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Competition
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March 28, 2024
DOJ, FTC Weigh In On Another Pricing Algorithm Case
The U.S. Department of Justice and the Federal Trade Commission intervened in another alleged algorithmic collusion case Thursday with a statement of interest arguing that Atlantic City casino-hotels can't duck room rate price-fixing allegations simply by arguing there's no evidence they communicated directly or that pricing recommendations were binding.
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March 28, 2024
Texas Judge Lifts Discovery Stay On Google's Bidding Deals
A Texas federal judge agreed to lift a discovery stay in the Texas-led antitrust suit challenging Google's ad technology, allowing the 16 plaintiff states and Puerto Rico access to additional information about a network bidding agreement between Google and Facebook that they claim stymied competition in the digital advertising market.
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March 28, 2024
Google Wants Apple Search Pact Antitrust Suit Axed For Good
Google urged a California federal judge to permanently dismiss an amended antitrust suit over an agreement with Apple that would make Google the default iPhone search engine, calling it an untimely effort to "piggyback" on the U.S.'s monopolization case against Google without asserting any specified, antitrust injury.
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March 28, 2024
NCAA Argues Certification Of Alston Payout Class Too Complex
The NCAA and the Power 5 conferences have told a California federal judge that the "highly varied and diverse ways" schools compensated athletes after the 2021 Alston Supreme Court decision make it implausible to certify the class suing for past compensation — saying plaintiffs have chosen to "simply ignore all of this complexity.''
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March 28, 2024
MLS, Trade Group Say DOJ Deal Fix Itself Anti-Competitive
The U.S. Department of Justice drew fire Wednesday for pushing what a real estate trade group argued would itself be an anti-competitive rule, as the DOJ and other outside groups vie to influence a proposed $3 million settlement over house broker commissions in Massachusetts federal court.
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March 28, 2024
Walmart Gives Enforcers More Time On $2.3B Vizio Deal Probe
Walmart is giving the U.S. Department of Justice and Federal Trade Commission more time to complete their initial review of the retail giant's plan to boost its advertising business through the $2.3 billion purchase of smart television maker Vizio.
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March 28, 2024
FCC Urged To Reject T-Mobile Network 'Slicing' Proposal
The Federal Communications Commission shouldn't heed T-Mobile's call to craft network slicing rules that would essentially allow any mobile service provider to escape the agency's net neutrality rules against paid prioritization, according to one advocacy group.
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March 28, 2024
Deals Rumor Mill: WeWork, Reading FC, Pet Food Co.
Ex-WeWork CEO Adam Neumann looks to buy the company back, Chiron Sports Group is in talks to buy Reading Football Club, and the private equity firms Advent and CVC eye a pet food company. Here, Law360 breaks down the notable deal rumors from the past week.
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March 28, 2024
Dole Drops $293M Sale Of Vegetable Biz Under DOJ Pressure
Dole PLC said Thursday it agreed to drop the planned $293 million sale of its fresh vegetable division to Chiquita Holdings Ltd. after the U.S. Department of Justice raised concerns about the deal's effect on packaged salad prices.
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March 28, 2024
Grading Garland: Attys Give AG Mixed Reviews 3 Years In
U.S. Attorney General Merrick Garland's name won't be on the ticket in November, but his performance three years into his tenure is a subplot in the 2024 presidential election.
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March 28, 2024
UK Watchdog Clears Aviva's £460M Takeover Of AIG Life
The U.K. government on Thursday gave a green light to insurance giant Aviva for its proposed £460 million ($562 million) acquisition of a British subsidiary of AIG Life Ltd. at the end of its first phase of inquiry into the transaction.
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March 28, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen investors target fraudsters who ran a fake film tax scheme, Barclays Bank sue privately owned Russian bank PJSC Sovcombank, easyGroup bring a trademark infringement claim against online casino TGI Entertainment for its "easybet" word sign, and a bioethanol fuel company hit high-profile individuals connected to the collapsed Elysian Fuels scheme. Here, Law360 looks at these and other new claims in the U.K.
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March 27, 2024
9th Circ. Revives Claims Against Apple In Crypto Theft Row
The Ninth Circuit on Wednesday partially reinstated a putative class action accusing Apple of misrepresenting the safety of its App Store after users' cryptocurrency was stolen from an app, finding that while a federal tech immunity law shielded Apple from an array of fraud and wiretapping claims, three consumer protection claims could move forward.
