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  • October 2, 2018

    NCAA Can't Introduce New Witness Proffer, Athletes Say

    Student-athletes challenging the NCAA's rules limiting player compensation in a landmark antitrust bench trial have urged a California federal judge not to admit a new "offer of proof" about the burdens of upending those rules from a deposition witness who never testified.

  • October 2, 2018

    States Urge Justices To Flip Illinois Brick In Apple Case

    Several states urged the U.S. Supreme Court on Monday to overturn its landmark Illinois Brick ruling, which limits who can pursue damages under federal antitrust law, providing support to app buyers accusing Apple of illegally monopolizing the iPhone app market.

  • October 2, 2018

    In-House Review Is Root Of Sinclair-Tribune Woes: O’Rielly

    Commissioner Michael O’Rielly on Tuesday dished heavy criticism upon the Federal Communications Commission’s in-house review process for mergers, which he said is plagued by loopholes that allow proceedings like Sinclair-Tribune to languish and too often cause merging parties to abandon their deals.

  • October 2, 2018

    Wolters Kluwer Accused Of Dominating Medical Journals

    Wolters Kluwer Health Inc. was hit with an antitrust lawsuit Tuesday in California federal court that alleges the publisher monopolizes the market for health science periodicals.

  • October 2, 2018

    Court Can Decide Dental Suit Arbitration Bid, Justices Told

    The U.S. Supreme Court should affirm that a court has the authority to determine whether an antitrust suit involving two dental equipment companies must be arbitrated or litigated, even if the underlying contract incorporated rules delegating such questions to an arbitrator, a Columbia law school professor has argued in an amicus brief.

  • October 2, 2018

    Judge Scolds JPMorgan, Traders For 'Excessive' Redactions

    A New York federal judge has ordered both sides in a $25 million competition suit against JPMorgan Chase & Co. to refile their motions over what evidence to allow at trial without the “extremely excessive” redactions, saying that by his estimation, up to 90 percent of the redacted information should not have been concealed.

  • October 2, 2018

    Baker Donelson DQ'd In BCBS Antitrust Row Against Ex-Client

    Baker Donelson Bearman Caldwell & Berkowitz PC can’t represent a Blue Cross Blue Shield unit against antitrust claims lodged by United Allergy Services, as it had represented the latter in related allegations years before, a Louisiana federal judge ruled Tuesday.

  • October 2, 2018

    FTC Clears $2.8 Billion Casino Merger

    The Federal Trade Commission has agreed to greenlight a multibillion-dollar merger between casino operators Penn National Gaming Inc. and Pinnacle Entertainment Inc. contingent on their divestiture of casino properties near St. Louis; Kansas City, Missouri; and Cincinnati.

  • October 2, 2018

    AmEx Won’t Challenge 2-Sided Market In Card-Steering Row

    Multidistrict litigation accusing American Express of keeping competitors at bay by not letting merchants steer customers toward other cards appeared bound for trial after the charge card giant told a New York federal judge Monday it has decided not to challenge one of the possible markets identified by retailers.

  • October 2, 2018

    Kraft Wheat Buys Hurt Hundreds Of Investors, Court Told

    A group of investors asked an Illinois federal judge Monday to certify a class in their suit alleging that Kraft Foods Inc. and a snack-food spinoff hurt commodity traders by manipulating wheat prices in 2011.

  • October 2, 2018

    Consumers Seek Sanctions For Mylan In EpiPen Pricing Suit

    A potential class of consumers has asked a Kansas federal judge to sanction Mylan NV for allegedly interfering with discovery and withholding documents and emails that consumers are seeking in an antitrust suit alleging the pharmaceutical company drove up the price of emergency allergy treatment EpiPen.

  • October 2, 2018

    Attys In ISDAfix Antitrust Suit Request $151M In Fees

    Attorneys for a group of investors have asked a New York federal court for $151 million in fees for their work in an antitrust lawsuit brought by their clients alleging that a group of financial firms manipulated global swaps and options benchmark ISDAfix.

  • October 2, 2018

    SFO Won't Appeal Landmark ENRC Legal Privilege Ruling

    Britain’s Serious Fraud Office said Tuesday it will not challenge a landmark appellate ruling that found legal privilege protected advice a law firm gave mining giant ENRC before it faced a corruption investigation by the white-collar crime agency.

