Competition

  • June 30, 2022

    Deutsche, NatWest Eye Deals Worth $34M In Swiss Libor Case

    A proposed class of investors accusing various financial institutions of conspiring to manipulate the Swiss franc Libor has asked a New York federal court to approve a $21 million settlement with NatWest Markets and a $13 million settlement with Deutsche Bank.

  • June 30, 2022

    Keurig Says Exec Who Joined Rival May Spill Tea On Strategy

    Keurig is suing a former top executive who left to work for kitchen appliance rival SharkNinja, arguing he violated various employment agreements by joining a competitor and allegedly taking confidential and proprietary information with him that "would be extremely useful" to his new employer.

  • June 30, 2022

    Texas Man Convicted Of $240M Gov't Contract Fraud Scheme

    A Texas federal jury has convicted the owner of several construction companies on charges related to defrauding the U.S. Small Business Administration out of more than $240 million over 20 years by posing as a disabled veteran-owned business to secure government contracts.

  • June 30, 2022

    Epic Says Apple Can't Delay 9th Circ. Arguments Until 2023

    Epic Games has urged the Ninth Circuit to schedule an October date for oral arguments in its dispute over Apple's App Store restrictions, saying Apple's preference for a date next year should not delay the case.

  • June 30, 2022

    Michigan Pot Company Asks Court To Cancel Competitor's TM

    Marijuana is illegal under federal law, so there's no need to keep arguing about whether Michigan pot seller Hempnotize LLC's logo violates the trademark of a nearby marijuana dispensary that is breaking national drug statutes, according to a motion to dismiss filed in Michigan federal court.

  • June 30, 2022

    NAR Gets A Break In Realtor's 'Exceedingly Redundant' Suit

    An Arizona federal judge has knocked out a realtor's 1,295-page complaint against the National Association of Realtors and other realty groups, for now, saying the suit's scores of allegations blatantly violate pleading standards.

  • June 30, 2022

    NFL, Raiders Ask Top Court To Ignore Suit Over Oakland Exit

    The NFL and the Raiders asked the U.S. Supreme Court not to review Oakland's suit over the team's move to Las Vegas, arguing the city's alleged injuries are too speculative and weak to establish standing under federal antitrust law.

  • June 30, 2022

    Spirit Deal Up In The Air After Shareholder Meeting Delayed

    Spirit Airlines said Wednesday it is postponing until July 8 a shareholder meeting on whether to approve its pending $6.6 billion merger with Frontier Airlines Inc., a move welcomed by JetBlue, which is seeking its own tie-up with Spirit.

  • June 30, 2022

    Apple To Face £1.5B UK Class Action Over App Store Charges

    The U.K.'s specialist antitrust court ruled Thursday that a £1.5 billion ($1.8 billion) lawsuit accusing Apple of abusing its market dominance by charging "excessive" commissions on app sales can go ahead as a collective action.

  • June 30, 2022

    EU Accepts Fix For Ireland Insurers' Competition Concerns

    The European Commission has ruled that Insurance Ireland has a legal obligation to offer non-members access to its claims database, after the initial findings of an antitrust probe suggested that restrictions put in place by the trade body could have hindered competition in the country's insurance market.

  • June 29, 2022

    DOJ Sues To Block Booz Allen Acquisition Of NSA Rival

    The U.S. Department of Justice on Wednesday filed an antitrust suit in Maryland federal court to stop Booz Allen Hamilton from purchasing EverWatch, saying such a deal would end their years-long rivalry bidding for a defense contract with the National Security Agency and in turn harm competition and taxpayers.

  • June 29, 2022

    PE Firm Inks FTC Vet Clinic Merger Deal #2 For $1.7B

    For the second time this month, the Federal Trade Commission on Wednesday announced a merger clearance settlement permitting a business of private equity firm JAB Consumer Partners to buy a series of veterinary clinics, clearing the $1.65 billion transaction with divestitures and prior notice and approval requirements — and with far less internal agency strife than last time.

