Competition

  • January 3, 2017

    Abbott To Wrap Up $25B St. Jude Buy With FTC's Approval

    U.S.-based global health care giant Abbott Laboratories is set to close its $25 billion cash-and-stock acquisition of St. Jude Medical Inc. on Wednesday now that it has agreed to divest two medical device businesses to settle Federal Trade Commission competition concerns.

  • January 3, 2017

    FTC Wants Endo's Challenge To Its Litigation Power Nixed

    The U.S. Federal Trade Commission has asked a Pennsylvania federal court to dismiss a suit by Endo Pharmaceuticals Inc. seeking a ruling on the agency's authority to file lawsuits over behavior that occurred in the past, saying several courts have rejected similar attempts to hamper the FTC’s power.

  • January 3, 2017

    LSE Sells French Clearing Unit In Bid To Win Merger Approval

    The London Stock Exchange Group Plc announced Tuesday it agreed to sell the French subsidiary of its securities clearing business for €510 million ($531 million) to rival Euronext NV, in a move designed to allay regulators’ antitrust concerns over the firm’s proposed mega-merger with Deutsche Börse AG.

  • January 2, 2017

    Life Sciences Cases To Watch In 2017

    Life sciences litigators are closely watching several cases that promise to clarify a range of issues, from the approval process for biosimilars to what's considered anti-competitive behavior and where patent infringement cases may be filed — as well as what constitutes infringement. Here's a look at some of the highest-profile cases on deck for 2017.

  • January 2, 2017

    5 Big UK Financial Services Cases To Watch In 2017

    For the U.K. financial services industry, this year may very well mark the point that the five-year cloud cast by the benchmark-rate rigging scandal begins to disperse. But as Britain’s banks finally look to move on from a crisis that resulted in jail time and billions of dollars in fines, they face the new shadow cast by the country’s looming exit from the European Union.

  • January 2, 2017

    Illinois Cases To Watch In 2017

    Illinois garnered national attention for several cases before Prairie State federal judges in 2016, but 2017 promises several rulings that bring the impact closer to home.

  • January 2, 2017

    Transportation Cases To Watch In 2017

    Railroads’ appellate challenge to the Surface Transportation Board’s new on-time performance rule and worker misclassification suits targeting commercial truckers, delivery giants and ride-hailing companies are among the court battles transportation lawyers will keep a close eye on in 2017. Here's a breakdown of some of the high-profile cases they will be tracking closely.

  • January 2, 2017

    Merger Reviews To Watch In 2017

    After eight years of the Obama administration's tough approach to merger review, some of 2016's biggest transactions now await approval as the antitrust agencies are set to transition to new leadership under President-elect Donald Trump. Here's a look at the merger reviews and challenges to watch.

  • December 22, 2016

    Feds Push Through Record FCPA Week With Teva Case

    The U.S. government has closed out a record year in Foreign Corrupt Practices Act enforcement, following Wednesday’s massive Odebrecht deal with a huge FCPA penalty against Teva, the largest ever against a pharmaceutical company, and experts said the spate of cases this week is no coincidence as officials look to secure their legacies.

  • December 22, 2016

    Mushroom Buyers Button Up Class Cert. In Price-Fixing MDL

    A Pennsylvania federal judge has granted class certification to a group of mushroom purchasers who accuse growers and sellers of the fungi of a price-fixing conspiracy, according to an opinion unsealed Thursday in the long-running multidistrict litigation.

  • December 22, 2016

    Rural Broadband Group Urges Caution In Next-Gen TV Rollout

    A trade group representing rural pay-TV providers urged the Federal Communications Commission Wednesday to take a cautious approach as it mulls new rules to advance “Next Generation” TV broadcasting, requesting the commission issue a notice of inquiry prior to any rulemaking.

  • December 22, 2016

    Merger Will Cut Costs, Boost Quality, Anthem Expert Says

    After combining with Cigna Corp. in a $54 billion merger, Anthem Inc. will be able to reduce medical costs and offer enrollees more attractive health insurance products, Anthem’s expert economist argued in D.C. federal court Thursday, defending the industry’s largest-ever tie-up from the Department of Justice’s antitrust challenge.

  • December 22, 2016

    Technicolor Settles CRT Price-Fixing Suit With Sears, Kmart

    Technicolor SA has reached a settlement with Sears and Kmart in a lawsuit in multidistrict litigation in California federal court alleging that it and other manufacturers participated in a conspiracy to fix the price of cathode ray tubes used in television sets and computer monitors, according to court documents.

  • December 22, 2016

    Tenet Board Faces Shareholder Suit Over $513M FCA Case

    A pension system shareholder in Tenet Healthcare Corp. has claimed in a Texas state court derivative suit that Tenet’s board members shirked their fiduciary duties by not stopping a kickback scheme that led to a $513 million False Claims Act settlement.

  • December 22, 2016

    Bio-Rad Can't Block Ex-GC's Evidence In Retaliation Trial

    A California federal judge has rejected Bio-Rad Laboratories Inc.'s bid to block its former general counsel's evidence as privileged information in the attorney's lawsuit claiming the company fired him for raising concerns about its Foreign Corrupt Practices Act compliance in China, saying whistleblower laws permit the disclosures.

