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Competition
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May 08, 2024
Fuel Truck Exec Cops To Rigging Firefighting Contract Bids
An Idaho fuel truck company executive accused of conspiring with others to manipulate bids for U.S. Forest Service firefighting contracts to suppress other competitors in the market over an eight-year period pled guilty Wednesday in federal court, according to the U.S. Department of Justice.
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May 08, 2024
BIA Tells 8th Circ. Energy Co. Can't Revive Lease Suit
The U.S. Department of the Interior's Bureau of Indian Affairs has asked the Eighth Circuit to uphold a North Dakota federal judge's dismissal of Prima Exploration Inc.'s oil and gas lease termination suit, saying the lower court correctly dismissed the case for failure to exhaust administrative remedies.
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May 08, 2024
Split 6th Circ. Says Digital Media TM Case Has To Stay In Tenn.
The Sixth Circuit on Wednesday held that a trademark fight between two companies that digitally preserve home movies, photos and other media will have to play out in a Tennessee federal court, after the panel split over how many customers are enough to extend jurisdiction in the trademark dispute.
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May 08, 2024
Teva Must Face Bulk Of Asthma Inhaler Antitrust Suit
A Massachusetts federal judge largely refused Tuesday to toss antitrust claims accusing Teva of a decadelong anticompetitive scheme to delay generic competition for its blockbuster QVAR asthma inhalers, finding it plausible that Teva paid off a would-be rival and forcibly switched doctors and patients to a new product.
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May 08, 2024
Wash. Justices Decline Personal Injury Atty's Fee Split Spat
Washington's high court has declined to hear a personal injury lawyer's challenge to his old firm's fee-splitting agreement, letting stand a state appellate court's ruling that the contract had "clear and unequivocal language" compelling him to pass on half the fees he earned from the firm's former clients after his departure.
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May 08, 2024
Google Fights Subpoena On Texas Amid Ad Tech MDL
Google is urging a New York federal judge overseeing sweeping multidistrict litigation over the tech giant's alleged monopoly in digital advertising to stamp out a subpoena seeking discovery from Texas in related litigation in the Lone Star State.
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May 08, 2024
Trashing Of IP Case Wrongly Cut Atty Fees, Del. Justices Told
An attorney for a client who saw all claims against him dropped before trial in a suit focused on allegedly purloined trash-handling trade secrets urged Delaware's Supreme Court on Wednesday to reverse the Chancery Court's purported failure to hear his attorney fee claim.
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May 08, 2024
Homebuyers Can't Stop NAR's $418M Settlement Hearing
An Illinois federal judge said Wednesday she won't derail a final settlement hearing for the National Association of Realtors' $418 million deal with home sellers, despite a class of homebuyers' claims that the deal interferes with their separate case, saying they will have a chance to voice concerns at the hearing.
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May 08, 2024
EGC Won't Annul EU Decision To Toss Spanish Tax Scheme
The European General Court will not annul a European Commission decision that a Spanish tax scheme for vessels built in its domestic shipyards must be abandoned because it was incompatible with the European Union's internal market, according to a judgment released Wednesday.
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May 08, 2024
Freshfields Antitrust Duo Rejoins Wilson Sonsini In DC
Wilson Sonsini Goodrich & Rosati PC announced that a pair of former attorneys, including the new co-chair of its antitrust practice, rejoined the firm following stints at Freshfields Bruckhaus Deringer LLP.
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May 08, 2024
Advertisers Fight For Class Action In Google Antitrust Case
A group of advertisers fought for a green light for their class action against Google owner Alphabet on Wednesday, arguing that their case meets the requirements for a class proceedings order because there are serious issues of abuse of market dominance to be tried.
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May 07, 2024
Google Founder And CEO Eyed In Texas Deposition Push
Texas and allied states have pressed a Texas federal judge not to release Google co-founder Sergey Brin and CEO Sundar Pichai from sitting for depositions in a suit alleging the tech company illegally dominated the online advertising market.
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May 07, 2024
Novant CEO Vows To Improve Hospitals Facing FTC Scrutiny
Novant Health kicked off its defense Tuesday in the Federal Trade Commission's $320 million merger challenge with testimony from its longtime CEO, who vocalized the health system's promise to reinvest in the two struggling hospitals at the center of the case.
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May 07, 2024
Fashion Cos. Say FTC Bid To Ax $8.5B Deal 'Makes No Sense'
The Federal Trade Commission's move to block the owner of Coach and Kate Spade from buying the owner of Michael Kors and Jimmy Choo for $8.5 billion "makes no sense," the companies argued in response, saying they aren't the only handbag brands in the game.
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May 07, 2024
Duke Energy Rival Stresses Holistic View Of Monopoly Suit
Duke Energy's contract snub and price drops reveal a bid to monopolize the North Carolina market when the conduct is viewed holistically rather than in piecemeal fashion, a rival told the Fourth Circuit on Tuesday in an attempt to revive antitrust claims.
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May 07, 2024
New IPad Buyers And Complaint OK'd In Amazon-Apple Suit
Two new iPad buyers filed an amended antitrust complaint Tuesday over the Amazon-Apple pact restricting iPhone and iPad sales to approved vendors after a Washington federal judge overrode defense arguments that the named plaintiff swap is too late and replaces an unsuitable class representative.
