It’s been a little over five years since the U.S. Supreme Court issued its landmark Actavis decision that found payments made by brand-name drugmakers to generics makers in patent settlements can raise antitrust concerns. But uncertainty over which pay-for-delay deals actually are illegal continues and recent lower court rulings have cut both ways. Here, Law360 looks at some of those recent rulings and where pay-for-delay litigation stands.
An Illinois federal judge on Thursday appointed Kimberly A. Justice of Kessler Topaz Meltzer & Check LLP and Jonathan C. Bunge of Quinn Emanuel Urquhart & Sullivan LLP as lead co-counsel in multidistrict litigation over alleged Chicago Board Options Exchange’s volatility index manipulation.
No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.
Traffic ticket services start-up TIKD punched back Thursday at bids by the Florida Bar and the state's leading traffic ticket law firm for a quick exit from its multimillion-dollar antitrust suit, pointing to what the company says is ample evidence of their anti-competitive acts against its business.
An Illinois federal judge Thursday nixed a Chicago pharmacy's antitrust suit alleging a pharmacy benefits manager joined with Walgreen Co. to lock it out of Medicaid and Medicare payments, saying the pharmacy failed to show how the partnership imposed a restraint on trade.
Indirect purchasers who allege a slew of battery makers engaged in price-fixing lithium ion batteries told a California federal court on Wednesday that Samsung SDI Co. Ltd., NEC Tokin Corp. and Toshiba Corp. have agreed to settle their multidistrict litigation claims for a total of $43.5 million.
Consumers accusing Sabre Holdings Corp. of colluding with other airline ticket distribution giants to drive up fares told a New York federal judge on Wednesday that they should not be sanctioned because they didn't know class certification would be unnecessary until the company filed its opposition.
Panasonic Corp. and Sanyo Electric Co. have asked a California federal court to let them out of indirect purchasers' claims in multidistrict litigation over alleged lithium ion battery price-fixing, arguing that the consumers had provided no evidence that they paid unfairly spiked prices for batteries sold by the companies.
Geico asked a Michigan federal court Tuesday to hold off on granting final approval to $430 million in settlements in a price-fixing case against auto parts makers while the court mulls whether the insurer can opt out of the deal before it’s finalized.
In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.
The Ninth Circuit affirmed Wednesday a lower court decision tossing a $600 million antitrust suit against Mitsubishi Corp. related to its joint ownership of a Mexican government-owned salt company, agreeing that U.S. courts can’t interfere in matters involving government acts within that government's own borders.
New England grocery store operators told a Minnesota federal court Wednesday they plan to appeal a July loss in multidistrict litigation accusing Supervalu Inc. of agreeing to not compete for customers with C&S Wholesale Grocers Inc. in the wholesale supply of groceries.
A California federal judge on Tuesday refused to resume Global Music Rights LLC's suit alleging that industry group Radio Music License Committee Inc. is operating an "illegal cartel," telling the performance rights organization it should litigate in Pennsylvania, where it was sued first.
An Illinois federal judge said Tuesday he will not require software company CDK Global LLC to turn over all 1.6 million documents it produced as part of a Federal Trade Commission investigation as the company fights claims it monopolized the car dealership data market in multidistrict litigation.
A Tennessee federal judge on Tuesday denied the Nashville city government's bid to toss a suit alleging its police department anti-competitively squeezes out private security firms by undercutting prices and requiring private events to hire officers, rejecting the municipality's arguments that it's immune from antitrust claims.
Hausfeld LLP and Susman Godfrey LLP will decide how to dole out a nearly $60 million award for attorneys' fees and expenses approved by a New York federal judge Tuesday from $250 million in multidistrict litigation settlements between Citigroup, Barclays and investors suing over rigging of the London Interbank Offered Rate.
The Federal Communications Commission has recently indicated it would be willing to drop its in-house review of Sinclair Broadcast Group Inc.'s $3.9 billion acquisition of Tribune Media Co. now that Tribune has called off the deal in response to regulatory pressure.
New rules requiring retail banks to disclose more information that took effect on Wednesday will allow customers to compare providers’ accounts and help accelerate the spread of financial technology as lenders compete to offer the easiest access, industry experts said.
This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results.
A newly signed law overhauling the Committee on Foreign Investment in the United States has sparked concern in China, but concerns that the country would face tougher reviews than it has in the past are likely unfounded.
A D.C. district judge on Tuesday appointed former U.S. Attorney General and district court chief judge Michael B. Mukasey to serve as the monitoring trustee for the U.S. Department of Justice agreement that allowed Bayer AG's planned $62 billion purchase of Monsanto Co. to proceed.
The Serious Fraud Office has landed another mixed result in its prosecution of several former Barclays and Deutsche Bank traders for manipulating Euribor, the latest in the white collar specialist's latest effort to hold individuals accountable for rigging key benchmark interest rates. Here, Law360 looks at the highlights of the SFO's long-running campaign.
A D.C. federal judge has rejected the U.S. Department of Justice’s arguments that AT&T’s planned purchase of Time Warner would hurt competition and drive up consumer costs, dealing a major blow to the government’s first court challenge of a vertical merger in decades. Here, Law360 looks at how we got here, the key issues and highlights of the case.
The latest ABA annual antitrust law spring meeting ran the gamut from the government's tough new take on no-poaching pacts to hurdles innovation can cause in merger reviews— plus wide-ranging comments from the DOJ's new antitrust chief. Here's a look at Law360's coverage of three days of debates, tips and quips.
It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.
As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.
The Second Circuit's recent ruling in Anderson News v. American Media clarifies the application of summary judgment standards in antitrust conspiracy cases, including with respect to how record and expert evidence is analyzed, say George Gordon and Thomas Miller of Dechert LLP.
Justice Ruth Bader Ginsburg is everything she is cracked up to be — feminist icon, brilliant jurist, fierce dissenter. She is also an incredible boss, mentor and friend. Her advice has shaped how I have tried to balance building a career and raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.
Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.
One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.
As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.
U.S. District Judge Manish Shah of the Northern District of Illinois recently said he will consider lead firms’ willingness to put young and diverse attorneys in positions to take substantive roles in the multidistrict litigation he is overseeing. This is an improper use of judicial power, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.
I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.
President Donald Trump's announcement of his next U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh, had the trappings of reality TV. But left unmentioned were Kavanaugh’s troubling opinions on workplace safety standards, age discrimination and class action plaintiffs, says Daniel Karon of Karon LLC.