The city of San Jose, Calif., on Wednesday urged the Ninth Circuit to reassess the validity and scope of Major League Baseball's longstanding exemption from antitrust laws and to undo a lower court's dismissal of a suit challenging the league's refusal to permit the Oakland Athletics to relocate.
After failing to convince regulators that further consolidation would benefit the U.S. wireless industry, the CEO of Sprint Corp. parent SoftBank Corp. will make his case to business leaders and policymakers on Tuesday. But while experts acknowledge some merit to his arguments, they question the viability of this public relations push.
A male in-house counsel once told me I had not been "nice" to him when I approached him about a business opportunity and would therefore not get the business. To add insult to injury, one of my male partners told me I should be flattered by the interest paid to me by the in-house counsel, says Paulette Brown, chief diversity officer at Edwards Wildman Palmer LLP.
Several people have told me that they had a lot of trepidation when they found out they would be working for a woman. To be effective, you need to be able to eliminate or address the conscious or unconscious bias colleagues may have about having a female boss, says Nancy Mitchell, chairwoman of Greenberg Traurig LLP's New York business reorganization and financial restructuring practice.
A band of food vendors, including Walgreen Co. and Safeway Inc., on Thursday abandoned their claims against California farming cooperative NuCal Foods Inc. for its alleged role in a long-running scheme to limit egg production and hike prices, leaving the companies' Pennsylvania multidistrict litigation with one less defendant.
The Fourth Circuit on Thursday sided with Verizon Maryland Inc. in a long-running interconnection dispute with Core Communications Inc., affirming a lower court’s ruling in favor of Verizon with respect to two tort claims pursued by Core under Maryland law.
Apple Inc. has asked the judge overseeing the e-books price-fixing litigation to recuse herself from handling a summary judgment request from consumers seeking hundreds of millions in damages from Apple, accusing her of prejudging the question of whether and how much the iPad maker owes.
A real estate investor was sentenced to three years probation in Alabama federal court Wednesday for his role in a conspiracy to rig bids at public real estate foreclosure auctions.
Lawyers can expect 2014 to be a strong year for the U.S. Department of Justice's Foreign Corrupt Practice Act enforcement program as it works more closely with foreign jurisdictions and speeds up investigations, the enforcement unit's chief said Thursday at a white collar conference in Miami.
U.S. Department of Justice antitrust chief Bill Baer has recused himself from reviewing Comcast Corp.'s $45 billion bid for Time Warner Cable Inc., but the watchdog signaled Thursday that it still means business by naming Federal Communications Commission veteran Renata Hesse and litigation deputy David Gelfand to lead the probe.
New York State Assemblyman William F. Boyland Jr. was convicted by a federal jury Thursday on felony bribery and extortion charges stemming his solicitation of more than $250,000 in bribes from undercover FBI agents for real estate and carnival business deals.
The former owner of Aviation Fuel International Inc. is facing up to 20 years in prison and $250,000 in fines after admitting Thursday his role in a kickback scheme to defraud an Illinois charter airline company in Florida federal court, authorities said.
Sutter Health urged a California federal judge on Thursday to throw out a proposed class action accusing the health network of conspiring to monopolize medical services in Northern California, arguing that the plaintiffs' evidence outlining the geographic market Sutter supposedly controls is implausible.
A government contractor pled guilty in Virginia federal court on Wednesday for his role in a scheme to pay $144,000 in bribes to U.S. Department of Defense transportation officials in exchange for telecommunications contracts, prosecutors said.
Federal Communications Commission Chairman Tom Wheeler said Thursday he would propose new rules targeting agreements between local broadcasters that he believes skirt media ownership rules and drive up cable bills.
Ardagh Group SA has reached an agreement with the Federal Trade Commission’s staff on the basic terms of a divestiture plan that could resolve the agency's challenge to Ardagh’s proposed $1.7 billion acquisition of a U.S. unit of France's Saint-Gobain SA, according to a filing released Thursday by the FTC.
Virginia's General Assembly passed a bill Wednesday designed to crack down on misleading demand letters by so-called patent trolls, establishing criteria for when patent infringement allegations have been made in bad faith.
Young attorneys often make a key mistake — they fail to make themselves truly indispensable to a supervisor or to a client. They forsake forging deep bonds with a handful of select folks who will ultimately help to advance their careers, for the sake of doing bits and pieces on a variety of different matters, says Jill Nicholson, chairwoman of Foley & Lardner LLP's bankruptcy and business reorganizations practice.
