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Competition

  • July 2, 2018

    The Biggest M&A Moments Of 2018’s First Half

    The first half of 2018 featured a hostile takeover bid halted by a presidential decision, a major antitrust win for media tie-ups, and a shareholder activism campaign that sent a deal into a fatal tailspin. Here, Law360 recaps the most headline-worthy M&A moments of the first six months of the year.

  • June 29, 2018

    The Most Talkative Justices Of The Term

    Once again, Justice Stephen Breyer was the most talkative member of the U.S. Supreme Court during oral arguments, but another member of the court turned heads by speaking out 50 percent more than she did in the prior term.

  • June 29, 2018

    The Firms That Won Big At The Supreme Court

    A handful of law firms argued multiple cases during the latest high court term — with varying degrees of success. Here’s how the familiar law firms fared in some of the most high-profile cases of the year.

  • June 29, 2018

    The Supreme Court Term By The Numbers

    Back at full strength, the justices worked their way through a docket full of blockbusters. Here’s our data-driven look at the term that was.

  • June 29, 2018

    Justice Kennedy Leaves Mixed Record On Civil Rights

    Over three decades on the Supreme Court, Justice Anthony Kennedy perhaps became best known for upholding the constitutional right to abortions and to same-sex marriage, but his deference to states’ rights and his inclination to take a race-blind approach to legal analysis have complicated his civil rights legacy.

  • June 29, 2018

    Kroger, Hy-Vee Sue Chicken Cos. Over Alleged Price-Fixing

    Grocery giants The Kroger Co., Hy-Vee Inc. and Albertsons Cos. Inc. are the latest to accuse Tyson and other chicken producers of an alleged conspiracy to fix broiler chicken prices, with the grocers filing suit over the claims in Illinois federal court on Friday.

  • June 29, 2018

    Drug Wholesaler Alleges Pay-For-Delay Scheme By Novartis

    A defunct Illinois drug distribution company filed putative class antitrust allegations against Novartis Pharmaceuticals Corp. and Par Pharmaceutical Inc. on Friday, alleging in New York federal court that the pair cooked up a pay-for-delay scheme for Novartis' high blood pressure drug Exforge.

  • June 29, 2018

    Warren, Booker Worry Wage-Sharing Rule Hurting Workers

    Democratic Sens. Cory Booker and Elizabeth Warren on Thursday urged the U.S. Department of Justice and the Federal Trade Commission to rethink their “safety zone” for allowing employers to share detailed wage information without violating antitrust laws.

  • June 29, 2018

    Trump Says He Will Announce Supreme Court Nominee July 9

    President Donald Trump said Friday he will announce his nominee to take Justice Anthony Kennedy’s place on the U.S. Supreme Court on July 9, and that he has narrowed down the pool of candidates to “around” five people, including two women.

  • June 29, 2018

    Health Hires: Fenwick, Dechert, Holland & Hart, Carlton Fields

    Fenwick & West LLP, Dechert LLP, Holland & Hart LLP, Carlton Fields, Aerie Pharmaceuticals Inc. and Milberg Tadler Phillips Grossman LLP have grown their health and life sciences abilities with attorneys from White & Case LLP, Simpson Thacher & Bartlett LLP, Stoel Rives LLP, Polsinelli PC, Sanofi and Girard Gibbs LLP.

  • June 29, 2018

    Kennedy's Retirement: Legacy, Fallout & The Battle Ahead

    Justice Anthony M. Kennedy, the longest-serving active member of the U.S. Supreme Court, announced his retirement Wednesday after three decades on the high court. Here, Law360 analyzes his immense impact and what his departure means for the future of the court.

  • June 29, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen more than a dozen U.K. municipal authorities lodge a derivatives suit against Barclays, a hedge fund accuse Portugal's Novo Banco of tripping a default for billions of euros worth of debt and a dispute between a unit of troubled specialty reinsurer CBL Corp. and one of its former originating insurers.

  • June 29, 2018

    AbbVie, Besins Owe $448M In FTC Androgel Antitrust Case

    AbbVie Inc. and an affiliate must pay $448 million in the Federal Trade Commission’s suit alleging they netted more than $1 billion after bringing sham patent lawsuits to stave off generic competition to AbbVie’s AndroGel testosterone replacement drug, a Pennsylvania federal court ruled Friday.

