Two shipping companies have agreed to pay $3.4 million to settle a whistleblower suit alleging they violated the False Claims Act by fixing the price of government cargo transportation contracts between the continental U.S. and Puerto Rico, the U.S. Department of Justice said Friday.
Federal Trade Commission staff on Friday urged state legislators to carefully evaluate proposed measures that would limit the practice of advanced practice registered nurses, saying such proposals could reduce competition in the primary health care market.
A Michigan federal judge on Friday reinstated his certification of a class of nurses who allege Detroit-area hospitals conspired to keep their wages low, rejecting an argument that the class shouldn’t be joined following the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend.
New York Attorney General Eric Schneiderman on Friday tapped antitrust expert Guy Ben-Ishai to become his new chief economist, a position in which he will help shape the attorney general's antitrust and securities enforcement efforts.
A Massachusetts federal judge on Friday requested further briefing on whether he should reconsider portions of an order that granted victories to drugmakers Ranbaxy Inc. and Teva Pharmaceutical Industries Ltd. in a pay-for-delay class action involving the heartburn drug Nexium.
A U.K. competition court on Friday upheld an order requiring Ryanair Holdings PLC to sell off most of its nearly 30 percent stake in rival Aer Lingus Group PLC, ruling that the Competition Commission did not overstep its authority by forcing the divestiture.
A pair of economists told the Second Circuit on Tuesday that the district court overseeing the U.S. Department of Justice's e-books price-fixing case against Apple Inc. ignored key economic evidence in a decision that threatened to thwart the use of common, pro-competitive contract clauses.
The city of San Jose, Calif., on Wednesday urged the Ninth Circuit to reassess the validity and scope of Major League Baseball's longstanding exemption from antitrust laws and to undo a lower court's dismissal of a suit challenging the league's refusal to permit the Oakland Athletics to relocate.
After failing to convince regulators that further consolidation would benefit the U.S. wireless industry, the CEO of Sprint Corp. parent SoftBank Corp. will make his case to business leaders and policymakers on Tuesday. But while experts acknowledge some merit to his arguments, they question the viability of this public relations push.
A male in-house counsel once told me I had not been "nice" to him when I approached him about a business opportunity and would therefore not get the business. To add insult to injury, one of my male partners told me I should be flattered by the interest paid to me by the in-house counsel, says Paulette Brown, chief diversity officer at Edwards Wildman Palmer LLP.
Several people have told me that they had a lot of trepidation when they found out they would be working for a woman. To be effective, you need to be able to eliminate or address the conscious or unconscious bias colleagues may have about having a female boss, says Nancy Mitchell, chairwoman of Greenberg Traurig LLP's New York business reorganization and financial restructuring practice.
A band of food vendors, including Walgreen Co. and Safeway Inc., on Thursday abandoned their claims against California farming cooperative NuCal Foods Inc. for its alleged role in a long-running scheme to limit egg production and hike prices, leaving the companies' Pennsylvania multidistrict litigation with one less defendant.
The Fourth Circuit on Thursday sided with Verizon Maryland Inc. in a long-running interconnection dispute with Core Communications Inc., affirming a lower court’s ruling in favor of Verizon with respect to two tort claims pursued by Core under Maryland law.
Apple Inc. has asked the judge overseeing the e-books price-fixing litigation to recuse herself from handling a summary judgment request from consumers seeking hundreds of millions in damages from Apple, accusing her of prejudging the question of whether and how much the iPad maker owes.
A real estate investor was sentenced to three years probation in Alabama federal court Wednesday for his role in a conspiracy to rig bids at public real estate foreclosure auctions.
Lawyers can expect 2014 to be a strong year for the U.S. Department of Justice's Foreign Corrupt Practice Act enforcement program as it works more closely with foreign jurisdictions and speeds up investigations, the enforcement unit's chief said Thursday at a white collar conference in Miami.
U.S. Department of Justice antitrust chief Bill Baer has recused himself from reviewing Comcast Corp.'s $45 billion bid for Time Warner Cable Inc., but the watchdog signaled Thursday that it still means business by naming Federal Communications Commission veteran Renata Hesse and litigation deputy David Gelfand to lead the probe.