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March 27, 2024
Amazon Can't Block DSA Ad Repository Requirements
A European court reversed a ruling temporarily exempting Amazon from a set of regulations for large digital platforms, ruling Wednesday that — like Apple's App Store, Facebook and Instagram — Amazon will have to maintain a publicly available repository of advertising information, as mandated by the European Union's 2022 Digital Services Act.
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March 27, 2024
Foreign Subsidy Rule Muddles 'Countervailable' Meaning
The U.S. Department of Commerce's new final rule authorizing itself to investigate subsidies that governments give to manufacturers in other nations casts uncertainty over the definition of "countervailable" in the absence of clarity on how third-party governments will be incorporated into these duty probes.
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March 27, 2024
DoorDash, Grubhub Want Docs From NY Restaurant Lobbyists
DoorDash, Grubhub and Uber Eats have urged a Manhattan federal judge to let them subpoena the trade group executives who allegedly "worked closely" with officials on challenged New York City caps on fees that food delivery apps can charge restaurants.
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March 27, 2024
Candy Co. Can Use Recipe Amid 'Chocolate Moonshine' Fight
A Pennsylvania federal judge has refused to ban the candy maker Local Yokels Fudge from making or selling fudge, ruling the owner's ex-husband hadn't shown the company is still using his family's secret "Chocolate Moonshine" fudge recipe.
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March 27, 2024
T-Mobile Can Appeal Refusal To Toss Sprint Merger Case
An Illinois federal court granted T-Mobile's request on Wednesday to immediately appeal a ruling refusing to toss a proposed class action from AT&T and Verizon subscribers who have alleged their prices increased because of T-Mobile's 2020 merger with Sprint.
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March 27, 2024
On Deck In JPML: Baby Food, 23andMe Privacy, NCAA
The Judicial Panel on Multidistrict Litigation's packed meeting Thursday in South Carolina will see the panel mulling consolidation of privacy litigation against 23andMe, claims of heavy metals in baby food, and scholarship-fixing claims by student athletes against the NCAA — and that's just for starters.
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March 27, 2024
NY AG, Others Blast Sandoz Deal 'Tax' On Future Settlements
New York's attorney general was one of three objectors Tuesday to a provision in Sandoz's proposed $265 million settlement with a class of drug wholesalers in Pennsylvania federal court that they say will delay any future generic-drug price-fixing litigation deals by taxing agreements over $119.25 million.
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March 27, 2024
Google Fires Back At JD Vance's Input In Common Carrier Suit
Google says it deserves the chance to respond to arguments made by Senator JD Vance, R-Ohio, on the last day of summary judgment briefing in a state-brought case seeking to declare the tech behemoth a common carrier and its search engine a public utility.
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March 27, 2024
Fashion Retailers Agree To UK Green Claim Rules
Enforcers in Britain said Wednesday that ASOS PLC, Boohoo.com UK Ltd. and Asda Stores Ltd. have agreed to a new set of rules covering environmental claims about their fashion products following a "greenwashing" probe in the fashion retail sector.
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March 27, 2024
Ex-Barclays, Citi Traders Lose Interest Rate-Rigging Appeals
Two former traders convicted of manipulating benchmark interest rates lost their bid to clear their names on Wednesday as an English appellate court ruled that they had received fair trials.
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March 26, 2024
Jackson Paints Abortion Clash As Microcosm Of Bigger Brawl
A war of words Tuesday at the U.S. Supreme Court over access to abortion medication marked a climactic moment after a lengthy legal slugfest. But probing questions from Justice Ketanji Brown Jackson illustrated that the main event for reproductive rights was also simply a single round in a much larger fight over the government's regulatory powers.
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March 26, 2024
Apple Escapes Antitrust Suit Over Crypto On Payment Apps
A California federal judge on Tuesday tossed with leave to amend a proposed antitrust class action claiming Apple's agreements with Apple Cash competitors illegally limit competition by blocking decentralized cryptocurrency technology, saying the consumers failed to adequately allege standing, among other "problematic" reasons.
Expert Analysis
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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.
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Kentucky Tax Talk: Taking Up The Dormant Commerce Clause
Attorneys at Frost Brown examine whether the U.S. Supreme Court is likely to review Foresight Coal Sales v. Kent Chandler to consider whether a Kentucky utility rate law discriminates against interstate commerce, and how the decision may affect dormant commerce clause jurisprudence.