The multidistrict litigation over alleged price-fixing of generic drugs recently consolidated in Pennsylvania’s Eastern District has the potential to emerge as one of the thorniest court fights in the country, and some observers have raised concerns that the numerous defendants could make it harder for individual companies to avoid getting more deeply embroiled in the litigation.
Uber asked the Second Circuit on Tuesday to heed a recent U.S. Supreme Court decision that purportedly reinforces the ride-hailing company's arguments that class allegations of Uber and its drivers colluding to raise prices belong in arbitration.
The European Commission on Thursday accused telecommunications giant Altice SA of illegally going through with its acquisition of rival PT Portugal SGPS SA before receiving antitrust approval for the deal.
A member of the indirect purchaser class in multidistrict litigation accusing Home City Ice Co. of fixing prices of packaged ice objected Wednesday to a Michigan federal court’s endorsement of attorneys' fees in a $2.7 million settlement, saying class counsel’s request for one-third of the deal is unreasonable.
The Third Circuit will hear oral arguments Friday in a pair of pay-for-delay cases over the drugs Lipitor and Effexor that could heighten the standard needed to allege that agreements to settle pharmaceutical patent dispute litigation constitute so-called reverse payments that run afoul of antitrust law.
The European Union's top antitrust enforcer slapped Facebook Inc. with a €110 million ($122.4 million) fine on Thursday for providing incorrect or misleading information during a 2014 European Commission investigation into Facebook’s $22 billion acquisition of the messaging service WhatsApp.
Theresa May's promise to abolish the Serious Fraud Office if re-elected prime minister as expected next month has been roundly condemned in the legal community, with City lawyers saying the move could diminish Britain’s standing as a leading anti-corruption light on the world stage.
The state of Illinois told a federal judge Wednesday its plan to subsidize struggling nuclear power plants is well within the state's authority under the Federal Power Act, saying the plan's challengers wrongly envision an electricity regulatory landscape devoid of any considerations that aren't economic.
Mylan NV and Pfizer Inc. on Wednesday each urged the Judicial Panel on Multidistrict Litigation not to consolidate antitrust litigation against the drugmakers, arguing the majority of cases are already working together in Kansas to make the litigation work, so the move is unnecessary.
The Senate on Thursday approved President Donald Trump’s pick for the top civil division official at the U.S. Department of Justice, confirming Rachel Brand as associate attorney general on a largely party line vote.
The Serious Fraud Office will be merged with the National Crime Agency if Theresa May is re-elected as Prime Minister, according to the Conservative Party's manifesto announced on Thursday.
Qualcomm Inc. added another front to its legal battles with Apple Inc. on Wednesday when it sued four iPhone manufacturers in California federal court for allegedly failing to pay royalties on license agreements after Apple stopped reimbursing them.
Pfizer Inc. has agreed to provide Louisiana first responders with $1 million worth of the opioid overdose treatment naloxone in exchange for the state dropping its allegations that Pfizer used sham patent litigation to keep a generic version of its anticonvulsant Neurontin off the market.
A Colorado federal judge on Tuesday ruled that Colony Insurance Co. must defend two au pair placement agencies in a collective action alleging they took part in a collusive scheme to set unreasonably low pay rates for program participants, while freeing the insurer from any duty to defend a third placement agency.
Two Disney producers objected Wednesday to The Walt Disney Co., Pixar and Lucasfilm Ltd. LLC’s proposed $100 million deal resolving allegations they agreed not to poach each other’s animators, alleging Disney’s misconduct caused them to be excluded from the deal.
The European Commission moved Wednesday to let national governments provide public support for seaports and airports without seeking prior European Union approval and said it would only look into relatively large government aid to the arts and sports arenas.
Democratic U.S. Sen. Elizabeth Warren and Republican U.S. Sen. James Lankford on Tuesday reintroduced legislation requiring greater transparency of settlements companies and individuals enter into with federal agencies, including a disclosure of tax deductible amounts or other credits that affect the actual dollar figure.
A pair of foreign Boehringer units urged a Connecticut federal judge on Monday to throw out claims by Blue Cross and Blue Shield of Louisiana and Humana Inc. related to an alleged scheme to keep generic versions of the stroke-prevention drug Aggrenox off the market, saying the insurers failed to serve them properly.
The U.K.’s competition watchdog revealed Wednesday it may launch an in-depth review of Solera’s £340 million ($441 million) takeover of private equity-backed Autodata, a European provider of technical information to the automotive aftermarket, unless the Texas-based acquirer offers a suitable remedy.
Two years after gaining the power to enforce U.K. competition law, the Financial Conduct Authority is emerging as an antitrust watchdog to be reckoned with for insurers, banks and other regulated firms, as several brokers recently confirmed they were under investigation.
A former college football player who was told by the National Collegiate Athletic Association that he would have to forgo a year of play if he wanted to transfer schools wants his lawsuit challenging the so-called year-in-residence rule revived, telling the Seventh Circuit on Monday that a lower court gave the NCAA "carte blanche" to violate antitrust laws.
A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.
Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.
It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.
Generally, price-setting bots are not violating the Sherman Act. At what point would, or could, a bot engage in illegal price-fixing? Let's look at five scenarios, says David Evans of Kelley Drye & Warren LLP.
Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.
What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.
In suits challenging products already approved by the U.S. Food and Drug Administration, plaintiffs often suggest that the FDA was bamboozled. In Meijer v. Ranbaxy, plaintiffs allege fraud on the FDA through violations of antitrust and racketeering laws. The First Circuit should not permit such claims to undermine the reliability of administrative actions, says Stephen McConnell of Reed Smith LLP.
Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.
If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.
Prices provide crucial information to buyers and sellers, and so have always been critical to a competitive economy and antitrust law. But the emergence of new online information-harvesting technology and instantaneous transmission of pricing information may lead to anti-competitive price-fixing arrangements and disputes about distributors’ pricing, say Matthew Kennison and Steven Cernak of Schiff Hardin LLP.