Competition

  • November 17, 2017

    Uber Fell Under For-Hire Rules Pre-’16, Boston Taxis Say

    A group representing nearly 800 licensed taxicabs in Boston argued Friday that Uber Technologies Inc. should not be able to escape antitrust claims from before last year by pointing to a 2016 state law that differentiates mobile-hailed car services.

  • November 17, 2017

    Cherokee Nation Latest To Accuse Tuna Cos. Of Price Fixing

    The Cherokee Nation on Thursday lodged a proposed class action in California federal court against a handful of tuna companies, including Bumble Bee and StarKist, accusing them of violating federal and numerous state consumer protection laws over an alleged canned tuna price-fixing scheme.

  • November 17, 2017

    FCC ‘Strayed Too Far’ From Merger Role, New Commish Says

    The Federal Communications Commission “strayed too far” from its proper role in merger reviews in recent years, the newest Republican member of the agency said Friday, criticizing the last administration for making consumer “goodies” a condition of various telecom deals.

  • November 17, 2017

    Auto Parts Buyers Seek $162M Default In Price-Fixing Suit

    Purchasers of aftermarket vehicle components urged a Wisconsin federal judge on Thursday to force a Taiwanese parts maker to pay more than $162 million for failing to hire new counsel and effectively abandoning the purchasers' price-fixing lawsuit.

  • November 17, 2017

    Australian Tribunal Again OKs $4.8B Tabcorp-Tatts Merger

    The Australian Competition Tribunal on Thursday has for the second time approved Tabcorp Holdings Ltd.’s proposed AU$6.37 billion ($4.84 billion) cash-and-stock takeover of rival Tatts Group Ltd., paving the way for the two gambling businesses to form a single industry giant with an enterprise value of AU$11.3 billion.

  • November 17, 2017

    Judge OKs NCAA's $209M Antitrust Deal, Attys Get $45M

    A California federal judge said Friday she’ll grant final approval to the NCAA and 11 athletic conferences’ $209 million deal with student-athletes and grant class counsel's request for nearly $45 million in fees, costs and expenses, partially resolving suits over allegedly anti-competitive caps on student scholarships.

  • November 16, 2017

    Big Banks Face Wider Treasury Auction-Fixing Suit

    A lawsuit accusing 20 of the biggest Wall Street banks of rigging the $13 trillion market for securities sold by the U.S. Department of the Treasury was expanded late Wednesday night with the filing of an amended complaint that alleges two interrelated conspiracies.

  • November 16, 2017

    $120M Barclays Deal Attys Reduce Fee Request By $8M

    Lawyers who sought 30 percent of a $120 million settlement they struck with Barclays PLC for investors who accused the bank of manipulating the London Interbank Offered Rate told a New York federal judge on Wednesday that they’d accept just 20 percent of the settlement pot for now after she raised questions about the payout.

  • November 16, 2017

    Taiwanese Auto Parts Co. To Pay $3.35M In Price-Fix Suit

    A class of car-part direct purchasers asked a Wisconsin federal judge Thursday to approve a $3.35 million settlement with Taiwanese automotive component maker Jui Li Enterprise Co. Ltd. to resolve a lawsuit over alleged price-fixing on certain aftermarket sheet metal products.

  • November 16, 2017

    Media Ownership Restrictions Scrapped In FCC Vote

    The Federal Communications Commission voted Thursday to relax its broadcast media ownership rules, characterized as outdated by the Republican majority but touted as necessary bastions against consolidation by others.

  • November 16, 2017

    Senate OKs Antitrust Whistleblower Bill, Sends It To House

    The full U.S. Senate on Wednesday approved a renewed bill, bound for a House of Representatives that’s failed to take up past versions, that would heighten protections for whistleblowers who report antitrust violations, allowing them to sue in court if they are fired, demoted or otherwise retaliated against.

  • November 16, 2017

    Delrahim Talk Signals Bad News For AT&T-Time Warner Deal

    The U.S. Department of Justice's top antitrust enforcer on Thursday criticized past merger settlements that allowed "illegal" deals to clear with behavioral remedies, affirming his division's role as an enforcement body and implying there is little chance AT&T's proposed $85 billion bid for Time Warner will move forward without divestitures.

  • November 16, 2017

    DOJ Aims To Speed Merger Review Under Trump, Deputy Says

    The new antitrust leadership at the U.S. Department of Justice is trying to cut down on the increasingly long time it has taken the watchdog to review mergers in recent years, an agency official said Thursday.

  • November 16, 2017

    Ex-Squire Patton Boggs Atty, Prosecutor Joins Nelson Mullins

    A former federal prosecutor and Squire Patton Boggs LLP attorney, who represents a client in the FIFA corruption scandal and has prosecuted New Jersey officials for public corruption, has joined Nelson Mullins Riley & Scarborough LLP.

  • November 16, 2017

    FTC's Ohlhausen Sees Light At End Of Pay-For-Delay Tunnel

    The Federal Trade Commission may have “finally started to turn the corner” with its crackdown on pay-for-delay patent settlements, but other efforts by branded-drug makers to stave off generic competition have increasingly caught the watchdog’s eye, acting Chairman Maureen Ohlhausen said Thursday.

  • November 16, 2017

    EU Regulator Trains Sights On Fund Performance Fees

    Europe’s securities watchdog said Thursday it will probe the performance fees charged by asset managers amid growing concerns that some practices are too secretive, leading to excessively high costs for investors.

  • November 15, 2017

    Eye-Drug Compounder Can't Dodge Allergan Suit

    A California federal judge on Tuesday kept alive Allergan’s false advertising suit against a large drug compounder, saying there are sufficient allegations the compounder is manufacturing eye medicines without adhering to federal law.

  • November 15, 2017

    Judge Mulls Tough Sentence For Foreclosure Bid-Rigger

    A California federal judge on Wednesday held off on sentencing a man facing nearly three years in prison for rigging bids at foreclosure auctions in the San Francisco Bay Area, saying she wants to know exactly how much he personally received from the scheme and noting she has seen him express no contrition for his actions.

  • November 15, 2017

    Quest Row Shows High Court's Antitrust Paradox, Judge Says

    A proposed class of patients accusing Quest Diagnostics Inc. of maintaining a lab services monopoly told an appellate panel Wednesday that a lower court incorrectly acted as “a gatekeeper” by dismissing its suit, prompting a Ninth Circuit judge to lament the U.S. Supreme Court’s “de facto different standard for antitrust cases.”

  • November 15, 2017

    Bridgestone's $9.4M Price-Fixing Deal Gets Initial OK

    A Michigan federal judge on Tuesday gave her initial approval to a $9.36 million settlement between Bridgestone Corp. and a putative class of car dealerships, which claim the tire maker took part in a price-fixing scheme for rubber parts that reduce engine and road vibration.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Calif.'s New Focus On Drug Pricing Transparency

    John Chelsey

    California Gov. Jerry Brown recently signed SB-17, a law intended to foster transparency in connection with drug pricing and its impact on insurance costs. The law imposes significant new reporting requirements on many drug manufacturers, pharmacy benefit managers, and health care service plans and health insurers operating in California, say attorneys with Ropes & Gray LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • New Bipartisan CFIUS Reform Begins To Take Shape

    Mario Mancuso

    The Foreign Investment Risk Review Modernization Act of 2017 introduced last week is intended to strengthen the Committee on Foreign Investment in the United States and address the committee's perceived inadequacies. If enacted, this legislation would reflect the most significant changes to CFIUS in the last decade, say attorneys with Kirkland & Ellis LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.