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Competition
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March 06, 2024
Meta Must Face Ill. Media Co.'s Deceptive Ads Suit
An Illinois federal judge refused to let Meta duck, or force into arbitration, a local media company's proposed class action accusing the Facebook successor of competing unfairly by luring away advertisers with inflated user numbers, deeming the allegations plausible and outside of what was agreed to be arbitrated.
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March 06, 2024
Epic's Clash With Apple Over App Store Keeps Simmering
Epic Games said Wednesday that Apple is flouting new European rules by terminating its developer account and blocking it from launching its own iOS app store, but Apple said it made the move because of Epic's "hotfix" that sparked litigation in the U.S. several years ago.
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March 06, 2024
'Larger' Airlines Didn't Help Flyers, DOJ Tells 1st Circ.
The U.S. Department of Justice has assailed American Airlines for pressing its appeal over its since-nixed Northeast Alliance with JetBlue, telling the First Circuit that just because the deal made the airlines "larger" doesn't mean it helped consumers as the airline claims or that a district court gave potential benefits short shrift.
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March 06, 2024
Ex-Google Software Engineer Stole AI Secrets, Feds Say
A former Google software engineer was arrested Wednesday on accusations he illegally downloaded alleged trade secrets involving machine learning and taking them to startups he was involved with in China, according to the U.S. Department of Justice.
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March 06, 2024
J&J Seeks Exit From Suit Over Stelara Exclusivity
Johnson & Johnson told a Virginia federal court Tuesday it shouldn't have to face a proposed class action claiming it has been trying to stifle competition in the market for the immunosuppressive drug Stelara, saying there was no "scheme" to enforce its patents as the suit alleges.
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March 06, 2024
DOJ Says Another Korean Co., Officer Behind Bid-Rig Scheme
A second South Korean company and its CEO allegedly defrauded the Pentagon in a scheme to rig bids and fix prices for subcontract work on U.S. military installations in South Korea, the U.S. Department of Justice announced Wednesday.
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March 06, 2024
Industry Groups Fight Expanding Digital Discrimination Rules
Three broadband industry groups want the Federal Communications Commission to pump the brakes on its plans for new digital discrimination oversight requirements, at least until the agency has seen how its controversial and recently passed discrimination rules shake out.
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March 06, 2024
Net Neutrality Plan Could Receive FCC Vote By April
As the cable industry again urged the Federal Communications Commission to scrap a Democratic-led plan to restore net neutrality rules, FCC Republican Brendan Carr signaled Wednesday that the proposal could receive a vote as early as April.
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March 06, 2024
SEC Beefs Up Disclosure Rules For Stock Order Executions
The U.S. Securities and Exchange Commission unanimously agreed Wednesday to require market venues and brokers to increase disclosures showing that they are obtaining the best prices for their customers' stock market orders on a timely basis, marking the first update to such rules in a quarter-century.
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March 06, 2024
50 Lawmakers Urge FTC To Probe Oil And Gas Consolidations
A group of 50 lawmakers on Wednesday urged the Federal Trade Commission to investigate a recent string of mergers and acquisitions in the oil industry, saying this "longstanding consolidation trend" threatens to reduce choice and competition across the supply chain, suppress wages and make gas at the pump more expensive.
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March 06, 2024
Don't Get Too Comfy Before Trade Deal Review, Tai Says
U.S. Trade Representative Katherine Tai on Wednesday cautioned the U.S., Mexico, and Canada not to get "too comfortable" ahead of approaching the first review of the nations' trade accord, saying some discomfort was needed to motivate them towards tackling global trade issues.
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March 06, 2024
FTC Can Depose Hospitals' Execs In Merger Challenge
A North Carolina federal magistrate judge has overruled two hospital systems' objections to the depositions of six Novant Health employees by the Federal Trade Commission in its antitrust action against a proposed $320 million merger, rejecting the healthcare providers' arguments that such depositions would be duplicative.
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March 06, 2024
New Balance Bid To Cut Nike Patents Is Too Early, Judge Hints
New Balance's bid to snip three patents from the latest infringement fight centering on Nike's patented Flyknit technology got an uneasy reception Wednesday from a Boston federal judge unwilling to dig too deep into the merits of the claims at the early stage of this case.
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March 06, 2024
North Carolina Probing RealPage Over Antitrust Issues, Too
The North Carolina Attorney General's Office is probing RealPage Inc. over concerns that its software helps property owners coordinate rent increases, adding to pressure on a company already facing private litigation and enforcement actions for allegedly violating antitrust law.
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March 05, 2024
5 Things To Know About CFPB's Cut To Credit Card Late Fees
The Consumer Financial Protection Bureau's new rule to cut credit card late fees has ignited a banking industry firestorm, with at least one trade group warning it will "imminently" sue. Here are five things to know as the fallout from the rule begins to take shape.
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March 05, 2024
White House To Crack Down On Illegal, Unfair Pricing
President Joe Biden launched a new "strike force" Tuesday to stop companies from imposing unfair price hikes on consumers amid a rash of measures supporting the administration's push to boost competition and lower prices across the economy.
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March 05, 2024
Rail Giants Get Some Docs Kept Out Of Fuel Surcharge MDL
A D.C. federal judge has kept more than two dozen key documents out of a long-running multidistrict litigation accusing the country's four largest railroad companies of a fuel surcharge price-fixing scheme while permitting at least portions of over a dozen others that didn't qualify for an exclusion afforded discussions about shared traffic.
