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Competition
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April 03, 2024
Apple Blasts Input From Microsoft, Meta, Others In Epic Case
Apple asked a California federal judge Wednesday to reject attempts by Microsoft, Meta Platforms, Spotify and other major developers to insert themselves into Epic Games' argument that the iPhone maker is not complying with an order barring it from using anti-steering rules in the App Store.
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April 03, 2024
US Soccer Urges High Court To Hear Antitrust Fight
The U.S. Soccer Federation on Wednesday once again asked the U.S. Surpeme Court to review the Second Circuit's decision reviving an antitrust lawsuit against it and FIFA, arguing that the government's opposition to the federation's petition failed to defend an "extreme membership liability" imposed by the circuit court ruling.
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April 03, 2024
Mortgage Co. Targeted In News Report Hit With RICO Suit
United Wholesale Mortgage LLC, its parent company and its CEO were hit with a proposed class action Tuesday in Michigan federal court accusing them of scheming with mortgage brokers to steer borrowers into more expensive loans the same day that Hunterbrook Media, a new journalism and hedge fund outfit, published its first investigative piece focused on the company.
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April 03, 2024
Google's Win In Ad Tech Antitrust MDL To Get 2nd Circ. Look
A group of Massachusetts-based gym and spa businesses informed a New York federal judge Wednesday they will be taking to the Second Circuit their challenge of the judge's order dismissing their antitrust claims in multidistrict litigation over Google's alleged monopoly in digital advertising.
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April 03, 2024
EU Probing Solar Project Under Foreign Subsidy Rules
European enforcers launched a pair of investigations Wednesday to assess whether companies bidding on a solar project in Romania received an unfair advantage through foreign subsidies.
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April 03, 2024
FCC Adopts Contested New Radio Geotargeting Rules
Two members of the Federal Communications Commission said new rules allowing hyper-local targeting of radio broadcast content will help small and minority-owned stations after the agency passed them despite worries from larger broadcasters.
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April 03, 2024
Epoxy Cos. Say Unfair Trade Threatens Crucial Domestic Industry
Epoxy resin producers have called on U.S. officials to investigate rivals in Asia for unfair trade practices, arguing Wednesday that an influx of allegedly undervalued imports is threatening the domestic supply of an item with automotive, electronic and defense applications.
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April 03, 2024
Anheuser-Busch 'Choking Off' Beer Supply, Distributor Says
A New York beer distributor accused Anheuser-Busch InBev of slowly cutting off its supply using force that could only be exerted by such a "corporate behemoth," according to a suit filed in Manhattan federal court.
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April 03, 2024
Oil Company Says Judge's Recusal Not Needed In Cartel Suits
Pioneer Natural Resources Co. fired back at gasoline buyers' attempt to recuse a Nevada federal judge from the parties' antitrust litigation over her stock ownership in ExxonMobil Corp., arguing that the company isn't a party to the case, and that the litigation should be transferred to Texas.
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April 03, 2024
FCC To Vote On Net Neutrality Plan At Late April Meeting
The Federal Communications Commission said Wednesday the agency will vote April 25 on a Democratic proposal floated in October to restore net neutrality rules last imposed on internet services during the Obama administration, but repealed by Republicans in 2017.
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April 02, 2024
Jon Stewart Reveals Apple's Heavy Hand In Lina Khan Chat
Federal Trade Commission Chair Lina Khan appeared on "The Daily Show" on Monday night for a wide-ranging conversation in which host Jon Stewart revealed that Apple wouldn't allow him to speak with her on a podcast related to his Apple TV+ show.
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April 02, 2024
Broadcasters Gear Up For FCC Fight Over 'Sidecar' Deals
The Federal Communications Commission's recent effort to fine broadcast titan Nexstar more than $1 million over a "sidecar" arrangement with a New York TV station reflects tensions between the FCC and the industry over complex ownership deals going back years.
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April 02, 2024
2 More Poultry Cos. Settle Wage-Fixing Suit
Poultry processing workers sought preliminary approval Monday for deals with Case Foods Inc. and Mountaire Farms totaling $22 million that would make the companies the 10th and 11th wage-fixing defendants to settle out of a broader Maryland federal court case where total payouts reach $217.25 million.
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April 02, 2024
Amazon, Apple Buyers Defend Adding New Class Reps
Attorneys for a proposed antitrust class action against Apple and Amazon say the tech giants are being unreasonable by trying to stop them from adding new class representatives to the case after the initial delegate stopped talking with his legal team.
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April 02, 2024
Tesla Pushed On La. Antitrust Claims In 5th Circ.
Tesla Inc.'s claims that Louisiana car dealers and regulators illegally excluded the direct-sale automaker from the state's market met a Fifth Circuit panel Tuesday that questioned how the case might be impacted by a Pelican State probe into the company's allegedly unlawful conduct.
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April 02, 2024
Consumers Ask To Update Amazon Antitrust Claims
Consumers seeking billions of dollars over allegations that Amazon's merchant contracts cause them to pay higher prices are asking a Washington federal court for permission to update their claims to include more details about the tactics the e-commerce giant allegedly used.
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April 02, 2024
Fanatics Exec To Take Stand In DraftKings Noncompete Suit
A Boston federal judge said Tuesday she expects a former DraftKings executive to testify later this month in a hearing to sort out competing narratives and allegations of corporate espionage related to his abrupt departure to work for rival sportsbook Fanatics.
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April 02, 2024
Qualcomm Says 9th Circ. Panel Already Heard Chip Claims
Qualcomm is urging the Ninth Circuit to assign an appeal from phone and tablet buyers looking to revive allegations that the chipmaker uses anti-competitive licensing practices to the same panel that nixed a class certification ruling in the long-running case.
