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Competition
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March 01, 2024
Taxation With Representation: Pillsbury, Cleary Gottlieb
In this week's Taxation with Representation, First Advantage Corp. acquires Sterling Check Corp., International Game Technology spins off two subsidiaries, Disney merges its media operations in India with Reliance Industries, and Atlas Energy Solutions purchases Hi-Crush.
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March 01, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a legal battle between confectionary heavyweight Mars Wrigley UK and a frozen food manufacturer, a trademark infringement claim by Abbott Diabetes Care over glucose monitoring meters, Mercedes-Benz Group hit with two commercial fraud disputes, and the Mediterranean Shipping Company tackle a cargo claim by an insurance company. Here, Law360 looks at these and other new claims in the U.K.
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February 29, 2024
Amazon Cuts Deals With Mastercard, Banks In Fee MDL
Amazon told a New York federal court Thursday that it has reached settlement agreements with Mastercard and several banks, after reaching a previous deal with Visa, over allegations that anti-competitive conduct by the card companies and banks caused the online retail giant to overpay for transaction fees.
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February 29, 2024
Blank Rome Accused Of Suing Atty Over Job Change
A trial attorney who used to defend plane parts manufacturer Avco Corp. accused the company and Blank Rome LLP Wednesday in Pennsylvania federal court of pursuing "frivolous" litigation against her, claiming they sought to destroy her livelihood because she joined a plaintiffs' firm that frequently sues aviation manufacturers.
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February 29, 2024
DOJ Says Court Rehab Means Ga. Bid Rig Case Must Move
Construction at Savannah, Georgia's federal courthouse means three men accused of conspiring to rig bids for millions of dollars' worth of ready-mix concrete contracts will have to be tried in a college town a couple of counties over, according to the DOJ.
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February 29, 2024
STB, CSX Tell Justices To Reject Norfolk Southern Appeal
Norfolk Southern Railway Co. has taken its contentious battle to have itself declared immune to a rival's antitrust suit to the U.S. Supreme Court, but the competitor that's suing it and the regulator who declared it not exempt are both asking the justices to leave well enough alone.
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February 29, 2024
Epic, Google Are At App Store Antitrust Remedies 'Impasse'
Epic Games Inc. and Google LLC told a California federal judge on Wednesday that they are at an impasse over the potential changes Google will have to make following the Fortnite game developer's jury trial win on antitrust claims related to Google Play Store and Android apps.
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February 29, 2024
Biden Floats 3 Nominees To Return FERC To Full Strength
President Joe Biden on Thursday unveiled a trio of nominees to fill vacant commissioner slots at the Federal Energy Regulatory Commission, including the solicitor general of West Virginia and a former Massachusetts energy official.
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February 29, 2024
Sandoz To Pay $265M To Resolve Claims In Price-Fixing MDL
Swiss generic drug and biosimilar manufacturer Sandoz announced Thursday that two of its subsidiaries have reached a $265 million settlement with the direct purchasers of generic medications to resolve allegations of federal antitrust violations.
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February 29, 2024
Discover Deal Prompts Dems To Seek Bank Merger Revamp
Rep. Maxine Waters, D-Calif., the top Democrat on the House Financial Services Committee, and 15 other House Democrats are calling on federal bank regulators and the U.S. Department of Justice to quickly crack down on mergers in the wake of Capital One's recently announced $35.3 billion deal to acquire Discover Financial Services.
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February 29, 2024
Canada's Competition Watchdog Deepens Google Ad Probe
Canada's competition enforcer said Thursday the agency has expanded an investigation into whether Google is abusing its dominance over technology used to place ads on third-party websites and apps, adding to mounting global pressure on the tech giant's ad business.
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February 29, 2024
Feds Nab 2 More Guilty Pleas In Polar Air Cargo Fraud Case
Two more former executives of Polar Air Cargo Worldwide Inc. have pled guilty to participating in a scheme to accept kickbacks from vendors in exchange for favorable business arrangements.
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February 29, 2024
Chamber Of Commerce Backs Exxon In Activist Investor Row
The U.S. Chamber of Commerce and lobbying group Business Roundtable on Thursday threw their weight behind Exxon Mobil Corp. in the company's bid to pursue its lawsuit against activist investors, a suit that some see as a proxy battle with the U.S. Securities and Exchange Commission over shareholder proposals.
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February 29, 2024
Monthly Merger Review Snapshot
The Federal Trade Commission challenged Kroger's $24.6 billion bid for Albertsons, Microsoft and the FTC battled over plans to lay off nearly 2,000 video game workers amid the Activision merger fight, and the alliance of ESPN, Fox and Warner Bros. Discovery drew its first challenger.
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February 29, 2024
Defense Contractor Says Ex-Exec Took Sensitive Data To Rival
A defense contractor accused a former executive of taking confidential business information and export-controlled data on the body armor it supplies to the U.S. military and local and state law enforcement to a rival, a foreign-owned business.
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February 28, 2024
Ariz. AG Says RealPage, Landlords Use Algo To Fix Rent Prices
Arizona's attorney general on Wednesday filed an antitrust suit in state court against RealPage and several landlords over an alleged conspiracy to illegally raise rents for hundreds of thousands of renters by using the software company's algorithms to quell competition.
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February 28, 2024
Google Search Judge Lets Rival's Keyboard Suit Proceed
The same D.C. federal judge presiding over the government's search monopolization suit against Google sent up a tantalizing smoke signal for that case Tuesday in refusing to toss an Android keyboard app developer's separate antitrust lawsuit against the technology giant, rejecting key defense arguments meant to cast doubt on Google's alleged dominance.
