A California appeals court ruled Wednesday that a courtroom is the proper venue for South Bay Hospital Management Co. LLC’s allegations that a former Tri-City Medical Center executive and his management company owe $3.33 million for mistreating employees and receiving kickbacks, despite South Bay's arbitration agreement.
A Naval law enforcement officer is expected to plead guilty in California federal court Tuesday, in a major Navy corruption scandal in which he is accused of providing sensitive information to a Malaysian businessman in exchange for bribes, according to court documents.
A California federal judge on Thursday refused to dismiss Netgear Inc.'s antitrust and false advertising suit alleging Taiwanese electronics company ASUSTeK Computer Inc. reported misleading information related to its network routers’ signal strength, in violation of Federal Communications Commission regulations.
The Dow Chemical Co. on Friday urged the Tenth Circuit to overturn a $1.06 billion urethane price-fixing judgment against it, arguing there wasn't enough evidence to show the plaintiffs were hurt by the alleged plot and that the class should never have been certified.
Fighting against claims that Toshiba Corp. took part in a liquid crystal display cartel, White & Case LLP partner Christopher Curran helped exonerate the company in a case brought by Best Buy Co., just one of the recent successes that helped land him among Law360's Competition MVPs.
A Florida federal judge on Wednesday sentenced two patient recruiters for a Miami health care company to serve more than three years in prison each for their involvement in a $48 million Medicare kickback plot.
The Federal Trade Commission's pay-for-delay case against Actavis Inc. and other drugmakers is now set to resume nearly six months after the U.S. Supreme Court revived the suit, with a Georgia judge on Tuesday giving the defendants 21 days to respond to the watchdog's complaint.
A California appeals court on Wednesday affirmed a trial court’s decision dismissing class action claims that a LendingTree LLC subsidiary used its special relationship with LendingTree to hoard loan prospects, interfering with the contractual relationship between LendingTree and a member of its loan network.
New York Attorney General Eric T. Schneiderman revealed Wednesday that he has pressed the nation's top wireless carriers for more information on their possible collusion to block the adoption of a Samsung Electronics Co. Ltd. “kill switch” proposal aimed at curbing smartphone theft.
Centerbridge swooped in with a multibillion-dollar offer for LightSquared that could stymie a previous $2.2 billion bid from Dish, while European competition regulators are planning an in-depth probe into a proposed $11.9 deal that would combine the German operations of Telefonica and KPN.
Samsung Electronics Co. Ltd., Toshiba Corp. and other technology firms on Wednesday agreed to pay $310 million to settle a series of class actions based in California federal court brought by individual purchasers and state attorneys general alleging a host of anti-competitive conduct in the dynamic random-access memory market.
A Florida magistrate judge’s report on Wednesday recommended denying sanctions against Halifax Hospital Medical Center for destroying patient records in a suit alleging it paid kickbacks and admitted Medicare patients for needless overnight stays, saying a whistleblower didn't show the evidence was crucial to her case.
Davis Polk & Wardwell LLP's Arthur J. Burke helped Bank of America Corp. fight off a substantial chunk of the claims in multidistrict litigation over an alleged conspiracy to rig the London Interbank Offered Rate and advised Comcast Corp. on a $3.6 billion deal with Verizon Communications Inc., landing a spot on Law360's list of Competition MVPs.
The Federal Trade Commission finalized the settlement of its antitrust case over Actavis Inc.'s $8.5 billion acquisition of Warner Chilcott PLC, after Actavis agreed to divest three oral contraceptives and an osteoporosis treatment to a New Jersey-based pharmaceuticals manufacturer, the FTC said Wednesday.
A Puerto Rico federal judge on Friday sentenced Sea Star Line LLC's former president to five years in prison for his role in a conspiracy to manipulate the prices charged by the ocean-shipping company — the longest-ever prison sentence for an antitrust violation, prosecutors said.
A Massachusetts judge granted class certification on Wednesday to a group of direct purchasers alleging AstraZeneca PLC and others breached antitrust laws by engineering the delay of a generic form of heartburn drug Nexium.
