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Competition
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March 21, 2024
CFPB Head Sees Flaws In Capital One-Discover Deal Rationale
The head of the Consumer Financial Protection Bureau pushed back on Thursday against the notion that an industry's biggest firms must be put in check through mergers between other large players in that sector, offering an indirect rebuttal to the reasoning floated by Capital One in its bid to buy Discover Financial for $35.3 billion.
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March 21, 2024
Faegre Drinker Hires Indianapolis Litigation Boutique Founder
Faegre Drinker Biddle & Reath LLP has hired a founding partner of Indianapolis litigation boutique Hoover Hull Turner LLP, who joins the firm as a partner to continue her practice centered on business litigation matters, the firm recently announced.
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March 21, 2024
DOJ Sues Apple, Rounds Out US Claims Against Tech Big 4
The U.S. Department of Justice and several state attorneys general on Thursday launched an antitrust suit against Apple, accusing the world's dominant smartphone maker of maintaining an anti-competitive monopoly over its iron grip over the iPhone, rounding out the quartet of long-anticipated government antitrust litigation already proceeding against Google, Meta and Amazon.
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March 21, 2024
FDIC To Target Deals Creating Cos. With $100B-Plus In Assets
The Federal Deposit Insurance Corp. on Thursday approved a policy proposal that floats new ways the agency would assess the "financial stability" of proposed mergers between insured depository institutions, for the first time identifying $100 billion in assets as the threshold for deals that would get "added scrutiny."
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March 20, 2024
Gas Buyers Want Judge Recused From Shale Cartel Suits
A would-be class of gasoline buyers pursuing antitrust claims against a string of shale oil producers told a Nevada federal judge on Tuesday that her admitted ownership of stock in Exxon Mobil Corp. required her to recuse herself from presiding over the litigation.
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March 20, 2024
UFC To Pay Fighters $335M To Settle Wage Suppression Suit
The parent company of UFC revealed Wednesday that it will pay $335 million to settle a class action alleging fighters' wages were suppressed by up to $1.6 billion, a move that comes after the two sides entered mediation last month ahead of a now-vacated trial.
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March 20, 2024
UK Gov't Launches Plan To Reverse Litigation-Funding Fallout
The government has published a two-clause bill designed to overturn a ruling by Britain's Supreme Court that threatened the status of many litigation-funding agreements, ending most of the speculation about how the effects of the decision will be nullified.
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March 20, 2024
Varsity Brands Told To 'Litigate The Case,' Not Atty 'Errors'
A Tennessee federal judge pressed Varsity Brands and the parents of cheerleader athletes accusing the cheer supply company of antitrust violations to stop bickering over procedural matters and focus on the merits of the case.
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March 20, 2024
Amazon Wants Rethink On E-Book Monopolization Suit
Amazon is asking a New York federal court to reconsider U.S. District Judge Gregory H. Woods' rejection of the company's motion to dismiss a proposed class action alleging that the company has monopolized the e-book market, or to at least certify two questions for the Second Circuit to address on interlocutory appeal.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
Slaughter And May Cuts Partner Promotions By Half In 2024
Slaughter and May said on Wednesday that it is adding to its bench of up-and-coming leaders by promoting five lawyers to its partnership — only half the number it elevated in 2023.
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March 20, 2024
Senators Want More Scrutiny For Defense M&A Deals
Two U.S. senators are calling on the Pentagon to shift the way it reviews defense industry mergers and dedicate more staff to the task, saying that contractor consolidation is jeopardizing national security and diminishing returns for taxpayer dollars.
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March 20, 2024
Re/Max GC Sees Light At The End Of Antitrust Tunnel
Re/Max general counsel Susie Winders has spent several years in a joint defense group fighting antitrust cases brought by sellers over real estate commissions, and she says she is now "very pleased" over recent settlements despite their costs.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 20, 2024
Google Fined €250M By France For Media Copyright Breaches
France's competition regulator said Wednesday that it has hit Google with a €250 million ($271 million) fine for using content from news agencies without alerting them or payment.
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March 19, 2024
Hermes Faces Antitrust Suit Over Exclusive Birkin Bag Sales
Consumers hit Hermès with a proposed antitrust class action Tuesday in California federal court, accusing the luxury fashion retailer of tying the sale of its iconic Birkin handbag to other expensive items by requiring customers to establish a "sufficient purchase history" before they can even view the bag.
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March 19, 2024
Texas Energy Co. Should Put Service Before Price, Court Hints
Texas Supreme Court justices questioned an electricity provider about its argument that the Public Utility Commission of Texas' policy setting price caps during extreme events goes against state law, asking if the agency should prioritize competition over keeping "the lights on" during oral arguments Tuesday.
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March 19, 2024
Healthcare Provider Says Optum Can't Duck Suit Or Arbitrate
An East San Gabriel Valley nonprofit healthcare system has urged a California federal judge not to toss, or force into arbitration, its antitrust suit accusing Optum Health of lying to patients as part of broader efforts to force the system out of the local primary care physicians market.