The lawyer on the other side assumed I was the junior and initially deferred to my colleague, a junior male lawyer. I have to admit I did have a little bit of fun with it, playing to his view — the tea, coffee scenario. Of course, when he realized his error, it affected his contribution to the meeting, which was a positive, says Caroline Noblet, co-head of Squire Sanders LLP's labor and employment practice group.
BP PLC revealed Thursday that U.S. antitrust regulators had sought information from it following last year's raid of its offices by European Union regulators looking into allegations that BP colluded with other energy giants to manipulate benchmark oil and biofuel rates.
An exploration of the underpinnings of the First Amendment’s right-to-petition clause and the seminal case authority that has expanded its application to competitors’ efforts to protect market share will help educate business leaders on highly effective and legally permissible strategies to protect market share and how to spot when it is being used against them, says Jeffrey Gould, general counsel of The Saint Consulting Group.
As Europe continues to open its door to private damages actions, questions arise as to where to bring claims against international cartelists. It's a highly complex decision due to the set of rules governing jurisdiction in Europe. Courts in the U.K., the Netherlands and Germany are favored because they have taken an exceptionally broad, policy-based approach to taking jurisdiction in cartel damages cases, say attorneys with Zelle Hofmann Voelbel & Mason LLP.
China recently issued two sets of rules to curb corruption and unethical conduct in the health care industry. While they do not explicitly change pre-existing Chinese commercial bribery laws, they reflect the commission’s increased efforts to stamp out corruption in the health care industry, and have important implications for pharmaceutical and medical device manufacturers doing business in China, say attorneys with Ropes & Gray LLP.
The recently closed comment period for the proposed Federal Rules of Civil Procedure amendments generated passionate antipodal responses over discovery rules that appear to benefit large corporate litigants at the expense of individual plaintiffs and civil rights groups. The nature and intensity of the response should lead the committee to reconsider the overall fairness of the proposed discovery amendments, says Henry Kelston of Milberg LLP.
The proposed merger of Comcast Corp. and Time Warner Cable Inc. is going to be a conundrum for regulators. A narrow view of the markets involved could lead to a quick seal of approval, but lack of real competition, a national market for influence over norms and expectations, and public pressure may push authorities into finding new ways to measure the merger’s impact — to quantify competition and innovation through factors other than retail price, says Mitch Stoltz, staff attorney at the Electronic Frontier Foundation.
From the outset of this year's SEC Speaks conference, it became clear that the U.S. Securities and Exchange Commission is eager to complete and move past its extensive rulemaking responsibilities under the Dodd-Frank Act and Jumpstart Our Business Startups Act, and to use the resulting enhanced statutory regime to keep pace with an ever-changing market. The SEC also expects data analytics tools to enhance nearly every aspect of its operations in 2014, say attorneys with Perkins Coie LLP.
Given heightened enforcement of the Foreign Corrupt Practices Act, particularly in the energy industry, firms need to pay particular attention to anti-bribery risks when contemplating potential transactions in Mexico’s newly privatized energy markets. Significant risks also exist under the Mexican Federal Anti-Corruption Law for Public Contracts, which is broader than the FCPA and follows the “zero tolerance” approach taken by the U.K. Bribery Act, say Obiamaka Madubuko and Michael Stanek of McDermott Will & Emery.
By recently dismissing a major antitrust consumer class action accusing U.S. hotel companies and online travel agencies of a conspiracy to fix hotel room pricing, a Dallas federal court has rejected a novel theory that antitrust laws require a company to compete against itself, and has accepted the widespread usage of most-favored-nation clauses in distribution agreements, say Lindsay Harrison and Kelly Morrison of Jenner & Block LLP.
The overhaul of health care financing advanced under the Affordable Care Act has served as a catalyst for consolidation, with merger activity doubling in the last two years. Greater attention will be focused on transactions with nonprofit entities as federal regulators are concerned that the growing number of mergers could lead to anti-competitive practices, says Anne Brown of Roetzel & Andress.
Hospital–practice group mergers have drawn the attention of both federal and state antitrust enforcers in recent years. The Federal Trade Commission's recent win in a litigated challenge to St. Luke’s Health System Ltd.'s acqusition of a physician practice may foreshadow future court battles and increased leverage for antitrust enforcers. Mergers in smaller markets or in rural or medically underserved areas could be particularly difficult, says Paige Jennings of Covington & Burling LLP.