  • June 29, 2018

    Reps. Press FCC On Pending Spanish TV Network Dispute

    Two Democratic House Reps from California have asked the Federal Communications Commission when it will decide whether to reconsider Liberman Broadcasting's petition accusing Comcast of stifling competition by allowing Estrella TV to be dropped from certain markets after the two telecoms could not agree on carriage talks. 

  • June 29, 2018

    Broadway Producers Drop Cartel Claims Against Casting Cos.

    A trade association for Broadway theater workers has dropped a lawsuit accusing several casting companies and New York's Teamsters Union of forming a cartel, after months of settlement negotiations, the group has told a New York federal judge. 

  • June 28, 2018

    Ex-Willkie, Hunton Partner Disbarred Over $7.8M Fraud

    A former partner at Willkie Farr & Gallagher LLP and Hunton & Williams LLP was disbarred in New York on Thursday after pleading guilty to a $7.8 million wire fraud scheme in which she billed her former employers and MasterCard Inc. for work that was never performed.

  • June 28, 2018

    Why The Defense Bar Celebrates Kennedy

    Associate Justice Anthony Kennedy spent his three decades on the high court making a name for himself as a champion of individual freedoms, but he also authored the majority opinion in Ashcroft v. Iqbal that changed corporate litigation so much, it is cited in nearly every dismissal bid and has become the bane of the plaintiffs bar.

  • June 28, 2018

    UK Watchdog Looks To Revive £89M Drug Pricing Fine

    The U.K. competition authority said Thursday it has asked to appeal a tribunal’s decision ordering it to take a second look at a case wherein the watchdog slapped Pfizer and Flynn Pharma with a £89.4 million ($116.9 million) fine after finding excessive and unfair pricing of an anti-epilepsy drug.

  • June 28, 2018

    Roberts Becomes True Power As 'Kennedy Court' Ends

    The retirement of Justice Anthony Kennedy means that Chief Justice John Roberts is now the U.S. Supreme Court's most important member not just in title but also in reality, empowering him to advance a muscular conservative agenda and perhaps broker deals with outgunned liberals.

  • June 28, 2018

    FCC's O'Rielly Says Admin Hearings Wrongly Kill Mergers

    The Federal Communications Commission’s administrative law judge system is one of the easiest ways to strangle a proposed media merger, Commissioner Michael O'Rielly suggested Thursday, saying in a speech that the agency’s in-house review process should be scrapped.

Expert Analysis

  • Criminal Antitrust Enforcement Has A New Leader

    Tara Reinhart

    For the first time in many years, the deputy assistant attorney general for criminal enforcement at the U.S. Department of Justice Antitrust Division will come from outside the Antitrust Division. The appointment of Richard A. Powers is important because he could stay in the role well beyond this administration, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • ITC’s Amended Section 337 Rules Streamline Investigations

    Jordan Coyle

    Late last month, the U.S. International Trade Commission issued long-awaited final amendments to its Rules of Practice and Procedure pertaining to investigations under Section 337 of the Tariff Act. Jordan Coyle and Diana Szego Fassbender of Orrick Herrington & Sutcliffe LLP analyze the most significant amendments and the circumstances surrounding them, and offer key practice tips.

  • A Proposed Approach For High Court In Vitamin C Case

    Michael Kimberly

    It is safe to expect a narrow ruling from the U.S. Supreme Court in Animal Science v. Hebei, instructing lower courts not to give conclusive deference to foreign sovereigns’ legal submissions. But it would be more sensible to instruct U.S. courts to assess whether these submissions are entitled to any deference in their country of origin and, if so, to give them that deference, say Michael Kimberly and Matthew Waring of Mayer Brown LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • The Future Of Antitrust Claims At The ITC

    Matthew Rizzolo

    In March, the U.S. International Trade Commission's dismissal of U.S. Steel’s complaint caused some to question whether there remained a viable path for antitrust-based claims at the ITC. But the initiation of an antitrust-based Section 337 investigation just days later shows that the door for antitrust claims at the ITC has not closed, say attorneys with Ropes & Gray LLP.

  • Breaking Down The New Antitrust Investigation Into Colleges

    Amy Gallegos

    Letters issued to certain elite colleges and universities indicate that the U.S. Department of Justice is investigating early-decision programs. The antitrust theories raised on this issue in the early 2000s were fatally flawed, but they warrant a look because they may be behind the government’s investigation, say attorneys with Jenner & Block LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.