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.
A Ninth Circuit panel was right to find that Seattle’s law letting for-hire drivers, like those from Uber, form quasi-unions is vulnerable to an antitrust challenge, the U.S. Chamber of Commerce said Friday in a brief urging the full court not to rethink a ruling reviving parts of the business group’s suit.
German gas giant Linde AG announced that the Federal Trade Commission wants the company to sell off additional assets to clear a planned $70 billion merger with Praxair Inc., less than a month after it said it would divest $3.3 billion in North and South American business interests to earn regulators' blessing.
Jeff White of Weil Gotshal & Manges LLP has helped companies including Walgreens Boots Alliance navigate complicated merger reviews to find solutions that get multibillion-dollar deals through, earning him a spot among five competition attorneys under 40 honored by Law360 as Rising Stars.
On the eve of trial in Arista Networks Inc.'s antitrust suit against Cisco Systems Inc. in California federal court on Monday, the parties settled multiple disputes in a deal that sees Arista paying $400 million and Cisco dropping patent infringement allegations.
CVS Pharmacy Inc. launched an antitrust suit in New Jersey federal court Friday accusing Pfizer Inc. of fraudulently obtaining a patent and conspiring with Ranbaxy Laboratories Ltd. to delay generic competition to the cholesterol drug Lipitor, saying the alleged scheme cost the pharmacy giant hundreds of millions of dollars.
Three London-based foreign currency exchange traders urged a Manhattan federal judge to block prosecutors from bringing up a group of large banks’ guilty pleas to manipulating the forex market, or any accusations of “spoofing” from their upcoming trial.
The Federal Trade Commission is exceeding its authority by trying to preemptively block Shire ViroPharma Inc. from petitioning the U.S. Food and Drug Administration to delay generic competition based on theoretical concerns it may do so, the drugmaker told the Third Circuit in a newly filed brief.
The number of proposed antitrust class actions from local law firms accusing Sinclair Broadcast Group Inc. and Tribune Media Co. of conspiring to artificially inflate prices for local television advertising continues to grow, including at least one lawsuit roping in other major local television station owners like Hearst Corp.
A California federal judge appeared open Friday to certifying a class of passengers who accuse All Nippon Airways Co. Ltd. of fixing the price of long-haul flights to Pacific destinations, saying during a hearing that while the airline is trying to "slice and dice" class claims before trial, there seems to be enough evidence to show a plausible basis for awarding damages classwide.
The Judicial Panel on Multidistrict Litigation on Thursday consolidated three cases by employees of rail equipment suppliers Knorr-Bremse and Wabtec accusing the companies of striking deals not to poach each other's workers, saying it will save on time and costs.
The Federal Communications Commission has dismissed TV network beIN Sport's complaint alleging Comcast unfairly advantages its own sports channels by shutting belN out of markets and keeping it off less expensive television packages, finding the upstart network was too vague on the types of programming it wanted the broadcasting giant to distribute.
A team of 10 former Quinn Emanuel Urquhart & Sullivan LLP partners said late Thursday that the firm’s effort to compel the remittance of legal fees earned at their new venture, Selendy & Gay PLLC, should be rejected, calling the partnership agreement clause the global litigation powerhouse wants to enforce through arbitration as being invalid on its face.
Jones Day’s Michael Gleason helped earn a rare decision against a Federal Trade Commission bid to block a hospital merger, and also represented Parker Hannifin as it navigated an antitrust challenge to its $4.3 billion acquisition of a competitor, earning him a spot as an attorney under 40 honored as one of Law360’s competition Rising Stars.
Attorneys for a group of car dealers have asked a Michigan federal court for $33 million in fees for their work in the third round of class action settlements in multidistrict litigation for bid-rigging and price-fixing of car parts by 23 different auto parts makers.
Bayer AG, Dow Chemical Co. and a handful of other manufacturers were hit with another proposed antitrust class action alleging they conspired to limit production of a pair of chemicals used to make polyurethane, according to a suit in New York federal court.
A Manhattan federal judge on Wednesday granted final approval for two settlements worth a combined $250 million that will see Citigroup Inc. and Barclays Bank PLC exit a massive, seven-year multidistrict litigation from investors who accused multiple banks of conspiring to rig the London Interbank Offered Rate.
The Florida Bar and a traffic ticket law firm asked a federal court to end ticket services startup TIKD's multimillion-dollar antitrust suit against them Wednesday, saying they acted separately and properly in seeking review of the legality of TIKD's practices.
The United Kingdom unveiled plans Thursday to review competition rules for the country's £116 billion ($151 billion) digital sector, hiring an economics expert who served under former U.S. President Barack Obama to examine a host of issues, ranging from how to deal with mergers between tech companies to the antitrust implications of data concentration.
The European Commission on Wednesday opened an investigation into a proposed merger of two German rolled copper manufacturers, based on competition concerns, the second such tie-up to get an in-depth look in the last two weeks.
The Federal Communications Commission on Thursday voted to approve framework for a program that lets established radio broadcasters obtain a break on media ownership rules in exchange for shepherding a new or struggling station, over objections that such a program doesn't go far enough to address barriers to minority ownership.
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.
With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.
Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.
Corporate law departments are increasingly demanding more concessions from outside legal counsel, and presenting engagement letters that open the door to greater professional and cyber liability exposure for law firms — often beyond the scope of their insurance coverage. Firms must add their own language to engagement letters to limit liability, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.
Being a former member of Congress put me in an advantageous position when I approached law firms in the late '70s, at a time when there were few female lawyers, and even fewer African-American lawyers, in major law firms, says former Rep. Yvonne B. Burke, D-Calif., a director of Amtrak.
Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.
The U.S. Supreme Court's holding in Animal Science v. Hebei that a U.S. court is not bound by a foreign government's interpretation of its own laws is likely to have a lasting impact on legal decision-makers across the globe as they make determinations about deference to foreign laws, including U.S. laws, say attorneys at Alston & Bird LLP.
I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.
Modern information technology, intelligent algorithms and production robots are strongly influencing the working world in the 21st century. This article, by attorneys at CMS Francis Lefebvre, provides an overview of the future labor market as well as the impact of artificial intelligence on labor law and tax issues.
Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.
It has been widely reported that lawyers representing Colin Kaepernick in collective bargaining arbitration proceedings with the NFL may ask the arbitrator to compel President Donald Trump to appear for deposition. The case presents interesting issues about the power of an arbitrator to compel testimony of a nonparty, say attorneys with White and Williams LLP.