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  • April 22, 2014

    CVS Decries Novartis Kickback Suit As 'Implausible'

    CVS Caremark Corp. asked a New York federal judge on Monday to toss a False Claims Act whistleblower suit alleging CVS accepted kickbacks from Novartis Pharmaceutical Corp. to push leukemia drugs Gleevec and Tasigna and cystic fibrosis drug TOBI, calling the claims "fundamentally implausible."

  • April 22, 2014

    Jury Verdict Against 3M Upheld In Filter Patent Suit

    A New Jersey federal judge on Monday upheld a jury’s determination that two patents held by a 3M Co. unit covering filtration technology for industrial respirators were unenforceable due to inequitable conduct, handing a win to TransWeb LLC.

  • April 22, 2014

    3 Lessons From The FTC's ProMedica Hospital Merger Win

    The Sixth Circuit handed the Federal Trade Commission a solid victory Tuesday when it refused to let ProMedica Health System Inc. keep a rival Ohio hospital it acquired, reinforcing the antitrust watchdog's approach to hospital mergers. Here are three lessons other health care providers can take from the ruling.

  • April 22, 2014

    Ex-BofA Worker Avoids Prison In Bid-Rigging Scandal

    A former Bank of America Corp. official who became a U.S. government witness in its crackdown on alleged municipal contract bid-rigging escaped punishment at his sentencing hearing Tuesday in New York federal court.

  • April 22, 2014

    Dean Foods Settles Antitrust Battle Over Milk Sales

    An Illinois-based dairy distributor on Monday agreed to drop a suit accusing Dean Foods Co. of breaching of a distribution contract and violating antitrust law, though the dismissal won’t be final until the distributor has satisfied its outstanding debts to a Dean subsidiary.

  • April 22, 2014

    The Accidental Advocate: Judge John E. Jones III

    Pennsylvania Middle District Judge John E. Jones III talks to Law360 about the surreal aftermath of his divisive ruling against intelligent design as he prepares for yet another potentially explosive trial over Pennsylvania's same-sex marriage ban.

  • April 22, 2014

    'Troll' Says FTC Bullying Over Patent Letters Warrants Suit

    Alleged patent troll MPHJ Technology Investments LLC shot back Friday at the Federal Trade Commission’s bid to toss its lawsuit over an investigation into allegedly deceptive patent infringement letters the company sent, telling a Texas federal court that the antitrust agency's enforcement squashed its speech rights, keeping its claims ripe.

  • April 22, 2014

    Payout Battle Over $7.25B Visa Swipe-Fee Deal Rages On

    Merchants with a claim to the $7.25 billion settlement over Visa Inc. and MasterCard Inc.'s alleged plot to fix credit card swipe fees continued their efforts to root out allegedly dicey claim-recovery services, urging a New York federal judge on Monday to ban the servicer for allegedly duping class members seeking a payout.

  • April 22, 2014

    GSK Slams Mylan's Bid For $3.1M Interest In Paxil Row

    GlaxoSmithKline LLC on Monday slammed Mylan Inc.'s bid for $3.1 million in prejudgment interest stemming from the $106.7 million verdict Mylan won after a jury found that GSK breached an exclusive licensing contract arising from an antitrust settlement, saying in New Jersey federal court that the company overstated the amount.

  • April 22, 2014

    AGs Fight AUO To Keep Liaison Attys In LCD Antitrust Suit

    State attorneys general fired back at AU Optronics Corp.’s bid to nix liaison counsel in multidistrict litigation accusing electronics manufacturers of price-fixing liquid crystal display panels, telling a California district court Monday that the attorneys still provide an important service despite much of the case settling out of court.

  • April 22, 2014

    Gaming Motherboard Makers Face False Ad Class Action

    Three computer component manufacturers were hit with a proposed class action on Monday in California federal court, claiming they oversold the performance capabilities of their motherboards to appeal to video gamers in violation of state consumer protection and competition laws.

  • April 22, 2014

    IMS Health Launches New Coverage Suit Over Antitrust Claims

    IMS Health Inc. sued Zurich American Insurance Co. in Pennsylvania court Friday for allegedly springing a lawsuit in Connecticut while the two were still negotiating coverage of a rival pharmaceutical and health care data provider’s accusations of market monopolization.

  • April 22, 2014

    6th Circ. Backs FTC In ProMedica 'Hail Mary' Merger Appeal

    The Sixth Circuit on Tuesday upheld the Federal Trade Commission's decision blocking ProMedica Health System Inc. from merging with another Ohio hospital, calling ProMedica's bid to defend the deal by pointing to its rival's financial struggles a doomed "Hail Mary pass."

  • April 22, 2014

    Danish Shipper Strikes Deal To Exit Price-Fixing Suit

    Danish shipping giant DSV A/S and its various business units have reached an agreement to settle an antitrust class action alleging that it participated in a conspiracy with other freight companies to fix prices on their services, according to documents filed Tuesday in New York federal court.

  • April 22, 2014

    Suntory's $16B Beam Buy Clears EU Hurdle

    The European Commission on Tuesday approved Suntory Holdings Ltd.'s $16 billion cash acquisition of spirits maker Beam Inc., clearing the deal to close next week.

