Competition

  • October 22, 2014

    'Kids For Cash' Attorneys Escape Asset Freeze

    A Pennsylvania federal judge on Tuesday denied a bid by plaintiffs embroiled in several class actions over Pennsylvania’s notorious “kids for cash” scheme to freeze 20 percent of any legal fees due to a Powell Law Group attorney and his company, saying he lacked the authority to issue one.

  • October 22, 2014

    Whistleblower Gets Omnicare Defense Pared In FCA Suit

    A Texas federal judge on Tuesday trimmed away one of Omnicare Inc.’s defenses in a long-running False Claims Act suit, finding that the nursing home pharmacy can’t dodge kickback allegations just because a whistleblower may have also been involved in misconduct.

  • October 22, 2014

    Nexium Jury Hears From Walgreen Exec On Generics

    A Walgreen Co. executive testified Wednesday at a pay-for-delay trial over AstraZeneca PLC’s Nexium that the heartburn treatment did face competition for prescriptions from several other similar drugs, but emphasized that cheaper generic versions were only available for a few lower dosages.

  • October 22, 2014

    Ex-Contractor To Pay $4.36M For Superfund Bid-Rigging

    A former project manager convicted of taking $1.5 million in kickbacks for rigging bids and other Superfund site subcontracting abuses was ordered to pay $4.36 million in restitution by a New Jersey federal court on Tuesday, the largest fine imposed to date for the scheme.

  • October 21, 2014

    Actavis Wins Bid To Keep Parts Of Antitrust Suit Under Seal

    A New York federal judge, citing concerns of competitive disadvantage, on Tuesday ordered that profit projections and other financial information remain confidential in the New York attorney general's suit accusing Actavis PLC and Forest Laboratories LLC of product-hopping antitrust claims over dementia drug Namenda.

  • October 21, 2014

    Barclays Can't Escape Investors' Libor Manipulation Claims

    A New York federal judge on Monday refused to dismiss a putative investor class action alleging Barclays PLC manipulated the London interbank offered rate and covered it up through misstatements, ruling that the plaintiffs sufficiently alleged that the financial services company acted with fraudulent intent.

  • October 21, 2014

    Michigan Latest State To Block Tesla's Direct Sale Model

    Michigan Gov. Rick Snyder on Tuesday signed into a law a controversial bill making Michigan the latest state to block Tesla Motors Inc. from selling its electric vehicles directly to consumers. 

  • October 21, 2014

    Nexium Jury Told Drug Cos. Wheeled-And-Dealed With Patent

    Nexium buyers pursuing a pay-for-delay case against AstraZeneca PLC and two generic-drug makers told a Boston federal jury on Tuesday that the pharmaceutical companies were trying to game the patent system to overcharge consumers by billions of dollars for the heartburn treatment.

  • October 21, 2014

    Nexium Pay-For-Delay Jury Told Size Of Settlement Is Key

    As the first pay-for-delay jury trial kicked off Tuesday, a Boston federal judge told jurors that though patent settlements are usually good, a large and unexplained payment in the case over Nexium could spell trouble under antitrust law.

  • October 21, 2014

    10th Circ.'s $1B Dow Ruling Flouts Dukes, Chamber Says

    The U.S. Chamber of Commerce urged the Tenth Circuit on Tuesday to grant an en banc rehearing of The Dow Chemical Corp. appeal of a jury’s $1.06 billion price-fixing judgment against the company, saying its affirmation of the judgment conflicted with U.S. Supreme Court precedent on class certification.

  • October 21, 2014

    Alcoa Execs Promise Compliance Reform To Settle Bribe Row

    Alcoa Inc. shareholders on Monday asked a Pennsylvania federal judge to approve a settlement between shareholders and the board over allegations that the company paid hundreds of millions of dollars in illegal bribes to government officials in Bahrain.

  • October 21, 2014

    Four Convicted In $158M Houston Hospital Medicare Scam

    A Texas federal jury on Monday convicted four people in connection with a $158 million Riverside General Hospital Medicare scam, in which administrators allegedly made false claims for mental health treatment in order to pay kickbacks and bribes, according to the U.S. Department of Justice.

  • October 21, 2014

    KBR, Whistleblower Trade Blows Over Privileged Docs

    KBR Inc. and a whistleblower who has accused it of defrauding the Pentagon through Iraq War subcontract overbilling and a kickback scheme continued a long-running battle over production of purportedly privileged documents, lodging competing filings in D.C. federal court Monday over the requested production.

  • October 21, 2014

    Honeywell, DuPont Coolant Pact May Violate Antitrust Law: EU

    The European Commission announced Tuesday that it believes Honeywell International Inc. and E.I. DuPont de Nemours and Co. may have violated antitrust rules by allegedly limiting the production and development of a new environmentally friendly refrigerant used in car air-conditioning systems.

  • October 21, 2014

    Special Master To Helm Walgreen Fee Fight In Pfizer MDL

    A New Jersey federal judge overseeing multidistrict litigation over whether Pfizer Inc. conspired to bar competition for its epilepsy treatment Neurontin and promoted off-label uses on Monday appointed a special master to handle a dispute over attorneys' fees between opt-out plaintiff Walgreen Co. and class counsel.

  • October 21, 2014

    JPMorgan, UBS, Credit Suisse Pay €94M Over Rate-Rigging

    The European Commission announced €94 million ($119.6 million) in settlements against J.P. Morgan, UBS, and Credit Suisse on Tuesday in connection with cartels that fixed the price of the Swiss franc-denominated Libor and certain Swiss franc interest-rate derivatives near the peak of the financial crisis.