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March 05, 2024
App Store Users Tell 9th Circ. To Reject Class Cert. Appeal
Consumers pressed the Ninth Circuit on Tuesday to not take up Apple's appeal of the certification of millions of App Store users, arguing the class action raises none of the issues justifying immediate intervention before trial on allegations targeting the technology giant's iron grip over app distribution on iPhones.
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March 05, 2024
CVS Again Defeats NY AG's Drug Rebate Tying Claims
A Manhattan judge on Tuesday threw out a second New York attorney general lawsuit accusing CVS Pharmacy Inc. of illegally forcing underserved hospitals to use its claims-processing subsidiary for federal drug reimbursements, saying the government still hasn't pled viable antitrust claims.
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March 05, 2024
FTC Chair Decries PE's Healthcare Impacts As Probe Starts
Federal Trade Commission Chair Lina Khan on Tuesday lamented what she deemed the "financialization" of healthcare resulting from private equity buyouts, in remarks coinciding with the launch of a multijurisdictional request for public comment on PE and other companies' growing control over the healthcare system.
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March 05, 2024
Avadel Told To Pay Jazz Pharma $234K Over Narcolepsy Drug IP
A Delaware federal jury found Monday that a specialty drugmaker owes nearly $234,000 to drug manufacturer Jazz Pharmaceuticals Inc. for using a patented process behind its newer narcolepsy drug, launched last year to sales of over $28 million.
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March 05, 2024
IP Litigation Vet Joins Wiggin and Dana's NY Office From LTL
Wiggin and Dana LLP said Tuesday that it is welcoming a technology and life sciences expert from litigation boutique LTL Attorneys LLP to its intellectual property litigation group.
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March 05, 2024
FCC Looks To Ban Bulk Billing In Apartment Buildings
The Federal Communications Commission is considering banning bulk broadband billing in apartment buildings, with the hopes of expanding choice and lowering costs for residents of multi-tenant buildings, FCC Chair Jessica Rosenworcel said in a release Monday.
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March 05, 2024
UK Supermarket Giants Sue Fish Farmers Over £675M Cartel
A group of the U.K.'s largest supermarkets have sued several Atlantic fish farming companies saying a cartel has manipulated prices of salmon across Europe, causing the retailers an estimated £675 million ($858 million) in losses, Britain's competition court said Tuesday.
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March 05, 2024
CFPB Adopts Rule To Slash Credit Card Late Fees By Billions
The Consumer Financial Protection Bureau said Tuesday that it has finalized a new rule to sharply lower the typical credit card late fee from more than $30 down to just $8, a move that could save consumers billions of dollars annually and is expected to face a swift industry challenge in court.
Expert Analysis
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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2 FCPA Settlements Illuminate Self-Disclosure, Disgorgement
Two of last year’s Foreign Corrupt Practices Act settlements — with biomedical company Lifecore and mining company Corsa Coal — suggest that the government will be much more flexible in negotiating disgorgement amounts if an entity voluntarily self-discloses misconduct, say Michael Gilbert and Lucas Amodio at Sheppard Mullin.
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Financing Healthcare Deals In Uncertain Markets This Year
As challenges to closing and financing new deals prevail into 2024, lenders in new healthcare transactions are talking about alternative approaches for sponsors to consider, such as private credit alternatives and utilization of junior capital, say attorneys at McDermott.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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5 NLRA Changes To Make Nonunion Employers Wary In 2024
As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.
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Expect National Security Scrutiny Of Higher Ed To Continue
In 2023, the federal government significantly elevated the national security responsibilities of academic communities, so universities and research laboratories should take a more rigorous approach to research partnerships, say attorneys at Crowell & Moring.
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Antitrust And ESG: Maximizing Targets, Ensuring Compliance
Jennifer McAlpin at Verizon and Michaela Spero at Amadeus consider the convergence of antitrust and environmental, social and corporate governance factors, providing an executive overview of areas to watch, including mergers and acquisitions, as well as practical implementation tips for general counsel.
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What To Know About FCA Cybersecurity Enforcement
Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.
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Opinion
Noncompete Report Misinterpreted Critique Of FTC Proposal
A recent report on core questions surrounding the use of employee noncompete agreements published by the Economic Innovation Group misconstrues our stated views on the issue — and we stand behind our conclusion that the Federal Trade Commission made misrepresentations when proposing a rule to ban such provisions nationwide, say Erik Weibust and Stuart Gerson at Epstein Becker.
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3 Power Rulings Change Outlook For Transmission Cos.
The cumulative effect of three December power cases that halted state actions that gave preference to incumbent transmission providers could level the playing field for independent developers, say Harvey Reiter and John McCaffrey at Stinson.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Opinion
Waiving COVID-19 IP Protections Would Harm US Industry
President Joe Biden should turn down a World Trade Organization proposal to waive crucial intellectual property protections behind COVID-19 tests and diagnostics — protections that allow U.S. companies to sustain millions of jobs and develop life-saving treatments that benefit patients in every country, says former U.S. Circuit Judge Paul Michel, now at the Council for Innovation Promotion.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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The Year Ahead In Foreign Investment And National Security
In 2024, expect the Committee on Foreign Investment in the United States, already at the forefront of addressing national security threats, to increase monitoring and enforcement related to outbound investment, focus on supply chain resilience in nondefense sectors, and heighten oversight of agricultural transactions, say attorneys at Holland & Knight.
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Navigating Class Actions After Papa John's Settlement Denial
A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.