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April 02, 2024
Ohio Regulator Urges Justices To Review FERC Deadlock Rule
The Public Utilities Commission of Ohio has urged the U.S. Supreme Court to review the Third Circuit's decision upholding a rule change from the Federal Energy Regulatory Commission that took effect despite a commissioner deadlock, arguing that the appellate court didn't apply a fitting standard.
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April 02, 2024
Monthly Merger Review Snapshot
Kroger and Albertsons navigated merger challenges from the Federal Trade Commission and two separate state attorneys general, Nippon Steel tried to assuage concerns from the White House down about its planned purchase of U.S. Steel, and JetBlue Airways and Spirit Airlines abandoned their merger.
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April 02, 2024
NFL Rips 'Unnecessary' Compel Motion In Sunday Ticket Spat
The NFL pushed back against the plaintiffs' efforts to revisit discovery documents in an antitrust class action over the league's Sunday Ticket broadcast package, arguing the motion to compel is a "manufactured and unnecessary dispute" over a discovery process that ended two years ago.
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April 02, 2024
Hagens Berman To Lead Yardi Rent Price-Fixing Class Action
A Washington federal court tapped Hagens Berman Sobol Shapiro LLP as interim lead counsel for a putative class of renters amid a suit alleging that 11 property management companies are part of a price-fixing ring powered by an algorithm developed by Yardi Systems Inc.
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April 02, 2024
Investment Adviser Wants Stolen Clients Suit Trimmed
An investment adviser and her new firm told a Florida court on Monday that the parent holding company of her former employer Mercer Global Advisors does not have standing to pursue its claims that she stole its clients and interfered with its business.
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April 02, 2024
Proskauer Adds 13-Year Wilson Sonsini Vet, Ex-DOJ Leader
Proskauer Rose LLP has hired a longtime Wilson Sonsini Goodrich & Rosati PC partner who also has two decades of experience working with the U.S. Department of Justice on a range of antitrust matters, the firm announced.
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April 01, 2024
Warner Bros. Directors Resign Amid DOJ Antitrust Concerns
A pair of Warner Bros. Discovery directors have resigned from the board of directors after the U.S. Department of Justice flagged potential antitrust concerns over them sitting on both the Warner Bros. board as well as the board of Charter Communications, the agency announced Monday.
Expert Analysis
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Competition Considerations From Biden's AI Executive Order
In light of President Joe Biden's recent executive order on artificial intelligence and the antitrust agencies' expansive enforcement posture, businesses in the technology and related industries should expect scrutiny, and avoid interactions that could be perceived as unlawful collaborations or exchange of competitively sensitive information, say attorneys at Hogan Lovells.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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First-Of-Its-Kind Artist AI Ruling Offers Liability Guidance
A California judge recently became the first federal judge in Andersen v. Stability AI to rule at the pleading stage on a challenge to claims that training artificial intelligence models involves mass-scale copyright infringement, providing insight into the potential legal exposure of AI-enabled products, say attorneys at Fenwick.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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How 'Safe Harbor' Policy Will Modify M&A Processes
Legal practitioners should be aware that the Justice Department's "safe harbor" immunity will change the typical M&A process significantly as acquirers start embedding fraud detection into their due diligence, including a broader scope of examinations and interviews, says Jesse Silvertown at The Ledge.
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Earnout Contract Considerations After NC Good Faith Ruling
The North Carolina Supreme Court's recent Value Health Solutions v. Pharmaceutical Research decision, holding the implied covenant of good faith and fair dealing did not apply in an earnout dispute related to an asset sale, demonstrates the need for practitioners to pay careful attention to milestone concepts in M&A transactions, says Benjamin Hicks at Wagner Hicks.
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Reading Between The Lines Of HHS' National Lab Opinion
The U.S. Department of Health and Human Services' Office of Inspector General recently rejected a national laboratory's request to pay a referring lab to process specimens, but the request might have been an attempt to exploit the OIG's advisory opinion process for a competitive advantage, says Mary Kohler at Kohler Health Law.
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ITC Ban On Apple Watch Could Still Be Reversed
The U.S. International Trade Commission's recent final decision that the Apple Watch infringed two patents owned by Masimo Corp. was a rare instance of a popular consumer product being hit with an absolute importation ban, but it's possible that President Joe Biden could assert his power to reverse the ITC decision, says Benjamin Horton at Marshall Gerstein.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Biden Admin's M&A Rhetoric Outpaces Enforcement Numbers
Despite the Biden administration's rhetoric about the need to reinvigorate antitrust efforts, merger enforcement actions by the Federal Trade Commission and the U.S. Department of Justice Antitrust Division are at 20-year lows, with the agencies opting for deterrence instead, says Ryan Quillian at Covington.
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Best Practices For Cos. Navigating US-China Investigations
Given recent enforcement trends and the broad jurisdictional reach of U.S. laws, companies with operations in China must enhance their compliance programs in order to balance new corporate enforcement expectations with Chinese data protection and privacy requirements, say attorneys at Paul Hastings.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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5 Ways To Leverage Recent DOJ 'Safe Harbor' M&A Policy
Companies can take a series of practical steps both before and after closing to gain maximum advantage from the recently announced U.S. Department of Justice merger and acquisition safe harbor policy and minimize enforcement risk, say Jonny Frank and Jeremy Hirsch at StoneTurn.
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Get Ready For Calif.'s Expanded Restrictive Covenant Ban
California recently passed the second of two new laws that together largely prohibit restrictive covenants, even for certain out-of-state employers — and since there's not much time before the statutes become effective, now is the time for companies to revisit how their confidential information will be protected, says Russell Beck at Beck Reed.