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February 28, 2024
9th Circ. Won't Undo Airline Price-Fixing Settlement Payout
The Ninth Circuit affirmed an order granting attorney fees and a secondary distribution of a $104 million settlement in a long-running airline price-fixing case, finding the objectors who claimed the funds were wrongly sent to those who already got their first-round share lacked standing to challenge the order.
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February 28, 2024
Objectors Want $1M Atty Fees In $5.6B Swipe Fees Settlement
Class members who initially objected to a $5.6 billion settlement with Visa and Mastercard have told a New York federal judge they are seeking nearly $1 million in legal fees for "enhancing the adversary process, sharpening the debate, and pursuing meritorious appeals in this litigation over the past eleven years."
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February 28, 2024
Elite Schools Get OK For $166M More Aid-Fixing Deals
An Illinois federal judge handling student aid-fixing allegations against 17 top universities gave his initial blessing to another $166 million in settlements Wednesday, the day after he ordered three universities to produce documents that could show they handled certain students' admissions differently from others.
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February 28, 2024
Indivior's $385M Suboxone Antitrust Deal Gets Final OK
A Pennsylvania federal judge has granted final approval to Indivior's $385 million settlement with direct purchasers in antitrust litigation over its opioid addiction treatment Suboxone and awarded roughly $120 million in attorney fees to the purchasers' counsel.
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February 28, 2024
Conn. Mortgage Co. Says Partner Defected With Cash, Data
A prospective business partner agreed to commit $100,000 to join a mortgage company and promised to bring along 15 employees, but once inside, they raided business assets for information and quickly left to start a competing venture, according to a lawsuit in Connecticut state court.
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February 28, 2024
Fish & Richardson Adds Ex-Jenner & Block Life Sciences Duo
Global intellectual property law firm Fish & Richardson PC announced on Wednesday that two Chicago-based litigators from Jenner & Block LLP have joined the firm's life sciences team as partners.
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February 28, 2024
Scrubs Co. Must Arbitrate With Its Ex-Atty Over False Ad Loss
A healthcare apparel company that lost its Lanham Act false advertising suit against a competitor in California federal court must pursue claims against its former lawyer in arbitration, while the company agreed to pursue claims against the lawyer's firm, Michelman & Robinson LLP, a Los Angeles judge ruled Wednesday.
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February 28, 2024
Google Attys' 'Fake Privilege' Comments Cited In Search Suit
The U.S. Justice Department and states accusing Google of monopolizing the online-search market have asked a D.C. federal judge to consider internal chats disclosed in Epic Games' antitrust lawsuit that revealed Google's lawyers discussing "fake privilege" — a practice of unnecessarily involving a lawyer to make an exchange confidential.
Expert Analysis
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Exploring Middle-Market M&A Trends In 2023 And Beyond
Middle-market merger and acquisition activity this year was affected by a number of economic, legal and regulatory shifts, with certain trends pointing to favorable transaction conditions in 2024, say Jason Brauser and William Goodling at Stoel Rives.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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Parsing 2023's Energy Markets Enforcement
A review of the Federal Energy Regulatory Commission's and Commodity Futures Trading Commission's recently released fiscal year 2023 enforcement reports highlight the significant energy market enforcement activities, litigation pursued and settlements reached by both agencies, as well as their respective strategic goals and focus areas, say attorneys at Morgan Lewis.
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Hoopers In NCAA Suit Respark Eligibility Framework Debate
A decision by two brothers involved in a recent antitrust lawsuit against the NCAA — to play college basketball rather than go professional after graduating from the Overtime Elite league — has aimed the spotlight on what exactly the NCAA deems permissible compensation under its current framework, say Brady Foster and Dan Lust at Moritt Hock.
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Lessons From DOJ's Wave Of Labor Market Prosecutions
Attorneys at Patterson Belknap consider lessons learned and future meaningful challenges following the U.S. Department of Justice's first six criminal antitrust cases targeting employee no-poach and wage-fixing agreements, in which just one case resulted in a guilty plea.
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Opinion
Giving The Gov't Drug Patent March-In Authority Is Bad Policy
The Biden administration's recent proposal to allow government seizure of certain taxpayer-funded drug patents is a terrible idea that would negate the benefits of government-funded research, to the detriment of patients and the wider economy, says Wayne Winegarden at Pacific Research Institute.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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When Patients Have Standing For Hospital Antitrust Suits
Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.
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8 Ways To Negotiate Improved Disgorgement Outcomes
The U.S. Securities and Exchange Commission's nearly $3.4 billion collected in disgorgements in 2023 shows that substantial disgorgement claims from regulators and law enforcement are the new norm, but corporations may be able to dramatically reduce what they owe by using eight strategies to argue for reduced net profit calculations, say experts at AlixPartners.
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Lessons From This Year's Landmark Green Energy IP Clash
In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.
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DOJ's RealPage Notice Signals Focus On Pricing Algorithms
The U.S. Department of Justice's Antitrust Division recently filed a statement of interest in the Realpage multidistrict litigation to stake out its position that price-fixing algorithms pose a great anti-competitive threat, which suggests that the DOJ and private parties may continue to bring similar actions in the future, say attorneys at Simpson Thacher.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Reverse Proffers In Federal Criminal Cases Can Be A Win-Win
The increasingly popular reverse proffer — in which prosecutors disclose evidence to targets of a criminal investigation — can help the government test its case and persuade witnesses to cooperate, and can help defendants sharpen their strategies and obtain favorable deals by choosing to cooperate, say Jeffrey Martino and Byron Tuyay at Baker McKenzie.
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EU Rejection Of Booking.com Deal Veers From Past Practice
The European Commission's recent prohibition of Booking's purchase of Etraveli based on ecosystem theories of harm reveals a lower bar for prohibiting nonhorizontal mergers, and may mean increased merger scrutiny for companies with entrenched market positions in digital markets, say lawyers at Linklaters.