We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close


  • July 20, 2018

    Split DC Circ. Reverses Ruling On Amtrak Regulatory Powers

    A split D.C. Circuit panel reversed a lower court’s ruling that a federal statute governing Amtrak’s regulatory authority over its competitors was unconstitutional, saying that by severing an arbitration clause in the statute, Amtrak’s regulatory proposals could be overruled by a federal transportation agency.

  • July 20, 2018

    Banks Say Firm’s Claims Don’t Belong In Swaps Antitrust MDL

    Eleven banks accused by fintech firm trueEX LLC of illegally boycotting its interest rate swaps platform and funneling business to an exchange they operated asked a Manhattan federal judge on Thursday to dismiss the suit, saying trueEX’s case is weaker than those of similar businesses in the multidistrict litigation.

  • July 20, 2018

    £275M Experian Merger Could Hurt Competition, CMA Says

    The U.K.’s competition watchdog said Friday that Experian’s proposed £275 million ($385 million) acquisition of a U.K.-based consumer credit data organization could harm competition because the companies are the two biggest providers of free credit scores in the U.K.

  • July 20, 2018

    Sinclair Couldn't Avoid Deal Review Despite High-Level Talks

    The Federal Communications Commission was not swayed by last-minute, high-level talks with attorneys for Sinclair Broadcast Group Inc. who reiterated the company’s plan to change up its divestitures in an effort to make its acquisition of Tribune Media Co. more palatable, documents filed with the FCC show.

  • July 20, 2018

    Cristal Slams FTC's Review Of Proposed $2.4B Tronox Merger

    Saudi-owned chemical mining company Cristal has ripped the Federal Trade Commission for holding up its proposed $2.4 billion merger with Tronox Ltd., accusing the agency of trying to run out the clock on the deal before the merits of the merger can be examined.

  • July 20, 2018

    Attys Scolded For 'Ridiculous' Briefing In Data Center Row

    A Nevada federal judge has ordered attorneys in a competition dispute between data service centers to be more professional toward one another, saying the court was "not impressed" with the attorneys' "overheated rhetoric or personal attacks" and that the amount of back and forth on simple discovery motions was "ridiculous."

  • July 20, 2018

    Taxation With Representation: Latham, Freshfields, Kirkland

    In this week’s Taxation With Representation, Phillips Edison took over a real estate investment trust that it manages in order to create a $6.3 billion business, Linde AG offloaded parts of its business interests in North America to a joint venture between Messer Group GmbH and a CVC Capital Partners fund for $3.3 billion, and Asahi Kasei Corp. agreed to buy Sage Automotive Interiors from Clearlake Capital Group for $700 million.

  • July 20, 2018

    Judge OKs $54M Aggrenox Settlement In Pay-For-Delay Suit

    A Connecticut federal judge has signed off on a $54 million settlement between indirect purchasers of stroke prevention medicine Aggrenox and drugmakers Teva Pharmaceutical and Boehringer Ingelheim to end allegations the companies blocked generic alternatives to the drug from coming to the market.

  • July 19, 2018

    Judge Referees NCAA, Athletes In Antitrust Pretrial Match

    A California federal judge on Thursday laid the ground rules for a Sept. 4 bench trial over allegations the NCAA illegally prevents athletes from being paid beyond their scholarships, requiring the parties to cut down over 2,000 exhibits, restricting layman witnesses and setting time limits on arguments.

  • July 19, 2018

    Philips Accused Of Patent ‘Holdup’ In Cell Tech Antitrust Suit

    A Swiss tech company slapped Philips with an antitrust lawsuit Thursday in California federal court, claiming the Dutch multinational reneged on its pledges to license its standard-essential cellular technology patents on fair, reasonable and nondiscriminatory terms.

  • July 19, 2018

    Class Attorneys Secure $40M From Solodyn Pay-For-Delay

    A Massachusetts federal judge greenlighted more than $40 million in attorneys’ fees that consumers, pharmacies and health plans racked up during four years of multidistrict litigation and a three-week trial alleging several U.S. drugmakers colluded to delay a generic alternative to brand-name acne medication Solodyn.

  • July 19, 2018

    Chinese Co. Says It's Immune From Cathode Ray MDL

    Irico Group and a subsidiary on Wednesday asked a California federal court to dismiss them from long-running litigation that claims they participated in a conspiracy to fix prices for cathode ray tubes, saying they should be granted sovereign immunity because they are controlled by the Chinese state.

