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Competition

  • September 18, 2018

    DC Circ. Sides With Copyright Board In SoundExchange Suit

    The D.C. Circuit on Tuesday refused to alter a ruling by the Copyright Royalty Board that set how much streaming services like Pandora Radio must pay for music until 2020, rejecting the argument that the board had used improper benchmarks from the private market.

  • September 18, 2018

    Rural Advocates Tout Planned Sprint, T-Mobile 5G Rollout

    The planned $59 billion merger of Sprint and T-Mobile would likely accelerate economic growth in rural regions through the rollout of the telecoms' proposed 5G network, farm state advocates have told the Federal Communications Commission.

  • September 18, 2018

    Ex-Deutsche Traders Rip Libor Fraud Claims As Trial Begins

    Two former Deutsche Bank AG traders on Tuesday urged a Manhattan federal jury to reject accusations of rigging the London Interbank Offered Rate, claiming prosecutors are attempting to hold them to an unfair standard which was nonexistent during the time in question.

  • September 18, 2018

    EU Probes German Automakers For Emissions Collusion

    Europe’s competition watchdog said Tuesday that it has opened an in-depth investigation into allegations that German automakers Volkswagen AG, BMW AG and Daimler AG colluded to limit the development and implementation of certain emissions control systems.

  • September 18, 2018

    WeWork Reaches Deal With NY, Ill. To Curb Noncompetes

    Shared workspace provider WeWork Cos. Inc. has agreed to curtail its use of noncompete agreements, with some workers receiving full releases from agreements they signed and others having the terms of their noncompetes streamlined, the attorneys general of New York and Illinois announced Tuesday.

  • September 18, 2018

    Visa, Mastercard, Banks Ink New Deal In Swipe Fee Row

    Visa, Mastercard and several major banks will shell out up to another $900 million on top of $5.3 billion already paid to resolve a major chunk of an antitrust multidistrict litigation over card-swiping fees, in a New York federal court class action settlement with merchants announced on Tuesday.

  • September 18, 2018

    Banks Want Out Of Mexican Bond Price-Fixing Case

    A crop of major banks and affiliated entities have asked a New York federal court to toss a consolidated case alleging that they conspired to fix the prices of Mexican government bonds, saying the pension funds that brought the suit haven't adequately claimed that the financial institutions had a "conspiratorial agreement."

  • September 17, 2018

    U. Of Wis. Head Says Sports Program At Risk If Athletes Paid

    The University of Wisconsin-Madison could drop its athletics program if it has to start paying student-athletes, the head of the university told a federal judge Monday at a landmark antitrust trial over the NCAA's limits on compensation, while an American Athletic Conference commissioner warned that such payments "would intrude on college sports."

  • September 17, 2018

    Rakoff Hits Cocoa Trader With 2.5 Years For $350M Fraud

    A former executive of bankrupt Transmar Commodity Group Ltd. on Monday was sentenced to two and a half years in prison by U.S. District Judge Jed Rakoff for a “massive” $350 million asset fraud at the family-run cocoa commodity trading company.

  • September 17, 2018

    DOJ Clears $67B Cigna-Express Scripts Deal

    The U.S. Department of Justice cleared Cigna Corp.'s planned $67 billion purchase of pharmacy benefits manager Express Scripts Inc. on Monday without any conditions, five months after requesting additional information from the companies about the deal.

  • September 17, 2018

    Automakers Seek OK For $5.7M In Heater Panel MDL Deals

    Three Japanese manufacturers wrapped up in multidistrict litigation alleging they conspired to hike prices on automobile heater control panels have agreed to pay $5.7 million to escape automakers’ claims, according to a filing in Michigan federal court.

  • September 17, 2018

    Chicken Price-Fixing Suit Gets Plucked From Kan.

    A major cooperative food wholesaler will have to litigate its price-fixing allegations against Tyson, Perdue and several other broiler chicken producers alongside the roughly 20 other lawsuits currently pending against the companies in Illinois after a federal judge agreed to allow the defendants to fly the Kansas coop.

  • September 17, 2018

    Gleevec Buyers Say 1st Circ.'s Dismissal Misread Patent Law

    Buyers of the leukemia drug Gleevec urged a First Circuit panel on Friday to rehear its decision affirming the dismissal of a proposed class action accusing Novartis of using sham litigation to extend a monopoly over the medication, arguing the ruling went against “black-letter patent law.”

  • September 17, 2018

    Homeland Wants Out Of HCSC's Antitrust MDL Costs

    Homeland Insurance Co. of New York asked an Illinois federal judge to find the company not liable for antitrust claims against Health Care Service Corp. centralized in multidistrict litigation, arguing that a prior suit over similar claims means no coverage for the new ones.

  • September 17, 2018

    AMC Settles Texas Theater's First-Run Claims Ahead Of Trial

    AMC reached a settlement agreement with a Houston theater claiming the chain illegally blocked its access to first-run films, bringing an end to the antitrust suit days before a trial was set to commence in Texas federal court.

  • September 17, 2018

    Teva Looks To Escape Proposed Price-Hike Class Action

    Teva Pharmaceutical Industries Ltd. has urged a Connecticut federal judge to let it escape a proposed class action accusing it of engaging in a price-hike scheme, saying it isn't unlawful to have a plan to increase product prices when the opportunity presents itself in the market.

  • September 17, 2018

    CFTC Seeks Quick Win For 2 Claims In Kraft Wheat Case

    The U.S. Commodity Futures Trading Commission on Friday asked an Illinois federal court for a quick win on two claims in its suit against Kraft Foods Group Inc. alleging that the food conglomerate manipulated the price of wheat commodities and futures.

  • September 14, 2018

    Full 9th Circ. Won’t Rehear Seattle Uber Union Law Fight

    The Ninth Circuit on Friday refused to revisit a recent decision reviving the U.S. Chamber of Commerce's antitrust challenge to a Seattle ordinance letting app-based, ride-hailing drivers bargain collectively, rejecting the city’s petition for a rehearing before the full appeals court.

  • September 14, 2018

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

    The last week has seen Denmark's tax authority file another fraud suit against more investment firms, insurance giants like Amlin and Axa sue a seafood distributor, and a bid to appeal a decision from former shareholders of a business in RBS' controversial restructuring unit. Here, Law360 looks at those and other new claims in the U.K.

  • September 14, 2018

    Auto Parts Buyers Must Seek Damages One-On-One, Cos. Say

    A pair of Taiwanese parts suppliers urged a Wisconsin federal judge Thursday to decertify two groups of aftermarket sheet metal parts purchasers seeking damages to close out price-fixing allegations where every other defendant has settled, with the suppliers arguing the buyers’ damages claims must be handled individually.

Expert Analysis

  • Rebuttal

    Japan SEP Licensing Guide Also Aims To Prevent Abuse

    Jay Jurata

    In a recent Law360 guest article, David Kappos wrote that the Japan Patent Office's new licensing guide reflects a balanced approach to standard-essential patents. We agree. But some of the article's characterizations of the issues underlying SEP disputes are misguided, say Jay Jurata and Emily Luken of Orrick Herrington & Sutcliffe LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • 2 Door Makers And The Gutting Of Pre-Merger Clearance

    Derek Dahlgren

    The Eastern District of Virginia is poised to render a decision in Steves & Sons v. Jeld-Wen that may run into the U.S. Supreme Court’s concerns regarding belated challenges to mergers, as well as potentially create uncertainty in the value of pre-merger clearance under the Hart-Scott-Rodino Act, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • 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.