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Competition

  • June 19, 2018

    CVS, Aetna 'Deserve Nobel' If Merger Helps Consumers: Prof

    CVS Health Corp.'s planned $69 billion purchase of the insurance giant Aetna Inc. drew criticism from academics testifying Tuesday before the California Insurance Commission, with a Wharton School management professor calling the industry “full of BS” and saying the companies "deserve the Nobel Prize" if they deliver on the benefits they are claiming.

  • June 19, 2018

    Au Pair Wage-Rigging Collective Action Heads For Trial

    A Colorado federal judge refused Tuesday to enter judgment for former au pairs or the sponsoring agencies they accuse of colluding to set low pay rates in a Fair Labor Standards Act collective action, concluding that too many factual disputes remain to close out the case.

  • June 19, 2018

    Dental Startup Beats Big Distributors' False Ad Claims

    A startup dental supply company exaggerated its ability to offer lower prices than two larger distributor rivals, but they didn’t show that consumers would have cared, a New York federal judge ruled Monday in axing the rivals’ claims.

  • June 19, 2018

    Apple Pushes Monopoly Concerns In Qualcomm ITC Fight

    Apple attorneys questioned an expert witness for Qualcomm on the potential competition effects of the chipmaker’s bid to ban Intel-equipped iPhones from the U.S. during a hearing Tuesday at the International Trade Commission, pressing a claim that a ban on imports of the phone could hand Qualcomm monopoly power and push Intel out of 5G development.

  • June 19, 2018

    MasterCard Settles British Airways Swipe Fee Antitrust Row

    MasterCard has managed to resolve one of the myriad antitrust cases against it over its old interchange fees, with the United Kingdom's Competition Appeal Tribunal on Monday tossing a case from British Airways after the two sides came to an undisclosed settlement.

  • June 19, 2018

    DC Circ. Backs Boehringer In FTC Atty-Client Privilege Row

    The D.C. Circuit refused to overturn a ruling that communications subpoenaed from Boehringer Ingelheim Pharmaceuticals Inc. during a Federal Trade Commission pay-for-delay investigation are covered by attorney-client privilege, saying Tuesday one of their main purposes was to get legal advice.

  • June 19, 2018

    Patients Want New Reps In Hospital Price Hike Row

    Hospital patients in an antitrust suit alleging NorthShore University Health System harmed the market for acute-care inpatient services asked an Illinois federal judge to add new proposed class representatives to their case on Monday, saying the substitute plaintiffs better fit the suit’s claims in the wake of the first class being decertified. 

  • June 19, 2018

    Sprint, T-Mobile Officially Ask FCC Permission To Merge

    T-Mobile and Sprint have asked the Federal Communications Commission for permission to combine forces, according to merger documents posted Tuesday.

  • June 19, 2018

    A Chat With Holland & Knight CFO Mia Stutzman

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Mia Stutzman, chief financial officer at Holland & Knight LLP.

  • June 19, 2018

    EU Antitrust Chief Sees Global Progress Curbing State Aid

    The European Union’s top competition enforcer touted progress Tuesday in getting countries outside the EU to avoid picking economic winners and losers through “harmful subsidies,” part of her efforts to take the bloc's state aid rules global.

  • June 19, 2018

    SFO Euribor Case Is 'Misleading,' Defense Tells Jury

    The jury should take “huge care” when assessing the Serious Fraud Office’s case against four former Barclays PLC traders and a Deutsche Bank trader for alleged Euribor rigging, one of the defendants’ lawyers said Tuesday during her closing, arguing the agency has given a “misleading” and unbalanced picture.

  • June 18, 2018

    GCs Tackle Law Firm Culture In Diversity Push

    Following an American Bar Association pledge, in-house attorneys are taking a harder line in demanding diversity from their outside counsel, and they're seeking to play a larger role in the workings of the law firms they hire.

  • June 18, 2018

    The Hurdles Facing BigLaw’s Minority Women

    We asked BigLaw for data on female minority lawyers for the first time this year, and the results show an industry that is failing to attract and retain them. Here’s a look at the challenges facing these attorneys — and how a few firms are defying the norm.

