Competition

  • January 17, 2017

    Bio-Rad Fired GC For FCPA Leak, Jury Told At Trial’s Start

    A lawyer for Bio-Rad Laboratories Inc.’s ex-general counsel told a California federal jury during opening arguments in his retaliation suit Tuesday that the company fired him for blowing the whistle on its Foreign Corrupt Practices Act compliance in China, while Bio-Rad countered that he was an ill-tempered lawyer terminated for incompetence.

  • January 17, 2017

    Drug Cos. Aim To Force Market Discovery In Loestrin MDL

    Warner Chilcott PLC and other defendants in multidistrict litigation challenging alleged pay-for-delay settlements over contraceptive Loestrin moved Friday in Rhode Island federal court to force a group of buyers to give up information that may shed light on whether the drug is a market unto itself.

  • January 17, 2017

    Major Merger Probes Hit Record Delays In 2016, Report Finds

    Significant merger investigations by the Department of Justice and Federal Trade Commission in 2016 lasted nearly 10 months, on average, longer than any time in the past six years, according to law firm Dechert LLP.

  • January 17, 2017

    FCC’s Transparency Rules Go Into Effect For All Providers

    Enhanced transparency rules under the Federal Communications Commission’s 2015 Open Internet Order went into effect on Tuesday despite a plea from several trade associations, although a Democratic commissioner lamented the effect on small providers and a Republican commissioner pushed action soon.

  • January 17, 2017

    SEC Fines Pershing Square, Others For Pay-To-Play Violations

    Billionaire investor Bill Ackman’s hedge fund Pershing Square is one of 10 firms that agreed on Tuesday to settle the U.S. Securities and Exchange Commission’s allegations of “pay-to-play” violations concerning campaign contributions and investment advisory work.

  • January 17, 2017

    Rolls-Royce Cops To Global Bribery Scheme, Pays $800M

    Aircraft engine manufacturer Rolls-Royce agreed to pay authorities from the U.S., U.K. and Brazil over $800 million to end bribery and corruption allegations from across the globe, the U.S. Department of Justice said on Tuesday.

  • January 17, 2017

    Law360's Pay-For-Delay Cheat Sheet For 2017

    After more than three years of litigation in the wake of the U.S. Supreme Court's landmark pay-for-delay ruling, 2016 saw a slew of appellate opinions over the scope of the antitrust scrutiny patent settlements can face. Here are the cases to watch in the year ahead.

  • January 17, 2017

    Plans To Shake Up UK Retail Banks On Track, Agency Says

    The U.K. competition watchdog is on track to deliver a series of reforms that will shake up retail banking in Britain and ensure they are aligned with incoming European Union laws, the agency said Tuesday.

  • January 17, 2017

    Dental Supplies Co. Wants Out Of Price-Fixing Class Action

    A regional dental supplies company has told a New York federal judge that it’s too small to have participated in an alleged nationwide price-fixing conspiracy and that the dentists who filed the proposed class action waited too long to add the company to the lawsuit.

  • January 17, 2017

    Judge OKs Geico's Discovery Bid In Fraud Case

    A New Jersey federal judge on Tuesday ordered a group of outpatient care facilities sued by Geico over an alleged kickback scheme to explain why they can’t obtain requested discovery documents, which they claim were ruined after the government seized their computers, from their original sources.

  • January 17, 2017

    Alleged International RE Bribe Con Man Denies NY Charges

    A man accused of tricking relatives of former United Nations head Ban Ki-moon into paying him $500,000, money that was supposed to serve as a bribe to pave the way for an $800 million building complex in Vietnam, denied fraud and money laundering charges in Manhattan federal court Tuesday. 

  • January 17, 2017

    FTC Sues Qualcomm Over Standard-Essential Patent Licenses

    The Federal Trade Commission accused Qualcomm on Tuesday of using its dominance over the sale of semiconductors for mobile devices to wrangle higher royalties and anti-competitive licensing terms from cellphone makers for its standard-essential patents.

  • January 17, 2017

    Justices Won't Hear Fla. Official's Bribery Appeal

    The U.S. Supreme Court on Tuesday said it would not take up the bribery-related conviction of a former Florida transportation official who purportedly offered a $5 million state contract to an engineering company in exchange for taking on his choice of subcontractors.

  • January 17, 2017

    UK Officials Warn EU Against Punitive Brexit Deal

    The European Union should not pursue a Brexit policy that imposes a punitive trade agreement on the U.K. after it leaves the bloc, top British government officials said Tuesday amid claims such a move would find the EU excluded from Britain's financial services.

