Competition

  • October 20, 2017

    Deutsche Bank Trader Scores Hearing On DOJ Case Taint

    The government will have to prove that its indictment for one of two former Deutsche Bank traders in a Libor-rigging suit wasn't based on testimony compelled by U.K. authorities, according to a New York federal judge's finding that a lawyer may have tainted the case.

  • October 20, 2017

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a dispute between the last standing shareholder group in the RBS rights issue case and one of its funding claimants, a Law Society suit over financial transactions, and more competition claims against Visa and MasterCard. Here, Law360 looks at those and other new claims in the U.K.

  • October 20, 2017

    HHS Looks To Dodge $1.5B Pharmacy Antitrust Suit

    The U.S. Department of Health and Human Services on Friday said that it should not have to face a $1.5 billion antitrust lawsuit brought against Chicago pharmacies, saying that no claims in the suit even mention the department, according to a filing in Illinois federal court.

  • October 20, 2017

    Judge Urges No Sanctions For Withheld Ticketmaster Docs

    A California federal magistrate judge has advised that Ticketmaster LLC not be sanctioned over its late production of thousands of discovery documents in a pending lawsuit over its alleged monopoly on ticket sales and hacking of a rival’s trade secrets.

  • October 20, 2017

    Doctors Fight Allergan’s Attempt To Defeat Botox Pricing Suit

    A class of doctors urged a California federal court Thursday to reject Allergan's bid to end a suit accusing it of inflating the price of Botox by cutting a deal to keep a competing product off the market, bashing the drugmaker’s characterization of the agreement as a standard business decision.

  • October 20, 2017

    Car Dealer Software Providers Hit With NJ Antitrust Suit

    Two software providers were slammed Thursday in New Jersey federal court with a putative class action by a car dealership accusing them of participating in an antitrust conspiracy in which they require outside vendors to engage with them to access dealers' data at exorbitant prices.

  • October 20, 2017

    EU Antitrust Watchdogs Raid BMW Office In Cartel Probe

    European antitrust watchdogs raided BMW AG’s office in Munich over concerns that a number of German auto manufacturers violated European Union rules against cartels, the luxury carmaker confirmed Friday.

  • October 20, 2017

    Banks Want Newest Round Of SIBOR-Rigging Suit Dismissed

    Dozens of banks that have been accused of manipulating the Singapore Interbank Offered Rate and another key rate have asked a New York federal judge to toss the newest version of the lawsuit against them, saying the proposed class representatives don’t even exist anymore.

  • October 20, 2017

    Funds Could Use 1st Amendment To Beat Antitrust Penalties

    Activist hedge funds should be able to use the First Amendment to challenge enforcement actions and penalties relating to the investment-only exemption of the Hart-Scott-Rodino Act, Boies Schiller Flexner LLP partner Scott Gant told Law360.

  • October 19, 2017

    Officer Who Aided 'The Codfather' Gets 1-Year Prison Term

    A Boston federal judge on Thursday handed a one-year prison sentence to a former sheriff’s deputy convicted of smuggling money through airport security for disgraced fishing titan “The Codfather,” and then lectured him for having known better than to commit the crime.

  • October 19, 2017

    US Airways Fights Sabre's Appeal Of $15M Antitrust Win

    US Airways Inc. urged the Second Circuit on Wednesday to reject trip-planning giant Sabre Holdings Corp.'s bid to overturn a $15 million jury verdict awarded to the airline in an antitrust suit, insisting the jury correctly followed the appeals court’s American Express holding to conclude that Sabre had market power and its contract was anti-competitive.

  • October 19, 2017

    An FTC Under Simons Will Likely Stay The Course

    The Federal Trade Commission is finally primed to receive a new leader with President Donald Trump’s expected nomination of Joseph J. Simons of Paul Weiss Rifkind Wharton & Garrison LLP to serve as the agency’s chairman, but antitrust attorneys say not to expect any major shifts in policies or priorities if he gets confirmed. Here, Law360 takes a look at what Simons might face at his confirmation hearing and what an FTC under him could look like.

  • October 19, 2017

    Benefits Co. Rips Injunction Bid In $1.5B Antitrust Suit

    Benefits manager Prime Therapeutics blasted a Chicago neighborhood pharmacy’s request for an injunction in Illinois federal court Thursday amid a $1.5 billion antitrust lawsuit against it and Walgreens, arguing the pharmacy had no grounds to force it to do business with it.

  • October 19, 2017

    FCC Pauses Sinclair-Tribune Merger Review For Comments

    The Federal Communications Commission on Wednesday announced it is slowing down its review process for the proposed merger between Sinclair and Tribune to allow the public more time to comment on additional details the media giants provided this month on the $3.9 billion deal.

  • October 19, 2017

    Ex-HSBC Exec's Trial Over $3.5B Forex Deal In Jury's Hands

    Jury deliberations began Thursday in the trial of ex-HSBC foreign exchange executive Mark Johnson over claims he defrauded Scottish oil and gas developer Cairn Energy PLC via a $3.5 billion forex deal, with questions about Johnson's and a cooperating witness' testimony coming up late in the day.

  • October 19, 2017

    Water Utility Co. Latest To File Chemical Price-Fixing Suit

    A water utility company has alleged a cartel of chemical companies colluded in a price-fixing and bid-rigging scheme involving a water treatment chemical, adding to the wide-ranging litigation over the purported conspiracy, according to a filing Thursday in Maryland federal court.

  • October 19, 2017

    Parker Hannifin Says Feds' Merger Challenge Came Too Late

    Parker Hannifin Corp. and Clarcor Inc. on Wednesday accused the federal government of dragging its feet to challenge their $4.3 billion tie-up, urging a Delaware federal court to block enforcers’ bid to partially unwind the now-completed transaction.

  • October 19, 2017

    Finnish Co. Pays $15M To End Hydrogen Peroxide Cartel Suit

    Finnish chemical company Kemira Oyj has reached a damage-claim settlement in German court related to its part in a European Union-wide hydrogen peroxide cartel between 1994 and 2000, agreeing to pay compensation and costs of €12.7 million ($15 million).

  • October 19, 2017

    Mitsubishi To Pay $1.3M To Settle Conspiracy Claims

    Mitsubishi Electric Corp. has agreed to pay $1.3 million to settle claims in multidistrict litigation alleging a conspiracy to fix prices for truck alternators and starters, according to a filing in Michigan federal court Wednesday.

  • October 18, 2017

    Hayes Gets OK To Fight $1M SFO Asset Seizure In Libor Case

    Former UBS trader Tom Hayes has received permission to appeal an order allowing the Serious Fraud Office to confiscate £879,000 ($1.16 million) in assets after his conviction for manipulating the London interbank offered rate, his lawyer said Wednesday.

Expert Analysis

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Learning From DOJ’s Parker Hannifin Merger Challenge

    Jack Sidorov

    The U.S. Department of Justice's recent lawsuit challenging Parker Hannifin’s consummated acquisition of Clarcor serves as an important reminder that the agencies can — and in some limited instances will — challenge consummated transactions that were reported to them under the Hart-Scott-Rodino Act, says Jack Sidorov of Lowenstein Sandler LLP.

  • How Conduct Abroad Impacts Health Care Business In US

    Alison Fethke

    Given the uptick in global awareness and enforcement of anti-bribery and corruption laws, most U.S.-based health care companies are attuned to the risks associated with legal infractions caused by their operations and conduct abroad. However, such ex-U.S. activities may also impact health care companies’ ability to conduct business within the U.S., say attorneys with Ropes & Gray LLP.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.