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Competition
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March 21, 2024
DOJ Sues Apple, Rounds Out US Claims Against Tech Big 4
The U.S. Department of Justice and several state attorneys general on Thursday launched an antitrust suit against Apple, accusing the world's dominant smartphone maker of maintaining an anti-competitive monopoly over its iron grip over the iPhone, rounding out the quartet of long-anticipated government antitrust litigation already proceeding against Google, Meta and Amazon.
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March 21, 2024
FDIC To Target Deals Creating Cos. With $100B-Plus In Assets
The Federal Deposit Insurance Corp. on Thursday approved a policy proposal that floats new ways the agency would assess the "financial stability" of proposed mergers between insured depository institutions, for the first time identifying $100 billion in assets as the threshold for deals that would get "added scrutiny."
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March 20, 2024
Gas Buyers Want Judge Recused From Shale Cartel Suits
A would-be class of gasoline buyers pursuing antitrust claims against a string of shale oil producers told a Nevada federal judge on Tuesday that her admitted ownership of stock in Exxon Mobil Corp. required her to recuse herself from presiding over the litigation.
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March 20, 2024
UFC To Pay Fighters $335M To Settle Wage Suppression Suit
The parent company of UFC revealed Wednesday that it will pay $335 million to settle a class action alleging fighters' wages were suppressed by up to $1.6 billion, a move that comes after the two sides entered mediation last month ahead of a now-vacated trial.
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March 20, 2024
UK Gov't Launches Plan To Reverse Litigation-Funding Fallout
The government has published a two-clause bill designed to overturn a ruling by Britain's Supreme Court that threatened the status of many litigation-funding agreements, ending most of the speculation about how the effects of the decision will be nullified.
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March 20, 2024
Varsity Brands Told To 'Litigate The Case,' Not Atty 'Errors'
A Tennessee federal judge pressed Varsity Brands and the parents of cheerleader athletes accusing the cheer supply company of antitrust violations to stop bickering over procedural matters and focus on the merits of the case.
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March 20, 2024
Amazon Wants Rethink On E-Book Monopolization Suit
Amazon is asking a New York federal court to reconsider U.S. District Judge Gregory H. Woods' rejection of the company's motion to dismiss a proposed class action alleging that the company has monopolized the e-book market, or to at least certify two questions for the Second Circuit to address on interlocutory appeal.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
Slaughter And May Cuts Partner Promotions By Half In 2024
Slaughter and May said on Wednesday that it is adding to its bench of up-and-coming leaders by promoting five lawyers to its partnership — only half the number it elevated in 2023.
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March 20, 2024
Senators Want More Scrutiny For Defense M&A Deals
Two U.S. senators are calling on the Pentagon to shift the way it reviews defense industry mergers and dedicate more staff to the task, saying that contractor consolidation is jeopardizing national security and diminishing returns for taxpayer dollars.
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March 20, 2024
Re/Max GC Sees Light At The End Of Antitrust Tunnel
Re/Max general counsel Susie Winders has spent several years in a joint defense group fighting antitrust cases brought by sellers over real estate commissions, and she says she is now "very pleased" over recent settlements despite their costs.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 20, 2024
Google Fined €250M By France For Media Copyright Breaches
France's competition regulator said Wednesday that it has hit Google with a €250 million ($271 million) fine for using content from news agencies without alerting them or payment.
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March 19, 2024
Hermes Faces Antitrust Suit Over Exclusive Birkin Bag Sales
Consumers hit Hermès with a proposed antitrust class action Tuesday in California federal court, accusing the luxury fashion retailer of tying the sale of its iconic Birkin handbag to other expensive items by requiring customers to establish a "sufficient purchase history" before they can even view the bag.
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March 19, 2024
Texas Energy Co. Should Put Service Before Price, Court Hints
Texas Supreme Court justices questioned an electricity provider about its argument that the Public Utility Commission of Texas' policy setting price caps during extreme events goes against state law, asking if the agency should prioritize competition over keeping "the lights on" during oral arguments Tuesday.
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March 19, 2024
Healthcare Provider Says Optum Can't Duck Suit Or Arbitrate
An East San Gabriel Valley nonprofit healthcare system has urged a California federal judge not to toss, or force into arbitration, its antitrust suit accusing Optum Health of lying to patients as part of broader efforts to force the system out of the local primary care physicians market.
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March 19, 2024
Don't Impose Foreign Ownership Regs On ISPs, FCC Told
As the Federal Communications Commission mulls how it's going to regulate broadband now that the Democratic majority plans to reclassify it as a Title II service, a free market think tank is urging the agency not to apply the agency's foreign ownership regulations to internet service providers.
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March 19, 2024
Clemson Sues Over 'Unconscionable' Fees To Exit ACC
Clemson University on Tuesday sued the Atlantic Coast Conference in South Carolina state court, alleging that the conference is hindering its ability to explore alternative options regarding conference membership because it claims member institutions must pay an "unconscionable and unenforceable" $140 million to leave the conference.