  • January 17, 2017

    DLA Piper Adds Ex-O'Melveny Atty As Antitrust Head In Asia

    DLA Piper has added an antitrust litigator previously with O’Melveny & Myers LLP as its head of investigations and its head of antitrust and competition in Asia, the firm has announced.

  • January 17, 2017

    More Work Needed To Make Open Banking Successful, FCA Says

    A senior official at one of the U.K.’s leading regulators said Tuesday that the financial sector faced a number of challenges before it could fully embrace "open banking," including ensuring consumers understand what it means, and that risks must be addressed.

  • January 17, 2017

    Cuomo Taps Cravath Partner For Seat On NY High Court

    New York Gov. Andrew Cuomo on Monday selected Cravath Swaine & Moore LLP’s longtime complex litigation partner Rowan D. Wilson to become an associate judge on the state’s Court of Appeals, taking the place of recently retired Associate Judge Eugene F. Pigott.

  • January 17, 2017

    Supreme Court Rejects Banks’ Appeal In Libor Rigging Suit

    The U.S. Supreme Court on Tuesday rejected a bid by banks seeking to shut down an antitrust lawsuit from investors alleging widespread rigging of a key benchmark interest rate that a lower court had earlier brought back to life.

  • January 17, 2017

    British Gov't Seeks Clean Break From EU Single Market

    U.K. Prime Minister Theresa May on Tuesday outlined plans for a clean break from the European Union, including its single market for goods and services and the jurisdiction of the European Court of Justice, but held out hope for possible transitional arrangements for legal and financial services.

  • January 13, 2017

    Airlines Tell 9th Circ. Gov’t Price Regs Bar Antitrust MDL

    All Nippon Airways and EVA Airways argued at a Ninth Circuit hearing Friday that a lower court should have found multidistrict litigation accusing them of fixing rates for passenger fares on trans-Pacific flights is barred because industry prices are regulated by the U.S. Department of Transportation.

Expert Analysis

  • No Anti-Competitive Intent, No Treble Damages: A Proposal

    Veronica Lewis

    Many lawmakers and academics have pushed to detreble antitrust damages in particular circumstances but have had limited success so far. Courts should step in by enforcing the Fifth Amendment’s due process clause to refuse to treble damages when a defendant lacked anti-competitive intent, say attorneys with Gibson Dunn & Crutcher LLP.

  • The Implications Of Insureds' Illegal Conduct

    Deepa T. Sutherland

    Laws against bribery and corruption, like the U.S. Foreign Corrupt Practices Act and U.K. Bribery Act, are growing increasingly tough, often applying in surprisingly broad circumstances. The laws' principles continue to be tested in court, but for now, insurers writing risks in foreign jurisdictions should adopt a proactive stance in vetting the practices of their local subsidiaries and insureds, say Deepa Sutherland and Hernán Cip... (continued)

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 2

    Karen S. Lovitch

    In 2016, courts around the country heard cases involving a variety of False Claims Act and other enforcement-related matters. Going forward these case law developments are expected to have an impact on both the scope of FCA liability and the means by which FCA liability can be proven at trial, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Why Anti-Corruption Due Diligence Is Important In M&A

    Video Thumbnail

    When acquiring and investing in companies, it is critical to evaluate and mitigate the risk of both previous and future violations of the Foreign Corrupt Practices Act. Mark Mendelsohn and Peter Jaffe of Paul Weiss Rifkind Wharton & Garrison LLP discuss unique challenges for investors and essential considerations for mergers and acquisitions.

  • The Outlook For Hart-Scott-Rodino Under President Trump

    Jack Sidorov

    With the arrival of the Trump administration and the domestic and foreign policy shifts that may ensue, few eyes have looked at what changes may lie ahead with regard to Hart-Scott-Rodino antitrust premerger notification law and policy. Yet there are two reasons to believe that significant changes may be in store, says Jack Sidorov of Lowenstein Sandler LLP.

  • A Record FCPA Year For Pharma

    Melissa L. Jampol

    Teva's Foreign Corrupt Practices Act settlement last month — the largest-ever FCPA resolution involving a pharmaceutical company — was the capstone to a year of many significant FCPA settlements and resolutions with drug companies. This year, it is likely that enforcement will change given the new administration, say Melissa Jampol and Elena Quattrone of Epstein Becker & Green PC.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • What To Expect From China’s Anti-Monopoly Law This Year

    Huang Wei

    In 2016, the development of China’s Anti-Monopoly Law was fruitful in all respects, including guideline drafting, public enforcement and litigation. We have nine predictions for 2017, say Huang Wei and Rebecca Yin of Tian Yuan Law Firm.