Competition

  • April 28, 2016

    Pharmacies Say Express Scripts Conspiracy Suit Has Legs

    Express Scripts’ bid to escape an antitrust suit brought by compounding pharmacies who say it conspired with other pharmacy benefit managers to push them out of the market was little more than “self-serving fiction,” the compounders said in Missouri federal court Wednesday.

  • April 28, 2016

    InterDigital Wants Fed. Circ. To Eye Microsoft Antitrust Row

    InterDigital urged a Delaware federal court on Wednesday to allow the company to ask the Federal Circuit whether it should face allegations that it violated federal antitrust law after Microsoft failed to identify the specific patents that InterDigital allegedly relies upon to set what Microsoft calls unfair terms for licensing wireless technology.

  • April 28, 2016

    $835M Dow Chemical Price-Fixing Settlement Clears Hurdle

    A Kansas federal judge granted preliminary approval Wednesday to an $835 million settlement between Dow Chemical and a class of purchasers of an ingredient used in foam products, amounting to three-quarters of a judgment imposed on Dow after trial, saying the agreement appears to fairly resolve the purchasers’ price-fixing claims.

  • April 28, 2016

    Disbarred 'Kids For Cash' Atty Ducks Sanctions Bid

    Plaintiffs in class action litigation stemming from Pennsylvania’s so-called “Kids for Cash” judicial kickback scandal agreed Thursday to withdraw a motion for sanctions against Vision Holdings LLC and Powell Law Group for failing to pay the full amount of a $4.75 million settlement in the case.

  • April 28, 2016

    FCA Whistleblower Slams Hospice's Bid To Block Witnesses

    A False Claims Act whistleblower alleging Vista Hospice Care Inc. enticed fake referrals to boost enrollment in its program urged a Texas federal court Thursday to let two whistleblowers from another suit testify, saying their financial stake in the current case's outcome was legitimate.

  • April 28, 2016

    25 Charged With Fraud In $26M Medicare Part D Sweep

    Twenty-five people were charged in Florida federal court Thursday with participating in various pharmacy schemes that involved kickbacks and about $26 million total in false claims to Medicare's Part D program, the U.S. government said Thursday.

  • April 28, 2016

    Atty In NY Mayor Bribery Scheme Officially Disbarred

    An attorney who was convicted on fraud, bribery and witness tampering charges for his role in a scheme to buy a path for New York Republican Malcolm Smith into the mayor’s office was disbarred, according to a New York appeals court order Wednesday.

  • April 28, 2016

    2nd Circ. Upholds NY Politician's Corruption Conviction

    The Second Circuit on Thursday upheld a former New York City councilman’s conviction and sentence for his role in separate alleged corruption schemes, including a plot to bribe GOP leaders to allow a Democratic politician to run for mayor as a Republican, citing sufficient evidence and rejecting statutory arguments.

  • April 28, 2016

    Comcast, Roku Prove FCC Can Unlock Set-Top Box: Wheeler

    Federal Communications Chairman Tom Wheeler said Thursday that a plan by Comcast to let its subscribers access cable programming on a Samsung smart TV or Roku player proves the feasibility of his set-top box proposal but does not mean that industry will make programming available on a widespread basis without regulatory action.

  • April 28, 2016

    Houston Atty Makes Bid To Nix Lengthy RICO Suit Sanctions

    A Houston attorney, who along with his former clients was slapped earlier this month with sanctions related to litigation in a six-year-running lawsuit alleging Racketeering Influence and Corrupt Organizations act violations, asked a Texas federal judge Wednesday to reconsider his decision.

  • April 28, 2016

    Colgate To Pay Australia $14M Over Soap Collusion

    Colgate-Palmolive Pty. Ltd. must pay AU$18 million ($13.7 million) to the Australian government for collusion and other anti-competitive behavior with its soap-making rivals, Australian regulators said Thursday.

  • April 28, 2016

    DOJ Orders Divestitures For $4B KeyCorp, First Niagara Deal

    KeyCorp and First Niagara Financial Group Inc. will sell 18 of First Niagara’s branches in the Buffalo, New York, area to resolve antitrust concerns that arose from KeyCorp’s $4 billion merger deal with First Niagara, the U.S. Department of Justice said Thursday.

  • April 28, 2016

    Longtime UK Expats Lose Bid For Brexit Voting Rights

    A U.K. court ruled Thursday that British citizens who have been living abroad for more than 15 years can't vote in an upcoming referendum on whether the country will remain in the European Union, rejecting a suit from a White & Case LLP competition attorney.

  • April 28, 2016

    Wachtell Steers Abbott In $25B Deal For St. Jude Medical

    Abbott Laboratories, led by Wachtell, unveiled on Thursday a $25 billion cash-and-stock acquisition of medical device maker St. Jude Medical, strengthening its position in the cardiovascular market with products that can treat medical issues like atrial fibrillation, structural heart disease and heart failure.

  • April 27, 2016

    22 Firms Win Top Marks From GCs On AFAs

    Twenty-two law firms are the cream of the crop when it comes to delivering alternative fee arrangements, according to a new report. Here’s what clients say sets them apart and how the firms say they make it work.

  • April 27, 2016

    FTC Settles Monopoly Case With Medical Polymer Co. Invibio

    Polymer materials supplier Invibio Inc. has agreed to settle Federal Trade Commission claims that it violated antitrust law by using long-term exclusive contracts to maintain its monopoly power, the FTC said Wednesday.