  • June 29, 2022

    Review Of Emergent's $325M Smallpox Drug Deal Extended

    Emergent BioSolutions Inc. has given government enforcers additional time to review its planned $325 million deal with Chimerix Inc. for the rights to Tembexa, the first antiviral approved in the U.S. to treat smallpox in all age groups.

  • June 29, 2022

    Judge Certifies Class In Natural Gas Price-Fixing Suit

    A Wisconsin federal court has certified a class of buyers suing natural gas companies for allegedly conspiring to raise prices in the early 2000s, advancing a long-running case that is back from a lengthy trip through multidistrict litigation.

  • June 29, 2022

    Walmart Says FTC Trying To Skirt High Court Restitution Curb

    Walmart on Wednesday previewed a possible legal defense against the Federal Trade Commission's claims that the retail giant turned a blind eye to fraudulent money transfers, suggesting that the FTC is relying on an untested legal theory to extract monetary penalties.

  • June 29, 2022

    Private Hospital Deal Challenge Best Left To Feds, Judge Says

    An Illinois federal judge has suggested that government antitrust enforcers would be better suited to challenging a hospital merger, tossing a rival health care provider's private lawsuit, at least for now, for lack of current rather than future injury.

  • June 29, 2022

    Amazon Accused Of Duping Investors In Class Action

    A pair of union funds have filed a proposed class action in Washington federal court accusing Amazon.com Inc. of deceiving investors by the anti-competitive misuse of confidential third-party seller data to benefit Amazon's private-label business.

  • June 29, 2022

    Gov't Mulls Granting Parker's £6.3B Bid For UK Aerospace Co.

    A motion and control technology company said Wednesday it hopes to close its £6.3 billion ($7.6 billion) acquisition of Britain's Meggitt PLC after the U.K. government said it is inclined to accept adjustments to the deal addressing competition and security concerns. 

  • June 28, 2022

    Sens. Ask Minor Leaguers About MLB Antitrust Exemption

    A bipartisan group of senators have sent a letter to an advocacy organization for minor league baseball players asking about how Major League Baseball's century-old exemption from antitrust law has impacted ballplayers in the game's lower professional ranks.

  • June 28, 2022

    Google, Apple Want Consumer Search Conspiracy Suit Gone

    Google and Apple are fighting to toss a consumer suit from the same attorneys, and with virtually identical allegations, as a Google Search advertiser accusing Google of paying Apple not to produce its own search engine, arguing that the consumers in the latest case can't show harm from using a free product.

  • June 28, 2022

    JPML Centralizes Cell Tech IP Suits Against Tesla, GM, Others

    Neo Wireless' cellular patent suits against several carmakers, including Tesla and General Motors, were transferred to the Eastern District of Michigan Tuesday after the U.S. Judicial Panel on Multidistrict Litigation determined centralization will streamline the related litigation and boost convenience.

  • June 28, 2022

    McDonald's Defeats Ex-Workers' No-Poach Claims

    An Illinois federal court on Tuesday granted a bid from McDonald's to escape claims from ex-workers over the fast-food chain's alleged past use of no-poach provisions in its franchise agreements, saying there was too much competition for their labor to support an antitrust case.

  • June 28, 2022

    7th Circ. Won't Revive Antitrust Suit Against Radiology Board

    A Seventh Circuit panel on Tuesday affirmed the dismissal of an antitrust suit against the American Board of Radiology, saying the lead plaintiff "has fallen short" in showing the group illegally tied its initial board certification for radiologists to a continuous certification program some physicians would rather buy elsewhere.

  • June 28, 2022

    Warby Parker Escapes 1-800 Contacts' Search Engine TM Row

    A New York federal judge has cleared eyewear provider Warby Parker of claims it infringed 1-800 Contacts' trademarks with allegedly targeted search engine advertisements, ruling that reasonably sophisticated consumers can tell the difference between the rivals' distinct marks.

