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Competition

  • 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.

  • June 18, 2018

    CDK Slams Attempted Info Grab In Car Dealer Data MDL

    Software provider CDK Global LLC urged an Illinois federal judge on Monday to reject what it called overbroad discovery demands from plaintiffs in consolidated multidistrict litigation alleging CDK monopolized access to car sales and service data in software licensed to auto dealerships, saying documents related to a recently scuttled acquisition are irrelevant.

Expert Analysis

  • FDA Risk-Evaluation Guidance Unlikely To Help Generics

    Matthew Perez

    The U.S. Food and Drug Administration's new draft guidance intends to address abuse of risk evaluation mitigation strategies. However, unless legislation gives the FDA the ability to force cooperation, gamesmanship in REMS will continue to be a cost of doing business for drug manufacturers, say Gregory Asciolla and Matthew Perez of Labaton Sucharow LLP.

  • Breaking Down The 2nd Criminal Spoofing Trial: Part 2

    Clifford Histed

    The criminal prosecution of Andre Flotron was ill-fated and suffered from a series of missteps and miscalculations by the government. However, it is now beyond any legitimate dispute that spoofing occurs, that it is illegal, that prosecutors are willing and able to charge spoofing as a criminal violation, and that it is possible to prove those charges in court, say attorneys with K&L Gates LLP.

  • Opinion

    Don’t Revoke The Music Licensing Antitrust Decrees

    Glenn Manishin

    The U.S. Department of Justice's Antitrust Division is reconsidering recommending revisions to — or wholesale elimination of — the consent decrees with ASCAP and BMI. But the antitrust purpose of these decrees remains just as valid today as when they were entered by the federal courts, says attorney Glenn Manishin.

  • Breaking Down The 2nd Criminal Spoofing Trial: Part 1

    Clifford Histed

    The recent acquittal of former UBS trader Andre Flotron in the second spoofing case to go to trial has resulted in comparisons to the spoofing-related conviction of Michael Coscia in 2015. But there are significant differences between the two cases that make such comparisons difficult, say attorneys with K&L Gates LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • An Update On CFIUS Reform

    Judith Alison Lee

    After six months of wrangling over the fate of a proposal to modernize the Committee on Foreign Investment in the United States, the U.S. Congress appears primed to streamline the CFIUS review process. As it currently stands, the proposed legislation would alter the process in many critical respects, say attorneys with Gibson Dunn & Crutcher LLP. 

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.