  • April 27, 2016

    'Relentless Bully' Atty Files Antitrust Suit Over Disbarment

    A Los Angeles attorney described as a "relentless bully" at his disbarment hearing told a federal court Wednesday that the State Bar of California engaged in anti-competitive behavior by preventing him from practicing law after it labeled him a "vexatious litigant."

  • April 27, 2016

    Hall Render Makes NC Debut With Trio From K&L Gates

    The rapidly expanding Hall Render Killian Heath & Lyman PC said Tuesday it has opened a Raleigh, North Carolina, office with three former K&L Gates LLP attorneys who will focus on competition, litigation, real estate, employment, transactions, the Health Insurance Portability and Accountability Act and other health care matters.

  • April 27, 2016

    MLB Antitrust Objector's Lead Atty To Face Sanctions Bid

    Major League Baseball fans who reached an antitrust class settlement to reduce the cost of watching baseball online can move for sanctions against the Texas-based attorney behind what the class has described as a frivolous settlement objection, a New York federal judge said Wednesday.

  • April 27, 2016

    Tata Hit With Injunction After $940M Trade Secrets Verdict

    Units of Indian superconglomerate Tata Group were hit with an injunction Wednesday when a Wisconsin federal judge ruled that, in light of a $940 million trade secrets verdict against the companies, they should be barred from using stolen information about Epic Systems Corp.’s health care software.

Expert Analysis

  • Gov't Hiring Private Attys Is Proper As A Matter Of Law

    Linda Singer

    Various corporate defendants have vigorously fought, lost and refought challenges to the government’s ability to hire outside counsel on a contingent-fee basis. These failed efforts show why the use of outside counsel by government agencies, rather than being wrong, is entirely right, says Linda Singer, former District of Columbia attorney general now with Cohen Milstein Sellers & Toll PLLC.

  • Quo Vadis FTC?: The Meaning Of FTC Case Against Endo

    Robert Reznick

    The Federal Trade Commission's recent complaint against Endo Pharmaceuticals — the FTC's first lawsuit challenging a "no-authorized-generic" agreement — reflects a number of positions that the FTC has taken in litigation or in amicus briefs, but more broadly reflects two characteristics of commission legal actions against Hatch-Waxman settlements, say Robert Reznick and David Goldstein of Orrick Herrington & Sutcliffe LLP.

  • No Minimum Level For R-Squared In Regression Analysis

    William Choi

    Presentations of regression analysis in litigation matters often emphasize the R-squared statistic, which provides, in a single number, a measure of how well the regression model fits the data. But is there a minimum threshold for R-squared? We reviewed 315 economics articles where a regression analysis was undertaken across three peer-reviewed journals published in 2014 and 2015 and observed a wide range of values for R-squared, s... (continued)

  • Benefits Of Expedited Review Of Sole-Source Drug ANDAs

    Jiazhong Luo

    The U.S. Food and Drug Administration's recently updated expedited review of abbreviated new drug applications for “sole-source” drug products is a positive development that will provide incentives for generic companies to develop generic versions of off-patent one-source drugs, with potential benefits of keeping the cost of generic drugs down and reducing drug shortage, say Jason Luo and Jordana Garellek at Duane Morris LLP.

  • Avoiding The Pitfalls Of Researching Attorneys In PACER

    Brian Howard

    While PACER is a powerful tool for gaining information, practitioners should keep in mind that certain flaws often cause lawyers to be omitted from cases they’ve worked on or to show up associated with the wrong firm. These errors build up across aggregate records, tainting any conclusions drawn from such data — often to a surprising extent, according to Brian Howard, a legal data scientist at Lex Machina.

  • A Review Of Gov't Cases Against Execs In Q1

    Kirby Behre

    In this article, attorneys with Miller & Chevalier Chtd. highlight the most significant cases and government investigations that affected corporate executives in the first three months of 2016.

  • Economics Of Harm From Biologic-Biosimilar Competition

    Michal A. Malkiewicz

    As the launch of biosimilars in the U.S. picks up momentum, so too will the number of high-stakes biologic-biosimilar disputes. However, the traditional economic analysis employed for Hatch-Waxman brand-generic disputes, while still useful, will not be sufficient to guide irreparable harm and other economic analysis in this new life sciences competitive landscape, says Michal Malkiewicz, a director at Epsilon Economics LLC.

  • What 2nd Circ. Signaled In NY Casino Antitrust Case

    Moses Silverman

    The Second Circuit's recent decision in Concord Associates v. Entertainment Properties Trust reaffirms the viability of motions to dismiss based on inadequate market definition in antitrust cases, say Moses Silverman and Joshua Kaye of Paul Weiss Rifkind Wharton & Garrison LLP.

  • Accessory Liability Still Can't Extend FCPA Jurisdiction

    Madeleine E. Moise Cassetta

    Many Foreign Corrupt Practices Act prosecutions and, eventually, deferred prosecution and nonprosecution agreements involving foreign nationals with no connection to the U.S. often have been predicated on charges of conspiracy or aiding and abetting. Yet, following U.S. v. Hoskins — reaffirmed by the Connecticut federal court last month — this prosecution strategy appears questionable, says Madeleine Moise Cassetta of LeClairRyan.

  • Another Take On Reed Smith, Pepper Hamilton Merger Talks

    Mark A. Cohen

    It is no accident that last year was a record year for law firm mergers. And while most of them involved smaller firms, there were some big tie-ups too. Thank Dentons for contributing more than its fair share to the latter category. This year, projections are that a new record for law firm mergers/acquisitions will be established. That again begs the “why?” question, says Mark A. Cohen, founder of Legal Mosaic LLC.