  • October 1, 2018

    DOJ Clears $23B UTC, Rockwell Deal With Divestitures

    The U.S. Department of Justice cleared United Technologies Corp.'s $23 billion cash and stock bid to buy fellow aerospace equipment supplier Rockwell Collins Inc., noting in an announcement Monday that its blessing is conditional on UTC getting rid of businesses related to aircraft ice protection and stabilization systems.

  • October 1, 2018

    Apple's Stand On FRAND Claims Disingenuous: Qualcomm

    Qualcomm has urged a California federal judge to reject Apple’s efforts to pare back counterclaims in a sprawling contract and competition dispute over the chipmaker's patent licensing tactics, blasting Apple for bringing accusations of shirked patent-licensing obligations only to claim Qualcomm cannot pursue the reverse.

  • October 1, 2018

    Data Center Operator Can't Nix Rival's Antitrust Suit: Judge

    A Nevada federal court has refused to toss a suit accusing data center operator Switch Ltd. of using anticompetitive tactics to squeeze out rivals and cement its dominance over certain services in Las Vegas.

  • October 1, 2018

    Justices Refuse To Hear Antitrust Claims Against Uber

    The U.S. Supreme Court on Monday refused to hear an appeal of the Philadelphia Taxi Association's case accusing Uber Technologies Inc. of anti-competitive pricing and alleging its drivers don't comply with the regulations imposed on taxis by the Philadelphia Parking Authority.

  • October 1, 2018

    Gov't To Argue At High Court In Apple App Store Case

    The U.S. Supreme Court on Monday approved the federal government's request to appear during oral arguments supporting Apple as the technology giant tries to toss a proposed class action claiming it illegally monopolized the iPhone app market, driving up consumer prices.

  • October 1, 2018

    Justices Pass On Decadeslong Radio License Transfer Fight

    The U.S. Supreme Court on Monday chose not to hear a California broadcaster’s decadeslong challenge to block a license transfer, leaving in place a D.C. Circuit decision that upholds a sales agreement between the broadcaster and Entercom.

  • October 1, 2018

    Electronics Makers Want Juice Cut On Price-Fix Suit

    A group of electronics makers including Panasonic asked a California federal court on Friday to pull the plug on an antitrust suit accusing them of creating a cartel to stabilize prices of electrical inductors, saying the suit is based on speculation.

Expert Analysis

  • FDA Biosimilars Plan Draws From Experience With Generics

    Maria Doukas

    The U.S. Food and Drug Administration recently unveiled its Biosimilars Action Plan, intended to help streamline the development of biosimilars and promote competition across the market. This is similar to the FDA's 2017 plan focused on generic drugs, but key differences may help the BAP fare better at achieving its objectives, say attorneys at Morgan Lewis & Bockius LLP.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Rebuttal

    Judges Can Demand Diversity In Rule 23(g) Applications

    Kellie Lerner

    A recent Law360 guest op-ed criticized the judge in the Chicago Board Options Exchange antitrust litigation for requesting more diversity in plaintiffs’ lead counsel applications. The author’s argument misinterprets the Federal Rules of Civil Procedure and reinforces archaic misconceptions about women and minorities in the courtroom, say Kellie Lerner and Chelsea Walcker of Robins Kaplan LLP.

  • An Update, Not A Transformation, Of CFIUS Review Process

    Scott Flicker

    The Foreign Investment Risk Review Modernization Act, a reform of the review process overseen by the Committee on Foreign Investment in the United States, has just been signed into law. But to a great extent, it merely codifies CFIUS’ current practice of expansively interpreting its jurisdiction, stretching review timelines and taking a broad view of national security, say attorneys with Paul Hastings LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Japan's Balanced Approach To SEP Licensing

    David Kappos

    The Japan Patent Office's new guide to licensing for standard-essential patents maintains an admirable neutrality in tone, language and substance, making it an effective reference tool for all sides in SEP licensing, says David Kappos, a partner at Cravath Swaine & Moore LLP and former director of the U.S. Patent and Trademark Office.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Kavanaugh On Attorney-Client Privilege — 3 Takeaways

    Louis Ramos

    In what may be one of his final acts on the D.C. Circuit, Judge Brett Kavanaugh has written an opinion that may strengthen attorney-client privilege over communications between a company and its in-house counsel. Attorneys at DLA Piper discuss what this holding could mean for the future of the privilege and offer advice for current in-house counsel.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.