• March 7, 2018

    3 Unexpected Ways CFIUS Reviews Can Be Triggered

    The Committee on Foreign Investment in the United States can impose remedies on or block or unwind transactions it finds to have national security concerns, but its broad definition of control could spur scrutiny in situations that may be surprising to companies.

  • March 7, 2018

    Doctor Certification Org Fights New Antitrust Claims

    A nonprofit organization that oversees a group of medical specialty certification boards on Tuesday urged an Illinois federal judge to again toss a suit alleging it violated antitrust laws by partnering with hospitals and insurers to ensure doctors are certified by its members, arguing that the suit did not show it exercised control over the health care entities.

  • March 7, 2018

    Broadcom Aims To Calm CFIUS Woes With 5G R&D Plan

    Broadcom on Wednesday promised to continue research and development efforts in 5G technologies if its $117 billion bid for Qualcomm goes through, in an effort to alleviate the Committee on Foreign Investment in the United States’ concerns that the tie-up would harm national security.

  • March 6, 2018

    Cab Co. Gets Last Chance To Fix Uber Unfair Competition Suit

    A California federal judge on Monday chucked most of a defunct taxi company's claims that Uber Technologies Inc. and its subsidiaries run unlicensed, unregulated taxi services that unfairly compete with "authentic" taxis, giving the plaintiff one last chance to provide more specific information about the surviving claims.

  • March 6, 2018

    Investors Fight Banks' Bid To Ax Stock-Loan Antitrust Suit

    A group of investors behind an antitrust suit accusing Goldman Sachs, Morgan Stanley and several other big banks of conspiring to preserve their dominance over the stock loan market told a New York federal court on Friday that these prime broker powerhouses are “dead wrong” to call some of the case’s allegations recycled.

  • March 6, 2018

    Legal Group Urges 1st Circ. To Flip Asacol Class Cert.

    The Washington Legal Foundation on Monday backed Allergan PLC in a fight over class certification, telling the First Circuit that a Massachusetts federal judge shouldn’t have certified a class of insurers who paid for an ulcerative colitis drug without parties tied to each state involved in the product-hopping suit.

  • March 6, 2018

    Wilson Sonsini Snags DOJ, FTC Vet From Gibson Dunn

    Wilson Sonsini Goodrich & Rosati PC poached former high-ranking federal government lawyer Joshua Soven from Gibson Dunn & Crutcher LLP, gaining expertise from both sides of antitrust litigation as well as experience in high-tech sectors in which the firm prides itself as a leader.

  • March 6, 2018

    France Signals Possible Google, Facebook Antitrust Probes

    France’s competition watchdog on Tuesday closed out a preliminary probe into online advertising with findings focused on Facebook and Google’s market dominance, setting up the possibility for more thorough antitrust investigations, particularly into the two internet giants.

  • March 6, 2018

    Three, Vodafone Hit With UK Net Neutrality Violation Probe

    The United Kingdom’s telecom regulator is investigating Hutchison 3G UK Ltd. and Vodafone Ltd. for potential violations of the European Union’s new net neutrality regulations against throttling and other data practices, the agency announced Tuesday.

  • March 6, 2018

    CFIUS Details Concerns Over Broadcom's Qualcomm Bid

    The Committee on Foreign Investment in the U.S. is investigating whether Broadcom’s proposed $117 billion hostile takeover of Qualcomm will harm national security by weakening U.S. influence over 5G standardization and disrupting U.S. Department of Defense technology contracts, according to a letter from the U.S. Treasury released Tuesday.

  • March 6, 2018

    Gov't Urges Justices To Flip Vitamin C Price-Fixing Decision

    The U.S. government on Monday urged the Supreme Court to overturn a decision wiping out a $147 million judgment against two Chinese companies over allegations that they fixed prices for vitamin C, arguing that the courts, not foreign governments, should have the final say on questions of law.

  • March 6, 2018

    Eleven Madison Park Wants No-Tipping Suit Tossed

    The team behind renowned New York City restaurant Eleven Madison Park on Monday urged a California federal court to dismiss a proposed class action accusing it and other restaurants of participating in a conspiracy to overcharge consumers through the implementation of a no-tipping policy, calling the antitrust claims implausible.

  • March 6, 2018

    Smucker, Conagra Drop $285M Wesson Deal After FTC Suit

    J.M. Smucker Co. has dropped its planned $285 million purchase of the Wesson cooking oil line from Conagra Brands Inc., a day after the Federal Trade Commission sued to block the move, the jam giant said Tuesday.

  • March 6, 2018

    EU Study's Author Doubts Digital Transactions Undertaxed

    The European Commission says the digital sector doesn’t pay its fair tax share, claiming academic research shows the need for a new European Union web levy — but the author of the research told Law360 Tuesday the digital sector is not, in fact, undertaxed.

