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Competition
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April 29, 2024
Target, Grubhub Say Visa, Mastercard Fee Deal Is A Scam
Visa and Mastercard's settlement to slash their merchant fees by some $30 billion over the next several years has no fans in Target and Grubhub, who told the judge overseeing the long-running antitrust litigation that the deal isn't fair to anyone except the credit titans.
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April 29, 2024
Bookstores Want In On FTC's Antitrust Case Against Amazon
A trade group for bookstores has asked a Washington federal court for permission to intervene in the Federal Trade Commission's antitrust case against Amazon to raise concerns about the e-commerce giant's sale of books and contracts with publishers.
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April 29, 2024
Apple Says Nothing's Changed To Revive COVID App Suit
Apple urged a California federal judge not to reopen a tossed antitrust lawsuit over the company's refusal to distribute a COVID-19-tracking app on the App Store, arguing that neither new European Union law nor Epic Games' jury win over Google change the dynamics of a case that has favored the iPhone maker at every turn.
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April 29, 2024
FCC Fines Wireless Carriers $195M For Selling Location Data
The country's top wireless carriers face fines totaling almost $200 million from the Federal Communications Commission after a yearslong probe into the companies' sales of user location data to third parties.
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April 29, 2024
StarKist Looks To Block Guilty Plea From Price-Fixing Trial
StarKist and its South Korea-based owner are urging a California federal judge to reject a bid by packaged tuna buyers to bring evidence of the tuna company's guilty plea into the civil litigation, arguing that the plea agreement with the U.S. Department of Justice is irrelevant to a trial over claims that major tuna brands conspired to keep prices high.
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April 29, 2024
Judge Rejects Class Certification Of Seizure Drug Customers
An Illinois federal judge has rejected a class certification bid in a suit against drugmaker Mallinckrodt and prescription delivery platform Express Scripts, ruling that the plaintiffs were unable to meet their predominance burden as a class.
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April 29, 2024
Turkey Cos. Seek Swift Appeal Of Burford's Ability To Sue
Some of the country's largest turkey producers have asked an Illinois federal court for permission to immediately appeal a March ruling that allows a Burford Capital investment unit to pursue price-fixing allegations against them, arguing the Seventh Circuit should weigh in on whether the investor is permitted to bring such a claim.
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April 29, 2024
Conn. Health Co., Competitor Eye Deal In Trade Secrets Suit
Connecticut-based healthcare marketing firm Primacy LLC and a direct competitor accused of poaching top executive Matt Cyr are looking to settle a trade secrets lawsuit by pausing a preliminary injunction hearing and engaging a new magistrate judge to help them work out their differences.
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April 29, 2024
Meta Can't Appeal Approval Of £2.3B Data Class Action
Meta was blocked on Monday from challenging a decision by the Competition Appeal Tribunal to allow a £2.3 billion ($2.8 billion) class action accusing the Facebook owner of exploiting its users' data, after the court found the appeal had "no real prospect of success."
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April 29, 2024
DOJ Not Required To Probe Alleged Bias In Boston Contracts
A Boston federal judge won't second-guess a U.S. Department of Justice decision not to investigate allegations of systemic racism in the city's municipal contracting practices, deferring to the department's finding that it lacked jurisdiction for the claims.
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April 29, 2024
High Court To Decide Jurisdiction In Dog Food Label Suit
The U.S. Supreme Court on Monday agreed to take up an appeal from Royal Canin USA Inc. and Nestle Purina PetCare Co. in a dispute over whether a suit alleging they falsely represent their products as prescriptions belongs in state or federal court.
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April 29, 2024
Litigation Finance Group Leader Moves To FTC Role
The executive director of the International Legal Finance Association, has left the group for an opportunity to serve one of the recently appointed Federal Trade Commission commissioners.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 2024
TikTok Ban Reveals Congress' Power In Place Of CFIUS Limits
The new law calling for TikTok's Chinese parent company to sell the app or get banned in the U.S. reflects the limits of national security reviews and shows how Congress and the president may bolster, or circumvent, them going forward.
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April 26, 2024
St. John's Hoops Players Say NCAA Can't Block Their Play
Two St. John's University basketball players sued the NCAA Friday in New York, saying it arbitrarily denied them waivers for its "five-year rule" that prohibits student-athletes from competing in more than four seasons in any one sport, after they lost a season during the COVID-19 pandemic.
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April 26, 2024
Wash. Judge Doubts He Can Block Kroger Merger
A Washington state judge expressed "serious doubts" Friday he could block the $24.6 billion Kroger and Albertsons merger but declined to dismiss the state attorney general's lawsuit seeking to derail the deal, saying that the state still had more narrowly tailored remedies to address its anti-competition concerns.
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April 26, 2024
Google Urges Va. Court To End DOJ's Ad Tech Case
Google urged a Virginia federal court on Friday to toss the U.S. Department of Justice case accusing it of monopolizing key digital advertising technology ahead of trial, saying the government cannot use antitrust law to force a company to help its competitors.
