Expert Analysis

• Info Exchanges Must Stay Inside Now-Invisible Antitrust Lines

  

  While the antitrust agencies recently withdrew long-standing enforcement policy statements for being "overly permissive" on information exchanges, we should not assume that all information exchanges are inherently suspect — they are still permissible if carefully constructed and vigorously managed, say attorneys at Nelson Mullins.

• Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

  

  X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

• Amgen-Horizon Deal May Signal FTC's Return To Bargaining

  

  The Federal Trade Commission's recent settlement of its challenge to Amgen's proposed acquisition of Horizon Therapeutics marks the latest in a string of midlitigation settlements, and may signal that competition regulators are more inclined toward such negotiations following recent litigation losses, say attorneys at Freshfields.

• EU Antitrust Rules Set To Pose Challenges To US Businesses

  

  With stark differences between U.S. and European Union antitrust regimes, and potential for the forthcoming EU guidelines to turbocharge the commission's appetite for intervention, it is important that U.S. businesses with activities in the region take note of the reforms, say Andrea Pomana and Sarah Wilks at Mayer Brown.

• ABA's Money-Laundering Resolution Is A Balancing Act

  

  While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

• Behind The Economics Of The DOJ's Case Against Google

  

  Ahead of the U.S. v. Google search monopolization case set for trial in D.C. federal court Tuesday, economist Tessie LiJu Su discusses bundling, exclusive dealing, and the allegations of anti-competitive practices against the technology giant.

• 2 High Court Cases Could Upend Administrative Law Bedrock

  

  Next term, the U.S. Supreme Court will be deciding two cases likely to change the nature and shape of agency-facing litigation in perpetuity, and while one will clarify or overturn Chevron, far more is at stake in the other, say Dan Wolff and Henry Leung at Crowell & Moring.

• Law Firm Professional Development Steps To Thrive In AI Era

  

  As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

• HHS Neuromonitoring Advisory May Have Broad Relevance

  

  The Health Department Office of Inspector General's recent advisory opinion rejecting a neuromonitoring service's proposal for a shell arrangement isn't surprising, but it could be a harbinger of more warnings against problematic joint venture arrangements to come, says Mary Kohler at Kohler Health Law.

• Merger Proposals Reflect Agency Leaders' Antitrust Principles

  

  Attorneys at Covington trace the recently proposed Hart-Scott-Rodino and merger guidelines changes to certain foundational concerns of the Federal Trade Commission and U.S. Department of Justice Antitrust Division leadership, including issues related to concentration associated with horizontal and vertical mergers.

• The Basics Of Being A Knowledge Management Attorney

  Excerpt from Practical Guidance

  

  Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

• Challenging Standing In Antitrust Classes: The Uninjured

  

  In virtually every antitrust class action, parties at the certification phase disagree about whether the proposed class includes uninjured members, but the goals of Rule 23 and judicial economy are best served by synthesizing two distinct approaches circuit courts take on this issue, say Michael Hamburger and Holly Tao at White & Case.

• How 'Purely Legal' Issues Ruling Applies To Rule 12 Motions

  

  The U.S. Supreme Court's recent Dupree v. Younger holding that purely legal issues resolved on summary judgment need not be reraised in post-trial motions guides litigators on when to preserve certain arguments for appeal, but raises the question of how Rule 12(b) and (c) motion denials will be affected, say Blaine Evanson and Jeremy Christiansen at Gibson Dunn.

• Pros And Cons Of Top-Four Network Rule In The Digital Age

  

  In the era of streaming, broadcasters have recently urged the Federal Communications Commission to remove the top-four network rule — which prohibits common ownership of any two major network stations — in some or all markets, but others argue the rule preserves competition and diversity, say Gregg Skall and Ashley Brydone-Jack at Telecommunications Law Professionals.

• To Hire And Keep Top Talent, Think Beyond Compensation

  

  Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.