Competition

  • July 30, 2014

    Time Warner Unit Dodges Antitrust Suit Over Cable-Box Tying

    A Time Warner Inc. subsidiary on Tuesday escaped a proposed antitrust class action accusing the cable operator of illegally tying cable box rentals to its premium cable services, with a Kentucky federal judge finding that the plaintiffs hadn't provided enough evidence of the alleged practice.

  • July 30, 2014

    Bosch Releases Trico From Suit Over Wiper Trade Secrets

    Windshield-wiper maker Robert Bosch LLC said Wednesday that it had reached a settlement releasing competitor Trico Products Corp. from its trade secrets suit against a former Bosch employee it claims stole confidential information when leaving the company to join Trico as an executive, according to a Wednesday filing in Virginia federal court.

  • July 30, 2014

    Class Arbitration A Question For Courts, 3rd Circ. Says

    In a precedential ruling, the Third Circuit determined Wednesday that whether an arbitration agreement permits classwide arbitration is a question for courts — not arbitrators — to decide, siding with Robert Half International Inc. in its challenge to an arbitrator's ruling that its agreements with former staffing managers allowed class proceedings. 

  • July 29, 2014

    China Food Co.'s Ex-Chairman Targeted In Bribery Probe

    A former chairman of the Chinese company that acquired a majority stake in England-based cereal maker Weetabix Ltd. is under investigation by Shanghai prosecutors for allegedly taking bribes during his earlier stints as an executive for Shanghai Friendship Group Inc. and Lianhua Supermarket Holdings Co. Ltd., according to the Shanghai Municipal Government website on Tuesday.

  • July 29, 2014

    Toshiba Can't Force Settlement Discovery In Price-Fixing MDL

    A California federal judge on Monday denied a bid by Toshiba America Information Systems Inc. to force several plaintiffs to fork over settlement agreements in multidistrict litigation over cathode ray tubes price-fixing, finding the discovery request was premature.

  • July 29, 2014

    Chinese Antitrust Watchdog Raids Microsoft Offices

    Chinese antitrust authorities on Monday raided Microsoft Corp.'s offices in the country based on concerns about interoperability issues related to the technology giant's popular Office software, officials said Tuesday.

  • July 29, 2014

    Belgian Shipper Wants DOD's False Claims Suit Dismissed

    Belgian shipper Gosselin Worldwide Moving NV and executive Mark Smet moved Tuesday to dismiss allegations the company submitted about 9,100 false claims under a military moving services contract, saying that the government hadn't proven that it had engaged in price-fixing that inflated contract costs.

  • July 29, 2014

    SEC's FCPA Crackdown Looms Over Small-Cap Cos.

    As the U.S. Securities and Exchange Commission makes good on its promise to crack down on violations of the Foreign Corrupt Practices Act, small publicly traded companies like Smith & Wesson Holding Corp. — which paid $2 million Monday to settle bribery charges — are struggling to balance the draws of emerging market expansion with the costs of American regulatory compliance.

  • July 29, 2014

    BP, Shell Blast Class's Crude Oil Manipulation Claims

    Morgan Stanley, Royal Dutch Shell PLC and others asked a New York federal to toss a consolidated class action in multidistrict litigation accusing them of manipulating crude oil futures, arguing that the plaintiffs can't point to specific antitrust conduct to back their claims.

  • July 29, 2014

    EU Approves $260M Aid For Struggling Polish Airline LOT

    The European Commission on Tuesday approved Poland’s plan to aid struggling airline LOT, the country’s flagship carrier, with €193.6 ($259.6 million) to support a restructuring program intended to stave off bankruptcy, ruling the money will not unduly distort competition.

  • July 29, 2014

    Deutsche Bank, Barclays Face Monitors In NY Forex Probe

    New York’s top banking regulator is reportedly seeking to put monitors in place at Deutsche Bank AG and Barclays PLC as an investigation into alleged foreign exchange market-rigging picks up steam.

  • July 29, 2014

    Endo, Watson Seek Dismissal Of Lidoderm Pay-For-Delay Suits

    Endo Pharmaceuticals Inc., Teikoku Seiyaku Co. Ltd. and Watson Pharmaceuticals Inc. urged a California federal judge on Monday to dismiss several suits in multidistrict litigation accusing them of illegally agreeing to delay a generic version of the Lidoderm pain relief patch, arguing the deal was perfectly lawful.

  • July 29, 2014

    Iraq Extradites Ex-Gov't Contractor Accused Of Bribery To US

    A former U.S. Department of Defense contractor was arraigned in Ohio federal court on Monday following extradition from Iraq over charges he tried to bribe department officials to win contracts, the U.S. Department of Justice said.

