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Competition

  • September 27, 2018

    Insurer Needn't Defend Au Pair Agency In Class Suit

    A Florida federal judge on Thursday ruled that Berkley Assurance Co. has no duty to defend or indemnify au pair placement agency Expert Group International Inc. in a class action suit accusing it of conspiring with other agencies to set low pay rates, saying coverage is unavailable because Expert Group was aware of the underlying suit before obtaining its policy.

  • September 27, 2018

    Another Ex-Deutsche Trader Tells Jury Of Libor-Rigging

    Another former Deutsche Bank derivatives trader on Thursday told a Manhattan federal jury that he pushed colleagues at the German lender to alter London Interbank Offered Rate submissions to benefit his trading positions, which cheated his counterparties.

  • September 27, 2018

    Deals Rumor Mill: Cognizant, Perella Weinberg, Grab

    Cognizant is discussing a deal to buy Softvision, Goldman Sachs and JP Morgan have earned a spot on Perella Weinberg Partners’ initial public offering, and Grab is considering selling a large stake in its Thai unit to retailer Central Group.

  • September 27, 2018

    9 AGs, Experts, Biz Groups Back AT&T-Time Warner Merger

    Nine state attorneys general, a group of antitrust and economics experts, and business groups including the U.S. Chamber of Commerce have filed separate amicus briefs urging the D.C. Circuit to reject the U.S. Department of Justice appeal fighting to undo AT&T Inc.'s $85.4 billion purchase of Time Warner Inc.

  • September 27, 2018

    AmEx Declined: Bid To Toss Card-Steering Suit Turned Down

    An effort by American Express to throw out antitrust claims has been rejected in New York federal court, where the charge card giant is facing multidistrict litigation accusing it of keeping competitors at bay by not letting merchants steer customers toward other cards.

  • September 27, 2018

    Latham Adds Antitrust Cartel Defense Partner

    Latham & Watkins LLP announced the hiring Thursday of a new antitrust defense partner and former U.S. Department of Justice competition enforcer who specializes in representing companies facing allegations of participation in illegal cartels.

  • September 27, 2018

    Aetna Sells Medicare Biz Amid Review Of $69B CVS Deal

    Aetna will sell its stand-alone Medicare prescription drug plan business to WellCare, as it looks to secure approval from antitrust regulators for its anticipated $69 billion sale to CVS, according to a Thursday filing with the U.S. Securities and Exchange Commission.

  • September 27, 2018

    Sainsbury Merger Affects Hundreds Of Areas: UK Watchdog

    The U.K.’s competition watchdog said in an order released Thursday that its phase 1 investigation of Sainsbury’s planned purchase of Walmart Inc.’s U.K. subsidiary found hundreds of areas where the two stores overlap and that a merger could lessen competition.

  • September 26, 2018

    McKesson Is Roped Into Generic-Drug Price-Fixing Row

    McKesson Corp. earned billions of dollars by cooperating with an industrywide price-fixing conspiracy among generic-drug makers, according to a proposed class action Tuesday that appeared to be one of the first suits linking a drug distributor to multidistrict litigation over alleged drugmaker collusion.

  • September 26, 2018

    EU Top Court Remands Infineon's €83M Chip Cartel Fine

    The European Court of Justice ordered a do-over Wednesday for Infineon Technologies AG’s challenge to an €83 million ($97.4 million) fine for participating in a technology cartel that included Samsung and Koninklijke Philips NV, even as it dismissed Philips’ separate appeal contesting a €20 million ($23.4 million) fine.

  • September 26, 2018

    Dental Orgs Had A Monopoly On Certifications, Suit Says

    The United States Board of Oral Implantology accused its competitors of monopolizing the right to grant specialist certification in oral implantology, reducing competition and setting prices for implant services, courses and materials above competitive levels, according to a complaint filed Tuesday in Illinois federal court.

  • September 26, 2018

    Rare Auction Spurs Monstrous Sky Bet From Comcast

    Comcast is preparing to take over all of Sky in a roughly £29.7 billion ($39.1 billion) deal after the U.K.'s takeover regulator ordered a rare auction to end the monthslong bidding war over the British pay-TV giant being waged between Comcast and 21st Century Fox.

