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Competition

  • July 11, 2018

    Kennedy's Legacy Remains Alive In Kavanaugh’s Nomination

    Over his four decades on the federal bench, there was one clerk U.S. Supreme Court Justice Anthony Kennedy always praised effusively. Now, that clerk could be replacing the retiring justice on the high court.

  • July 11, 2018

    Senate Panel Gearing Up For Kavanaugh Vetting Fight

    The Senate Judiciary Committee has already begun what will be a lot of heavy lifting to get ready for a confirmation hearing on U.S. Supreme Court nominee Brett Kavanaugh, which could come before September, by staffing up and preparing to review hundreds of thousands of documents.

  • July 11, 2018

    MoFo Snags Longtime Top DOJ Cartel Enforcer

    Morrison & Foerster LLP said Wednesday that the longtime chief of national criminal enforcement for the U.S. Department of Justice’s antitrust division has joined the firm as a partner in Washington, D.C., to work on international cartel matters and other white collar investigations.

  • July 11, 2018

    What Civil Rights Rulings Could Look Like Under Kavanaugh

    U.S. Supreme Court nominee Brett Kavanaugh's record on immigration, employee rights and health care suggests he could side more closely with high court conservatives than civil rights advocates would like, paving the way for closely watched rulings on some of the nation's most controversial issues.

  • July 11, 2018

    Senate Confirms Kirkland Atty As DOJ Criminal Division Head

    The U.S. Senate voted on Wednesday 51-48 to confirm Brian Benczkowski's nomination as head of the Department of Justice's criminal division, despite Democratic senators' concerns about his work at Kirkland & Ellis LLP for a Russian bank and lack of experience in public criminal cases.

  • July 10, 2018

    'Not A Complicated Case': Kavanaugh's Straightforward Style

    There's no argle-bargle in Judge Brett Kavanaugh's opinions. Instead, he's made a name for himself on the D.C. Circuit with clear, concise writing.

  • July 10, 2018

    Ex-Deutsche Traders Get '11th Hour' OK For UK Testimony

    A New York federal judge on Tuesday granted a bid by two former Deutsche Bank traders accused of rigging the London Interbank Offered Rate who sought to depose a former British Bankers’ Association official, calling it an “11th hour and 59th minute” request and warning she wouldn’t budge on their September trial date.

  • July 10, 2018

    Dems Need Unified Front To Combat Trump's High Court Pick

    U.S. Senate Democrats have launched their drive to block President Donald Trump's choice of D.C. Circuit Judge Brett Kavanaugh for the U.S. Supreme Court, but the math indicates they must make sure their party ranks hold together.

  • July 10, 2018

    5 Tips For Kavanaugh As Confirmation Gets Underway

    D.C. Circuit Judge Brett Kavanaugh, President Donald Trump's nominee to replace retiring Justice Anthony Kennedy on the U.S. Supreme Court, has publicly shared his view that being a judge means following the law — not making it — being impartial and not acting like a jerk. Here, experts share with Law360 five tips for how he can adhere to that philosophy while navigating confirmation hearings.

  • July 10, 2018

    Pa. Owed Atty Fees For Halting Hospital Merger, 3rd Circ. Told

    The Commonwealth of Pennsylvania told the Third Circuit on Tuesday that it should get $1.2 million in attorneys' fees for its successful attempt to block a hospital merger it alleged would harm competition in the region, arguing the award was warranted because it was the prevailing party in the action.

  • July 10, 2018

    Trump Issues Post-Lucia Order Nixing Exams For ALJs

    President Donald Trump on Tuesday issued an executive order eliminating the competitive examination and selection procedures for appointing administrative law judges, citing “sound policy reasons” for making the exception in the wake of the U.S. Supreme Court’s Lucia v. SEC ruling last month.

  • July 10, 2018

    FTC Says Prosthesis Co. Merger Should Be Unwound

    The Federal Trade Commission urged an administrative law judge in opening statements Tuesday to undo a leading prosthetics manufacturer’s purchase of its smaller but highly competitive rival in the market for microprocessor-driven knees, a deal that allegedly threatens the “intense” competition between the companies that pushed prices downward.

  • July 10, 2018

    With Kavanaugh's Nomination, Chevron's Future Looking Grim

    Confirmation of President Donald Trump’s nominee to the U.S. Supreme Court, D.C. Circuit jurist and conservative all-star Brett Kavanaugh, would spell further trouble for federal agencies and so-called Chevron deference, but experts predict that the pro-regulation judicial doctrine is unlikely to be overturned completely in the near future.