  • December 22, 2016

    9 Blue Cross Plans Lose Bids To Escape Antitrust MDL

    An Alabama federal judge on Wednesday smacked down efforts by Blue Cross Blue Shield plans to escape multidistrict litigation alleging a vast price-fixing conspiracy, finding that the insurers have sufficient business ties to the geographic area in question.

  • December 22, 2016

    ITC Will Take Another Look At US Steel's Antitrust Claims

    The U.S. International Trade Commission has decided to review an administrative law judge’s decision to toss the antitrust component of United States Steel Corp.’s sweeping Section 337 case against Chinese steel producers.

  • December 22, 2016

    Property Co. Eyes Appeal In Landmark RBS Libor Swap Case

    Counsel for Property Alliance Group confirmed Thursday it is considering whether to appeal after losing its landmark, £30 million ($37 million) suit in London’s High Court against Royal Bank of Scotland PLC for misselling interest rate swaps between 2004 and 2008.

  • December 22, 2016

    Clear Channel, Fairway Must Divest Billboards In $150M Swap

    Clear Channel Outdoor Holdings Inc. and Fairway Media Group LLC have reached a settlement with the U.S. Department of Justice that will see the companies divest billboards in Atlanta and Indianapolis to assuage the government’s concerns over a $150 million swap of advertising assets, the DOJ said on Thursday.

  • December 22, 2016

    Baker Botts Partner To Be FTC Deputy Chief Trial Counsel

    A partner in Baker Botts LLP’s antitrust practice group will join the Federal Trade Commission next month as deputy chief trial counsel, one of the most senior litigating positions at the agency, the firm announced on Wednesday.

Expert Analysis

  • A Quick Guide To Depositions In Japan

    Lauren Randell

    The primary reason depositions in Japan can be more complicated than elsewhere is that depositions for use in U.S. litigation can only be taken in three conference rooms in the entire country, says Lauren Randell of BuckleySandler LLP.

  • OPINION: The US Supreme Court In 2017

    James Brosnahan

    The ideologue’s main problem is believing in conformity of thought. They will now search for true believers, but fortunately very few judges harbor the dark, conservative uniformity desired. If they do find one, the Senate will not confirm, says James Brosnahan, a senior trial counsel with Morrison & Foerster LLP.

  • FTC's Unusual Settlement For Minn. Physician-Practice Merger

    Danyll W. Foix

    The Federal Trade Commission’s proposed settlement of its challenge of CentraCare Health’s acquisition of St. Cloud Medical Group is premised on a unique combination of the acquirer’s promise to give financial assistance to potential new entrants and the reliance on the “failing firm” defense that infrequently is accepted by government enforcers, says Danyll Foix of BakerHostetler.

  • A Primer On The Presidential Appointee Vetting Process

    Robert K. Kelner

    With the election over, the process of selecting individuals to fill the next administration’s key appointed positions is quickly shifting into high gear. For those who are called to serve in such positions, the process entails extensive vetting of professional credentials and a host of personal background check issues, say attorneys with Covington & Burling LLP.

  • Merging Law Firms: Think Before You Tie The Knot

    John Remsen Jr.

    Getting larger isn’t a good enough reason to merge. Focus on whether the merger will make your firm better. Also, it’s possible that a merger can reduce profitability, says John Remsen Jr. of TheRemsenGroup.

  • Merging Law Firms: Why Deals Fail Or Underperform

    Lisa Smith

    While many law firm mergers have been successful, some have been spectacularly unsuccessful — to the point of firm dissolution. Some have exceeded expectations, while others have had little impact on the overall competitiveness of the combined firm. In both failed discussions and less-than-successful mergers, there are mistakes that are made along the way, says Lisa Smith of Fairfax Associates.

  • FCPA Enforcement On Near-Record Pace For 2016: Part 2

    John E. Davis

    The recent balance shift in Foreign Corrupt Practices Act enforcement likely reflects a strategic decision by the U.S. Department of Justice to reallocate internal agency resources toward larger, more complex corporate investigations and the pursuit of culpable executives, leaving the U.S. Securities and Exchange Commission in the driver’s seat for most lower-value corporate enforcement actions, say attorneys with Miller & Chevalier Chtd.

  • Merging Law Firms: Beware Conflicts Of Interest

    Allison Martin Rhodes

    Among the many ethical issues that can arise, conflicts of interest from current or past representation of each firm’s clients should be at the forefront of merger discussions. Recently, we have seen such conflicts disqualify firms in the middle of high-cost litigation, say Allison Martin Rhodes of Holland & Knight LLP and Robert Hillman of the University of California, Davis.

  • Man Vs. Machine: Or, Lawyers Vs. Legal Technology

    Abdi Shayesteh

    Some have claimed that emerging legal technologies and increasingly cost-conscious clients will mean the extinction of the legal profession as we know it. However, innovations in legal technology may actually benefit attorneys, allowing them to spend their time doing more meaningful work, say Abdi Shayesteh and Elnaz Zarrini of AltaClaro.

  • OPINION: The Verdict — A Rejection Of Politics As Usual

    Reuben Guttman

    The verdict on Nov. 8, was not unanimous, especially when Secretary Hillary Clinton will end up with a popular vote advantage. Yet, it is a message of extreme magnitude from voters willing to overlook the serious flaws of a candidate because they could not reconcile themselves to ratifying the perpetuation of politics as usual, says Reuben Guttman, a partner of Guttman Buschner & Brooks PLLC and adjunct professor at Emory Law School.