New York State Assemblyman William F. Boyland Jr. was convicted by a federal jury Thursday on felony bribery and extortion charges stemming his solicitation of more than $250,000 in bribes from undercover FBI agents for real estate and carnival business deals.
The former owner of Aviation Fuel International Inc. is facing up to 20 years in prison and $250,000 in fines after admitting Thursday his role in a kickback scheme to defraud an Illinois charter airline company in Florida federal court, authorities said.
Sutter Health urged a California federal judge on Thursday to throw out a proposed class action accusing the health network of conspiring to monopolize medical services in Northern California, arguing that the plaintiffs' evidence outlining the geographic market Sutter supposedly controls is implausible.
Most notable about China's most recent conditional merger approval decision were the faster speed of the review and the Ministry of Commerce's increased use of economic analysis. The decision on Thermo Fisher Scientific Inc.'s acquisition of Life Technologies Corp. also highlights MOFCOM's willingness to impose remedies that go beyond what other jurisdictions require, say attorneys with Jones Day.
Cloud users must know how to use the cloud responsibly to prevent later difficulties with document production. When negotiating a cloud service agreement, users should look for certain services that will prove useful when responding to discovery requests, such as comprehensive search options, instant suspension of the auto-delete function, and preservation of metadata and embedded data, say attorneys with Sidley Austin LLP.
In the year since the U.S. Supreme Court's decision in Comcast Corp. v. Behrend, nearly 200 cases have cited the ruling, but the only consensus reached is that its significance for class actions is unsettled. However, notwithstanding the lower courts’ inconsistent application of Comcast's “rigorous analysis” of damages model evidence, a few guiding principles have emerged, say Erik Snapp and Quinn Shean of Dechert LLP.
The recent bribery case involving Kurt Hammarskjold, a former PetroTiger Ltd. CEO, underscores the U.S. Department of Justice’s continued commitment to prosecuting individuals for Foreign Corrupt Practices Act-related offenses. In fact, 2013 saw the highest number of individual enforcement actions since 2010, and the Hammarskjold prosecution and other recent actions indicate that the DOJ will continue this upward trend, say attorneys with Norton Rose Fulbright.
While there remain substantial differences between the health care systems of the U.S. and other countries, similar debates and policy questions can be identified universally. Recent U.K. and South African investigations into private health care markets — as well as the debate around U.S. health care reform — have revealed a lack of sufficient public information, which may prevent patients from exercising effective choices, say attorneys at Norton Rose Fulbright.
While there was only one U.S. Department of Justice Foreign Corrupt Practices Act opinion procedure release in 2013, last year's enforcement actions, and remarks made by DOJ and U.S. Securities and Exchange Commission officials, provided a fair amount of guidance on various compliance topics — including travel and entertainment, gifts, charitable donations, third-party due diligence, self-reporting, cooperation and remediation, and commercial bribery, say attorneys with Shearman & Sterling LLP.
Ideally, implementing the type of Foreign Corrupt Practices Act review suggested by U.S. regulators in cross-border mergers and acquisitions will uncover any evidence of corruption before a deal is inked. But even if it does not, the exercise can provide a range of significant benefits, not the least of which is identifying “red flags” that can be addressed in deal documents and incorporated into the buyer’s integration plans, say attorneys with Dentons.
In stark contrast to the changing environment for the majority of lawyers today, the evolution for the general counsel is driven less by necessity than by opportunity. Today’s GC may touch every aspect of his or her organization to solve challenges and propel the company forward, keeping the GC far ahead of what is expected of the average lawyer, says James Merklinger, vice president and general counsel of the Association of Corporate Counsel.
Staying private antitrust lawsuits in deference to criminal proceedings can unduly interfere with the just and efficient adjudication of private antitrust claims. There are a number of narrow limitations that can be placed on discovery to both preserve the integrity of a government investigation while allowing private plaintiffs to effectively prosecute their cases, say Kellie Lerner and Elizabeth Friedman of Robins Kaplan Miller & Ciresi LLP.
An exploration of the underpinnings of the First Amendment’s right-to-petition clause and the seminal case authority that has expanded its application to competitors’ efforts to protect market share will help educate business leaders on highly effective and legally permissible strategies to protect market share and how to spot when it is being used against them, says Jeffrey Gould, general counsel of The Saint Consulting Group.