The recent dismissal of a Federal Trade Commission action challenging a purported pay-for-delay agreement between Endo and Impax provides important insights about how courts could analyze these types of agreements under the Supreme Court's landmark Actavis ruling.
Major questions still dog the path to final approval of a $2.3 billion settlement of forex-rate-rigging claims by 15 major banks, a hearing Wednesday revealed, as a New York federal judge asked plaintiffs’ counsel for more data to support an 18 percent fee request and delved into the proper treatment of ERISA claims.
From staggering megamergers to the rise of artificial intelligence, telecom attorneys have some pretty complicated legal matters on their minds heading into the second half of 2018. Here’s a look at what’s keeping some communications experts up at night.
Assistant Attorney General Makan Delrahim, head of the U.S. Department of Justice's antitrust division, said Tuesday that the traditional consumer welfare standard, which places antitrust scrutiny on prices and products available to consumers, can be adapted to better enforce digital markets through an increased focus on innovation, choice and quality.
Lawmakers are busy adjusting proposed legislation that aims to modernize the Committee on Foreign Investment in the United States, editing language that covers issues like intellectual property transfers, judicial reviews and proximity in real estate transactions. Here, Law360 reviews what lawyers need to know about how the potential changes could alter the CFIUS process.
A group of large Wall Street banks and a trading platform accused of rigging the $13 trillion market for securities sold by the U.S. Treasury Department have asked a New York federal judge to dismiss a lawsuit that alleges the scheme was conducted through two interrelated conspiracies, according to court filings entered Tuesday.
A Seventh Circuit panel considering whether to revive a class action brought by containerboard purchasers against two manufacturers over alleged price-fixing had tough questions during oral arguments Wednesday about whether there was enough to show the price changes were part of a conspiracy.
Leaders of a Senate judiciary subcommittee on Wednesday said they have scheduled a hearing over the planned $59 billion merger between T-Mobile US Inc. and Sprint Corp., pointing to the importance of the wireless market to consumers.
Investors can’t revive part of their suit accusing a slew of dealers of bullying competition in the interest rate swaps market, a New York federal judge said Wednesday, largely dismantling the putative class’ attempt to file a third amended complaint and rebuking its counsel for keeping the intended request under wraps.
Comcast Corp. on Wednesday said it's considering a cash deal to buy the assets 21st Century Fox agreed to sell to California-based Walt Disney Co. last year, the latest bid by the cable giant to usurp Fox's dealmaking.
Delta Air Lines Inc., Southwest Airlines Co., American Airlines Inc., United Airlines Inc. and Virgin America Inc. have each told a Texas federal judge they oppose a city of Dallas plan for assigning gate space at Love Field airport.
Following a ruling from the World Trade Organization last week that the European Union continued providing illegal subsidies to aircraft giant Airbus in defiance of an earlier WTO ruling, the jet maker announced Tuesday that it is now in compliance.
The Federal Communications Commission has urged the U.S. Supreme Court to reject a certiorari petition from two telecom companies that claim they were wrongly denied spectrum license discounts, saying ongoing proceedings the companies themselves requested could render the case moot.
A former Division I football player fighting the $42 million legal fee award in the NCAA’s $209 million settlement with scholarship athletes told the Ninth Circuit on Monday that class counsel can’t justify a bumper windfall in a “megafund” case.
The Federal Communications Commission has announced it is moving forward with a public comment period on Sinclair Broadcast Group Inc.'s $3.9 billion proposed acquisition of Tribune Media Co., setting the stage for the next phase of the controversial merger.
European lawmakers laid into Facebook founder Mark Zuckerberg on Tuesday for his company’s data privacy failings and raised the prospect of breaking up the social network, which some suggested had amassed an unfair share of power online.
Chicken of the Sea International on Tuesday said it has reached a cash settlement with Walmart Inc. to resolve antitrust claims related to a multidistrict litigation in California federal court alleging a widespread tuna price-fixing conspiracy.
Airline passengers on Monday told a California federal judge that All Nippon Airways cannot try to distance itself from travel agents that set fares on its behalf to dodge multidistrict litigation alleging it conspired with other airlines to fix prices on long-haul flights to Asia-Pacific destinations.
AT&T Inc. and Time Warner Inc. urged a D.C. federal court on Monday to reject an independent television network’s bid to weigh in on the challenge of their planned $85 billion deal, saying that the government's case does not allege any harm to content creators.
The Federal Communications Commission has put in place another piece of the framework for the agency's net neutrality deregulation, revealing Monday that the FCC opened a portal for internet service providers to disclose their web traffic-management practices.
Highmark Inc. slammed a hotel company’s bid for class certification in an antitrust row over allegations the health insurer conspired with the University of Pittsburgh Medical Center to restrict competition for small-group insurance plans, saying Friday in Pennsylvania federal court the company failed to identify an “ascertainable” class.
Antitrust legal eyes are glued to the first U.S. Department of Justice court challenge to a purely vertical merger since the 1970s, a deal AT&T and Time Warner say they need just to stay competitive but which the government says will drive up consumers' TV bills by hundreds of millions of dollars. Here, Law360 looks at how we got here, the key issues to watch and the highlights of the trial so far.
The latest ABA annual antitrust law spring meeting ran the gamut from the government's tough new take on no-poaching pacts to hurdles innovation can cause in merger reviews— plus wide-ranging comments from the DOJ's new antitrust chief. Here's a look at Law360's coverage of three days of debates, tips and quips.
Four challenges often arise in modeling wages for pay discrimination cases, and modeling wages across multiple firms in a no-poaching context further complicates matters, say Stephen Bronars and Deborah Foster of Edgeworth Economics LLC.
As the U.S. Department of Justice's Antitrust Division attempts to prosecute no-poach and wage-fixing agreements, the wage analyses that are frequently used in employment discrimination cases will become increasingly relevant in the antitrust arena, say Stephen Bronars and Deborah Foster of Edgeworth Economics LLC.
The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.
In March, the U.S. Food and Drug Administration issued three advanced notices of proposed rulemaking on tobacco, nicotine, flavors in tobacco products and premium cigars. Advertisers and manufacturers of tobacco products seeking to help the FDA craft better, more representative rules must provide comments to the agency by mid-June, says Paul Cicelski of Lerman Senter PLLC.
For the first time in many years, the deputy assistant attorney general for criminal enforcement at the U.S. Department of Justice Antitrust Division will come from outside the Antitrust Division. The appointment of Richard A. Powers is important because he could stay in the role well beyond this administration, say attorneys with Skadden Arps Slate Meagher & Flom LLP.
Late last month, the U.S. International Trade Commission issued long-awaited final amendments to its Rules of Practice and Procedure pertaining to investigations under Section 337 of the Tariff Act. Jordan Coyle and Diana Szego Fassbender of Orrick Herrington & Sutcliffe LLP analyze the most significant amendments and the circumstances surrounding them, and offer key practice tips.
It is safe to expect a narrow ruling from the U.S. Supreme Court in Animal Science v. Hebei, instructing lower courts not to give conclusive deference to foreign sovereigns’ legal submissions. But it would be more sensible to instruct U.S. courts to assess whether these submissions are entitled to any deference in their country of origin and, if so, to give them that deference, say Michael Kimberly and Matthew Waring of Mayer Brown LLP.
On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.
In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.
In March, the U.S. International Trade Commission's dismissal of U.S. Steel’s complaint caused some to question whether there remained a viable path for antitrust-based claims at the ITC. But the initiation of an antitrust-based Section 337 investigation just days later shows that the door for antitrust claims at the ITC has not closed, say attorneys with Ropes & Gray LLP.