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Competition

  • August 20, 2018

    Mylan, Pfizer Barely Put Dent In EpiPen Antitrust MDL

    Mylan NV and Pfizer Inc. on Monday largely failed to scale down multidistrict litigation over sky-high prices for emergency allergy treatment EpiPen, as a Kansas federal judge mostly refused to throw out wide-ranging consumer claims of anti-competitive shenanigans.

  • August 20, 2018

    Wash. AG: More Fast Food Giants To Ax ‘No-Poach’ Clauses

    Washington State Attorney General Bob Ferguson said Monday that eight restaurant chains, including Applebee’s and IHOP, agreed to drop their practice of using no-poach clauses to prevent employees from moving between franchise locations, adding to a recently announced list that included Carl’s Jr. and McDonald’s.

  • August 20, 2018

    9th Circ. Won't Revive VidAngel's Claims Against Studios

    The Ninth Circuit on Friday denied VidAngel Inc.'s bid to revive antitrust counterclaims targeting Disney Enterprises Inc., Lucasfilm Ltd. LLC and other movie studios in a copyright suit against it, finding that the family-friendly streaming service hadn’t shown a conspiracy against it.

  • August 20, 2018

    CVS, Rite Aid Hit AbbVie With Antitrust Suit Over AndroGel

    CVS Pharmacy Inc. and Rite Aid Corp. have joined the slew of antitrust lawsuits against AndroGel maker AbbVie Inc. and its affiliates and are seeking triple damages against the company for allegedly delaying the availability of cheaper generic drugs through patent lawsuits.

  • August 20, 2018

    Gov't, Industry Back Apple In High Court App Store Fight

    The federal government and industry groups urged the U.S. Supreme Court to side with Apple Inc. and toss a proposed consumer class action claiming the technology giant's app store illegally monopolized the iPhone app market, arguing that only "direct purchasers" — here, app developers themselves — can bring such claims.

  • August 20, 2018

    EU Clears $70B Linde-Praxair Deal With Divestitures

    The European Commission on Monday said it cleared German gas giant Linde AG’s planned $70 billion merger with Praxair Inc. after the companies agreed to sell off assets and businesses to assuage concerns that the tie-up would hamper competition on the continent.

  • August 20, 2018

    3rd Circ. Won't Revive Taxi Cos.' Suit Over Uber-Newark Deal

    Taxi and limousine operators lost their bid to revive a putative class action against Newark, New Jersey, over its $10 million agreement with Uber Technologies Inc. after the Third Circuit found Monday that the city was justified in subjecting the ride-hailing company’s drivers to less stringent regulations.

  • August 20, 2018

    Comcast Beats $75M Antitrust Suit Over Ad Platform

    An Illinois federal judge has handed a victory to Comcast in a $75 million suit alleging the cable giant refused to do business with advertisers unless they used the company’s own advertising system, finding it wasn’t anti-competitive for Comcast to refuse to do business with a smaller advertising firm.

  • August 17, 2018

    Cooley Adds Ex-Boies Schiller Trial Partner In NY

    Cooley LLP said Thursday that it has hired a former Boies Schiller Flexner LLP trial partner with experience representing financial institutions and sports and entertainment clients in securities and antitrust litigation, as well as in international and domestic arbitrations, bolstering its offerings in New York.

  • August 17, 2018

    US Takes Ex-HSBC Trader's Extradition Win To Top UK Court

    The U.S. is appealing the denial of extradition of a former HSBC foreign exchange trader to the U.K.'s highest court, prosecutors said Thursday, to face charges in New York alleging he and a colleague defrauded bank client Cairn Energy PLC by trading ahead of a $3.5 billion forex deal for the Scottish oil and gas developer.

  • August 17, 2018

    Egg Producers Cite 3rd Circ. Ruling In Scramble To Exit MDL

    Several egg producers asked a Pennsylvania federal judge Friday to toss a decade-old egg product price-fixing lawsuit against them, arguing that a recent Third Circuit ruling meant that only direct purchasers could sue the farmers in the multidistrict litigation.

  • August 17, 2018

    Class Counsel In $2B Forex Deal Awarded $22M In Expenses

    A New York federal judge awarded nearly $22.5 million to an investor class' counsel for litigation expenses incurred in a $2.3 billion settlement resolving claims that 15 banks colluded to rig benchmark exchange rates in the foreign exchange markets.

  • August 17, 2018

    Ex-Lannett Execs Face Derivative Suit Over Antitrust Probes

    A shareholder of Lannett Co. Inc. has slapped several former executives at the generic-drug maker with a derivative lawsuit in Pennsylvania federal court, accusing them of orchestrating a damaging price-fixing scheme to artificially inflate the firm’s stock price.

  • August 17, 2018

    Impax Says Opana Deal Didn't Delay Competition

    Impax Laboratories Inc. has hit back at efforts to revive a pay-for-delay case over the opioid medication Opana ER, telling the Federal Trade Commission in a brief that the agreement it reached with Endo Pharmaceuticals Inc. that is being challenged is the only reason the drug is on the market.

  • August 17, 2018

    German Auto Giants Knock 'Whole Car Conspiracy' MDL

    German auto giants have urged a California federal judge to toss multidistrict litigation alleging they engaged in a decadeslong antitrust conspiracy on car technology, costs, suppliers and emissions equipment, saying the plaintiffs have zero facts supporting their claims or how the U.S. market was directly affected by the purported scheme.

  • August 17, 2018

    Soccer Federation Docs Will Show Antitrust Plot, League Says

    The North American Soccer League has asked a New York federal court to compel the U.S. Soccer Federation to produce documents and text messages from before 2008, saying the records will prove an alleged antitrust conspiracy against the league.

  • August 17, 2018

    6th Circ. Revives Kyocera's Challenge To Supply Contract

    A Sixth Circuit panel on Thursday resurrected Kyocera Corp.'s attempt to nix what it says is a coercive provision in its supply contract for material used in solar panels that requires it to pay for the material even if it chooses not to buy any.

  • August 16, 2018

    $3.5M Paint Price-Fix Deal OK'd After DuPont's 3rd Circ. Win

    A California federal judge on Thursday approved a $3.5 million deal DuPont and other companies reached to end consumer claims they conspired to fix a paint ingredient’s price, calling it “in the best interest of the class” since the Third Circuit affirmed DuPont’s win in a similar case.

  • August 16, 2018

    Kessler Topaz, Quinn Emanuel To Lead Volatility Index MDL

    An Illinois federal judge on Thursday appointed Kimberly A. Justice of Kessler Topaz Meltzer & Check LLP and Jonathan C. Bunge of Quinn Emanuel Urquhart & Sullivan LLP as lead co-counsel in multidistrict litigation over alleged Chicago Board Options Exchange’s volatility index manipulation.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

Expert Analysis

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • 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.