  • June 18, 2018

    The Best Firms For Minority Equity Partners

    The legal industry is making sluggish gains when it comes to attracting and retaining attorneys of color, but this select group of firms is taking broader strides to diversify at the top.

  • June 18, 2018

    Restaurant Payments Co. Moves To Toss Rival’s Antitrust Suit

    A California payment processing company fought Friday to escape a rival’s antitrust suit, arguing that it accounts for too little of the market for restaurant payment systems to be in danger of monopolizing the space with its recent purchase of another payment company.

  • June 18, 2018

    Uber Ditches Boston Cabbies' Antitrust Claims

    A Massachusetts federal judge on Monday nixed amended antitrust claims from hundreds of Boston-area taxi companies in consolidated suits accusing Uber of unfairly pricing its ride-hailing services to monopolize the market, saying there’s no evidence Uber set artificially low rates or set out to destroy competition.

  • June 18, 2018

    Talk Radio Networks Ask Judge To Lift Cumulus Ch. 11 Stay

    A group of talk radio content producers appealing the dismissal of an antitrust suit against Cumulus Inc. and others asked a New York bankruptcy judge on Monday to lift the company's Chapter 11 stay to let them file an opening brief to the Ninth Circuit.

  • June 18, 2018

    Coachella Looks To Escape Rival Festival's Antitrust Suit

    The owner of the Coachella music festival pushed Friday to exit an antitrust suit targeting its contractual restrictions on where its acts can perform, saying a rival organizer is just looking to piggy-back on its popularity and the acts it attracts.

  • June 18, 2018

    FTC Wraps Trial Warning Marine Cos. Set For Monopoly

    The Federal Trade Commission urged a D.C. federal judge Monday to block the world’s largest marine chemical supplier from buying its closest rival for $400 million, saying during closing arguments that no one else is either capable of filling the competitive gap the deal would create or interested in doing so.

  • June 18, 2018

    Horizon Cancels €169M Towbar Co. Buy Amid Antitrust Woes

    Tow truck and trailer equipment maker Horizon Global Corp. has dropped its planned €169 million ($198.9 million) purchase of the Brink Group after competition authorities in the United Kingdom and Germany raised concerns over the remaining towbar suppliers in the market if the deal went through.

Expert Analysis

  • Equity Partnership Isn’t What It Used To Be

    Jeff Liebster

    To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.

  • Series

    Judging A Book: Hardiman Reviews 'Without Precedent'

    Judge Thomas Hardiman

    In his new book, "Without Precedent: Chief Justice John Marshall and His Times," professor Joel Richard Paul ably explains more than a dozen of Marshall’s most significant opinions, which comes as no surprise​. ​What is a surprise — a pleasant one — is the book's readability, says Judge Thomas Hardiman of the Third Circuit.

  • 2 Things Missing From Debates On US-China Fights

    Scott Kieff

    Hardly a moment passes without another shot fired in the many high-profile fights between the U.S. and China over trade, intellectual property and antitrust. In this area, there is a problem and solution too often overlooked by commentators and business leaders, says Scott Kieff, a principal at McKool Smith PC and former commissioner at the U.S. International Trade Commission.

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For law firms structured as corporations, a lower maximum corporate tax rate and repeal of the corporate alternative minimum tax are good news. But many law firms are pass-through entities, so deduction limitations mean they'll see less benefit from the new tax law, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Why CFIUS Intervened In Broadcom’s Bid For Qualcomm

    Drew Svor

    It's unusual for the Committee on Foreign Investment in the U.S. to delay the election of a public company’s board of directors because they may approve a future transaction. But it's not surprising that CFIUS acted to protect critical U.S. network infrastructure from a foreign buyer, say attorneys with Sheppard Mullin Richter & Hampton.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • New Bribery Suit's Implications For Venezuela Restructuring

    Richard Cooper

    The decision by Venezuela’s state-owned oil company PDVSA to pursue claims in the U.S. over an alleged bribery scheme raises a number of legal and strategic issues not just for the defendants named in the suit, but also for PDVSA’s bondholders and creditors of the republic, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.