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Competition
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March 12, 2024
Yardi, Landlords Say Hagens Berman Can't Lead Antitrust Suit
Property management software company Yardi Systems Inc. and multiple landlords are fighting a putative class's bid to appoint Hagens Berman Sobol Shapiro LLP as interim lead counsel for a rent price-fixing class action in Washington federal court.
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March 12, 2024
Amazon Fights FTC Bid To Split Antitrust Trial
Amazon is urging a Washington federal court to reject a bid from the Federal Trade Commission to split the monopolization case against it into two phases, saying the court will have to consider any potential fixes when deciding if the company violated antitrust law.
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March 12, 2024
FTC Appoints Another ALJ To Handle 'Increased Workload'
The Federal Trade Commission announced the appointment Tuesday of a second administrative law judge, naming a former top antitrust lawyer with the New York Attorney General's Office, with experience representing the left-leaning Open Markets Institute, as the agency presses forward with its aggressive enforcement approach.
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March 12, 2024
2nd Circ. Revives Parts Of McKesson Whistleblower Suit
The Second Circuit on Tuesday revived parts of a lawsuit brought by a McKesson Corp. whistleblower who accuses the pharmaceutical company of a kickback scheme, finding that the lower court should reconsider the claims that were brought under state anti-kickback laws.
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March 12, 2024
Startup Founder's Attys Come 'Very Close' To More Sanctions
A Colorado federal judge has said a geothermal startup founder's arguments for why one of his attorneys should not be sanctioned for discovery violations were "preposterous" and warned his lawyers that they came "very close" to being penalized again.
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March 12, 2024
Porn Stars Seek To Drop Meta Suit Due To Lack Of Evidence
Three adult entertainment performers told a California federal court on Monday that they want to drop their lawsuit claiming that Meta conspired with OnlyFans' parent to block ads for the risqué platform's competitors, saying Meta told their counsel that there's no evidence that the women's social media accounts were blacklisted.
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March 12, 2024
Feds Cement Plea Deals In Ready-Mix Bid Rig Case
A Georgia concrete company and an executive accused of participating in a price-fixing and bid-rigging scheme have reached plea agreements with the federal government, according to notices filed Tuesday.
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March 12, 2024
Court Bars Ex-Exec From Sharing Info On Co.'s Body Armor
A North Carolina federal court granted a defense contractor's request to stop a former sales executive from sharing confidential information and export-controlled data with a foreign rival, while the court reviews the contractor's allegations.
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March 12, 2024
Crocs Can't Poke Holes Through IP Defamation Case
A Colorado federal judge has refused to grant the bulk of Crocs' bid to toss a suit from a Canadian company that settled a patent dispute with the footwear maker, but agreed to trim the case by one count.
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March 12, 2024
DC Circ. Questions MPLX Alternatives In FERC Decision
D.C. Circuit judges on Tuesday pressed attorneys for the Federal Energy Regulatory Commission on the agency's decision allowing crude oil transportation company MPLX to charge market rates on its Ozark Pipeline, questioning in particular how much capacity would be available on other lines if shippers needed an alternative to supracompetitive pricing.
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March 12, 2024
Apple To Allow Direct Downloads Of Apps In EU
Apple will start allowing developers to distribute apps directly from their websites in Europe, the latest in a string of changes by the tech giant as it comes into compliance with expansive new regulations under the Digital Markets Act.
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March 12, 2024
IPhone Users' £853M Battery Suit Gets OK On Funding Revamp
Apple must face an £853 million ($1 billion) class action claim alleging it concealed problems with iPhone batteries after Britain's antitrust tribunal said Tuesday that a revised litigation funding deal overcomes the hurdle recently thrown up by the country's highest court.
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March 12, 2024
GOP's Crapo Wants Quick Resolution Of Tax Relief Package
The Senate Finance Committee's top Republican tax writer said Tuesday that he wants to quickly resolve sticking points in pending bipartisan tax legislation that contains key incentives for families and businesses in order to advance a bill that would boost U.S. manufacturing.
