Competition

  • September 30, 2014

    BD Stuck With $114M Antitrust Verdict After New Trial Denied

    A Texas federal judge on Tuesday rejected Becton Dickinson & Co.'s bid to ax a $113.5 million damages verdict in favor of Retractable Technologies Inc. and send the syringe market monopolization case back to a jury for a new trial, ruling that evidence presented during trial supported the jury's findings.

  • September 30, 2014

    Louis Dreyfus Can't Shake Cotton Price Manipulation Suit

    A New York federal judge on Tuesday shut down most of Louis Dreyfus Commodities BV’s bid to escape a class action brought by traders who say the company inflated cotton prices and manipulated cotton futures, but he agreed to trim one of the putative class’ antitrust claims.

  • September 30, 2014

    NY Delays Review Of $45B Comcast-TWC Deal Amid Worries

    The New York Public Service Commission has pushed back its deadline for reviewing Comcast Corp.'s proposed $45 billion merger with Time Warner Cable Inc. after state officials worried that the cable companies still weren't doing enough to improve "deficiencies" with their current service.

  • September 30, 2014

    Gas Groups Ask Justices To Undo 9th Circ. Price-Fixing Ruling

    Several natural gas trade associations and free enterprise advocate the Washington Legal Foundation have asked the U.S. Supreme Court to reverse the Ninth Circuit’s decision to revive state-law claims in multidistrict litigation over natural gas price-fixing, claiming the ruling could have a destabilizing effect.

  • September 30, 2014

    Goldman, Others Get Initial Approval For $590M LBO Deals

    A Massachusetts federal judge on Monday granted initial approval to $590 million in settlements with a class of shareholders who claim Goldman Sachs Group Inc., Carlyle Group LP and several other private equity firms teamed up to keep leveraged buyout prices low.

  • September 30, 2014

    Novartis' FCA Suit Discovery Request Slammed By States

    California, New York, New Jersey and eight other states on Monday challenged Novartis Pharmaceutical Corp.’s bid for information on their medication adherence programs, saying the information is irrelevant to a whistleblower suit accusing Novartis of paying kickbacks to pharmacies.

  • September 30, 2014

    FTC Gets Beat Up On Appeal, Wright Says In Call For Clarity

    Federal Trade Commission head Joshua Wright on Tuesday said his research has revealed that the commission’s antitrust decisions are reversed on appeal four times more than decisions by federal judges, and called for guidelines that clarify its authority.

  • September 30, 2014

    Antitrust Cases To Watch As Supreme Court Term Kicks Off

    The U.S. Supreme Court is poised to review several narrow but potentially important questions in antitrust cases in the coming months, including the court's second Federal Trade Commission state action case in three years and a Libor-spawned fight over multidistrict litigation appeals. Here, Law360 takes a detailed look at the top cases on competition attorneys' radar.

  • September 30, 2014

    Daimler Ruling Comes To Banks' Aid In Yen-Libor Action

    A federal judge on Tuesday appeared skeptical — following the Supreme Court's landmark Daimler decision curtailing U.S. jurisdiction over foreign defendants — that Japanese banks and Deutsche Bank AG are subject to New York class claims of fixing yen-denominated Libor rates absent a showing of direct ties to the Second Circuit.

  • September 30, 2014

    DOJ Wants Shipping Price-Fixing Suit Stayed Amid Trial

    The U.S. Department of Justice on Monday asked a Florida federal judge for a limited discovery stay in a civil case alleging shipping companies ran a scheme to fix prices for freight transport to Puerto Rico, saying the pause will allow a related criminal trial to move forward unfettered.

  • September 30, 2014

    Hyundai Slams Supplier's Bid To Toss Counterfeit Parts Row

    Hyundai Motor America Inc. on Monday urged a California federal judge to reject a bid to toss its suit accusing Pinnacle Group LLC of importing and selling Hyundai-branded auto parts and falsely marketing them as “genuine,” saying it isn’t trying to shut down competition but rather stop the illegal activity from continuing.

  • September 30, 2014

    EU Says Apple, Fiat Tax Deals Gave Unfair Advantages

    The European Commission on Tuesday told Ireland and Luxembourg that several tax rulings issued to Apple Inc. and Fiat SpA gave them unfair economic advantages, noting in Apple’s case that there appeared to be some “reverse engineering” to determine its subsidiaries’ taxable income.

  • September 29, 2014

    Firm Owner Admits Paying $1M In Bribes To JPMorgan, GMAC

    The owner of two San Diego-based mortgage investment firms admitted in California federal court on Friday that he paid $1 million in bribes to "insiders" at JP Morgan Chase Bank NA, GMAC Mortgage LLC and National City Bank in order to win bids for mortgage loans sold on the secondary market, according to federal prosecutors.

  • September 29, 2014

    UBS In Forex-Rigging Settlement Talks, Warns Of Fines

    UBS AG told investors Monday it could face a “material” fine by regulators over its alleged role in a scheme to manipulate the $5.3 trillion global foreign exchange market, saying that it was in settlement talks with at least one agency.

  • September 29, 2014

    Avon Shareholders' FCPA China Bribe Class Action Tossed

    A New York federal judge on Monday tossed a putative class action by Avon Products Inc. shareholders that accused the company and its senior executives of falsely inflating stock prices by hiding violations of the Foreign Corrupt Practices Act.

