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Competition

  • October 16, 2018

    Pfizer Can't Derail EpiPen Pay-For-Delay Discovery: 2nd Circ.

    The Second Circuit on Tuesday rejected Pfizer Inc.'s effort to shield evidence of a suspected pay-for-delay deal involving emergency allergy treatment EpiPen, saying the drugmaker can't torpedo a New York discovery petition by moving it to federal court.

  • October 16, 2018

    MoFo Nabs Fujitsu's Compliance Head, Ex-Prosecutor In SF

    Morrison & Foerster LLP has hired Fujitsu's head of international compliance, who has also worked as an assistant U.S. attorney in California and New York, to join its San Francisco office, the law firm said.

  • October 16, 2018

    Farmers Say Don’t Kill Monsanto Antitrust Claims In MDL

    Farmers' allegations that Monsanto Corp. engaged in anti-competitive practices by pushing soybeans with a tolerance to a specific herbicide should not be dismissed, they argue, because their suit could show that the company knew farmers would be compelled to buy the product.

  • October 16, 2018

    Dental Suppliers Told Reps Not To Sell To Buying Co-Ops: FTC

    Federal Trade Commission staffers told an agency administrative law judge Tuesday that the country’s three dominant dental supply companies colluded by explicitly instructing their sales representatives not to offer discounts to buying groups.

  • October 16, 2018

    Germany Probing Sky's Soccer Broadcast Deal

    German competition regulators announced Tuesday they are investigating a deal reached by broadcaster Sky PLLC and sports streaming service operator Perform Group LLC to split the rights to show Champions League soccer games in Germany.

  • October 16, 2018

    BASF Offers To Cut Deals On Nylon Buy To Win EU Nod

    Germany’s BASF has made several commitments to the EU in hopes of addressing antitrust concerns stemming from its planned €1.6 billion ($1.85 billion) purchase of Solvay's nylon business, the chemical giant said Monday.

  • October 16, 2018

    Firms Win $3M In Fees In Hartig Product-Hopping Suit

    A Delaware federal judge on Monday awarded Frank LLP, Prickett Jones & Elliott PA and Hausfeld LLP $3 million in attorneys' fees in connection with Hartig Drug Co.'s suit settled earlier this year against Allergan Inc., Senju Pharmaceutical and Kyorin Pharmaceutical over claims the companies engaged in product-hopping for eye treatment products.

  • October 16, 2018

    Mitsuba To Pay $4.6M To Bow Out Of Car Parts MDL

    Mitsuba Corp. has agreed to shell out $4.6 million and cooperate with its accusers to escape claims in sprawling multidistrict litigation alleging it was part of a conspiracy to fix prices on two types of auto parts, direct buyers told a Michigan federal judge in a pair of proposed settlements on Monday.

  • October 16, 2018

    Google To Charge Phone Makers For Apps After EU Fine

    Google Inc. said Tuesday that it would begin to charge device manufacturers for some of its apps as the company fights a €4.34 billion ($5.04 billion) fine over licensing practices for its Android operating system that the European Union's competition enforcer has deemed abusive. 

  • October 16, 2018

    Qualcomm, FTC Hope For Deal, But Judge Won't Pause Case

    U.S. District Judge Lucy H. Koh has denied a petition filed by Qualcomm and the Federal Trade Commission to delay a partial ruling in an antitrust case in California federal court brought by the commission alleging that the chipmaker engaged in anti-competitive licensing practices.

  • October 16, 2018

    1st Circ. Overturns Class Cert. In Allergan Price Fight

    The First Circuit has overturned certification of a class of buyers who purportedly bought Allergan medicines at artificially high prices, saying the suit didn't offer a way to weed out large numbers of purchasers who never suffered any injury.

  • October 16, 2018

    The Path To Becoming A Supreme Court Advocate

    A look at the careers of attorneys who have dominated oral advocacy at the U.S. Supreme Court over the last decade shows a similar path for men and women, with a few key differences. Here’s how the top 10 male and female advocates stack up. (This article is part of a series examining the gender gap among high court advocates.)

