The growing discontent between Anthem and Cigna hit a boiling point this week, with the health insurance giants trading shots in Delaware Chancery Court after Cigna attempted to end their $54 billion deal following the Justice Department's successful bid to block the combination, despite Anthem's ongoing appeal. Here, Law360 breaks down the litigation and the events leading up to it.
Honeywell International Inc. urged a Pennsylvania federal judge on Tuesday to sanction a rival security products distributor in a price discrimination and breach of contract suit, saying the distributor misrepresented its president's health to delay litigation and he was recently spotted socializing at several area cigar bars.
Public interest legal groups on Wednesday sued the Trump administration, alleging a January executive order mandating that executive agencies eliminate two regulations for every new one is “irrational” and puts public safety at risk by not considering any beneficial effects of new rules.
The Second Circuit on Wednesday revived a proposed class action by purchasers of diabetes drug Actos accusing Takeda of delaying generic competition for the drug, saying they could pursue allegations that Takeda delayed Teva’s market entry but not that of other generics makers.
Two subsidiaries of Hitachi Ltd. dodged claims in antitrust multidistrict litigation over cathode ray tubes when a California federal judge on Tuesday granted their motion for summary judgment, while Hitachi Electronic Devices will remain facing claims.
Federal prosecutors on Tuesday asked for a lighter sentence for a former Rabobank trader who admitted to taking part in a scheme to fix Libor rates, saying the witness saved the government extradition expenses and bolstered its case against other traders.
A California irrigation district on Monday urged a New York federal judge to certify a proposed class action accusing Barclays PLC of manipulating western U.S. electricity prices, saying it's identified scores of potential plaintiffs harmed by the banking giant's anti-competitive activity.
Japanese auto parts maker Maruyasu Industries Co. Ltd. asked the Sixth Circuit to vacate an Ohio federal court decision that found the company can be tried in the U.S. for criminal charges by the U.S. Department of Justice relating to bid-rigging in the market for auto parts.
A California state appellate court has rejected NuScience Corp.'s bid to revive the company's suit against an opposing lawyer in a trade secrets battle, affirming a lower court ruling that the nutritional supplement developer didn’t prove the attorney acted with malice when he said he intended to "destroy" the company.
Washington, D.C., utility regulators botched their approval of Exelon Corp.'s $6.8 billion acquisition of Pepco Holdings Inc. by inexplicably backtracking on an initial rejection of the deal and bypassing previously negotiated ratepayer protections without giving the public a proper say, consumer advocates told the district's highest court Monday.
A unit of Shire PLC was hit with a suit Tuesday by the Federal Trade Commission accusing the company of clogging the approval pipeline for a generic version of its gastrointestinal infection treatment with a record number of filings that delayed approval by two years.
Deutsche Boerse AG and the London Stock Exchange Group PLC on Tuesday said that they would put forth LSE’s €510 million ($545.8 million) January sale of its French securities clearing business as a formal remedy to the European Commission’s antitrust concerns over the exchange operators’ proposed merger.
Japanese auto parts maker Hitachi Automotive Systems Ltd. should pay the U.S. a criminal fine of $55.48 million for manipulating the market for shock absorbers, the U.S. Department of Justice told an Ohio federal judge.
Six former Deutsche Bank AG and Barclays PLC bankers on Tuesday pled not guilty in a London criminal court to rigging a key European interest rate benchmark, ahead of a trial scheduled for September.
A California federal jury on Monday found a real estate investor guilty of rigging bids in public foreclosure auctions in a San Francisco-area county, nabbing another conviction for the government in a series of indictments over alleged conspiracies to decide in advance who would win the deals.
Alere Inc. accused prospective merger partner Abbott Laboratories Inc. of making unjustified demands for reports on Alere business developments “as they happen," and asked Delaware’s Chancery Court late Friday to deny an Abbott bid for court intervention on the disclosures.
The Republican-led Federal Communications Commission requested Friday that the D.C. Circuit hold off on an AT&T challenge to an FCC finding last year that certain business data services tariff provisions were unlawful, saying new leadership needs time to consider the issue.
Although the exact role of the U.K. Competition and Market Authority remains unclear post-Brexit, the regulator plans to continue to enforce and defend U.K. antitrust laws as the process unfolds, the acting CMA chief executive said during a speech in Miami on Saturday.
Homeowners accusing Rollins Inc. exterminator unit HomeTeam of antitrust violations over a built-in pest management control system lost a bid for class certification on Friday when a California federal judge said they failed to accommodate the differences between the company’s markets across the country.
The U.S. has asked the First Circuit to not allow a new trial for a shipping company executive sentenced to five years for his role in a Puerto Rico price-fixing scheme, saying government prosecutors did not withhold evidence in the case as he claims.
Syringe maker Retractable Technologies Inc. has urged the U.S. Supreme Court to review the reversal of a $340 million award for antitrust and false advertising claims against rival Becton Dickinson & Co., saying false commercial speech is anti-competitive.
The U.S. Securities and Exchange Commission’s settlements with 10 investment advisory firms relating to violations of the SEC’s pay-to-play rule may be a preview of things to come. Although none of the 10 cases announced Tuesday involved a major penalty, the real economic cost of the violations is likely to be much higher, say attorneys with Allen & Overy LLP.
Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.
While 2016 marked one of the least productive years in the history of Congress, the same cannot be said of health care enforcement and regulatory agencies. Perhaps motivated by the impending change in administration, these agencies promulgated a number of notable regulations in 2016, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.
Many lawmakers and academics have pushed to detreble antitrust damages in particular circumstances but have had limited success so far. Courts should step in by enforcing the Fifth Amendment’s due process clause to refuse to treble damages when a defendant lacked anti-competitive intent, say attorneys with Gibson Dunn & Crutcher LLP.
Laws against bribery and corruption, like the U.S. Foreign Corrupt Practices Act and U.K. Bribery Act, are growing increasingly tough, often applying in surprisingly broad circumstances. The laws' principles continue to be tested in court, but for now, insurers writing risks in foreign jurisdictions should adopt a proactive stance in vetting the practices of their local subsidiaries and insureds, say Deepa Sutherland and Hernán Cip... (continued)
After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.
In 2016, courts around the country heard cases involving a variety of False Claims Act and other enforcement-related matters. Going forward these case law developments are expected to have an impact on both the scope of FCA liability and the means by which FCA liability can be proven at trial, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.
Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.
When acquiring and investing in companies, it is critical to evaluate and mitigate the risk of both previous and future violations of the Foreign Corrupt Practices Act. Mark Mendelsohn and Peter Jaffe of Paul Weiss Rifkind Wharton & Garrison LLP discuss unique challenges for investors and essential considerations for mergers and acquisitions.
With the arrival of the Trump administration and the domestic and foreign policy shifts that may ensue, few eyes have looked at what changes may lie ahead with regard to Hart-Scott-Rodino antitrust premerger notification law and policy. Yet there are two reasons to believe that significant changes may be in store, says Jack Sidorov of Lowenstein Sandler LLP.