  • April 21, 2014

    Generic Cos. Again Lose Bid To Shake AndroGel Suit

    A Georgia federal judge on Monday rejected a renewed bid by Par Pharmaceutical Cos. Inc. and Paddock Laboratories Inc. to nix the Federal Trade Commission's pay-for-delay case against them, finding that their patent settlement over testosterone replacement treatment Androgel is not entitled to Noerr-Pennington antitrust immunity.

  • April 21, 2014

    Hospital Operator Settles Doctor-Overpayment Claims For $7M

    Hospital operator All Children's Health System Inc. will pay $7 million to settle a whistleblower suit alleging it ran a complex scheme to illegally overpay its physicians and stifle competition, a year after a Florida federal judge threw out the relator's previous complaint for vagueness.

  • April 21, 2014

    Lumber Cos. Push $1B Deal Deadline Amid Antitrust Worries

    Louisiana-Pacific Corp. and private equity-backed Ainsworth Lumber Co. Ltd. said Friday that they have pushed back to early June the deadline to secure regulatory approval for LP's $1.1 billion acquisition of Ainsworth, as U.S. Department of Justice and Canadian antitrust authorities continue to scrutinize the deal.

  • April 21, 2014

    Google, Apple Urge Higher Bar In Employee Poaching Suit

    Software engineers accusing Google Inc., Apple Inc. and other major technology companies of agreeing not to hire each other's employees should have to clear the tougher rule-of-reason bar to make their antitrust claims stick, instead of the per se standard, the companies said Friday.

  • April 21, 2014

    Defense Cos. Face Hazards In New Push For Foreign Sales

    While many U.S. defense companies are hoping that foreign military sales can help them weather a prolonged slump in military sales at home, cross-border sales hold several risks for the unwary, including heavy fines and criminal penalties for violating export controls and anti-bribery laws.

Expert Analysis

  • Mandatory Pro Bono Is Not The Answer For Practitioners

     Amanda D. Smith

    The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.

  • NCAA Player Antitrust Class Action Advances To Final Round

    Bruce Sokler

    Nearly five years into the lawsuit, a California federal court recently denied the NCAA's summary judgment motion and ordered that the student-athletes' antitrust claims proceed to trial in June. The decision is noteworthy in its fact-intensive assessment of the NCAA’s procompetitive justifications, its repeated reliance on the least restrictive means test and its demands that the specific restraint be closely tied to the purported procompetitive justifications, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Proper Economic Analysis In Anti-Kickback Statute Cases

    Sophie Yang

    Economic analyses in cases involving the Anti-Kickback Statute require careful evaluation of the market outcome. Analysts need to isolate and measure the effect of any intent to induce from the impact of other market factors. Then, the analysis can be used by the court for the interpretation and application of the Anti-Kickback Statute, say Sophie Yang and Bernard Ford of Navigant Consulting Inc.

  • When Cooperative Agreement Is Really Procurement Contract

    Carlos Aksel Valdivia

    The Federal Circuit recently ruled that the Department of Housing and Urban Development could not sidestep federal competition requirements by using cooperative agreements, instead of procurement contracts, to outsource its contract administration services. Federal contractors should remain vigilant and determine whether their agencies’ use of cooperative agreements gives rise to a potential protest, say Carlos Aksel Valdivia and Gunjan Talati of Reed Smith LLP.

  • With McSweeny Confirmed, What To Expect From FTC

    Steven Sunshine

    The recent confirmation of Terrell McSweeny to the Federal Trade Commission creates a Democratic majority, sparking anticipation of more aggressive enforcement by the FTC. Indeed, having participated in a number of high-profile antitrust matters, Commissioner McSweeny is unlikely to shy away from enforcement where warranted. But it is not clear whether the voting blocks materially lessened the commission’s overall enforcement zeal, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.

  • FTC Continues To Target Pharmaceutical Mergers

    Bruce Sokler

    The Akorn Inc.-Hi-Tech Pharmacal Co. Inc. acquisition shows that the Federal Trade Commission is unlikely to ease up soon on what has essentially become a bright-line rule in antitrust policy — transactions resulting in three to two and sometimes even four to three reductions in the number of competitors, where there would be no timely entry, face difficult regulatory hurdles, say Bruce Sokler and Helen Kim of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • CFTC Data Will Be A Powerful Tool For FERC Enforcement

    Terry S. Arbit

    The Commodity Futures Trading Commission and the Federal Energy Regulatory Commission recently signed two long-awaited memoranda of understanding, the lower-profile information-sharing one, which provides FERC with “large trader data” in the CFTC’s possession, being the more significant. Regulators achieved a significant victory by including surveillance purposes in the memo — it was a long time coming and provides FERC with a potent tool for surveilling the natural gas and power markets, say attorneys at Norton Rose Fulbright.

  • Antitrust Guidance On Cybersecurity Reaffirms Old Approach

    Jamillia Ferris

    Though the antitrust agencies’ recent policy statement on cybersecurity information-sharing is consistent with prior guidance, it is significant. It is not likely that cybersecurity legislation will become law anytime soon, and this statement responds to industry’s concerns by clearly establishing that properly designed and executed cyberthreat information-sharing does not raise antitrust concerns, say Jamillia Padua Ferris and Paul Tiao of Hunton & Williams LLP.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.