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April 26, 2024
HomeServices Brokerage Reaches Deal With Home Sellers
Berkshire Hathaway-owned brokerage firm HomeServices of America reached a deal Friday to settle claims that it forced a class of home sellers to pay inflated commissions, closely following the approval of a $418 million deal between the class and the National Association of Realtors.
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April 26, 2024
FTC's Bedoya Says Labor Concerns In Mergers Matter
Federal Trade Commissioner Alvaro Bedoya said Friday that it's important for enforcers to consider the impact mergers can have on labor, even if they never did in the past, contending that concentration can lead to lower wages and dangerous working conditions.
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April 26, 2024
Apple Keeps Win Over Fortnite Player In Calif. Antitrust Suit
A California state appeals court on Thursday refused to revive a putative class action brought by Fortnite players alleging that Apple's App Store policies violate the state's antitrust and unfair competition laws, saying because the tech giant's conduct is immune from antitrust liability it can't be held to be "unfair."
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April 26, 2024
Blackstone Must Face Claims Of Price-Fixing At Vegas Hotels
A Las Vegas hotel price-fixing suit against Blackstone and others has survived the private equity firm's motion to dismiss, with a Nevada federal judge ruling the plaintiffs had shown enough to allege Blackstone was in control of one of the target hotels, the Cosmopolitan Hotel, at the time of the alleged scheme.
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April 26, 2024
Off The Bench: Nassar Victims, Bush V. NCAA, New ACC Suit
In this week's Off The Bench, the U.S. Department of Justice cuts a nine-figure deal for botching its sexual abuse investigation of disgraced USA Gymnastics physician Larry Nassar, college football legend Reggie Bush plows ahead with an NCAA defamation suit despite reclaiming his Heisman trophy, and Florida sues the ACC to detail its lucrative media rights contracts.
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April 26, 2024
FTC Claims Amazon Execs Destroyed Antitrust Evidence
The Federal Trade Commission and state attorneys general urged a Washington federal judge to force Amazon to produce documents detailing its preservation efforts in their high-stakes antitrust fight, arguing that discovery has revealed that ex-CEO Jeff Bezos and other executives used the encrypted app Signal to destroy relevant antitrust evidence.
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April 26, 2024
JPMorgan Says Ex-Adviser Is Pilfering Clients For Wells Fargo
J.P. Morgan has accused a former investment management adviser of trying to poach clients for her new job at a competing Wells Fargo unit, saying she's been making unsolicited phone calls and sending emails to convince clients to leave in breach of her employment contract.
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April 26, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen budget airline Ryanair file a claim against NATS PLC after the air traffic controller's system collapsed, Mastercard and Visa Europe face group claims from Christian Dior and dozens of other beauty retailers, an intellectual property clash between the publisher of The Sun and ITV, and ISC Europe sue a former director for alleged money laundering. Here, Law360 looks at these and other new claims in the U.K.
Expert Analysis
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What FTC's 'Killer Acquisition' Theory Means For Pharma Cos.
The Federal Trade Commission's recent lawsuit to block Sanofi's acquisition of a pharmaceutical treatment developed by Maze Therapeutics builds on previous enforcement actions and could indicate the agency's growing willingness to use its so-called killer acquisition theory against perceived attempts to eliminate nascent competition, say attorneys at Morgan Lewis.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Assessing Chinese Cross-Border Data Transfers
Jet Deng and Ken Dai at Dacheng unpack the regulatory framework for cross-border data transfers in China, detailing the major systems at play, last year's policy adjustments, and an outlook and practice tips for businesses.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Opinion
There Is No NCAA Supremacy Clause, Especially For NIL
A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.
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Complying With Enforcers' Ephemeral Messaging Guidance
Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.
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BT Case May Shape UK Class Action Landscape
The first opt-out collective action trial commenced in Le Patourel v. BT in the U.K. Competition Appeal Tribunal last month, regarding BT's abuse of dominance by overcharging millions of customers, will likely provide clarification on damages and funder returns in collective actions, which could significantly affect the class action regime, say lawyers at RPC.
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Opinion
Suits Against Insulin Pricing Are Driven By Rebate Addiction
A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Opinion
Pick 'Em Fantasy Sports Games Are Not Illegal Gambling
DraftKings Inc. and FanDuel Inc.'s quest for nationwide regulation of competing fantasy sports companies that offer "pick 'em" games lacks legal merit, may violate antitrust law's Noerr-Pennington doctrine, and should be dismissed, says attorney David Balto, a former policy director at the Federal Trade Commission.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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What To Know About OCC Proposals For Bank Merger Review
The Office of the Comptroller of the Currency's proposed changes to the agency's bank merger review process could exacerbate industry concerns with long and unpredictable processing periods because the proposal is ambiguous with respect to how the OCC will view certain transactions, say attorneys at Simpson Thacher.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.