  • July 29, 2014

    Judge Axes Discovery For DQ Bid In Kaplan Fox Freight MDL

    A New York federal judge refused Monday to allow airlines accused in multidistrict litigation of price-fixing air-cargo rates to obtain discovery in their bid to disqualify Kaplan Fox & Kilsheimer LLP as plaintiff counsel, saying there was no evidence it gleaned confidential information about the airlines' litigation strategy.  

  • July 29, 2014

    Suit Over Deutsche Bank Takeover Bid To Get A Closer Look

    Deutsche Bank AG’s long-simmering bid to take over Deutsche Postbank AG hit a snag Tuesday when Germany’s high court declined to give it final approval and instead referred a lawsuit brought by an investor over the deal to an appeals court for further consideration.

  • July 29, 2014

    Pfizer Unit Can’t End Skelaxin Pay-For-Delay Row In Pa.

    A Pennsylvania judge has rejected a request by Pfizer Inc. unit King Pharmaceuticals Inc. and Mutual Pharmaceutical Co. Inc. to throw out litigation launched by generics maker SigmaPharm Inc. alleging the companies conspired to suppress the release of generic forms of the muscle relaxant Skelaxin.

  • July 28, 2014

    Kodak Joins Aluminum Price-Fixing Suits Against Banks

    Eastman Kodak Co. on Monday became the latest plaintiff in a slew of antitrust lawsuits across the nation alleging Goldman Sachs Group Inc., JPMorgan Chase and Co., the London Metal Exchange and others schemed to inflate the value of aluminum by stockpiling huge amounts of the metal.

  • July 28, 2014

    $350M Antitrust Lawsuit Against Marriott Dismissed

    Marriott International Inc. on Monday won the dismissal of a $350 million antitrust suit brought by the bankrupt owner of a Marriott hotel on Manhattan’s Upper East Side that alleged the hotel management company forced it to take on a union in an under-the-table deal that kept its higher-profile Manhattan hotels free of labor organization.

  • July 28, 2014

    Drug Discount Deal Won't Trigger Kickback Penalties: OIG

    A drugmaker potentially breached the Anti-Kickback Statute by supplying discounts that could encourage use of other items and services covered by Medicare and Medicaid, but the company enacted safeguards that reduced the risk of fraud and made sanctions unnecessary, according to an Office of Inspector General opinion posted Monday.

  • July 28, 2014

    Eurotunnel, SeaFrance Fight UK Merger Ban

    Groupe Eurotunnel SA and the former SeaFrance SA have appealed the U.K. Competition and Markets Authority's decision blocking the merger between the Channel Tunnel operator and the remnants of the now-defunct French ferry operator, according to notices published on Friday.

Expert Analysis

  • Amid M&A Uptick, Bidders Must Heed UK Code Changes

    Ilan Kotkis

    Potential bids by U.S. suitors for U.K. target companies in the pharmaceutical and health care sectors seem to be a recurring theme this year

  • Generic Drugs At 30: Fulfilling The Promise And Path Ahead

    Alan Klein

    Although challenges remain for generics, it is clear at the 30-year mark that the promise of Hatch-Waxman has been realized, quite possibly beyond the dreams of Senator Orrin Hatch and Congressman Henry Waxman, say Alan Klein and Solomon David of Duane Morris LLP.

  • High Court Will End Circuit Split With Libor MDL Case

    Stacey Slaughter

    The U.S. Supreme Court's acceptance of Gelboim v. Bank of America Corp. will resolve a circuit split on whether a plaintiff can immediately appeal the district court’s dismissal of a lawsuit that has been consolidated with other suits that are still pending, but it is merely the first of several steps needed to revive the bondholder plaintiffs' antitrust claim, say Stacey Slaughter and Thomas Berndt of Robins Kaplan Miller & Ciresi LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • Lines Drawn In Tesla Direct Sales Battle

    Robert A. Zinn

    Given Tesla’s current tiny share of the U.S. auto market, the debate over Tesla’s direct sales to consumers may seem like much ado about nothing. But the direct sales model is also being studied by both new Chinese automakers and mainstream U.S. and global manufacturers as they plan their future U.S. marketing strategies, says Robert Zinn of Carlton Fields Jorden Burt LLP.

  • Lessons From Omnicare Settlement In 'Swapping' Cases

    Katherine A. Lauer

    The Omnicare settlements, while not adding to the substantive case law, do demonstrate that these swapping cases will likely become more common in the coming years as more qui tam relators are tempted by these and other large settlements, say Katherine Lauer and Amy Hargeaves of Latham & Watkins LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.