  • October 21, 2014

    Slot Machine Maker Can't Shut Down Former GC's Rival Co.

    A New Jersey federal judge refused Monday to grant a preliminary injunction to a slot machine maker alleging its former in-house counsel defected with its trade secrets to start his own company, saying it waited too long to request relief.

  • October 20, 2014

    Forex Rigging Fines Could Reach $40B, Citigroup Says

     A number of the world’s largest banks could have to pony up as much as $40 billion in combined fines to settle the alleged rigging of foreign currency exchange markets, with Deutsche Bank AG and Barclays PLC set to owe the most, according to a Monday report released by Citigroup Inc.

  • October 21, 2014

    CORRECTED: OneBeacon Hit With $34M Verdict Over Dish Malpractice Case

    A Texas federal jury on Friday issued a $34 million verdict in favor of law firm T. Wade Welch & Associates to conclude a trial over whether OneBeacon Insurance Group Ltd. had to indemnify the firm against malpractice claims that its former client Dish Network Corp. brought after being sanctioned in antitrust litigation. Correction: An earlier version of the story incorrectly reported the amount of the verdict. The error has been corrected.

  • October 20, 2014

    Firsthand Knowledge Needed To Clear FCA Bar, 3rd Circ. Rules

    The Third Circuit on Monday upheld the dismissal of a former Medco Health Solutions Inc. executive's False Claims Act kickback suit against Bristol-Myers Squibb Co. and AstraZeneca Pharmaceuticals LP, saying that firsthand knowledge of improper activity is necessary to overcome the FCA's public disclosure bar.

Expert Analysis

  • A Convergence Of Antitrust, Anti-Graft Enforcement In China

    Kareena Teh

    In their efforts to combat unfair competition, Chinese authorities have used both antitrust and anti-corruption laws, targeted specific industries, conducted swift investigations, executed dawn raids to obtain evidence, and shared information among different departments. It is highly likely that this will continue for the foreseeable future, impacting the operations of many multinationals, say Kareena Teh and Fabian Roday of Dechert LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • CAFA Removal Procedure At Center Stage In Dart Cherokee

    Archis A. Parasharami

    If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.

  • Methodologies For Calculating FRAND Damages: Part 3

    Koren Wong-Ervin

    Courts approaching royalty rates on a patent licensed on fair, reasonable and nondiscriminatory terms are working to determine the overall value of the product that is attributable to the patented technology in the context of the related standard, but how best to do that in the selection of the royalty base is under dispute, say Anne Layne-Farrar of Charles River Associates and Koren Wong-Ervin, counsel at the Federal Trade Commission.

  • Methodologies For Calculating FRAND Damages: Part 2

    Anne Layne-Farrar

    It strikes us that the courts are off to a reasonably good start in terms of establishing solid methods and approaches for determining royalty rates or damages on a standard-essential patent licensed on fair, reasonable and nondiscriminatory terms, say Anne Layne-Farrar of Charles River Associates and Koren Wong-Ervin, counsel in the Federal Trade Commission's Office of International Affairs.

  • Methodologies For Calculating FRAND Damages: Part 1

    Koren Wong-Ervin

    Several federal courts have ruled on the appropriate methodology for calculating a royalty rate or damages on a standard-essential patent licensed on fair, reasonable and nondiscriminatory terms. While some common principles have emerged, these decisions are far from providing a consensus on FRAND licensing, say Anne Layne-Farrar of Charles River Associates and Koren Wong-Ervin, counsel at the Federal Trade Commission.

  • A Primer On 'Bad Faith' In Federal Removal Jurisdiction

    Ugo Colella

    The Federal Courts Jurisdiction and Venue Clarification Act grants a federal district court discretion to permit removal after the one-year period if it finds a plaintiff has “acted in bad faith” to prevent removal, but it didn’t come with a clear definition of "bad faith." Recent case law offers some minimal guidance on how the exception should be interpreted, say Ugo Colella and Todd Seaman of Thompson Hine LLP.

  • The State Of Umbrella Damages Under Calif. Antitrust Law

    David Martinez

    One court from the Northern District of California, along with several other federal courts, has barred umbrella damages under state antitrust laws. But a recent competing opinion from the same district court — County of San Mateo v. CSL Ltd. — suggests that umbrella damages are back on the table for claims brought under state law, say David Martinez and Jill Casselman of Robins Kaplan Miller & Ciresi LLP.

  • Another Blow Dealt To Restitution, Disgorgement Defense

    Peter Gillon

    Recently, the clear trend has been for courts to narrow insurers’ restitution/disgorgement defense considerably. A Minnesota federal court's decision in U.S. Bank v. Indian Harbor Insurance Co. takes the trend one step further, rejecting the defense outright​, say Peter Gillon and Vernon Thompson Jr. of Pillsbury Winthrop Shaw Pittman LLP.

  • How New UK Sentencing Guidelines Measure Up To US Rules

    Stephen Pollard

    The new U.K. sentencing guideline is a further step toward greater assimilation with the U.S. in the area of corporate criminal law enforcement. However, as long as the threshold for corporate criminal liability in the U.K. remains comparatively difficult to surmount, the U.K. authorities may yet struggle to keep up with their U.S. counterparts, say attorneys with WilmerHale.