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Competition

  • June 15, 2018

    Law360’s Pro Say: What BigLaw Should Do About Diversity

    For years law firms have had programs aimed at increasing attorney diversity, but nothing is working. On this week’s Pro Say podcast we take a look at our latest survey of diversity at law firms, and unpack what experts say are the things that could actually move the needle on this issue.

  • June 15, 2018

    JPML Bundles CBOE Index Manipulation Suits In Chicago

    The Judicial Panel on Multidistrict Litigation on Thursday sent several suits alleging an unlawful manipulation of the Chicago Board Options Exchange's volatility index to Chicago federal court, saying the move will ensure efficiency and consistency while litigating the case’s complex issues.

  • June 15, 2018

    3 Telecom Lessons We Can Learn From AT&T-Time Warner

    The U.S. Department of Justice unsuccessfully took AT&T to court over its proposed buy of Time Warner Inc., and U.S. District Judge Richard Leon’s Wednesday opinion wholly approving the merger offers several lessons on the shape of the telecom landscape going forward.

  • June 15, 2018

    Insurer Ordered To Defend Au Pair Agency In Wage-Fixing Suit

    AXA Insurance Co. must defend an au pair placement agency in a class action alleging the company took part in a scheme to set unreasonably low pay rates for program participants, a Colorado federal judge ruled Friday, saying the insurer’s duty was triggered because the underlying suit includes a potentially covered negligent misrepresentation claim.

  • June 15, 2018

    American To Pay $45M To Exit Airline Antitrust MDL

    American Airlines Inc. has agreed to pay $45 million to exit multidistrict litigation accusing the country’s largest commercial airlines of violating the Sherman Act by colluding to limit the number of seats available on domestic flights and jacking up ticket prices, according to a request for preliminary approval of the settlement filed in D.C. federal court Friday.

  • June 15, 2018

    Robins Kaplan, Others Seek $108M In Fees In Auto Parts MDL

    Robins Kaplan LLP, Cotchett Pitre & McCarthy LLP and Susman Godfrey LLP asked Thursday for $108 million in attorneys’ fees from $430 million worth of settlements the firms negotiated for car buyers suing dozens of auto parts makers for fixing prices.

  • June 15, 2018

    NCAA Expert May Get To Rebut Athletes In Pay Cap Case

    A California federal judge Thursday said she may allow the NCAA to put on an expert, after all, to rebut a challenge to an association rule capping compensation for college athletes.

  • June 15, 2018

    Full Fed. Circ. Won’t Rethink Patent Antitrust Row Transfer

    The full Federal Circuit refused Friday to rethink a panel decision transferring an antitrust dispute to the Fifth Circuit, upholding findings of a lack of jurisdiction over alleged fraud on the U.S. Patent and Trademark Office but drawing a sharp rebuke from the Federal Circuit’s longest-serving member.

  • June 15, 2018

    Paint Supplier Accused Of Forming A Monopoly In Calif.

    A San Francisco Bay Area paint distributor hit FinishMaster Inc. with a lawsuit in California federal court Thursday, accusing the automotive and industrial paint finishing supplier of using its market power to tout six-figure customer loyalty discounts that stifled competition.

  • June 15, 2018

    Conspiracy For One, Liability For None In Egg Antitrust MDL

    A Pennsylvania federal jury cleared three egg producers in multidistrict litigation alleging they conspired to fix egg prices, finding that only one of the three participated in an antitrust conspiracy and that there was no liability for that participation because it wasn’t an unreasonable restraint of trade.

  • June 15, 2018

    FTC Adds 3 Years To CoreLogic Data Licensing Conditions

    The Federal Trade Commission has voted to extend its conditions on CoreLogic Inc.'s $661 million deal for private equity-owned rival DataQuick Information Systems Inc. for another three years, saying Friday that the company hadn’t completely complied with the initial deal conditions.

  • June 15, 2018

    EU Regulators Clear Comcast's $31B Bid For Sky

    European Union regulators signed off “unconditionally” Friday on Comcast’s $31 billion bid to purchase Sky PLC, finding no threats to competition in the latest development as Comcast and 21st Century Fox each vie for the British telecom giant.

  • June 15, 2018

    DOJ Won't Seek Stay, AT&T Closes $85B Time Warner Deal

    AT&T Inc. said late Thursday that it has closed its $85.4 billion deal for Time Warner Inc., after the U.S. Department of Justice agreed not to seek a stay of the D.C. district court ruling that rejected the government's merger challenge earlier this week.

