We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close


  • July 2, 2018

    High Court Nomination Watch: 7th Circ.'s Amy Coney Barrett

    Amy Coney Barrett has been sitting on the Seventh Circuit bench for only eight months, but she is rumored to be on President Donald Trump’s shortlist for potential picks to replace Justice Anthony Kennedy on the U.S. Supreme Court.

  • July 2, 2018

    Narrow Rulings Reveal Wide Gulfs Between Justices

    With the Supreme Court largely punting on deciding the issues at the center of some of its biggest cases this term, the justices turned to concurrences to fight for the future of the law.

  • July 2, 2018

    4 High Court Lineups That Might Surprise You

    While the justices tend to join most often with colleagues whose philosophy they share, even politically charged cases can create groupings that defy easy categorization. Here are a few from the latest term.

  • July 2, 2018

    How A More Conservative Court Could Change Telecom Policy

    Justice Anthony Kennedy’s upcoming retirement comes at a tumultuous time for the telecom industry as legal challenges to major Federal Communications Commission decisions play out in lower courts, including disputes over media ownership rules and net neutrality.

  • July 2, 2018

    Atty, Sister’s Travel Co. Held In Contempt In Battery MDL

    An attorney and his client, a company co-owned by his sister that objected to a $139.3 million battery price-fixing class action settlement, were held in contempt of court Monday by a California judge who said they didn’t explain why they disobeyed a deposition order.

  • July 2, 2018

    The Funniest Moments Of The Supreme Court Term

    From a raucous house party to the often-disappointing taste of wedding cake, the justices found plenty to laugh about in the latest term. Here are the top moments of legal levity.

  • July 2, 2018

    Blue Cross Asks For Redo In Row Over $40M Hospital Deal

    Blue Cross Blue Shield of Rhode Island asked a federal judge Monday to rethink his decision forcing it to face Steward Health Care System’s antitrust suit alleging it sank a $40 million hospital buy to keep Steward out of the state, saying a recent U.S. Supreme Court ruling has upended the very rationale behind the claims. 

  • July 2, 2018

    Law Firm Can't Sue Over Alleged Software Price-Fixing

    An Illinois federal judge dismissed a lawsuit filed by Chicago law firm McGarry & McGarry LLP against a bankruptcy management software company over allegations it ran a price-fixing conspiracy Monday, finding that the firm had no standing to bring an antitrust case.

  • July 2, 2018

    Trump Plows Ahead With Supreme Court Selection Process

    President Donald Trump is ramping up the process of replacing Justice Anthony Kennedy on the U.S. Supreme Court, interviewing four candidates Monday and revealing the White House staffers who are leading the selection effort.

  • July 2, 2018

    Hitachi, Mitsubishi To Pay $9.5M In Car Parts Antitrust MDL

    Purchasers of fuel injection systems affected by an alleged price-fixing conspiracy asked a Michigan federal judge on Friday to approve a pair of settlement agreements, worth a combined $9.5 million, that would resolve claims against Hitachi Automotive Systems Ltd. and Mitsubishi Electric Corp. in a sprawling antitrust multidistrict litigation.

  • July 2, 2018

    CVS Wants Antitrust Suit Over 340B Drug Program Tossed

    CVS Pharmacy Inc. and its 340B Drug Pricing Program administrator Wellpartner LLC on Friday urged a Florida federal court to dismiss an antitrust and trade secrets lawsuit brought by a rival administrator, saying the poorly defined allegations stem from the company’s fear of innovation in the market, not illegal activity.

  • July 2, 2018

    CDK Aims To Bar Authenticom's Data Raid In Car Dealer MDL

    Software provider CDK Global LLC countersued independent data integrator Authenticom for cyberpiracy and trade secrets theft Saturday, rebuking consolidated multidistrict litigation kicked off by Authenticom alleging CDK monopolized access to car sales and service data in software licensed to auto dealerships.

  • July 2, 2018

    Netherlands, Starbucks Ask EU Court To Reverse Tax Ruling

    The Netherlands and Starbucks asked a European Union court Monday to reverse a 2015 European Commission ruling that the American coffee giant received unfair tax benefits.

  • July 2, 2018

    Payment Processing Firm Urges Court To Stop Rivals' Merger

    A payment processing company urged a California federal court to intervene and halt its rivals from merging, arguing that the pending acquisition is already hurting its bottom line and creating a monopoly on restaurant transactions. 

  • July 2, 2018

    All Nippon Airways Can't Escape Price-Fixing MDL

    A California federal judge summarily refused Friday to let All Nippon Airways duck multidistrict litigation from passengers who allege it conspired with other airlines to fix prices on long-haul flights to Asia-Pacific destinations.

  • 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.

Expert Analysis

  • 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.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Antitrust Concerns About Big Data May Be Overblown

    Paul Eckles

    The antitrust world has begun to take notice of the ever-growing amount of data being shared across networks and devices, resulting in calls for new laws and increased enforcement efforts. However, existing antitrust principles — when correctly applied — are sufficient to police a firm’s purported misuse of big data, say Paul Eckles and Luke Taeschler of Skadden Arps Slate Meagher & Flom LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Time For M&A Parties To Take Gun-Jumping Rules Seriously

    Tobias Caspary

    The European Commission last week imposed a €124.5 million ($152.3 million) fine on Altice, which dwarfs previous gun-jumping fines by any other antitrust authority worldwide. While the rules on gun jumping may not yet be clear, what is already evident is the increasing focus of European and other regulators on procedural misdemeanors, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Don’t Sleep On The Dormant Commerce Clause

    Stephen McConnell

    The Fourth Circuit recently held that a Maryland statute, which prohibited drugmakers and distributors from charging an "unconscionable" price even on sales that occurred outside the state, was a violation of the dormant commerce clause. We cannot read this case without daydreaming about how its logic might apply to other cases, says Stephen McConnell of Reed Smith LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.