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.
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.
A slew of law professors and interest groups, as well as the Federal Communications Commission, largely supported the government’s case Monday in filings with the D.C. Circuit as the U.S. Department of Justice appeals its loss in the AT&T-Time Warner merger challenge.
The California federal judge who will try claims the NCAA illegally prevents athletes from being paid beyond their scholarships said Monday she will admit evidence from the landmark O'Bannon case, overriding multiple objections from both the sports body and the students.
A D.C. Circuit panel on Tuesday grounded a challenge from low-cost Mexican airline Interjet that contested a U.S. Department of Transportation allocation of lucrative Mexico City airport takeoff and landing slots, concluding that the DOT didn't improperly try to make decisions that were up to the Mexican government, as Interjet had claimed.
One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability.
Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo.
In opposition to Bayer AG’s planned $62 billion acquisition of Monsanto Co., the attorneys general of California, Iowa, Massachusetts, Mississippi and Oregon sent a comment letter to the U.S. Department of Justice, arguing that the deal would concentrate an already narrow seed market and threaten innovation.
A California federal court was asked Monday to approve a $40 million settlement to resolve putative claims for tens of thousands of dairy farms alleging that cooperative DairyAmerica Inc. and affiliate California Dairies conspired to boost profits by lowballing milk prices paid to farmers.
The Federal Trade Commission exceeded its authority in bringing a lawsuit that alleges a Shire PLC unit abused the U.S. Food and Drug Administration’s citizen petition process to delay generic competition for its antibiotic Vancocin and is overstating potential consequences of the lower court’s dismissal, the Washington Legal Foundation has told the Third Circuit.
The Thales Group said that it has extended the acceptance period for its planned $5 billion purchase of Gemalto NV, as competition authorities in several jurisdictions give the tie-up a close look over concerns about hardware components used for data encryption.
President Donald Trump signed the National Defense Authorization Act for 2019 into law on Monday, approving the federal defense budget and policy priorities for the upcoming year as well as the attached plan to overhaul the Committee on Foreign Investment in the United States.
A health care group told the U.S. Supreme Court it was improperly barred by the Federal Circuit from challenging a patent for an HIV drug because it had not filed an Abbreviated New Drug Application for a generic version of the drug, according to a petition for certiorari related to its request for declaratory judgment ruling the patents are invalid.
A former college basketball player suing the NCAA for killing his career with its “year in residence” rule after he was allegedly forced off Northwestern University’s team has dropped his suit, a move that comes roughly a month after the Seventh Circuit upheld that rule in another case.
The competition enforcer for the Philippines said Friday that it has reached an agreement with Grab Inc. that will preserve competition for ride-hailing services in the country after Grab took over Uber Technologies Inc.’s Southeast Asia operations earlier this year.
Hitachi Automotive Systems Ltd. and Mitsubishi Electric Corporation have agreed to pay more than $23 million combined to settle allegations in Michigan federal court that they participated in a wide-ranging global conspiracy to fix prices on automotive parts.
The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry.
In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word.
Charles Schwab Corp. on Thursday defended its revived and amended claims against a slew of the world’s largest banks over their alleged manipulation of the London Interbank Offered Rate, telling a New York federal judge that it’s tightened up its complaint enough for the case 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.
A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.
In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.
With the imminent possibility of widespread legalized gambling following the U.S. Supreme Court's decision in Murphy, the NCAA’s mission to protect the “amateur” athlete is exponentially harder, say Elizabeth McCurrach and Ronald Gaither of BakerHostetler.
Regulators are taking new and aggressive steps to address the purported use of "no poach" agreements that allegedly violate antitrust law. Apart from ensuring that current practices comply with state and federal laws, companies should make sure that their insurance policies can help mitigate risk from prior practices, say Jeff Kiburtz and Heather Habes of Covington & Burling LLP.
The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.
While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.
Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.
People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.
An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.
There are a number of ongoing antitrust cases involving health insurance networks that may be susceptible to the type of two-sided market analysis described by the U.S. Supreme Court last month in Ohio v. American Express, say David Garcia and Nadezhda Nikonova of Sheppard Mullin Richter & Hampton LLP.