• October 5, 2015

    Schumer Urges FCC To Keep TV Exclusivity Rules

    A Democratic senator urged the Federal Communications Commission to hold off on a controversial proposal that would eliminate broadcast TV exclusivity rules in a letter sent last week.

  • October 5, 2015

    8th Circ. Voids Cisco Whistleblowers' $8.1M Award

    The Eight Circuit cited lack of claim overlap Monday in tossing a panel decision that had affirmed an $8.1 million award to two whistleblowers who helped bring a defective pricing and kickback False Claims Act suit against Cisco Systems Inc. and one of its distributors.

  • October 5, 2015

    DynCorp Federal Contract Rival Wants Espionage Suit Tossed

    An AAR Corp. unit urged a Florida federal court Friday to dismiss DynCorp International LLC’s suit alleging AAR gleaned trade secrets from former DynCorp employees, saying DynCorp’s complaint was vague and intended to “harass” AAR as they compete for a lucrative federal aviation contract.

  • October 5, 2015

    Swiss Court Denies Venezuelan Soccer Official's Bail Bid

    The Federal Criminal Court of Switzerland has denied a request by an indicted South American soccer official to be released on bail pending extradition proceedings in the U.S.’ wide-ranging soccer corruption case, finding that he is a flight risk, it was announced on Monday.

  • October 5, 2015

    AbbVie Docs Not Privileged In Pay-For-Delay Suit, FTC Says

    AbbVie Inc. has improperly clawed back documents in a pay-for-delay suit over testosterone replacement treatment AndroGel and wrongly told the court that certain documents are privileged, the Federal Trade Commission told a Pennsylvania federal judge Friday.

  • October 5, 2015

    Fla. Judge Won't Let Health First Dodge FCA Suit

    A Florida federal judge Friday denied Health First Inc.'s request to dismiss claims that it defrauded the government of hundreds of millions of dollars by providing kickbacks to physicians who referred patients to them, calling the motion moot.

  • October 5, 2015

    Delta, AirTran Blast 'Conspiracy Theory' In Bag-Fee MDL

    Delta Air Lines Inc. and AirTran Airways Inc. urged a Georgia federal court Friday to boot a proposed antitrust class action accusing them of colluding to institute a first-checked baggage fee, saying they had legitimate business reasons for adopting fees that were similar to those of competitors.

  • October 5, 2015

    Bristol-Myers Squibb Pays $14M Over Alleged China Bribes

    Bristol-Myers Squibb Co. on Monday agreed to pay $14 million to settle allegations by the U.S. Securities and Exchange Commission that its representatives in China bribed state-owned and state-controlled hospitals to boost prescription sales.

  • October 5, 2015

    San Jose Strikes Out In MLB Antitrust Immunity Challenge

    The U.S. Supreme Court on Monday denied a bid to hear an antitrust lawsuit by the city of San Jose, California, against Major League Baseball over the potential relocation of the Oakland Athletics, putting an end to the latest challenge to professional baseball's long-held exemption from antitrust law.

  • October 2, 2015

    Aetna Seeks Sanctions Over Counterclaim In $120M Fraud Suit

    Aetna demanded a Houston-area hospital and its attorneys be sanctioned over its "retaliatory" RICO counterclaim in the insurer's $120 million billing fraud and kickback suit, arguing to a Texas federal judge Friday that the claim is unsupported and copies Aetna's complaint.

  • October 2, 2015

    NCAA To Examine Athlete Time Demands For Major Sports

    The NCAA said the Division I Council will take a look at the time demands placed on student-athletes competing at the highest level of college sports amid legal challenges to its amateurism model and a nationwide debate over whether college student-athletes should be paid. 

  • October 2, 2015

    Breaking Down The Cox Set-Top Box Antitrust Bellwether

    A bellwether antitrust trial over Cox Communications Inc.'s alleged practice of tying premium cable services to its set-top box rentals in Oklahoma City is set to begin Oct. 13. In the case, cable subscribers allege Cox uses its market power to force them into renting the company's hardware in order to access premium services like pay-per-view or video-on-demand.

  • October 2, 2015

    Kaplan Fox, Kahn Swick To Lead Eletrobras Investor Suit

    A New York federal judge consolidated two putative investor class actions against Brazilian state-run power company Eletrobras on Thursday, naming Kaplan Fox & Kilsheimer LLP and Kahn Swick & Foti LLC lead counsel.

  • October 2, 2015

    Reckitt Loses Reconsideration Bid In Mucinex Antitrust Row

    Reckitt Benckiser Inc.’s bid to escape an antitrust and contract breach lawsuit filed by URL Pharma Inc. over a right to sell generic Mucinex has again fallen short, with a Pennsylvania federal judge refusing to reconsider an earlier decision.

  • October 2, 2015

    Coca-Cola, Visa, McDonald's Urge FIFA Prez To Step Down

    FIFA sponsors Coca-Cola, Visa and McDonald's on Friday called on embattled FIFA President Joseph "Sepp" Blatter to step down immediately new criminal allegations against him in order to help the soccer governing body rebuild credibility amid a wide-ranging corruption investigation.

  • October 2, 2015

    Capacitor Cos. Want Foreign Sales Price-Fixing Claims Nixed

    Capacitor manufacturers accused in multidistrict litigation of participating in a price-fixing scheme told a California federal court Thursday to toss various purchasers’ claims related to certain overseas sales, saying the Foreign Trade Antitrust Improvements Act bars them.