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March 19, 2024
Don't Impose Foreign Ownership Regs On ISPs, FCC Told
As the Federal Communications Commission mulls how it's going to regulate broadband now that the Democratic majority plans to reclassify it as a Title II service, a free market think tank is urging the agency not to apply the agency's foreign ownership regulations to internet service providers.
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March 19, 2024
Clemson Sues Over 'Unconscionable' Fees To Exit ACC
Clemson University on Tuesday sued the Atlantic Coast Conference in South Carolina state court, alleging that the conference is hindering its ability to explore alternative options regarding conference membership because it claims member institutions must pay an "unconscionable and unenforceable" $140 million to leave the conference.
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March 19, 2024
EU Accuses Kingspan Of Skirting Merger Review Demands
The European Commission on Tuesday accused construction materials supplier Kingspan Group of providing inaccurate or misleading information during the review for the company's planned purchase of Trimo before ultimately abandoning the deal.
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March 19, 2024
Nippon Steel Tries To Ease Worries Over $14.9B US Steel Deal
Nippon Steel Corp. pledged to move its North American headquarters to Pennsylvania in an attempt to assure the public that its proposed $14.9 billion acquisition of Pittsburgh-based U.S. Steel will ultimately be good for the domestic steel industry.
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March 19, 2024
NCAA Hit With Putative Action Challenging Prize Money Rule
The NCAA is facing yet another legal challenge over its limits on athlete compensation, as a proposed class action in North Carolina looks to knock down the association's rules barring players from collecting prize money in outside competitions.
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March 19, 2024
Nixed JetBlue-Spirit Deal Moots Antitrust Case, 1st Circ. Told
The abandonment of JetBlue Airways Corp. and Spirit Airways Inc.'s $3.8 billion merger following a successful U.S. Department of Justice legal challenge moots a separate antitrust suit by air travelers seeking to block the tie-up, the airlines have argued to the First Circuit.
Expert Analysis
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EU Antitrust Rules Set To Pose Challenges To US Businesses
With stark differences between U.S. and European Union antitrust regimes, and potential for the forthcoming EU guidelines to turbocharge the commission's appetite for intervention, it is important that U.S. businesses with activities in the region take note of the reforms, say Andrea Pomana and Sarah Wilks at Mayer Brown.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Behind The Economics Of The DOJ's Case Against Google
Ahead of the U.S. v. Google search monopolization case set for trial in D.C. federal court Tuesday, economist Tessie LiJu Su discusses bundling, exclusive dealing, and the allegations of anti-competitive practices against the technology giant.
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2 High Court Cases Could Upend Administrative Law Bedrock
Next term, the U.S. Supreme Court will be deciding two cases likely to change the nature and shape of agency-facing litigation in perpetuity, and while one will clarify or overturn Chevron, far more is at stake in the other, say Dan Wolff and Henry Leung at Crowell & Moring.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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HHS Neuromonitoring Advisory May Have Broad Relevance
The Health Department Office of Inspector General's recent advisory opinion rejecting a neuromonitoring service's proposal for a shell arrangement isn't surprising, but it could be a harbinger of more warnings against problematic joint venture arrangements to come, says Mary Kohler at Kohler Health Law.
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Merger Proposals Reflect Agency Leaders' Antitrust Principles
Attorneys at Covington trace the recently proposed Hart-Scott-Rodino and merger guidelines changes to certain foundational concerns of the Federal Trade Commission and U.S. Department of Justice Antitrust Division leadership, including issues related to concentration associated with horizontal and vertical mergers.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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Challenging Standing In Antitrust Classes: The Uninjured
In virtually every antitrust class action, parties at the certification phase disagree about whether the proposed class includes uninjured members, but the goals of Rule 23 and judicial economy are best served by synthesizing two distinct approaches circuit courts take on this issue, say Michael Hamburger and Holly Tao at White & Case.
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How 'Purely Legal' Issues Ruling Applies To Rule 12 Motions
The U.S. Supreme Court's recent Dupree v. Younger holding that purely legal issues resolved on summary judgment need not be reraised in post-trial motions guides litigators on when to preserve certain arguments for appeal, but raises the question of how Rule 12(b) and (c) motion denials will be affected, say Blaine Evanson and Jeremy Christiansen at Gibson Dunn.
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Pros And Cons Of Top-Four Network Rule In The Digital Age
In the era of streaming, broadcasters have recently urged the Federal Communications Commission to remove the top-four network rule — which prohibits common ownership of any two major network stations — in some or all markets, but others argue the rule preserves competition and diversity, say Gregg Skall and Ashley Brydone-Jack at Telecommunications Law Professionals.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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How Merger Review Overhaul Could Affect Health Industry
For those in the health care industry considering growth and expansion strategies, the antitrust agencies' recent proposals for new Hart-Scott-Rodino rules and more complex merger guidelines will increase deal timelines, the merging parties' burden, and overall uncertainty and potential antitrust risk as to the outcome, say attorneys at Husch Blackwell.
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A Closer Look At China's Landmark Pharma Antitrust Ruling
The Supreme People's Court's recent decision in Yangtze River Pharma v. HIPI Pharma — the first antitrust litigation in China's active pharmaceutical ingredient sector — indicates a balanced regulatory approach between competition concerns and intellectual property rights protection, say analysts at The Brattle Group.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.