Raphael Musto, the 84-year-old former Pennsylvania state senator facing corruption charges for allegedly taking bribes to help obtain grants for construction projects, told a federal judge on Monday that the prospect of a multiweek trial combined with his frail health could be enough to kill him.
The Washington Metropolitan Area Transit Authority was dismissed Wednesday from a bid-rigging suit brought by a developer that lost out on an opportunity to revitalize a former rail site, with a Washington federal judge ruling that the authority's actions were shielded by sovereign immunity.
A European Union court on Wednesday affirmed antitrust regulators' approval of Microsoft Corp.'s $8.5 billion takeover of video chat provider Skype Technologies SA, shooting down Cisco Systems Inc.'s challenge to the tie-up and finding the transaction didn’t threaten competition in the video communications market.
An Illinois federal judge granted class certification to customers claiming the merger of two Chicago-area hospital groups resulted in price hikes for patients, finding Tuesday that the class showed the case would best be heard as a class action.
The Second Circuit's recent decision reversing the municipal bond bid-rigging convictions of three former General Electric Co. officials provides an important limitation on the government’s efforts to extend the statute of limitations in financial crimes when there is a continuous flow of economic benefits to a conspirator, says Lathrop Nelson of Montgomery McCracken Walker & Rhoads LLP.
Ongoing antitrust disputes in the sports-licensing context involving the NFL and its teams, and the National Collegiate Athletic Association and its member institutions, could have a profound effect on the business of professional and collegiate sports in 2014 and beyond, says Miriam Vishio of Dickstein Shapiro LLP.
While the revisions to the EU merger rules are meant to reduce the administrative burden and cost for business, they will increase the burden imposed on companies when a close review of the transaction is required in order to assess potential competitive effects. This increased burden may outweigh the benefits of the revision package, say Svajune Sakalyte and Jens Hackl of Morrison & Foerster LLP.
In light of the proposed e-discovery amendments to the Federal Rules of Civil Procedure, businesses need to set themselves up to efficiently respond to discovery and requests for information from their counsel by implementing and following document-control policies as part of normal business practices. The failure to do so will eventually consume vast amounts of employee time, say Steven Cvitanovic and Colin Murphy of Haight Brown & Bonesteel LLP.
The U.S. Securities and Exchange Commission has generally not concerned itself with improper conduct involving embargoed countries. But the SEC’s complaint in the recent Weatherford International Ltd. case suggests that the agency takes the position that inaccurate accounting of transactions with embargoed countries can result in violations of the Exchange Act, say attorneys with Ropes & Gray LLP.
Earlier this year, the Seventh Circuit found that the Clayton Act’s nationwide service-of-process and venue clauses must be read as an integrated whole — the third federal appeals court to reach this conclusion. The ruling may mark a tipping point, commanding influence within other circuits that have yet to decide whether the Clayton Act permits nationwide venue in antitrust cases, say Stephen Safranski and Mahesha Subbaraman of Robins Kaplan Miller & Ciresi LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
Two recent decisions in the Fifth Circuit and the Federal Circuit involving Kellogg Brown & Root Services Inc. dealt with vicarious liability under the Anti-Kickback Act for subcontractor kickbacks accepted by KBR’s employees. Both decisions are flawed, but they should alert contractors to a serious need to revisit ethics and compliance programs to address kickback situations, says John Pachter of Smith Pachter McWhorter PLC.
Five years ago, the Federal Trade Commission waded into the debate regarding the competition issues posed by “follow-on biologics.” Some three years after Congress provided a pathway for approval of such products, no follow-on biologic has been approved by the U.S. Food and Drug Administration. Now the FTC is revisiting the issue — particularly state restrictions, say attorneys with Wilson Sonsini Goodrich & Rosati.
Because Latin American countries differ substantially from one another, there is no effective one-size-fits-all approach to anti-corruption compliance in the region. That said, companies doing business in the region should be aware of a number of recurring compliance concerns that may lead to an increased risk of violating the FCPA or other applicable anti-bribery laws, say attorneys with Debevoise & Plimpton LLP.