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May 07, 2024
MultiPlan, Insurance Cos. Accused Of Algorithmic Collusion
A medical provider has lodged a proposed class action in Illinois federal court accusing MultiPlan and major insurance companies, including UnitedHealth, Aetna, Kaiser Permanente and Cigna, of using pricing tools to systematically underpay out-of-network providers.
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May 07, 2024
Venable Trade Co-Chair Shares Hot Takes On US Steel-Nippon
Back in December, Venable LLP partner Ashley Craig, co-chair of the firm's international trade group, spoke with Law360 just after U.S. Steel disclosed its agreement to be sold to Nippon Steel. Now, he shares his thoughts on the latest developments, including the White House coming out forcefully against the deal and the U.S. Department of Justice launching a probe into it.
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May 07, 2024
DOJ Says Cross-Border Antitrust Trial Must Stay In Houston
Prosecutors have advised Houston's federal court against transferring a criminal case closer to the border, saying their witnesses fear testifying against defendants charged with using violence to control the cross-border sale of used vehicles and other goods in Central America.
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May 07, 2024
Amazon Says Zulily Lacks Standing To Bring Antitrust Claims
Amazon is asking a Washington federal court to throw out now-defunct online retailer Zulily's lawsuit accusing it of using its monopoly power to shut out competition from other online retailers, arguing that Zulily merely "parrots" allegations made by regulators and has singled out "plainly procompetitive practice."
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May 07, 2024
Colo. Judge Iffy On DOJ's Missive In Kroger Merger Challenge
A Colorado state judge said he was unsure Tuesday about how to handle the Department of Justice's recent filing defending the state's authority to challenge Kroger's $24 billion merger with Albertsons, as Kroger claimed federal regulators were flip-flopping their antitrust stance.
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May 07, 2024
Tax Software Co. Still Can't Trim Rival's Trade Secrets Suit
A corporate-focused tax preparation software company still can't pare back a suit alleging that it poached workers from its rival's recently acquired company, a Pennsylvania federal judge ruled Tuesday.
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May 07, 2024
$55M Hospital Merger Suit Deal OK'd, UHC Objection Rejected
An Illinois federal judge has given final approval to a $55 million class settlement, with $23.5 million in legal costs and attorney fees, resolving patient antitrust claims over a NorthShore University HealthSystem merger, all while finding that United Healthcare Services had no standing to object to the deal.
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May 07, 2024
Hytera Sanctions Show Strength Of Antisuit Injunctions
The Seventh Circuit's decision upholding $1 million a day in sanctions against Hytera Communications for violating an order to drop trade secrets and copyright litigation in China highlights the difficulty for lawyers when working alongside Chinese courts, while affirming to patent attorneys how powerful antisuit injunctions can be.
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May 07, 2024
Apple Seeks To Block 'Hopeless' £853M Battery Class Action
Apple urged an appeals court on Tuesday to allow it to challenge a £853 million ($1 billion) proposed class action that accuses it of concealing problems with batteries in the phones of 24 million customers, arguing there is no evidence to support the "hopeless" claim.
Expert Analysis
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling
Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Antitrust Practitioners Should Address AI's Collusive Potential
As the sophistication of AI rapidly advances, there are also concerns that it could give rise to entirely new forms of conduct, raising serious questions as to whether and how existing antitrust principles should be applied, and a need for common understanding of the technology's implications and market impacts, says David Bamberger at DLA Piper.
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A Potential Proactive Tool For Public-Private Joint Ventures
In the current environment of heightened antitrust enforcement, the National Cooperative Research and Production Act seems tailor-made for the collaborative work among competitors encouraged by the Biden administration's infrastructure and green energy funding legislation, say Jeetander Dulani and Susan Ebner at Stinson.
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5 AI Risks For Corporate Boards To Examine
Whether companies are building their own artificial intelligence technology or leveraging third-party tools, their directors should get educated on certain legal issues and business risks to ensure the adoption of policies that foster responsible use of generative AI, say James Gatto and Tiana Garbett at Sheppard Mullin.
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10 Global Antitrust Trends To Anticipate In 2024
Proactive navigation of the antitrust enforcement environment remains crucial this year as legal policy and tools evolve to meet intensifying global economic complexity, including geopolitical tensions, trade realignment, market volatility and inflation, say attorneys at Freshfields.
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Global Cartel Enforcement Looks Set To Intensify In 2024
The cartel enforcement winds may strengthen this year, with the U.S. Department of Justice, as well as regulators in other countries, placing a renewed focus on pursuing international cartels and more traditional, hard-core cartel conduct, say attorneys at Simpson Thacher.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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What Can Be Learned From Adobe-Figma Merger Termination
The Competition and Markets Authority’s role in the recent termination of the proposed Adobe-Figma merger deal indicates the regulator's intention to be seen as a strong enforcer in the technology sphere, and serves as a warning for companies to address antitrust risks early on in the merger process, say Deirdre Taylor and Molly Heslop at Gibson Dunn.