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May 3, 2013
Feds Hint Convicted Lawmaker's Cooperation May Snag 3 More
Three more lawmakers could be ensnared in a federal corruption probe, federal prosecutors suggested in a Friday sentencing memorandum for former New York Sen. Shirley Huntley of Queens, who they say has been wearing a wire after admitting to taking bribes, embezzling from her nonprofit and tampering with evidence.
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May 3, 2013
Opponents Of $7B Swipe Fee Deal Escape Contempt Finding
Trade groups opposing a proposed $7.25 billion settlement of an antitrust suit over swipe fees charged by Visa Inc. and MasterCard Inc. did not act in contempt of an order requiring changes to their websites, a New York federal judge ruled Friday.
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May 3, 2013
New UK Antitrust Agency's Chief Pledges Tough Enforcement
The incoming chief executive of the U.K.'s new competition watchdog has vowed to focus on getting results in criminal prosecution and civil antitrust enforcement while making sure the agency clears mergers in a timely fashion, according to a speech released Friday.
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May 3, 2013
Exec Admits Being Bribed For $3.2M Afghanistan Contract
The former vice president of a U.S. military construction contractor pled guilty in Louisiana federal court Thursday to accepting bribes in exchange for awarding a $3.2 million subcontract to help repair an airfield in Afghanistan.
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May 3, 2013
Boies Ignored Conflict In $350M Antitrust Case, REIT Says
Host Hotels & Resorts Inc. on Thursday again called for sanctions against Boies Schiller & Flexner LLP for allegedly ignoring a conflict of interest while working a $350 million antitrust suit that claimed Marriott International Inc. colluded to keep its flagship New York hotels union-free.
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May 3, 2013
GE Gets FTC Nod For $3.3B Deal For Oil Service Co. Lufkin
General Electric Co. has received U.S. antitrust clearance for its deal to acquire Houston-based energy services company Lufkin Industries Inc. in a roughly $3.3 billion deal, the Federal Trade Commission said Friday.
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May 3, 2013
Archer Daniels Reserves $25M For Potential FCPA Settlement
Archer Daniels Midland Co. told investors Wednesday that it had set aside $25 million to resolve a Foreign Corrupt Practices Act investigation related to its grain and feed exports.
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May 3, 2013
Pfizer Unit Beats RICO Claims In Skelaxin Pay-For-Delay Row
A Pfizer Inc. unit successfully dodged racketeering claims in Pennsylvania state court Wednesday after a judge partially sustained preliminary objections in a suit accusing the company of conspiring with a Mutual Pharmaceutical Co. Inc. executive to keep generic forms of the muscle relaxant Skelaxin off the market.
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May 3, 2013
IBM Reveals DOJ Probe Into Alleged Global Corruption
The U.S. Department of Justice is investigating allegations that IBM Corp. violated the Foreign Corrupt Practices Act in its dealings with government officials in Poland, Argentina, Bangladesh and Ukraine, the technology giant said Tuesday.
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May 3, 2013
Q&A With Thompson & Knight's William Katz
American Express Co. v. Italian Colors Restaurant, currently before the U.S. Supreme Court, is an important case because the decision should build on the court's earlier rulings in Stolt-Nielsen and Concepcion, says William Katz, leader of Thompson & Knight LLP's complex commercial litigation practice group.
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May 2, 2013
Lundy Law Firm 'Monopolized' Philly Legal Ads, Rival Says
Pennsylvania-based personal injury law firm Lundy Law LLP and its managing partner were hit with a lawsuit Thursday by rival firm Larry Pitt & Associates claiming the defendants sought to dominate legal advertisements by striking exclusive advertising deals with companies and bringing a “baseless” trademark infringement suit against it.
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May 2, 2013
Judge Calls Ex-Milberg Atty 'Childish' For Court Cost Gripe
A federal judge called a former Milberg LLP partner “childish” Wednesday for claiming litigation expenses were the reason he withdrew his appeal of an arbitration decision that found he couldn't sue former partners over a class action kickback scheme he claims hurt his career.
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May 2, 2013
Alioto Accuses Fla. Lawyer Of Extortion In LCD MDL Fee Row
Plaintiffs attorney Joseph M. Alioto on Wednesday accused a Florida lawyer of extortion in his handling of an objection to The Alioto Law Firm's $47 million award in multidistrict antitrust litigation in the wake of a $28 million claim from the firm's lender.
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May 2, 2013
EU Revisits EDF Tax Aid Probe After Nixing Of €1.2B Penalty
The European Commission said Thursday it has reopened an investigation to consider whether Electricite de France SA received illegal state aid, a move that comes after a court threw out an earlier commission order forcing EDF to return €1.2 billion ($1.6 billion).
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May 2, 2013
EU Launches Antitrust Probe Over Peugeot Restructuring
The European Commission launched an in-depth investigation Thursday into whether €7 billion ($9.1 billion) in state aid to help restructure French auto giant PSA Peugeot Citroen's financing unit complies with the European Union's antitrust rules.
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May 2, 2013
Apple Antitrust Case Need Not Involve AT&T, 9th Circ. Told
An iPhone user asked the Ninth Circuit on Wednesday to revive his proposed class action alleging Apple Inc. broke antitrust laws by locking customers into voice and data plans with AT&T Mobility LLC, saying the lower court erred in deciding AT&T had to be a defendant.
