In the four years since the U.S. Supreme Court's monumental decision in Federal Trade Commission v. Actavis, pay-for-delay lawsuits have been on the cutting edge of antitrust law, but attorneys who work in the area say there are signs that the litigation is waning as pharmaceutical companies turn away from reverse payment settlements and drug buyers mull over adverse rulings.
A Pennsylvania federal jury on Wednesday heard opening arguments in a closely watched pay-for-delay suit accusing drugmaker Ranbaxy of violating antitrust laws by accepting a settlement with rival Cephalon that improperly delayed generic forms of the narcolepsy medication Provigil from the market.
Latham & Watkins LLP has nabbed two partners from Kirkland & Ellis LLP who have represented Deutsche Bank AG in antitrust litigation, including one attorney whose past clients also include Lehman Brothers Holdings Inc. and drug companies like Teva Pharmaceuticals.
Visa and MasterCard have been hit with another round of competition claims in the U.K. from a group of London restaurateurs and private clubs, the Bourne Leisure travel group, and discount retailer Poundland, amid a bevy of claims over the credit card giants' interchange fees.
A Nevada federal magistrate judge overseeing an antitrust lawsuit by mixed martial arts fighters against the UFC told MMA promoter and UFC rival Bellator Sport Worldwide LLC on Tuesday to respond to subpoenas by the parties, but limited the scope of their requests to fighter contracts and financial information.
European Union antitrust regulators on Wednesday opened three separate investigations against Nike, Sanrio and Universal Studios and their subsidiaries over whether their intellectual property licensing practices illegally restricted cross-border deals.
Apple Inc. urged a California judge Tuesday not to adopt his tentative ruling sanctioning the tech giant $4,245 in a suit alleging it got a contractor fired for documenting its anti-competitive alloy practices, arguing confidential settlement documents between the contractor and his former employer are relevant to its case.
A budget hotel operator can’t sue the Royal Bank of Scotland for alleged rate-rigging because it never mentioned those fraud claims during a since-concluded bankruptcy case, the Second Circuit affirmed on Tuesday, essentially laying down a "list it or lose it" ultimatum for post-petition claims.
A trade association of United Kingdom truckers on Tuesday said that transportation and logistics firms can join its group action against truck producers who were slapped in July with a record €2.93 billion ($3.23 billion) fine by the European Commission for participating in a price-fixing cartel.
Three British former foreign currency traders at Barclays, RBS and other top banks have agreed to waive extradition and face U.S. charges that they worked together to manipulate daily benchmarks.
Quinn Emanuel Urquhart & Sullivan LLP and Bernstein Liebhard LLP told a New York federal court Monday that communications with parties in a foreign exchange antitrust class action are privileged, hitting back at a bid to compel the information.
South Africa’s Competition Commission has launched an investigation into Roche, Pfizer and Aspen over suspicions that the pharmaceutical companies have set prices for cancer drugs at excessive levels and in some cases have engaged in patent abuse, the watchdog said Tuesday.
The U.K. antitrust regulator on Tuesday said Heineken’s private equity-backed £305 million ($388.3 million) acquisition of 1,900 U.K. pubs is likely to hinder competition, giving the brewer about a week to come up with an acceptable fix.
Britain risks leaving the European Union without a deal in place by a March 2019 deadline if its government further delays the start of negotiations, the EU's chief Brexit negotiator warned on Tuesday.
Justice Ruth Bader Ginsburg discusses what it means to have three women on the court, the aftermath of hostile Senate confirmation fights, and why justices sometimes do the unexpected, in the first of two articles based on an exclusive interview with the feminist icon.
HannStar has asked the U.S. Supreme Court to review a Ninth Circuit decision in a suit by Sony to enforce a $4.1 million settlement over alleged price fixing of liquid crystal displays, saying the appeals court got wrong a question of privilege that every law student should know.
Deutsche Bank AG has agreed to a $170 million settlement with investors accusing big banks of conspiring to rig Euribor in a deal that would bring proposed relief to more than $300 million, according to documents filed in New York federal court on Monday.
A defunct used-car dealership has lodged a complaint against Cox Automotive Inc. and its affiliates in Florida federal court, accusing the companies of monopolizing the used-car industry by colluding with major manufacturer dealerships and auctioning the cars off at fixed prices.
A Wisconsin TV station has told Federal Communications Commission Chairman Ajit Pai that it’s time for the FCC to relax certain media ownership rules that no longer make sense, saying the move would help the newsroom better serve the public.
A Florida health care system on Monday asked the Eleventh Circuit to overturn a federal court's decision that it is not entitled to insurance coverage for four suits alleging anti-competitive practices, arguing the lower court applied incorrect standards in concluding that the suits are related to prior litigation and therefore not covered.
General Electric Co. and Texas-based Baker Hughes Inc. said Monday that they’ve reached an agreement with the U.S. Department of Justice allowing them to proceed with a planned merger that’s set to create an oil field services company with $32 billion in combined revenue.
In the latest installment of his column on the Judicial Panel on Multidistrict Litigation, Alan Rothman of Arnold & Porter Kaye Scholer LLP takes a closer look at how the panel decides to exclude a potentially related action from a new MDL proceeding, and at how the panel deals with forum selection clauses in contracts between parties in multidistrict claims.
Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.
Anthem's decision to call off its proposed acquisition of Cigna — effectively mooting its appeal to the U.S. Supreme Court — leaves unanswered several important questions regarding the appropriate treatment of efficiencies in a merger challenge, say attorneys with Crowell & Moring LLP.
Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.
There are two approaches to Chinese law regarding failure to declare concentration — one is that businesses will no longer face anti-monopoly risk after two years, and the other is that they could still face risk after two years. As seen in the recent Cummins case, China's Ministry of Commerce clearly prefers the latter, say attorneys with Tian Yuan Law Firm.
Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.
U.S.-based companies distributing their products online or setting up e-retail platforms in the EU must pay particular attention to how they select online distribution partners, as well as what type of sales restrictions they impose or agree to, if they want to avoid legal trouble, says Enzo Marasà of Portolano Cavallo.
Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.
U.S.-based manufacturers and retailers who want to sell in the EU face legal challenges in selecting and controlling their distribution networks, particularly with regard to online sales. All stakeholders must understand the restrictions imposed by Article 101 of the Treaty on the Functioning of the European Union, which prohibits anti-competitive agreements, says Enzo Marasà of Portolano Cavallo.
Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.