  • June 28, 2022

    CFIUS Probing Ericsson's $6.2B Vonage Buy

    Swedish telecommunications giant Ericsson disclosed Tuesday that national security officials are reviewing its plans to buy New Jersey-based internet phone company Vonage for an enterprise value of about $6.2 billion.

Expert Analysis

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • How To Avert Unlawful Poaching Amid Rising Antitrust Risks

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    Despite the uptick in labor market antitrust enforcement actions, no-poach agreements can be helpful in preventing unfair competition resulting from misuse of confidential or competitively sensitive information — when tailored appropriately and used with best practices to reduce risk, say attorneys at Ropes & Gray.

  • SEC Constitutionality Ruling May Embolden FTC Targets

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    The Fifth Circuit's recent Jarkesy v. U.S. Securities and Exchange Commission decision — that restrictions insulating administrative law judges from removal, among other policies dictating agency procedures, are unconstitutional — may also apply to the Federal Trade Commission, giving companies strong procedural arguments to disrupt enforcement proceedings against them, say attorneys at Kirkland.

  • How 2 High Court Cases Could Affect Gov't Admin Actions

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    Government losses in U.S. Securities and Exchange Commission v. Cochran and Axon v. Federal Trade Commission, pending at the U.S. Supreme Court, could drastically shorten the time federal courts take to consider constitutional challenges to administrative proceedings, with consequences for other federal and state agency processes, say attorneys at Paul Hastings.

  • When A Claimed Trade Secret Isn't In Fact A Secret

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    The Second Circuit's recent holding in Turret Labs v. Cargo Spirit tells a cautionary tale of how information cannot be a trade secret if reasonable measures are not taken to keep the information secret, and counsel must determine whether first appearances concerning secrecy are indeed true, says Francis Morrison at Axinn.

  • How In-House Legal Leaders Can Drive Corporate Growth

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    Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

  • A Look At Public's Divergent Views On New Merger Guidelines

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    Amid divided public feedback on their merger guideline revisions, the Federal Trade Commission and U.S. Department of Justice will need to consider whether the guidelines remain a description of current practice, or if they turn into a statement of theories they want to attempt, say Ana McDowall and Andrew Sfekas at Cornerstone Research. 

  • Attorneys Should Tread Carefully On Job Counteroffers

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    Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.

  • Series

    The Future Of Legal Ops: Time To Get Serious About Data

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    Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.

  • 2 FCA Settlements Highlight Gov't Cyber Liability Focus

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    Recent False Claims Act settlements with Comprehensive Health Care Services and Aerojet Rocketyne illustrate government contractors' growing cybersecurity liability, and underscore how important it is for companies to comply with new incident reporting regulations and live up to standing contractual obligations, say attorneys at O'Melveny.

  • Opinion

    ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule

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    While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.

  • Lateral Candidate Screening Steps To Prevent Bad Behavior

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    Bullying and harassment are among the root causes of stress, anxiety and substance abuse in the legal profession, so law firms should take four actions to effectively screen lateral candidates and ensure they are not recruiting individuals who could jeopardize the well-being of their people, says Michael Ellenhorn at Decipher.

  • HSR Statistics Show Increasing Scrutiny Of Health Care M&A

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    Recent enforcement and Hart-Scott-Rodino statistics illustrate the Federal Trade Commission's growing interest in the application of federal antitrust law to health care transactions and the FTC's ability to test novel theories of harm in this area, say Amanda Wait and Vic Domen at Norton Rose.

  • A Look At The Legal Profession Since Murder Of George Floyd

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    Little has changed for Black attorneys since law firms promised to combat discrimination within the profession following George Floyd's murder, but on this second anniversary of his death, law firms can recommit by adopting specific strategies that set their Black lawyers up for success, say Lisa Davis and Khasim Lockhart at Frankfurt Kurnit.

  • Opinion

    NY Ruling Correctly Deems Legal Finance Docs Irrelevant

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    A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

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