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Competition
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March 08, 2024
Apple Relents, Paving Way For Epic Games Store In EU
Epic Games will be able to establish its own app store on European iPhones after all, after Apple changed course Friday, two days after blocking the Fortnite developer from launching its own iOS app store in the latest dustup over Apple control and brand-new European Union rules.
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March 08, 2024
Google Can't Shake Video Ad Tech Claims In MDL
A New York federal court has refused to toss claims targeting Google's control over online video advertising from a defunct video publisher in the sprawling multidistrict litigation accusing the tech giant of monopolizing digital ad technology.
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March 08, 2024
CFIUS Rules May Need Review Amid 'Exponential' Growth
Foreign direct investment-related enforcement and penalty processes in the U.S. could use a review amid "exponential" growth in FDI regimes across the globe, greater awareness of national security risks, and increased U.S. outreach to foreign partners, a U.S. Treasury Department official said Friday.
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March 08, 2024
Confirmation Of GOP Members Restores FTC To Full Strength
The U.S. Senate unanimously confirmed two Republican members to the Federal Trade Commission, balancing out what had been an all-Democratic agency for nearly a year and restoring its full quintet for the first time in almost a year and a half.
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March 08, 2024
Activist Battle Tips, 'Hair-Raising' Red Flags Detailed At Tulane
Companies attending Tulane University Law School's annual Corporate Law Institute conference got distinctive insights into how they can responsibly fend off activist investor attacks, heard diverging views about activists' motivations, and were warned about potential red flags in board members' pasts.
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March 08, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Barclays initiate legal proceedings against top Russian private bank JSC Alfa-Bank; Lex Greensill, founder of the collapsed Greensill Capital, suing the U.K.'s Department for Business and Trade; Wikipedia's parent company hit with a libel claim; and a sports journalism teacher filing a data protection claim against Manchester United FC. Here, Law360 looks at these and other new claims in the U.K.
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March 08, 2024
UK Not So Sweet On Tate & Lyle Deal, Could Raise Prices
The antitrust authority said on Friday that it doesn't see a sweetener in the planned acquisition by Tate and Lyle of the U.K. business of Tereos, as the deal could raise the price of sugar on shelves for shoppers.
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March 07, 2024
Biden Blasts 'Hidden Fees' During State Of The Union
During what could be his last State of the Union, President Joe Biden touted on Thursday night his administration's efforts to protect consumers by combating such issues as "junk fees" and price gouging.
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March 07, 2024
Judges Say Facing Threats And Vitriol Now Part Of The Job
Federal judges spoke Thursday about the challenges of the profession in the 21st century, describing how they've either received threats or know of warnings against colleagues, with one jurist saying she received 11 death threats during her first three months on the bench.
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March 07, 2024
Biden Touts Antitrust Stance As Move To Lower Housing Cost
President Joe Biden in his State of the Union address praised his administration's position backing antitrust lawsuits against rental algorithm companies RealPage Inc. and Yardi, and he urged Congress to support his plan to build or renovate 2 million affordable units, establish a tax credit for first-time homebuyers and other steps aimed at lowering housing costs.
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March 07, 2024
Caliber Says Ex-Exec's Terms With Predecessor Still Apply
Caliber Home Loans Inc. has urged a Dallas federal court to reject a former executive's bid to trim a lawsuit accusing him of raiding the company's workforce when he defected for a competitor, arguing that a contract breach claim still stands even though he worked for a predecessor when he signed the contract at issue.
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March 07, 2024
Investment Adviser Can't Exit Suit Over Stolen Clients
A Florida judge said Thursday she would not allow a retired investment adviser to exit a suit by Mercer Global Advisors accusing him of breaching his employment agreement by conspiring with his wife to steal clients, ruling that there was clearly a factual dispute that should go to trial.
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March 07, 2024
Kroger, Albertsons Want Shoppers' Suit To Await FTC Case
Kroger and Albertsons told a California federal judge Thursday that the Federal Trade Commission's challenge to their $24.6 billion merger should take precedence over a private lawsuit they want paused while the FTC case plays out in Oregon federal court.
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March 07, 2024
New Big Tech 'Gatekeeper' Rules Go Live In Europe
Apple, Google, Microsoft and other digital "gatekeepers" faced a deadline Thursday to implement changes required by Europe's expansive new regulations aiming to rein in the power of Big Tech through rules intended to promote competition and give consumers more choice.
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March 07, 2024
Caribbean Resort Developer Says Partner Undermined Project
An Aspen, Colorado, developer of a Caribbean golf resort has accused one of his partners in Colorado state court of violating a non-compete provision by working on similar projects that were located too close to the luxury development.
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March 07, 2024
FTC Slams 'Unprecedented' 7-Eleven Defense In Agency Suit
The Federal Trade Commission is calling 7-Eleven's theory that only the U.S. Department of Justice can seek civil penalties for violating commission orders "unprecedented," asking a D.C. federal judge to deny the company's motion to dismiss the commission's suit for allegedly violating a 2018 consent order.
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March 07, 2024
Chicken Buyers Bail On Remaining Claims Against Producers
A class of direct purchasers effectively threw in the towel Wednesday on continuing with class price-fixing claims against Perdue Farms, Claxton Poultry and others, cutting deals that abandon attempts to revive the allegations and allow the buyers to avoid up to $1 million in legal costs they might have owed the major chicken producers.
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March 07, 2024
Deals Rumor Mill: Reddit, Cisco, LeBron James-PGA Tour
Reddit's IPO could fetch a $6.5 billion valuation, European antitrust regulators are likely to approve Cisco's $28 billion acquisition of cybersecurity firm Plunk, and LeBron James is among parties interested in investing up to $3 billion combined to support the PGA Tour. Here, Law360 breaks down these and other notable deal rumors from the past week.