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March 19, 2024
EU Accuses Kingspan Of Skirting Merger Review Demands
The European Commission on Tuesday accused construction materials supplier Kingspan Group of providing inaccurate or misleading information during the review for the company's planned purchase of Trimo before ultimately abandoning the deal.
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March 19, 2024
Nippon Steel Tries To Ease Worries Over $14.9B US Steel Deal
Nippon Steel Corp. pledged to move its North American headquarters to Pennsylvania in an attempt to assure the public that its proposed $14.9 billion acquisition of Pittsburgh-based U.S. Steel will ultimately be good for the domestic steel industry.
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March 19, 2024
NCAA Hit With Putative Action Challenging Prize Money Rule
The NCAA is facing yet another legal challenge over its limits on athlete compensation, as a proposed class action in North Carolina looks to knock down the association's rules barring players from collecting prize money in outside competitions.
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March 19, 2024
Nixed JetBlue-Spirit Deal Moots Antitrust Case, 1st Circ. Told
The abandonment of JetBlue Airways Corp. and Spirit Airways Inc.'s $3.8 billion merger following a successful U.S. Department of Justice legal challenge moots a separate antitrust suit by air travelers seeking to block the tie-up, the airlines have argued to the First Circuit.
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March 19, 2024
Ropes & Gray Adds Former Cooley Antitrust Partner In DC
Ropes & Gray LLP has added a longtime Cooley LLP partner who has helped guide some of the largest corporate mergers and acquisitions in recent years, some of which totaled multiple billions of dollars, the firm announced Monday.
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March 18, 2024
Patent Suit Over AstraZeneca's Tagrisso Heads To Jury
A Delaware federal judge said Monday that there are too many "genuine factual disputes" to end a lawsuit from a Pfizer brand claiming it developed a cancer treatment that's being infringed by a drug that has racked up billions in sales for rival AstraZeneca.
Expert Analysis
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Calif. Law Tests Noncompete Prohibitions' Potential Reach
California’s newly enacted law, which voids employee restrictive covenants, whether signed in or out of the state, has the potential to upend typical agreement negotiations, and highlights ongoing questions concerning how California's worker protections fare in other jurisdictions, says Sarah Tishler at Beck Reed.
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5 DOJ Enforcement Priorities To Note From Recent Remarks
Principal Associate Deputy Attorney General Marshall Miller’s recent speech provided a glimpse into the U.S. Department of Justice’s corporate criminal enforcement priorities — from national security concerns to mergers and acquisitions — with takeaways for companies’ compliance programs, say Joseph Jay and Jennifer Le at Sheppard Mullin.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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5 Takeaways From Bellwether AI Copyright Case
A Delaware federal court's ruling last week in Thomson Reuters v. ROSS is the first summary judgment ruling regarding fair use of copyrighted material to train generative artificial intelligence models and provides an early glimpse of how an appeals court judge views key generative AI copyright issues, says Michael Justus at Katten.
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How Gov't Agencies Will Fare In The Event Of A Shutdown
With a federal shutdown potentially set to begin at the end of this month, it may be useful to consider the approximate timelines that agencies such as the Federal Trade Commission and IRS have announced for curtailing operations, and potential strategies for mitigating challenges that may arise while agency functions are limited, say attorneys at Cleary.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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4 Pharma Industry Arguments Against CMS Drug Pricing Plan
The Centers for Medicare & Medicaid Services is facing significant pushback regarding its plans for implementing the Inflation Reduction Act's Medicare drug price negotiation program, due to a number of potential repercussions for manufacturers, say attorneys at Mintz Levin.
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As AI Pricing Tools Evolve, So Does Antitrust Risk
As the use of pricing algorithms has given rise to regulatory scrutiny and civil actions, such as RealPage Rental Software Antitrust Litigation in the Middle District of Tennessee and Gibson v. MGM in the District of Nevada, independent pricing decisions and other best practices can help limit antitrust risk, say attorneys at Axinn.
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Preparing Your Legal Department For Pillar 2 Compliance
Multinational entities should familiarize themselves with Pillar Two of the Organization for Economic Cooperation and Development’s BEPs 2.0 project and prepare their internal legal tracking systems for related reporting requirements that may go into effect as early as January, says Daniel Robyn at Ernst & Young.
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10th Circ. ERISA Ruling Is Promising For Self-Funded Plans
Though some recent appellate decisions have seemingly narrowed application of Employee Retirement Income Security Act preemption, which generally helps protect self-funded health plans from state regulation, the Tenth Circuit's decision in PCMA v. Mulready takes a big step toward reaffirming preemption, say attorneys at Bass Berry.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Tossed FIFA Bribery Convictions May Spur New DOJ Offense
After a New York federal court vacated the bribery convictions of two defendants in the U.S. Department of Justice’s sprawling FIFA probe, prosecutors may continue to pursue foreign commercial corruption through other means, albeit with some limitations, say attorneys at Cleary.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.