  • June 15, 2018

    Construction Co. Makes Divestitures For $3.5B Merger OK

    The Federal Trade Commission said on Thursday that Ireland-based construction company CRH PLC must divest facilities in three states as part of a settlement to allay concerns that its $3.5 billion acquisition of competitor Ash Grove Cement Co. is anti-competitive and violates antitrust law.

  • June 15, 2018

    Tax Data Privacy May Outweigh Possible EU Fines, Atty Says

    The European Union’s proposed requirement for large multinational companies to publicly disclose how much tax they pay around the world would need to come with hefty fines to outweigh the desire to protect sensitive information, a tax practitioner recently said at a tax conference in Miami.

  • June 15, 2018

    Citi To Pay States $100M For Libor Rigging

    A Citigroup Inc. unit has agreed to pay $100 million to 41 U.S. states and the District of Columbia for manipulating its U.S. Dollar London Interbank Offered Rate submissions in order to dodge bad publicity, prosecutors said Friday.

  • June 14, 2018

    Drugmakers Must Face FTC’s AndroGel Antitrust Suit

    A Georgia federal judge largely refused Thursday to let a group of pharmaceutical companies out of a nearly decade-old antitrust multidistrict litigation from the Federal Trade Commission and private parties alleging that they conspired to keep generic competitors for testosterone drug AndroGel off the market.

  • June 14, 2018

    Samsung-Huawei Patent Row Partly Paused On Heels Of SAS

    Part of a dispute between Samsung and Huawei over cellular network patents was put on hold Wednesday by a California federal court, a decision that stems from the U.S. Supreme Court’s recent ruling in SAS Institute.

  • June 14, 2018

    Aggrenox Buyers Slam Insurers' Bid To Opt Health Plans Out

    Indirect buyers of the stroke prevention medicine Aggrenox on Wednesday slammed a request by six insurance companies to opt out hundreds of potential class members from a $54 million settlement agreement over an alleged pay-for-delay scheme, saying the companies have failed to show they are authorized to make such a request.

  • June 14, 2018

    Swaps Exchange Accuses BofA, Goldman Of Illegal Boycott

    An electronic exchange for trading interest rate swaps filed suit on Thursday in New York federal court against an array of large financial institutions, including Bank of America, Goldman Sachs, Citigroup and Morgan Stanley, accusing them of illegally boycotting the exchange to eliminate competition in the interest rate swaps market and boost their own profits.

Expert Analysis

  • Criminal Antitrust Enforcement Has A New Leader

    Tara Reinhart

    For the first time in many years, the deputy assistant attorney general for criminal enforcement at the U.S. Department of Justice Antitrust Division will come from outside the Antitrust Division. The appointment of Richard A. Powers is important because he could stay in the role well beyond this administration, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • ITC’s Amended Section 337 Rules Streamline Investigations

    Jordan Coyle

    Late last month, the U.S. International Trade Commission issued long-awaited final amendments to its Rules of Practice and Procedure pertaining to investigations under Section 337 of the Tariff Act. Jordan Coyle and Diana Szego Fassbender of Orrick Herrington & Sutcliffe LLP analyze the most significant amendments and the circumstances surrounding them, and offer key practice tips.

  • A Proposed Approach For High Court In Vitamin C Case

    Michael Kimberly

    It is safe to expect a narrow ruling from the U.S. Supreme Court in Animal Science v. Hebei, instructing lower courts not to give conclusive deference to foreign sovereigns’ legal submissions. But it would be more sensible to instruct U.S. courts to assess whether these submissions are entitled to any deference in their country of origin and, if so, to give them that deference, say Michael Kimberly and Matthew Waring of Mayer Brown LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • The Future Of Antitrust Claims At The ITC

    Matthew Rizzolo

    In March, the U.S. International Trade Commission's dismissal of U.S. Steel’s complaint caused some to question whether there remained a viable path for antitrust-based claims at the ITC. But the initiation of an antitrust-based Section 337 investigation just days later shows that the door for antitrust claims at the ITC has not closed, say attorneys with Ropes & Gray LLP.

  • Breaking Down The New Antitrust Investigation Into Colleges

    Amy Gallegos

    Letters issued to certain elite colleges and universities indicate that the U.S. Department of Justice is investigating early-decision programs. The antitrust theories raised on this issue in the early 2000s were fatally flawed, but they warrant a look because they may be behind the government’s investigation, say attorneys with Jenner & Block LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.