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March 07, 2024
An M&A Rebound? Nowhere In Sight, Tulane Panelists Say
High interest rates, regulatory heat and the low availability of debt continue to delay both megadeals and the broader mergers and acquisitions rebound that deal-makers had been hoping for, attendees heard Thursday at the annual Corporate Law Institute conference at Tulane University Law School.
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March 07, 2024
Visa, Mastercard Fail To Ax Retailers' Swipe Fees Class Action
An English appeals court Thursday said the U.K.'s antitrust tribunal was entitled to have approved a proposed class action against Visa and Mastercard over allegedly unfairly imposing interchange rules on retailers, finding it had a "broad margin of discretion" over case management decisions.
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March 06, 2024
Top Calif. Antitrust Atty Says Criminal Cases On The Horizon
California is poised to start prosecuting criminal antitrust cases under a Golden State law that is "broader" than federal law, a senior assistant attorney general for the California Department of Justice said Wednesday at a San Francisco conference.
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March 06, 2024
Garland On AI Crime, And A Taylor Swift Tune For DOJ
U.S. Attorney General Merrick Garland on Wednesday told a group of lawyers gathered in San Francisco that the U.S. Department of Justice is ramping up its hiring of computer scientists to fight artificial intelligence-driven crime and also revealed which Taylor Swift song he thought should be the department's anthem.
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March 06, 2024
DOJ Says Docs Exempt From Release In Ex-JPM Trader Case
The U.S. Department of Justice has asked a D.C. federal court to shut down a former JPMorgan forex trader's latest bid for allegedly exculpatory material from the government's failed market manipulation case against him, arguing the records are properly considered protected from public disclosure.
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March 06, 2024
Varsity Brands Can't Nix Expert's Testimony In Cheer Suit
Cheerleading supply company Varsity Brands won't be able to completely block the expert report of an economist hired by parents who have accused the company of working with others to raise the price of participating in competitive cheerleading, the Tennessee federal judge overseeing the case ruled Wednesday.
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March 06, 2024
Meta Must Face Ill. Media Co.'s Deceptive Ads Suit
An Illinois federal judge refused to let Meta duck, or force into arbitration, a local media company's proposed class action accusing the Facebook successor of competing unfairly by luring away advertisers with inflated user numbers, deeming the allegations plausible and outside of what was agreed to be arbitrated.
Expert Analysis
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Fed's New Swipe At Debit Fees Stirs Up Dilemma For Banks
The Federal Reserve's proposal to reduce the cap on debit card interchange fees charged or received by card issuers and payment networks comes as other bank account fees are taking regulatory hits, which could all culminate in an overall decline in access to banking products and services, says Kristen Larson at Ballard Spahr.
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Behind Antitrust Enforcers' 2023 Labor And Employment Push
This year, the U.S. Department of Justice and Federal Trade Commission stepped up their already-considerable efforts to expand antitrust enforcement to labor and employment, a trend that is likely to continue into next year, say Benjamin Dryden and Richard Flannery at Foley & Lardner.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Exploring Middle-Market M&A Trends In 2023 And Beyond
Middle-market merger and acquisition activity this year was affected by a number of economic, legal and regulatory shifts, with certain trends pointing to favorable transaction conditions in 2024, say Jason Brauser and William Goodling at Stoel Rives.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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Parsing 2023's Energy Markets Enforcement
A review of the Federal Energy Regulatory Commission's and Commodity Futures Trading Commission's recently released fiscal year 2023 enforcement reports highlight the significant energy market enforcement activities, litigation pursued and settlements reached by both agencies, as well as their respective strategic goals and focus areas, say attorneys at Morgan Lewis.
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Hoopers In NCAA Suit Respark Eligibility Framework Debate
A decision by two brothers involved in a recent antitrust lawsuit against the NCAA — to play college basketball rather than go professional after graduating from the Overtime Elite league — has aimed the spotlight on what exactly the NCAA deems permissible compensation under its current framework, say Brady Foster and Dan Lust at Moritt Hock.
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Lessons From DOJ's Wave Of Labor Market Prosecutions
Attorneys at Patterson Belknap consider lessons learned and future meaningful challenges following the U.S. Department of Justice's first six criminal antitrust cases targeting employee no-poach and wage-fixing agreements, in which just one case resulted in a guilty plea.
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Opinion
Giving The Gov't Drug Patent March-In Authority Is Bad Policy
The Biden administration's recent proposal to allow government seizure of certain taxpayer-funded drug patents is a terrible idea that would negate the benefits of government-funded research, to the detriment of patients and the wider economy, says Wayne Winegarden at Pacific Research Institute.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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When Patients Have Standing For Hospital Antitrust Suits
Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.
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8 Ways To Negotiate Improved Disgorgement Outcomes
The U.S. Securities and Exchange Commission's nearly $3.4 billion collected in disgorgements in 2023 shows that substantial disgorgement claims from regulators and law enforcement are the new norm, but corporations may be able to dramatically reduce what they owe by using eight strategies to argue for reduced net profit calculations, say experts at AlixPartners.
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Lessons From This Year's Landmark Green Energy IP Clash
In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.
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DOJ's RealPage Notice Signals Focus On Pricing Algorithms
The U.S. Department of Justice's Antitrust Division recently filed a statement of interest in the Realpage multidistrict litigation to stake out its position that price-fixing algorithms pose a great anti-competitive threat, which suggests that the DOJ and private parties may continue to bring similar actions in the future, say attorneys at Simpson Thacher.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.