  • September 26, 2018

    FTC Swears In New Commissioner Christine Wilson

    The Federal Trade Commission has sworn in Christine S. Wilson as its newest commissioner, replacing Maureen Ohlhausen a day after her term expired, the agency announced Wednesday.

  • September 26, 2018

    USL Restructures Amid Legal Attacks On US Pro Soccer

    The United Soccer League, which is classified as a Division II professional league, announced Wednesday it is restructuring itself into three separate leagues under one brand beginning in 2019, amid a legal battle between several soccer leagues and organizations regarding the structure of U.S. professional soccer.

  • September 26, 2018

    NFL, Union Beat Sports Agent's Pro Se Antitrust Suit

    The National Football League and the NFL Players Association won a dismissal of a lawsuit filed by a former player agent who was decertified by a rule mandating agents sign at least one player every three years, as a Massachusetts federal judge ruled Wednesday the rule falls within the league’s collective bargaining agreement.

  • September 26, 2018

    Uber Escapes Lyft Driver Spying Class Action For Good

    Uber Technologies Inc. on Wednesday for the third and final time dodged a proposed class action accusing it of using subterfuge to track Lyft Inc. drivers and gain a competitive advantage, after a California federal judge found that a Lyft driver's suit still didn't hold water.

  • September 26, 2018

    21st Century Fox Will Sell Sky Stake To Comcast For £11.6B

    21st Century Fox said Wednesday it will sell its 39 percent stake in Sky to Comcast for £11.6 billion ($15.3 billion), after Comcast again topped the New York-based media company's offer in a bidding war over the British pay TV giant that was settled at an auction ordered by U.K.'s takeover regulator.

  • September 25, 2018

    Hartig Seeks $3M In Attys' Fees In Product-Hopping Suit

    The Hartig Drug Co. Inc. has asked a Delaware federal judge to award it $3 million in attorneys' fees in a suit against Allergan Inc., Senju Pharmaceutical Co. Ltd. and Kyorin Pharmaceutical Co. Ltd. alleging product-hopping over eye care products Zymar and Zymaxid.

  • September 25, 2018

    St. Luke's Drops Appeal Of $7.5M Atty Fees In Antitrust Case

    St. Luke’s Health System Ltd. has agreed to drop its appeal of a more than $7.5 million attorneys’ fees award to two hospitals that spearheaded an antitrust suit against the Idaho-based health organization, according to filings in the Ninth Circuit.

  • September 25, 2018

    Qualcomm Fights FTC Bid To 'Radically Reshape' Cell Industry

    Qualcomm told a California federal court on Monday that the company is not obligated to license chips to rival chipmakers under its standard essential patents, arguing that the ruling the Federal Trade Commission is requesting “would radically reshape licensing in the cellular industry.”

Expert Analysis

  • How The Sports Betting Decision May Affect College Athletes

    Elizabeth McCurrach

    With the imminent possibility of widespread legalized gambling following the U.S. Supreme Court's decision in Murphy, the NCAA’s mission to protect the “amateur” athlete is exponentially harder, say Elizabeth McCurrach and Ronald Gaither of BakerHostetler.

  • Insurance Tips For 'No Poach' Employment Antitrust Claims

    Jeff Kiburtz

    Regulators are taking new and aggressive steps to address the purported use of "no poach" agreements that allegedly violate antitrust law. Apart from ensuring that current practices comply with state and federal laws, companies should make sure that their insurance policies can help mitigate risk from prior practices, say Jeff Kiburtz and Heather Habes of Covington & Burling LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • AmEx Ruling May Have Big Impact On Health Insurance

    David Garcia

    There are a number of ongoing antitrust cases involving health insurance networks that may be susceptible to the type of two-sided market analysis described by the U.S. Supreme Court last month in Ohio v. American Express, say David Garcia and Nadezhda Nikonova of Sheppard Mullin Richter & Hampton LLP.

  • AT&T Win May Help Partial Ownership Transactions

    Jon Dubrow

    While U.S. District Judge Richard Leon was careful to note that his opinion in the AT&T-Timer Warner merger trial was narrow, his evaluation of the evidence undercut the government's theoretical economic model in a way that may have broader applications, says John Dubrow of McDermott Will & Emery LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.