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May 2, 2013
NJ Medical Sales Reps Plead Guilty To Kickback Scheme
Two New Jersey men admitted Thursday to engaging in a conspiracy to bribe doctors to refer blood samples to Biodiagnostic Laboratory Services LLC, the medical testing lab where they used to work as sales representatives, in violation of federal corruption laws, according to a statement.
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May 2, 2013
FERC Demands JPMorgan's Market Probe Emails In DC Circ.
The Federal Energy Regulatory Commission on Thursday pushed a D.C. Circuit panel to demand a JPMorgan Chase & Co. energy unit hand over unredacted emails for the regulator's energy market manipulation probe, claiming the company hasn't justified its use of attorney-client privilege.
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May 2, 2013
Japan Clears ASML's €2B Cymer Buy After Further Review
Japan's antitrust regulator has signed off on ASML Holding NV's proposed €1.95 billion ($2.55 billion) acquisition of California-based Cymer Inc. after the watchdog announced in February that it would take a closer look at the deal, the companies said Thursday.
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May 2, 2013
Gallaher Appeals £50M Tobacco Antitrust Settlement
A tobacco company that paid £50.4 million ($78.3 million) to settle price-fixing claims from the U.K.'s antitrust watchdog has moved to overturn that penalty in the wake of a court ruling tossing the rest of the agency's case, according to a notice published Thursday.
Expert Analysis
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7 Reasons To Do Pro Bono Work
Research shows that helping others and cultivating social relationships makes us happier and that generous people live longer, healthier lives. These are just a few of the countless reasons to create time in our busy schedules to do pro bono and charitable work this year, says Anne Brafford of Morgan Lewis & Bockius LLP.
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Keep Watch Of French Authority's Pharma Sector Inquiry
On Feb. 25, 2013, the French Competition Authority announced the launch of a sector inquiry in the pharmaceutical sector to evaluate competition intensity, identify potential issues and make recommendations to improve the market. In recent years, the authority has been very active on this front, leaving a strong impact on enforcement actions, companies and manufacturers, say attorneys with Mayer Brown LLP.
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Resale Pricing In China: Rule Of Reason Or Something Else?
Last year, when the Shanghai No.1 Intermediate People’s Court threw out a resale price maintenance claim because the plaintiff made no effort to establish that the conduct had harmed competition, many asked whether RPM would be evaluated in China under a rule of reason-type analysis. Now that China’s National Development and Reform Commission has brought its first RPM enforcement action, it appears that the answer may be no, say attorneys with Covington & Burling LLP.
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And Now A Word From The Panel ...
One of the most fascinating facets of watching the Judicial Panel on Multidistrict Litigation is trying to guess not simply whether an MDL will be created, but where it will be located. Take, for example, In re Mirena IUD Products Liability and Marketing Litigation, slated to be heard at the March 21 hearing, says Alan Rothman of Kaye Scholer LLP.
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What Litigators Must Know About Va.’s 'Rocket Docket'
Do not be lulled into a false sense of complacency by the formality, civility and, in some cases, old-fashioned Southern charm of the U.S. District Court for the Eastern District of Virginia. Cases usually move with lightning speed, handled by efficient, polite, but no-nonsense jurists and courtroom deputies. There are many traps for the unwary, say Robert Tata and Wendy McGraw of Hunton & Williams LLP.
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Major Makeover In The Works For Mexican Competition Law
To say that Mexican President Enrique Pena Nieto's recently proposed constitutional amendments address a broad range of issues in the areas of competition law and the regulation of the telecommunications and broadcast industries would be an understatement, say Pat Pascarella and Pablo Almazan of Tucker Ellis LLP.
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When You Lose The Race To Corporate Leniency
In the wake of recent criminal antitrust investigations in the financial services industry, alternative arrangements have emerged for dilatory cartelists who wish to cooperate with the U.S. Department of Justice Antitrust Division but have missed the opportunity for corporate leniency, say Kellie Lerner and Elizabeth Friedman of Robins Kaplan Miller & Ciresi LLP.
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Another Shot In The Dark At FCPA Reform
The Foreign Corrupt Practices Act resource guide did its job — it provided the most comprehensive statement of enforcement ever provided by a prosecutor. Yet the U.S. Chamber of Commerce recently asked for more clarification. After winning a number of clarifications through the resource guide, the chamber needs to quit while it's ahead, says Michael Volkov of The Volkov Law Group LLC.
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FCPA Scrutiny For Gaming Industry: Beyond Las Vegas Sands
The parent company of Las Vegas Sands Corp. recently reported in a filing to the U.S. Securities and Exchange Commission that the company may have violated the Foreign Corrupt Practices Act. The Sands investigation will have ripple effects throughout the international gaming industry, bringing further anti-corruption attention to one of the most heavily regulated industries, say attorneys with Snell & Wilmer LLP.
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Remember To Pay Attention To Antitrust Standing Issues
The importance of the Third Circuit's opinion in Ethypharm SA France v. Abbott Laboratories lies not just in the court’s affirmation of the multifactor test typically used to analyze antitrust standing, but in the court’s analysis of how the regulatory framework in the pharmaceutical industry plays a role in analyzing the antitrust standing of participants in that industry, say attorneys with Pepper Hamilton LLP.