The multidistrict litigation over alleged price-fixing of generic drugs recently consolidated in Pennsylvania’s Eastern District has the potential to emerge as one of the thorniest court fights in the country, and some observers have raised concerns that the numerous defendants could make it harder for individual companies to avoid getting more deeply embroiled in the litigation.
Central bankers and foreign exchange players on Thursday unveiled a voluntary global code of conduct establishing good practices for wholesale foreign exchange markets, hoping to restore faith in a $5 trillion daily market beset by several enforcement probes and antitrust litigation alleging manipulation.
Two former Heritage Pharmaceuticals Inc. executives have agreed to cooperate with 41 states in their ongoing investigation and litigation regarding possible antitrust activity in the generic drug industry, various state attorneys general said Wednesday.
A California federal judge called Matsuo Electric Co. Ltd.’s $4.17 million criminal fine a “sweetheart deal” at a Wednesday sentencing hearing on charges it fixed prices of electrolytic capacitors, and said he’d need information on the company’s financial status before deciding whether a five-year payment plan for the fine was necessary.
Drugmaker Novo Nordisk Inc. and pharmacy benefit manager OptumRx Inc. have conspired to artificially inflate the price of a Type 2 diabetes medication, forcing patients to pay more than they normally would for the treatment, according to a proposed class action filed Tuesday in California federal court.
French bank BNP Paribas was fined $350 million by the New York State Department of Financial Services for lax oversight in its foreign-exchange business that allowed “nearly unfettered misconduct” by more than a dozen employees involved in exchange rate manipulation, officials announced Wednesday.
Not everyone is excited by the prospect of a more aggressive approach to trade enforcement, with domestic manufacturers and foreign trade representatives speaking out Wednesday at a U.S. Department of Commerce public hearing on the national security impacts of steel imports.
The Ninth Circuit on Tuesday declined to revive claims by an independent movie chain that Regal Entertainment Group used its market power to secure exclusive licenses from film distributors, saying there is no evidence Regal restricted competition and that another amended complaint would be futile.
North American pilot and flight attendant unions continued their fight Wednesday against illegal subsidies that Qatar and the United Arab Emirates are allegedly pumping into three state-owned airlines, urging the Trump administration to enforce the U.S.’ Open Skies agreements to preserve competition for domestic carriers.
The London trial for six former Deutsche Bank AG and Barclays PLC bankers accused of rigging a key European interest rate benchmark has been postponed by four months to January 2018, according to the Serious Fraud Office website.
The British judiciary has named 21 new part-time deputy judges to London's High Court, including several barristers specializing in competition, banking, insurance and international arbitration.
Apple and Nokia set aside their differences and reached a business deal to end sprawling patent litigation that accused the California-based iPhone maker of infringing 40 Nokia patents for video coding, compression and other technologies, the companies said Tuesday.
Truck and equipment dealers and other buyers of vehicles transported by maritime shipping companies on Tuesday asked the U.S. Supreme Court to overturn a Third Circuit ruling that shipping companies are immune from allegations of a conspiracy to stifle competition and fix prices for vehicle transportation.
The Chicago Cubs and a group of Wrigley Field-area rooftop owners went before the Seventh Circuit on Tuesday to argue whether the baseball team broke a contract when it broke the owners' stadium sight lines in an alleged bid to monopolize game views.
A Manhattan federal judge sought Tuesday to assess the size of a potential class action alleging a dozen megabanks including Goldman Sachs Group Inc. and Bank of America Corp. colluded to block startup trading platforms from entering the giant market for interest rate swaps, after a plaintiffs-side lawyer alluded to potential billion-dollar damages.
The U.S. Department of Justice’s antitrust division and the Federal Trade Commission on Tuesday recommended that their funding levels be kept mostly the same in fiscal year 2018 but proposed to reduce staffing following President Donald Trump’s request for government agencies to cut federal workers.
End payors on Monday asked a Michigan federal judge to approve a proposed $7.6 million deal to settle claims in multidistrict litigation that an automotive bearings supplier and its Swedish affiliates participated in a price-fixing scheme with manufacturers in the U.S., Japan and Germany.
A New Jersey federal judge on Tuesday gave his preliminary approval to a $60.2 million settlement among Merck & Co. Inc., Upsher-Smith Laboratories Inc. and direct purchasers of the potassium supplement K-Dur, which will end long-running multidistrict litigation accusing the drug companies of engaging in a pay-for-delay scheme.
Forty states on Monday defended their lawsuit against six generic-drug manufacturers alleging they divided the market and fixed the price of an antibiotic and a diabetes treatment, saying they have the authority to seek an injunction and monetary relief under federal antitrust law.
The U.K.'s Competition and Markets Authority provisionally found Tuesday that pharmaceutical company Merck Sharp & Dohme Ltd. has operated an anti-competitive discount scheme for its popular brand-name arthritis medicine Remicade in an attempt to keep rival generic drugs off the market.
A Pennsylvania federal judge has agreed to trim damage calculations put forward by an expert for Apotex Inc. in a dispute over how it was impacted by generic Provigil pay-for-delay deals it is challenging in court, ruling that two of the three offered calculations that relied on questionable assumptions.
As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.
In the latest installment of his column on the Judicial Panel on Multidistrict Litigation, Alan Rothman of Arnold & Porter Kaye Scholer LLP takes a closer look at how the panel decides to exclude a potentially related action from a new MDL proceeding, and at how the panel deals with forum selection clauses in contracts between parties in multidistrict claims.
Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.
Anthem's decision to call off its proposed acquisition of Cigna — effectively mooting its appeal to the U.S. Supreme Court — leaves unanswered several important questions regarding the appropriate treatment of efficiencies in a merger challenge, say attorneys with Crowell & Moring LLP.
Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.
There are two approaches to Chinese law regarding failure to declare concentration — one is that businesses will no longer face anti-monopoly risk after two years, and the other is that they could still face risk after two years. As seen in the recent Cummins case, China's Ministry of Commerce clearly prefers the latter, say attorneys with Tian Yuan Law Firm.
Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.
U.S.-based companies distributing their products online or setting up e-retail platforms in the EU must pay particular attention to how they select online distribution partners, as well as what type of sales restrictions they impose or agree to, if they want to avoid legal trouble, says Enzo Marasà of Portolano Cavallo.
Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.
U.S.-based manufacturers and retailers who want to sell in the EU face legal challenges in selecting and controlling their distribution networks, particularly with regard to online sales. All stakeholders must understand the restrictions imposed by Article 101 of the Treaty on the Functioning of the European Union, which prohibits anti-competitive agreements, says Enzo Marasà of Portolano Cavallo.