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  • October 4, 2018

    Nokia Says No Licensing Duty Among Rival Cell Part Makers

    Cellular standard-essential patent practices have "never" required SEP holders to license that technology at the component level rather than the final product, Nokia said Wednesday in seeking to back Qualcomm against a Federal Trade Commission effort to require just that amid an antitrust suit in California federal court.

  • October 4, 2018

    EU Approves Slovakia's $144M Jaguar Land Rover Investment

    The European Union's competition authority on Thursday approved a €125 million ($143.9 million) investment from Slovakia to help Jaguar Land Rover build a new plant in the country, rather than in Mexico, saying the move is in line with the bloc's state aid rules.

  • October 4, 2018

    Chicago Assigned As Venue For TV Ad Price-Fixing MDL

    Tribune Media Co., Sinclair Broadcast Group Inc. and other media giants will face consolidated allegations of colluding to fix prices for TV ads in Illinois federal court after the Judicial Panel on Multidistrict Litigation ruled Wednesday that Chicago represents a centralized location for the case.

  • October 4, 2018

    Car Data Co. Wants Discovery Quashed In Antitrust MDL

    A vehicle information services company has urged an Illinois federal judge to shut down a discovery request from a digital registration company in antitrust multidistrict litigation, saying any discovery should wait until its motion to dismiss is resolved.

  • October 4, 2018

    Lloyds Ordered To Overhaul Systems After PPI Breaches

    The U.K.’s competition regulator ordered Lloyds Banking Group PLC to overhaul its payment protection insurance systems after it failed to remind around 14,000 customers that they could cancel their policies, the watchdog said Thursday.

  • October 4, 2018

    RBS Denies Convicted Trader Influenced Euribor Submissions

    RBS told a London court Thursday that a former trader convicted of rigging Euribor did not influence the bank's submissions for the benchmark rate, fighting a €996 million ($1.1 billion) swaps lawsuit from the owners of Santander’s global headquarters.

  • October 3, 2018

    Nippon’s $60M Fine Reflects ‘Discount’ For DOJ Flub: Judge

    A California federal judge on Wednesday approved a $60 million fine against Nippon Chemi-Con Corp. for its role in a price-fixing conspiracy, but complained it had won a "discount" on the maximum because a U.S. Department of Justice attorney's possible conflict jeopardized the government's case.

  • October 3, 2018

    FDA Petition-Shaming Plan Gives Ammo To Antitrust Suits

    The U.S. Food and Drug Administration appears poised to shame branded-drug makers that make strategically timed objections to generic-drug approval standards, providing new ammunition for antitrust suits over delayed access to lower-cost medicines.

  • October 3, 2018

    Delrahim Says Critics Of DOJ's Patent Shift Are Wrong

    Makan Delrahim, the head of the U.S. Department of Justice’s antitrust division, on Wednesday defended his advocacy of more scrutiny of licensees in the standard essential patent process, telling a Senate oversight subcommittee that the shift from prior patent-focused antitrust enforcement is backed by leading academics.

  • October 3, 2018

    Tuna Cos. Skewer Food Preparer Cert. Bid In Price-Fix MDL

    Seafood producers have blasted the efforts of commercial food preparers to win class status in multidistrict litigation over alleged tuna price-fixing, telling a California federal judge Tuesday there’s no way to show common damages that justify collective action.

  • October 3, 2018

    FTC Says No Harm After EU's In-House Counsel Privilege Rule

    The European Union’s high court ruling that legal professional privilege does not cover communications with in-house counsel during competition probes has not led to a decline in the ability to give confidential advice to attorneys, the Federal Trade Commission said in a blog post Wednesday.

  • October 3, 2018

    Car Dealer Data Co. Settles With Dealerships In Antitrust Case

    The Reynolds and Reynolds Co. has reached a settlement agreement with a group of car dealerships over their claims in multidistrict litigation accusing the company of working with rival CDK Global LLC to monopolize the car dealership data market.

