Competition

  • November 16, 2017

    Big Banks Face Wider Treasury Auction-Fixing Suit

    A lawsuit accusing 20 of the biggest Wall Street banks of rigging the $13 trillion market for securities sold by the U.S. Department of the Treasury was expanded late Wednesday night with the filing of an amended complaint that alleges two interrelated conspiracies.

  • November 16, 2017

    $120M Barclays Deal Attys Reduce Fee Request By $8M

    Lawyers who sought 30 percent of a $120 million settlement they struck with Barclays PLC for investors who accused the bank of manipulating the London Interbank Offered Rate told a New York federal judge on Wednesday that they’d accept just 20 percent of the settlement pot for now after she raised questions about the payout.

  • November 16, 2017

    Taiwanese Auto Parts Co. To Pay $3.35M In Price-Fix Suit

    A class of car-part direct purchasers asked a Wisconsin federal judge Thursday to approve a $3.35 million settlement with Taiwanese automotive component maker Jui Li Enterprise Co. Ltd. to resolve a lawsuit over alleged price-fixing on certain aftermarket sheet metal products.

  • November 16, 2017

    Media Ownership Restrictions Scrapped In FCC Vote

    The Federal Communications Commission voted Thursday to relax its broadcast media ownership rules, characterized as outdated by the Republican majority but touted as necessary bastions against consolidation by others.

  • November 16, 2017

    Senate OKs Antitrust Whistleblower Bill, Sends It To House

    The full U.S. Senate on Wednesday approved a renewed bill, bound for a House of Representatives that’s failed to take up past versions, that would heighten protections for whistleblowers who report antitrust violations, allowing them to sue in court if they are fired, demoted or otherwise retaliated against.

  • November 16, 2017

    Delrahim Talk Signals Bad News For AT&T-Time Warner Deal

    The U.S. Department of Justice's top antitrust enforcer on Thursday criticized past merger settlements that allowed "illegal" deals to clear with behavioral remedies, affirming his division's role as an enforcement body and implying there is little chance AT&T's proposed $85 billion bid for Time Warner will move forward without divestitures.

  • November 16, 2017

    DOJ Aims To Speed Merger Review Under Trump, Deputy Says

    The new antitrust leadership at the U.S. Department of Justice is trying to cut down on the increasingly long time it has taken the watchdog to review mergers in recent years, an agency official said Thursday.

  • November 16, 2017

    Ex-Squire Patton Boggs Atty, Prosecutor Joins Nelson Mullins

    A former federal prosecutor and Squire Patton Boggs LLP attorney, who represents a client in the FIFA corruption scandal and has prosecuted New Jersey officials for public corruption, has joined Nelson Mullins Riley & Scarborough LLP.

  • November 16, 2017

    FTC's Ohlhausen Sees Light At End Of Pay-For-Delay Tunnel

    The Federal Trade Commission may have “finally started to turn the corner” with its crackdown on pay-for-delay patent settlements, but other efforts by branded-drug makers to stave off generic competition have increasingly caught the watchdog’s eye, acting Chairman Maureen Ohlhausen said Thursday.

  • November 16, 2017

    EU Regulator Trains Sights On Fund Performance Fees

    Europe’s securities watchdog said Thursday it will probe the performance fees charged by asset managers amid growing concerns that some practices are too secretive, leading to excessively high costs for investors.

  • November 15, 2017

    Eye-Drug Compounder Can't Dodge Allergan Suit

    A California federal judge on Tuesday kept alive Allergan’s false advertising suit against a large drug compounder, saying there are sufficient allegations the compounder is manufacturing eye medicines without adhering to federal law.

  • November 15, 2017

    Judge Mulls Tough Sentence For Foreclosure Bid-Rigger

    A California federal judge on Wednesday held off on sentencing a man facing nearly three years in prison for rigging bids at foreclosure auctions in the San Francisco Bay Area, saying she wants to know exactly how much he personally received from the scheme and noting she has seen him express no contrition for his actions.

  • November 15, 2017

    Quest Row Shows High Court's Antitrust Paradox, Judge Says

    A proposed class of patients accusing Quest Diagnostics Inc. of maintaining a lab services monopoly told an appellate panel Wednesday that a lower court incorrectly acted as “a gatekeeper” by dismissing its suit, prompting a Ninth Circuit judge to lament the U.S. Supreme Court’s “de facto different standard for antitrust cases.”

  • November 15, 2017

    Bridgestone's $9.4M Price-Fixing Deal Gets Initial OK

    A Michigan federal judge on Tuesday gave her initial approval to a $9.36 million settlement between Bridgestone Corp. and a putative class of car dealerships, which claim the tire maker took part in a price-fixing scheme for rubber parts that reduce engine and road vibration.

  • November 15, 2017

    Endo Concealed Unit's Alleged Price-Fixing, Investors Say

    Endo International PLC shareholders hit the drugmaker with a proposed class action Tuesday in Pennsylvania federal court claiming it didn’t properly disclose that Par Pharmaceutical Holdings Inc., which the company acquired in 2015, has allegedly colluded to fix generic-drug prices.

  • November 15, 2017

    Gov't Says High Court Should Take Up Vitamin C Price-Fix Suit

    The U.S. solicitor general urged the U.S. Supreme Court on Tuesday to review a Second Circuit decision wiping out a $147 million judgment against two Chinese companies over allegations they fixed prices for vitamin C, asking the justices to decide whether a foreign government’s characterization of its own law is conclusive.

  • November 15, 2017

    Au Pair Co. Pauses Wage Suit To Appeal Arbitration Denial

    A Colorado federal judge Wednesday paused a proposed class action filed by au pairs alleging that multiple sponsor agencies colluded to set low pay rates so that one of the agencies can appeal to the Tenth Circuit the court’s decision not to compel arbitration.

  • November 15, 2017

    Geico Hit With Auto Repair Shop Price-Fixing Suit

    Geico has reached unlawful agreements with a group of preferred auto collision repair shops to fix the maximum price of repairs and steer policyholders from competing repair shops, a competing shop claimed in Oregon federal court Tuesday.

  • November 15, 2017

    GE Seeks Damages Trial After $43.8M Machine-Parts Verdict

    General Electric Co. urged a Texas federal court on Monday to find anesthesia businesses that won a $43.8 million jury verdict in April hadn’t provided enough evidence of anti-competitive behavior related to anesthesia machine parts, a finding GE argued would necessitate a new trial on damages.

  • November 15, 2017

    DC Circ. Threads Needle On Docs Privilege In FTC Row

    A D.C. Circuit panel pressed lawyers for the Federal Trade Commission and Boehringer Ingelheim on Wednesday to spell out the fine line between attorney-client privilege and unprivileged business materials as the FTC investigates a possible pay-for-delay deal.

Expert Analysis

  • New Bipartisan CFIUS Reform Begins To Take Shape

    Mario Mancuso

    The Foreign Investment Risk Review Modernization Act of 2017 introduced last week is intended to strengthen the Committee on Foreign Investment in the United States and address the committee's perceived inadequacies. If enacted, this legislation would reflect the most significant changes to CFIUS in the last decade, say attorneys with Kirkland & Ellis LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.

  • Countering Statutes Of Limitations With Equitable Estoppel

    David Newman

    There are only a few situations in which a New York plaintiff can avail itself of the discovery rule to delay the accrual of a cause of action. However, New York does offer parties a way to avail themselves of discovery-rule-like protections — the doctrine of equitable estoppel, say David Newman and Matthew Lippert of Sills Cummis & Gross PC.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.