More than four years after the U.S. Supreme Court's landmark pay-for-delay ruling, litigation over the pharmaceutical patent settlements continues to steam ahead, but Federal Trade Commission Chairman Maureen Ohlhausen indicated the antitrust enforcer's crackdown might have at last turned the corner as the number of potentially problematic deals dropped. Here's a cheat sheet of major pay-for-delay suits to watch in 2018.
Generic-drug makers Lupin Ltd. and Sandoz Inc. settled with Walgreen Co., CVS Pharmacy Inc., Rite Aid Corp. and other retailers over allegations in Massachusetts federal court that the manufacturers had accepted payments from Medicis Pharmaceutical Corp. to stay out of the market for acne medication Solodyn.
Texas-based money transfer company MoneyGram International Inc. and China-based Ant Financial Services Group announced Tuesday that they have called off a proposed merger because they were unable to get the required approval from the Committee on Foreign Investment in the United States.
Aetna Inc. has asked a Pennsylvania court to toss a shareholder suit claiming the company misled investors about its reasons for leaving Affordable Care Act insurance exchanges last year, arguing an independent special committee found Aetna’s executives used proper business judgment in exiting the exchanges.
A California federal judge refused to let a pair of Korean ramen noodle companies rely on statutes of limitations to dodge a price-fixing class action against them, ruling that evidence destruction means that the Sherman Act claims in the suit weren’t time-barred.
Southwest Airlines has reached a $15 million settlement in a multidistrict litigation in which Southwest and three other major U.S. airlines are accused of conspiring to limit domestic flight capacity and inflate fares, a group of travelers who sued the airlines told a D.C. federal judge on Friday.
Several drywall manufacturers have agreed to pay a class of direct purchasers an additional $125 million to settle price-fixing claims in multidistrict litigation being overseen by a Pennsylvania federal court, class counsel said Tuesday.
A Massachusetts federal judge has tossed antitrust claims against Uber Technologies Inc. in suits brought by more than 700 licensed Boston taxicab medallion holders who accuse the ride-hailing service of violating city taxi rules, but he kept intact unlawful competition claims and claims alleging Uber helped its drivers circumvent the rules.
Capital One Financial Corp. has given notice that it will ask the Federal Circuit to revive counterclaims nixed in Maryland federal court in late November that accused Intellectual Ventures I LLC of monopolizing the banking technology market with a vast patent portfolio and infringement accusations.
A former UBS AG trader began a court battle Tuesday to overturn the Financial Conduct Authority’s decision to ban him from the industry after the Libor scandal, arguing that he was following orders from his superiors when he sent his preferred figures for the key benchmark rate to the bank's submitters for the key benchmark rate.
With promises from the current administration to roll back a trove of Obama-era regulations, eviscerate current banking rules and crack down on foreign investments in the United States, the regulatory landscape for deal-makers is in a near-constant state of upheaval.
London's enormous financial services sector is no stranger to regulation, but January 2018 poses a test rivaling any period in history as a swath of new rulebooks enter into force within days of each other, which lawyers say promise to redraw the landscape.
The life sciences world is booming with questions over the future of patent challenges, whether opioid makers can survive a litany of deceptive marketing suits, and whether Allergan PLC’s bold move to sell some of its patents to a Native American tribe will pay off. Here's which cases life sciences attorneys should have their eyes on in 2018.
The year ahead could finally be the year of maturity for London's nascent fintech sector, lawyers say, as a deluge of regulation designed to open competition between the upstarts and the traditional financiers promises to put both on a more level playing field. Here, experts look at the four biggest challenges facing fintech firms in 2018.
From possible revisions to China's 10-year-old antitrust rulebook to continuing questions about how Brexit will affect the enforcement landscape in Europe, 2018 promises to be a busy year for competition law around the world. Here, Law360 looks at a few key changes to watch.
Despite predictions that the government would take a less aggressive stance on merger enforcement under the Trump administration, both antitrust agencies are heading into 2018 with blockbuster challenges lined up in the federal courts. Here, Law360 looks at merger reviews and challenges to watch in the year ahead.
The Third Circuit issued a published decision on Friday finding that a class action antitrust settlement GlaxoSmithKline inked over alleged efforts to stymie generic competition for Flonase nasal spray did not bar the state of Louisiana from pursuing its own claims over the drug.
The Fifth Circuit on Thursday upheld a Texas federal judge's ruling overriding an arbitration agreement in an antitrust suit in which a dental supply manufacturer accused six others of pushing it out of the market, saying the underlying contract had nothing to do with the dispute before the court.
A New York federal judge Thursday dismissed a lawsuit alleging President Donald Trump has a conflict of interest through his hospitality holdings that’s resulted in influence-peddling in violation of the U.S. Constitution's emoluments clause, saying a nonprofit ethics group and hospitality representatives lacked standing to sue.
A D.C. federal judge on Thursday gave a preemptive warning to lawyers in a lawsuit over the proposed merger of AT&T and Time Warner, telling attorneys to confine their arguments to the court room and avoid talking to the press about the case.
A Pennsylvania federal judge Thursday denied a group of over 600 Marcellus Shale landowners’ bid for class arbitration in their fight with Chesapeake Energy Corp., Anadarko Energy and other drillers over shale gas royalty payments, and instead booted the bulk of the cases into individual arbitration.
While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.
There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.
The Foreign Investment Risk Review Modernization Act of 2017 introduced last week is intended to strengthen the Committee on Foreign Investment in the United States and address the committee's perceived inadequacies. If enacted, this legislation would reflect the most significant changes to CFIUS in the last decade, say attorneys with Kirkland & Ellis LLP.
Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.
There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.
Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.
Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.
As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.
Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.
The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.