffing companies, and inside AT&T and Bell Atlantic. Here, he shares his 13 key business objectives that corporate legal departments must strive for in today’s business environment.

  • O’Bannon And Alternative Forms Of Injunctive Relief

    James P. Menton Jr.

    The Ninth Circuit's recent decision in O’Bannon v. NCAA raises important considerations on the type of evidence necessary to maximize the chances of retaining injunctive relief on appeal, say attorneys with Robins Kaplan LLP.

  • 3 Takeaways From Freight Forwarder Antitrust Litigation

    Richard L. Furman

    For marketing purposes, there are obvious benefits to creating an image that various branches of a group of related companies operate as a single coordinated business. However, such an image may be manipulated by a plaintiff to suggest a lack of distinct corporate identity, as seen in the freight forwarder antitrust litigation, says Richard Furman of Carroll McNulty & Kull LLC.