  • September 29, 2014

    Cos. Try To Nix More Experts In Nexium Pay-For-Delay Suit

    AstraZeneca PLC and two generic drugmakers on Monday pushed a Massachusetts federal court to block two pharmaceutical industry experts from testifying at an upcoming pay-for-delay antitrust class action trial over heartburn drug Nexium, accusing the plaintiffs of trying to rehash discredited arguments.

  • September 29, 2014

    Fla. High Court Presses Gov. On Cleared Mayor's Suspension

    The Florida Supreme Court on Monday ordered Gov. Rick Scott to show cause why his suspension of Michael A. Pizzi Jr. should not be revoked now that a jury has acquitted the former Miami Lakes mayor on federal bribery and extortion charges.

  • September 29, 2014

    Wal-Mart Can't Escape Suit Over Mexico Bribery Allegations

    An Arkansas federal judge on Friday denied a bid from Wal-Mart Stores Inc. and its former CEO to dismiss a proposed class action alleging the retailer concealed Mexican bribery allegations from shareholders, ruling claims that Wal-Mart intentionally withheld the information from a regulatory filing are "plausible."

  • September 29, 2014

    Univ. Counsel Gets Probation For Hiding Kickback Scheme

    The former lawyer for South Carolina State University was recently sentenced to six months of probation for concealing a kickback scheme involving the SCSU’s 2011 homecoming concert after prosecutors said he had significantly helped them win a guilty verdict against the school’s trustee chairman.

  • September 29, 2014

    Beats Sues Competitor For Claiming To Be Co-Founder

    Beats Electronics lodged a lawsuit Friday against a man who claims to have co-founded the company with Dr. Dre, saying the claim amounts to false advertising designed to help his own rival headphone brand.

Expert Analysis

  • And Now A Word From The Panel: ABCs Of JPML Practice

    Alan E. Rothman

    This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.

  • Antitrust And Cybersecurity — Still A Long Way To Go

    Anne Rodgers

    Currently pending before Congress are several pieces of proposed legislation aimed at improving cybersecurity efforts. But they are proposals that likely lack the force necessary to allay the private sector’s concerns about information sharing and potential exposure to antitrust and other liability, say attorneys with Norton Rose Fulbright.

  • 7 HSR Filing Reminders From Berkshire Hathaway Case

    Deidre Johnson

    The recent civil penalty levied on investment holding company Berkshire Hathaway Inc. for failure to notify under the Hart-Scott-Rodino Antitrust Improvements Act reminds investors that HSR reportability must be vetted even in transactions that are less obviously seen as "acquisitions," say attorneys with Ropes & Gray LLP.

  • Corporate Probation May Follow An Antitrust Conviction

    Steven Kowal

    When a company has been convicted for a criminal antitrust offense, the Antitrust Division of the U.S. Department of Justice now may seek to impose the significant burdens of corporate probation in addition to enormous monetary fines and incarceration for senior executives. This is a major policy shift, say Steven Kowal and Lauren Norris of K&L Gates LLP.

  • Opportunities And Pitfalls In The Legal Cloud

    David Houlihan

    Like "big data" and other effective software marketing buzzwords, “cloud” makes something that is very complex sound simple — and even friendly. Most attorneys are not prepared to dig into the distinctions between public, private and hybrid cloud models, or the niceties of how or where their data is transmitted and stored, says David Houlihan of Blue Hill Research Inc.

  • The Rise of Coordinated Health Care Fraud Enforcement

    Brian Laliberte

    In the health care fraud space, parallel coordinated investigations are now the norm and not the exception. Targets must be concerned about making statements in an administrative or civil proceeding that can and will be used against them in a related criminal investigation and prosecution, says Brian Laliberte of Ulmer & Berne LLP.

  • A General Counsel's Top 10 Billing Tips

    Francis M. Drelling

    Nothing makes an in-house counsel feel like they are being nickeled-and-dimed more than receiving a $3.50, stand-alone invoice. Forcing anyone to spend time on a $3.50 invoice is, quite frankly, just not cool, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Ominous Outlook For Physician-Owned Distributors

    Tom Bulleit

    The U.S. Department of Justice has been investigating Reliance Medical Systems LLC and its financial relationships with investor physicians for several months. But this new filing is significant because it is the first time that physician-owned distributor investigations have led the government to file its own False Claims Act lawsuit, say Tom Bulleit and Peter Holman of Ropes & Gray LLP.

  • The EU General Court Gets A Rap On Its Knuckles

    James Webber

    In a case involving a French association of banking institutions, the EU Court of Justice severely reprimanded the General Court for its failure to properly analyze a restriction of competition "by object," thus reminding both the European Commission and the General Court that not all agreements between undertakings can be presumed to harm competition, say attorneys with Shearman & Sterling LLP.

  • 4 Hot Issues In 3rd-Party Due Diligence

    Michael Volkov

    Lawyers who deal with anti-corruption risks and third parties have passed around standard clauses they like to use in their agent and distributor contracts. But taking a more creative approach to contract drafting is an important way to minimize risk, says Michael Volkov of The Volkov Law Group LLC.