  • October 3, 2018

    CRT Indirect Buyers Seek Fee-Share After 9th Circ. Pushback

    Indirect buyers of cathode ray tubes from three states originally excluded — allegedly inappropriately by class counsel — from a $576.8 million bundle of antitrust settlements with technology giants such as Philips, Panasonic and LG may get a cut after all, following pushback from a Ninth Circuit panel in April.

  • October 3, 2018

    Apple Denied Bid To Pull Back Docs In Qualcomm Fight

    Apple Inc. can’t claw back dozens of documents turned over in its epic patent fight with Qualcomm Inc., a California federal judge ruled Tuesday, saying Apple failed to show that it tried to head off their inadvertent release.

  • October 2, 2018

    Deutsche Libor Trial Judge Eyes Internal Paul Weiss Probe

    The judge overseeing the trial of two former Deutsche Bank traders accused of benchmark rate rigging heard from a Paul Weiss Rifkind Wharton & Garrison LLP partner on Tuesday who led an internal investigation into the German lender over alleged Libor misdeeds, in order to determine if evidence from purportedly compelled statements should be kept out of the jury’s view.

  • October 2, 2018

    Multiple Cos. Dropped From VIX Manipulation MDL, For Now

    Cboe Global Markets Inc. will face multidistrict litigation over alleged manipulation of its volatility index largely alone after investors dropped virtually all other defendants from their case in Illinois federal court, having previously said they wanted to pursue the case in two parts.

  • October 2, 2018

    Anti-Monopoly Group Wants 1st Circ. To Rehear Novartis Case

    An anti-monopolization group urged the First Circuit on Tuesday to revive an antitrust proposed class action against Novartis, saying federal judges should not assume that corporations never get away with omitting information from the U.S. Patent and Trademark Office or other agencies.

  • October 2, 2018

    NCAA Can't Introduce New Witness Proffer, Athletes Say

    Student-athletes challenging the NCAA's rules limiting player compensation in a landmark antitrust bench trial have urged a California federal judge not to admit a new "offer of proof" about the burdens of upending those rules from a deposition witness who never testified.

  • October 2, 2018

    States Urge Justices To Flip Illinois Brick In Apple Case

    Several states urged the U.S. Supreme Court on Monday to overturn its landmark Illinois Brick ruling, which limits who can pursue damages under federal antitrust law, providing support to app buyers accusing Apple of illegally monopolizing the iPhone app market.

  • October 2, 2018

    In-House Review Is Root Of Sinclair-Tribune Woes: O’Rielly

    Commissioner Michael O’Rielly on Tuesday dished heavy criticism upon the Federal Communications Commission’s in-house review process for mergers, which he said is plagued by loopholes that allow proceedings like Sinclair-Tribune to languish and too often cause merging parties to abandon their deals.

Expert Analysis

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Structuring Investigations In Light Of UK Privilege Case

    Mark Beeley

    The English Court of Appeal's much-anticipated decision in Eurasian Natural Resources Corporation means that companies will continue to face difficulties in obtaining the information they need to investigate suspected wrongdoing, without losing the benefit of legal advice privilege under English law, say Mark Beeley and Rebecca Dipple of Orrick Herrington & Sutcliffe LLP.

  • Foreign Investments In German Cos. Face Increased Scrutiny

    Daniel Wiedmann

    Tighter rules for the Committee on Foreign Investment in the United States have been echoed in Germany, and further changes are on the way. Recent developments show that the German government does not shy away from blocking foreign investments, says Daniel Wiedmann of P+P Pöllath + Partners.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • The Potential Reach Of High Court's AmEx Antitrust Analysis

    Barry Reingold

    As lower courts decide whether to apply the U.S. Supreme Court's AmEx decision to other types of two-sided markets, the key question will be whether allegedly anti-competitive conduct on one side of a platform may be credibly constrained by indirect network effects on the other, say Barry Reingold and David Chiappetta of Perkins Coie LLP.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.