  • July 19, 2018

    CDK Seeks Arbitration Or Toss Of Dealership Claims In MDL

    Software provider CDK Global LLC asked an Illinois federal court on Wednesday to either compel arbitration or dismiss claims against it by the car dealership class in multidistrict litigation alleging it monopolized access to data in software licensed to car dealerships, saying the dealers don’t have standing as indirect purchasers of applications that utilize the data.

  • July 19, 2018

    FCC To Probe If Sinclair Clouded Tribune Divestiture Deal

    The Federal Communications Commission plans to probe whether Sinclair Broadcast Group Inc. obscured that it would effectively retain control of three divested stations in its acquisition of Tribune Media Co., according to a hearing designation order that was officially released Thursday afternoon.

  • July 19, 2018

    Inside The Interlocked Bid Wars Of Comcast, Disney And Fox

    Comcast has called it quits in its challenge to Disney's takeover of 21st Century Fox's film and TV assets as it pulled ahead in a separate bidding war with 21st Century Fox over British telecom giant Sky, in the latest turn in the two intertwined takeover battles.

  • July 19, 2018

    AbbVie Judge Rejects Interest Hike On AndroGel Penalty

    AbbVie Inc. got a partial win in Pennsylvania federal court on Wednesday when a judge rejected a nearly 57 percent interest hike that the Federal Trade Commission proposed for the drugmaker's $448 million penalty over alleged sham AndroGel patent lawsuits.

  • July 19, 2018

    Advocates Urge FCC To Reject Prison Phone Co. Merger

    Legal reform and human rights advocates have called on the Federal Communications Commission to refuse prominent prison-phone operator Securus Technologies Inc.'s bid to buy a competitor, arguing that the company has a shaky track record and will have a monopoly over the industry.

  • July 19, 2018

    Convicted Bankers Get 13 Years For Rigging Euribor

    Two former traders convicted for plotting to rig a key interest rate benchmark were sentenced at a London criminal court on Thursday to a total of more than 13 years in prison as it was revealed that three other defendants will face a retrial in January.

  • July 18, 2018

    Poultry Buyers Can't See Extra Email Docs In Price-Fixing Suit

    Koch Foods Inc., Tyson Foods Inc. and Mountaire Farms dodged chicken buyers’ bid to see at least 50,000 email attachments on top of their discovery production in a proposed class action against major producers after an Illinois federal judge said Tuesday there’s no reason to “rewrite” the deal they negotiated nearly two years ago.

  • July 18, 2018

    DOJ Seeks Accelerated Appeal Of AT&T-Time Warner Tie-Up

    The government on Wednesday asked the D.C. Circuit to fast-track its appeal of a district court ruling rejecting its antitrust challenge to AT&T Inc.’s $85.4 billion purchase of Time Warner Inc., asking the court for an accelerated schedule that would see briefing complete by Oct. 18.

Expert Analysis

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • AmEx Ruling May Have Big Impact On Health Insurance

    David Garcia

    There are a number of ongoing antitrust cases involving health insurance networks that may be susceptible to the type of two-sided market analysis described by the U.S. Supreme Court last month in Ohio v. American Express, say David Garcia and Nadezhda Nikonova of Sheppard Mullin Richter & Hampton LLP.

  • AT&T Win May Help Partial Ownership Transactions

    Jon Dubrow

    While U.S. District Judge Richard Leon was careful to note that his opinion in the AT&T-Timer Warner merger trial was narrow, his evaluation of the evidence undercut the government's theoretical economic model in a way that may have broader applications, says John Dubrow of McDermott Will & Emery LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    DOJ Should Encourage The Bid-Rigging Whistleblower

    Robert Connolly

    There are relatively few government contract collusion whistleblowers. The U.S. Department of Justice's Antitrust Division could roll out the whistleblower welcome mat by making a few changes that will not cost the government a nickel. Even if only one new case emerges, the efforts would be worth it, says former federal prosecutor Robert Connolly.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Inside Kavanaugh's Merger Challenge Dissents

    Timothy Gray

    In the D.C. Circuit's Anthem and Whole Foods cases, U.S. Supreme Court nominee Judge Brett Kavanaugh disagreed with his colleagues’ decisions to block the contemplated mergers, suggesting an antitrust jurisprudence leery of excessive enforcement activity, say Timothy Gray and Melissa Ginsberg of Patterson Belknap Webb & Tyler LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.