Competition

Expert Analysis

• Tribute

  The Legacy Of Larry Popofsky, An Antitrust Titan And Friend

  

  In his magnificent career, Larry Popofsky, who passed away last month, not only earned the well-deserved respect and devotion of innumerable clients, lawyers, colleagues and judges — he fundamentally changed the course of American antitrust law. That came when the U.S. Supreme Court confessed error in Schwinn, 10 years after he gave me my first legal research assignment, says Stephen Bomse of Orrick Herrington & Sutcliffe LLP.

• TC Heartland Opens The Door To New Antitrust Claims In Del.

  

  The District of Delaware — where an increased number of patent cases are likely to be litigated following TC Heartland — has recent case law that may make it easier for defendants in patent infringement cases to bring antitrust counterclaims, including against nonpracticing entities, say Adam Hudes and Stephen Medlock of Mayer Brown LLP.

• How PSD2 Is Revolutionizing Payments In Europe

  

  The revision to the EU Payment Service Directive, known as PSD2, is part of a wave of legislation currently transforming the European Union's payment industry. Some of the new provisions may affect U.S. companies, whether they are involved as merchants or card issuers, says Scott McInnes of Bird & Bird LLP.

• Series

  The Return Of Attorney-Conducted Voir Dire

  

  If we truly believe in providing litigants with a jury of one’s peers, we must adopt strategies to ensure that parties and their representatives have a say in selecting their jury. When only judges participate, the result is a less representative and less fair cross section of the community, say Stephen Susman, Richard Jolly and Roy Futterman of NYU School of Law's Civil Jury Project.

• Monthly Column

  Gray Matters: Identities Are Us

  

  Lawyers faced with clients who can’t or won’t listen to their advice must consider that the core of this risky decision may be a person's inability or refusal to relinquish a prime identity in times of uncertainty, say dispute resolution experts Robert Creo and Selina Shultz.

• My Milkshake Is Better Than Yours: Part 2

  

  In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

• My Milkshake Is Better Than Yours: Part 1

  

  As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

• And Now A Word From The Panel: MDL Forum Selection

  

  In the latest installment of his column on the Judicial Panel on Multidistrict Litigation, Alan Rothman of Arnold & Porter Kaye Scholer LLP takes a closer look at how the panel decides to exclude a potentially related action from a new MDL proceeding, and at how the panel deals with forum selection clauses in contracts between parties in multidistrict claims.

• Attorneys, Your Input Is Needed On Deposition Rule

  

  Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

• The Efficiencies Defense: What Would High Court Do?

  

  Anthem's decision to call off its proposed acquisition of Cigna — effectively mooting its appeal to the U.S. Supreme Court — leaves unanswered several important questions regarding the appropriate treatment of efficiencies in a merger challenge, say attorneys with Crowell & Moring LLP.