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March 12, 2024
FTC Welcomes Choice Hotels Dropping Wyndham Hostile Buy
The Federal Trade Commission's top antitrust staffer said Tuesday that he was "pleased" Choice Hotels International Inc. had given up on a hostile takeover of Wyndham Hotels & Resorts, warning that the deal had "posed serious competition questions."
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March 12, 2024
Paul Weiss' Digital Tech Chair On AI's Promises And Perils
While generative artificial intelligence promises to increase access to justice and kill the billable hour, we don't know how to prevent it from unleashing misinformation and disinformation on the electorate, says Katherine Forrest, a former Manhattan federal judge who is now chair of Paul Weiss Rifkind Wharton & Garrison LLP's digital technology group.
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March 11, 2024
Drivers Drop Uber, Lyft Price-Fix Arbitration Appeal
The three Uber and Lyft drivers who were fighting to keep a suit accusing the ride-hailing companies of colluding to fix fare prices out of arbitration have dropped their appeal, according to a recent filing in a California state appeals court.
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March 11, 2024
Google Search Judge Wary Of NYT Bid To Make Docs Public
The D.C. federal judge weighing the fate of Google's search business pushed back during a Monday hearing on the New York Times' bid for a large scale unsealing of key contracts at the heart of the Justice Department antitrust lawsuit, although he left any final decisions for another day.
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March 11, 2024
States Want Info On Google-Facebook Pact In Ad Tech Case
State-level enforcers accusing Google of monopolizing key digital ad technology are asking a Texas federal court to lift a stay on discovery for documents related to an agreement between Google and Facebook that allegedly tipped the scales of auctions in Facebook's favor to discourage use of other ad exchanges.
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March 11, 2024
Illumina Brass Faces Shareholder Suit Over Grail Deal Debacle
Current and former directors and executives of Illumina, including former U.S. Food and Drug Administration Commissioner Scott Gottlieb, have been hit with a shareholder derivative suit in California federal court over their role in the biotech company's failed $8 billion deal to reacquire its cancer-detection company Grail Inc.
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March 11, 2024
3rd Circ. Finds No Reason To Disturb AbbVie Privilege Ruling
The Third Circuit has found that AbbVie was unable to show that a Pennsylvania federal court went against precedent or made an error when ordering the drugmaker to turn over attorney communications from a "sham" patent case allegedly meant to delay AndroGel competitors.
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March 11, 2024
Technology Co. Must Face Philips' Patent Infringement Claims
A Delaware federal judge on Monday denied MediaTek's bid to throw out claims in a suit in which it is accused by Philips of patent infringement, calling MediaTek's attempt to exit the case "scattershot."
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March 11, 2024
Landlords' Group Slams FCC Digital Equity Rule In DC Circ.
A property owners' advocacy group has sued the Federal Communications Commission in the D.C. Circuit, claiming the agency soared well past its legal limits in passing a new broadband equity rule and will put renters' access to internet service at greater risk.
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March 11, 2024
FCC Can't Make ISPs Pay Into Universal Fund Yet, Group Says
An affordable broadband advocacy nonprofit has told the Federal Communications Commission it doesn't need to promise broadband carriers that it will not make them pay into the Universal Service Fund if they are reclassified, because there are other steps the agency must take before it could start charging them anyway.
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March 11, 2024
Shoppers' Kroger, Albertsons Suit Shelved Pending FTC Case
A California federal judge pumped the brakes Monday on a private lawsuit challenging Kroger's $24.6 billion bid for Albertsons, preferring to wait on the outcome of a Federal Trade Commission lawsuit against the deal newly filed in Oregon federal court.
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March 11, 2024
FERC Says Nixing Power Market Revision Was Right Move
The Federal Energy Regulatory Commission on Friday defended its rejection of a regional grid operator's revision of its capacity market rules due to competition worries, telling the D.C. Circuit that utility giant Entergy Inc. has no basis to challenge the decision.
Expert Analysis
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What Can Be Learned From Adobe-Figma Merger Termination
The Competition and Markets Authority’s role in the recent termination of the proposed Adobe-Figma merger deal indicates the regulator's intention to be seen as a strong enforcer in the technology sphere, and serves as a warning for companies to address antitrust risks early on in the merger process, say Deirdre Taylor and Molly Heslop at Gibson Dunn.
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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.