  • March 6, 2018

    Traders Finagled Chicago’s ‘Fear Index,’ Investors Say

    A trading firm whose subsidiary was fined in December by the Chicago Board Option Exchange for allegedly manipulating derivatives has colluded with a group of anonymous traders in a larger market manipulation scheme involving CBOE’s Volatility Index, a proposed class of investors told a New York federal judge Monday.

  • March 6, 2018

    Lloyds Unit Fights Hotel Group's £138M Hedging Loss Claim

    Lloyds Banking Group-owned The Bank of Scotland has denied claims it breached its duty when it convinced a hotel group to enter into hedging arrangements referenced to Libor in 2010 and 2014, saying in new court documents that the negotiations were fair and the group was not forced to accept the deal.

  • March 5, 2018

    Watchdog Sues DOJ For WH Memos On Fox-Disney Deal

    A nonprofit created by former Obama administration lawyers sued the U.S. Department of Justice on Monday seeking the agency’s communications with the White House over The Walt Disney Co.’s $52.4 billion deal to buy 21st Century Fox Inc.’s film and television studios and other assets.

  • March 5, 2018

    6th Circ. Says Mich. Dealers Can't Duck Tesla Info Grab

    The Sixth Circuit said Monday that three Michigan car dealerships cannot dodge Tesla’s subpoenas seeking communications and testimony they offered in support of a state ban on direct-to-consumer auto sales that Tesla claims is unconstitutional, saying the district court’s discovery order isn’t yet appealable.

  • March 5, 2018

    Payments Keep Heir-Tracker Charges Live, 10th Circ. Told

    The U.S. Department of Justice urged the Tenth Circuit on Friday to reinstate criminal antitrust allegations against a Utah-based heir-tracking company, arguing a federal judge incorrectly excluded payments between collaborating competitors when starting the clock on the statute of limitations.

  • March 5, 2018

    Rakoff Knocks 2nd Circ. In Explaining Uber Arbitration Order

    U.S. District Judge Jed S. Rakoff said Monday that in light of the Second Circuit’s decision to overturn his 2016 findings to the contrary, he had no choice in November but to order arbitration between Uber Technologies Inc. and its ex-CEO and a customer in a class action over the alleged fixing of ride prices.

Expert Analysis

  • Kaepernick's Suit Against NFL: An Academic Exercise?

    Drew Sherman

    Because it is difficult to prove collusion, Colin Kaepernick's recent grievance against the NFL and its teams is being discussed, in some legal circles, as an academic exercise intended to cause change on a greater scale above and beyond the remedies personally available to him, says Drew Sherman of ADLI Law Group.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • 10 Antitrust Developments And Trends To Watch In 2018

    Dee Bansal

    Expect to see antitrust developments in 10 areas this year, including continuing scrutiny of vertical mergers, no-poach agreements and conduct by pharmaceutical companies, say attorneys with Cooley LLP.

  • And Now A Word From The Panel: 2017 MDL Year In Review

    Alan Rothman

    Last year, the Judicial Panel on Multidistrict Litigation ruled on the fewest MDL petitions and created the fewest new MDL proceedings in decades. But the panel's schedule for this week's hearing session suggests 2018 may be different, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • 3 Antitrust Cases Drug Companies Should Watch This Year

    Chad Peterman

    Pending cases involving biosimilar competition, the Noerr-Pennington doctrine and claims brought by state attorneys general highlight the need for pharmaceutical companies to assess the antitrust implications of their strategies, say Chad Peterman and Carl Minniti of Paul Hastings LLP.

  • Ericsson Ruling Provides Guidance On FRAND Royalty Rates

    Fei Deng

    A California district court's recent decision in TCL v. Ericsson offers two practical approaches that can be used by implementers and standard-essential patent holders, as well as other courts, to assessing a fair, reasonable and nondiscriminatory royalty rate, say Fei Deng and Mario Lopez of Edgeworth Economics LLC.

  • Balancing Vertical Integration In Calif.'s Cannabis Industry

    Georgina Moreno

    Given the incentives to organize vertically, California cannabis regulators will need to identify and challenge harmful vertical integration, but allow efficiency-improving integration in cannabis markets and revise regulations to reduce inefficiencies, says Georgina Moreno of Econ One Research Inc.

  • Will The UK Open Its Doors To US-Type Class Actions?


    While the U.S. has a long history of class action litigation, there are still many unknowns in the U.K. as to what the courts are looking for in order to certify a class. The recent filing of a lawsuit against Google will hopefully provide guidance on whether private group consumer redress will be successful on the other side of the Atlantic, says Lauren McGeever of Epiq Systems Inc.