  • October 16, 2018

    Axinn Enters California With SF Office, Plans To Expand

    Axinn Veltrop & Harkrider LLP announced Tuesday that it has launched a new office in San Francisco, bringing its antitrust and intellectual property capabilities to the West Coast and planning to lure talent to serve its major clients in the state.

  • October 15, 2018

    Deutsche Traders Knew Libor-Rigging Was Illicit, Jury Told

    Prosecutors on Monday began their final pitch to jurors in the Libor-rigging trial of former Deutsche Bank traders Matthew Connolly and Gavin Black, saying trial evidence proves the pair abused the German lender’s position to cash in by gaming the benchmark interest rate.

  • October 15, 2018

    Dental Co. Claims Must Go To Arbitrator, High Court Told

    Several dental equipment companies doubled down Monday on their efforts to persuade the U.S. Supreme Court to send a distributor's antitrust case to arbitration, asserting that the Fifth Circuit was wrong to decide that the matter was not arbitrable when the parties expressly delegated that very question to the arbitrator.

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t. (This article is part of a series examining the gender gap among high court advocates.)

  • October 15, 2018

    Express Scripts Not Hurt By Alleged Breach, Pharmacies Say

    Two compounding pharmacies are fighting back against Express Scripts Inc.’s claims that they withheld prescription refunds in violation of their contracts by telling a Missouri federal court that the pharmacy benefit manager hasn’t suffered any harm or provided enough details about the requested refunds.

  • October 15, 2018

    Southwest Must Lease Out Gates At Love Field, Delta Insists

    Delta Air Lines Inc. has urged a Texas federal judge to not let Southwest Airlines Co. duck its purported contractual obligations to make accommodations for gate space at Dallas' Love Field airport, arguing that Southwest made enforceable contractual commitments at the airport where it controls most gates.

  • October 15, 2018

    Fox Sports Networks Can't Go To Big-4 Affiliates, DOJ Hears

    The American Cable Association urged the U.S. Department of Justice on Monday to impose limits on the sale of Twenty-First Century Fox’s regional sports networks, required for its planned $71.3 billion merger with Disney, arguing the networks cannot go to a big-four affiliate or a pay-TV provider.

  • October 15, 2018

    Texas Builder Says Subcontractor Stole Client, Poached Crew

    A Dallas-area industrial construction company has alleged in Texas state court that a former project manager fed confidential information about pricing for a petrochemical facility job to a subcontractor that stole the client and poached the crew.

Expert Analysis

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Series

    Trade Wars: When Trade And National Security Converge

    Mario Mancuso

    Increasing tariffs, new scrutiny of foreign investments in U.S. companies, and export controls over “emerging and foundational” technology are part of a Trump administration strategy to advance national security objectives using economic tools. These measures are ushering in a new era of trade restrictions, say attorneys with Kirkland & Ellis LLP.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • Series

    Trade Wars: Anti-Dumping And Countervailing Duty Trends

    Shelby Anderson

    In the first article of this special series on the Trump administration's trade policies, attorneys from Covington & Burling LLP explore how a notable increase in U.S. anti-dumping and countervailing duty enforcement actions is creating significant compliance challenges for foreign companies and U.S. importers.

  • The Side Effects Of Policing 'Speech Monopolies'

    Hartley West

    Are companies such as Facebook, Amazon, Twitter and Google stifling free speech on their platforms? If the answer top antitrust regulators arrive at is “yes,” then significant new risks could be coming for not only these tech behemoths, but any businesses that utilize their platforms — in the U.S. or abroad, say attorneys at Kobre & Kim LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • When A Blog Post Leads To Antitrust Liability

    Daixi Xu

    It is not uncommon for companies to issue statements about pending litigation. But a California federal court's recent decision in Arista v. Cisco shows that, in some circumstances, such statements could be seen as part of an anti-competitive scheme, say Daixi Xu and Julie Shepard of Jenner & Block LLP.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.