  • October 2, 2015

    UK Agency Takes Aim At Hutchison's $15.5B O2 Buy

    Britain’s competition regulatory authority is seeking to review Hutchison Whampoa’s planned £10.25 billion ($15.5 billion) acquisition of Telefonica’s U.K. mobile phone business O2, saying Friday that its early review found the deal “threatens” to affect competition.

  • October 2, 2015

    EU Antitrust Chief Says 'No Magic Number' For Telecom Deals

    The European Union’s competition chief warned Friday that there was “no magic number” of wireless companies in a country that would help a telecommunications merger escape antitrust scrutiny and cautioned that there was little evidence that consolidation was needed to boost network quality.

  • October 2, 2015

    5th Circ. Revives Veterinary Insurance Antitrust Suit

    The Fifth Circuit filed an opinion Thursday partially affirming and reversing a Texas district court's ruling in an antitrust suit over access to the veterinarian insurance market brought by an upstart brokerage against HUB International Ltd., finding HUB is exempted against federal claims but the plaintiff has standing to pursue state claims.

  • October 2, 2015

    Latham Snags Former EU Antitrust Official In Brussels

    Latham & Watkins LLP has strengthened its antitrust and competition law practice in its Brussels office with the addition of an attorney who previously served as senior legal and policy adviser to former EU Competition Commissioner Joaquín Almunia, the firm has announced.

Expert Analysis

  • Steris-Synergy Merger Case — A Missed Opportunity

    Beau W. Buffier

    Federal Trade Commission v. Steris Corp. was closely watched because it promised to be the first judicial treatment of potential competition in many years. Unfortunately for antitrust lawyers, the Ohio federal court's decision did not examine the validity or scope of the potential competition doctrine, say attorneys with Shearman & Sterling LLP.

  • In Congress: Boehner, Shutdown, President Xi

    Richard A. Hertling

    Once again Congress is racing against the clock to keep the federal government open — before a midnight deadline Wednesday. The tumultuous process fits the highly partisan pattern of recent years and even led to the surprise announcement Friday from Speaker of the House John Boehner that he will resign from his leadership post and from Congress, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • OPINION: Have Big Law Firms Lost Their Way?

    Dennis R. Suplee

    My hope is that this article will not be seen as a rant by a senior trial lawyer. The truth is that some things get worse with the passage of time and it should be fair to comment upon such deterioration, says Dennis Suplee, a partner and former chairman of Schnader Harrison Segal & Lewis LLP.

  • Kickstarting Information Governance: 3 Ideal Pilot Projects

    Helen Geib

    Picking the low-hanging fruit of old backups, archives and legacy data is an excellent starting point for better information governance, says Helen Geib, general counsel for QDiscovery.

  • Anti-Corruption Tips For Health Care Cos. Operating In China

    Bingna Guo

    Multinational companies operating in China now need to navigate both Foreign Corrupt Practices Act requirements and China’s domestic anti-corruption measures, and Chinese anti-corruption laws are even broader than the FCPA as they include commercial bribery regulations, which are vague and sometimes confusing, say Bingna Guo and Lining Shan of O'Melveny & Myers LLP.

  • 2nd Circ. Shows Difficulties Robinson-Patman Claims Face

    C. Scott Lent

    The Second Circuit's affirmation of a grant of summary judgment in Cash & Henderson Drugs v. Johnson & Johnson shows the difficult burdens that Robinson-Patman Act plaintiffs often face in litigating their claims and it reaffirms that, even when price discrimination occurs, a plaintiff must prove that it suffered harm from the discrimination, say C. Scott Lent and John Rackson of Arnold & Porter LLP.

  • The Hidden Costs Of FCPA-Related Corporate Transparency

    Matthew J. Herrington

    For compliance professionals and corporate counsel looking to understand where the line between puffery and actionable lies, City of Brockton v. Avon Products Inc. has much to teach and in fact much more to teach than In re Petrobras Securities Litigation, as the Brockton court distinguished between compliance pronouncements that were and were not actionable, say attorneys at Steptoe & Johnson LLP.

  • Yates Memo May Change DOJ Cartel Enforcement

    James W. Cooper

    The new policies intended to strengthen the U.S. Department of Justice's efforts to hold corporate executives accountable for unlawful conduct can be expected to have little, if any, effect on the Antitrust Division's Corporate Leniency Program. The real potential for a change in practice reveals itself when companies under investigation who are not amnesty applicants consider their options, say attorneys with Arnold & Porter LLP.

  • Shipping Act Preempts State Antitrust Law For 1st Time

    John Longstreth

    A New Jersey federal court's recent decision in the Vehicle Carrier Services Antitrust Litigation is important as a confirmation that federal preemption remains a viable defense to state-law antitrust claims, notwithstanding the U.S. Supreme Court’s decision in Oneok Inc. v. Learjet Inc., say John Longstreth and Allen Bachman of K&L Gates LLP.

  • Solving Law Firm Staffing Problems Through Innovation


    Lawyers’ workflows tend to bottleneck, partly through their own arrogance and partly because of the systemic burden they carry per the occupation and clients. Proper delegation is not an admission of incompetence — rather, those who develop processes built on trust will find more success than their micromanaging counterparts, says Anthony Johnson of American Injury Attorney Group.