  • July 10, 2018

    FTC Asks Court To Pause $2.4B Tronox-Cristal Deal

    The Federal Trade Commission asked a D.C. federal court on Tuesday to stop Tronox Ltd. from completing its planned $2.4 billion purchase of Saudi-owned chemical mining company Cristal, as the sides await a ruling from an administrative law judge on the merger’s legality.

  • July 10, 2018

    EU Tells Spain To Recoup €167M In State Aid From Postal Co.

    The European Commission ordered Spain on Tuesday to recover €167 million ($196 million) in illegal state aid to Correos, the country’s postal service, after determining the government-owned company had been overcompensated between 2004 and 2010 and benefited from “incompatible” tax exemptions.

  • July 10, 2018

    Google's Bid To Duck Antitrust Row A 'Strawman': Photo Co.

    A stock photography company behind a sprawling antitrust suit accusing Google of stifling access to the company's images has said the tech giant is trying to deflect attention from its conduct by hoisting irrelevant "strawman" market theories in a bid to duck the California federal court case.

  • July 10, 2018

    US Regulators Give Takeda Clearance For £46B Shire Deal

    Japanese pharmaceutical giant Takeda said Tuesday that U.S. regulators have signed off on its £46 billion ($60.9 billion) acquisition of Dublin's Shire, the rare disease-focused drugmaker whose purchase has been months in the works.

  • July 9, 2018

    How Kavanaugh’s Conservative Cred, DC Ties Won The Day

    In D.C. Circuit Judge Brett Kavanaugh, President Donald Trump turned to a U.S. Supreme Court nominee who built a reputation on the court for fighting government overreach — making him the favorite of the Republican legal establishment.

  • July 9, 2018

    Senate Battle Lines Drawn With Kavanaugh As Trump's Pick

    President Donald Trump’s announcement of D.C. Circuit Judge Brett Kavanaugh to replace retiring Supreme Court Justice Anthony Kennedy on Monday night quickly generated strong reactions across Capitol Hill as senators on both sides of the partisan divide braced for a battle over the future of the Supreme Court.

  • July 9, 2018

    5 Kavanaugh Opinions You Need To Read Right Now

    President Donald Trump called Judge Brett Kavanaugh a "judge's judge" when he named him Monday as his pick to succeed retiring U.S. Supreme Court Justice Anthony Kennedy. As all eyes turn to the Senate for what is expected to be a bruising confirmation process, here are the opinions to know.

Expert Analysis

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • FDA Risk-Evaluation Guidance Unlikely To Help Generics

    Matthew Perez

    The U.S. Food and Drug Administration's new draft guidance intends to address abuse of risk evaluation mitigation strategies. However, unless legislation gives the FDA the ability to force cooperation, gamesmanship in REMS will continue to be a cost of doing business for drug manufacturers, say Gregory Asciolla and Matthew Perez of Labaton Sucharow LLP.

  • Breaking Down The 2nd Criminal Spoofing Trial: Part 2

    Clifford Histed

    The criminal prosecution of Andre Flotron was ill-fated and suffered from a series of missteps and miscalculations by the government. However, it is now beyond any legitimate dispute that spoofing occurs, that it is illegal, that prosecutors are willing and able to charge spoofing as a criminal violation, and that it is possible to prove those charges in court, say attorneys with K&L Gates LLP.

  • Opinion

    Don’t Revoke The Music Licensing Antitrust Decrees

    Glenn Manishin

    The U.S. Department of Justice's Antitrust Division is reconsidering recommending revisions to — or wholesale elimination of — the consent decrees with ASCAP and BMI. But the antitrust purpose of these decrees remains just as valid today as when they were entered by the federal courts, says attorney Glenn Manishin.

  • Breaking Down The 2nd Criminal Spoofing Trial: Part 1

    Clifford Histed

    The recent acquittal of former UBS trader Andre Flotron in the second spoofing case to go to trial has resulted in comparisons to the spoofing-related conviction of Michael Coscia in 2015. But there are significant differences between the two cases that make such comparisons difficult, say attorneys with K&L Gates LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • An Update On CFIUS Reform

    Judith Alison Lee

    After six months of wrangling over the fate of a proposal to modernize the Committee on Foreign Investment in the United States, the U.S. Congress appears primed to streamline the CFIUS review process. As it currently stands, the proposed legislation would alter the process in many critical respects, say attorneys with Gibson Dunn & Crutcher LLP. 

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.