Competition

  • June 09, 2021

    Foster Farms Seeks Coverage Of Turkey Market Antitrust Suits

    Poultry giant Foster Farms has sued Everest National Indemnity Co. in California federal court, alleging that the insurer wrongfully refused to cover its defense costs in underlying class litigation accusing Foster and other poultry producers of fixing prices in the turkey market.

  • June 09, 2021

    NCAA Prez Hints Antitrust Suits Slowed Name, Image Reforms

    NCAA president Mark Emmert told federal lawmakers Wednesday "no good deed goes unpunished" in asking for limited antitrust protection to implement rules to allow athletes to benefit monetarily from their names, images and likenesses, noting the organization is already facing at least two lawsuits over its proposals to change such rules.

  • June 09, 2021

    SEC Launches Review Of Equity Market Rules

    U.S. Securities and Exchange Commission Chairman Gary Gensler said Wednesday that he had advised SEC staff to review equity markets rules to ensure investors are getting the best prices on trades and are not being slipped hidden costs by more sophisticated market players.

  • June 09, 2021

    Farmers Seek OK For $45M Deal In Peanut Sheller Dispute

    A group of farmers who accused three peanut-shelling giants of flattening the price growers are paid has urged a Virginia federal judge to give final approval to a $45 million settlement with Golden Peanut Co., the last defendant in the case.

  • June 09, 2021

    English Soccer Clubs Fined £22M For Breakaway Bid

    Six English soccer clubs on Wednesday were hit with a £22 million ($31 million) fine after rocking the sports world and sparking antitrust concerns when they announced plans to join a breakaway league in direct competition with the top European league.

  • June 09, 2021

    British Airways, Ryanair Probed Over UK Lockdown Refunds

    Britain's consumer protection watchdog announced a probe on Wednesday into whether British Airways PLC and Ryanair DAC broke the law by failing to refund passengers whose flights were canceled in 2020 because of COVID-19 lockdown restrictions.

  • June 08, 2021

    Another IHG Franchisee Sues Hotel Giant Over Vendor Deals

    A hotel franchisee has lodged a proposed class action against InterContinental Hotels Group in Ohio federal court, joining several other franchisees in suits claiming IHG forces them to buy overpriced and low-quality goods and services from its marketplace of mandated vendors.

  • June 08, 2021

    Senate Passes Massive Tech, Trade Bill Aimed At China

    The Senate on Tuesday approved a major bipartisan bill meant to fuel technological and economic competition with China with trade provisions and around $200 billion in funding for semiconductors, telecom equipment and scientific research.

  • June 08, 2021

    MDL Accusing Seed Cos. Of Price-Fixing Is Planted In Mo.

    The Judicial Panel on Multidistrict Litigation picked Bayer CropScience's home territory in the Eastern District of Missouri on Tuesday to host the two dozen consolidated cases accusing Bayer and other agricultural suppliers of fixing prices on crop inputs such as seeds and insecticides.

  • June 08, 2021

    Glenmark Says Glitch Calls For Supplement To DQ Testimony

    Glenmark filed an unusual supplement Monday to a hearing over the U.S. Department of Justice's bid to disqualify Morgan Lewis & Bockius LLP from representing the drugmaker in a price-fixing case, saying a technical glitch prevented a recording of Glenmark's waiver of any conflict of interest.

  • June 08, 2021

    NY Senate Advances Antitrust Reform Bill

    As Congress mulls updates to toughen federal antitrust law, the New York State Senate has advanced a landmark bill intended to strengthen the state's statute to help rein in large corporations, including technology companies, accused of abusing their dominant positions.

  • June 08, 2021

    Class Counsel Awarded $10M In Fees From $31M Keurig Deal

    A New York federal judge signed off Monday on a $10.3 million attorney fees award, plus $2.3 million in litigation costs, for plaintiff firms that negotiated a $31 million antitrust settlement with Keurig Green Mountain Inc. resolving claims the coffee giant monopolized the market for single-serve coffee packs.

  • June 08, 2021

    Ohio AG Sues To Declare Google Search A Public Utility

    Ohio's attorney general lobbed an unusual lawsuit at Google on Tuesday, asserting the technology giant should be treated as a common carrier forced to provide competitors equal access to its online search infrastructure.

  • June 08, 2021

    3rd Circ. Revives Trade Secrets Suit Against Aurobindo

    The Third Circuit revived a pharmaceutical laboratory's trade secrets lawsuit against a former executive and Aurobindo Pharma units on Tuesday, ruling that a district court applied an improperly heavy burden on the lab to establish the proprietary information at issue and show how it was misused.

  • June 08, 2021

    No Centralization Of Acthar Cases In Delaware Yet, JPML Says

    Pointing to uncertainty around Mallinckrodt ARD LLC's pending bankruptcy proceedings in Delaware, the U.S. Judicial Panel on Multidistrict Litigation deemed it "premature" on Monday to centralize a string of antitrust cases over the company's sales of the anti-seizure drug Acthar.

  • June 08, 2021

    Google Ends Auctions For EU Android Search Engines

    Google will stop requiring rivals to bid in order to be listed among the default search engines on European Android phones, following complaints that the company's previous efforts to address abuse of dominance claims brought by the bloc's competition enforcer were insufficient.

  • June 08, 2021

    Insurer Must Face Duke's Suit Over Antitrust Class Actions

    A North Carolina federal judge ruled Tuesday that an excess insurer must face Duke University's suit seeking coverage for two underlying antitrust class actions alleging the university suppressed faculty wages.

  • June 08, 2021

    Judge Takes Ill. City's Attys To Task For Mallinckrodt Filings

    A Delaware bankruptcy judge took counsel for an Illinois city to task for what he said were frivolous filings in the city's fight with drugmaker Mallinckrodt for allegedly inflating the price of its anti-seizure drug Acthar.

  • June 08, 2021

    Utilities Aim To Ease FERC's Fears Over SE Power Market Plan

    Utilities behind a proposed Southeast regional electricity market sought to overcome the Federal Energy Regulatory Commission's concerns about the potential for market power abuse by proposing more transparency measures in the plan.    

  • June 08, 2021

    Google Fights To Shield Algorithm Data In UK Antitrust Suit

    Google's lawyers fought on Tuesday to block an attempt by a shopping comparison website to widen the disclosure of confidential documents in its lawsuit that accuses the search giant of abusing its online search dominance.

  • June 07, 2021

    Cozen Adds Former KMA Transportation Partner To DC Office

    Cozen O'Connor has snagged a leading aviation attorney from KMA Zuckert LLC, the latest addition to the firm's transportation and trade practice in Washington, D.C., according to an announcement from the firm.

  • June 07, 2021

    Weil Overdid Merger Docs' Redactions, Rite Aid Investors Say

    Weil Gotshal & Manges LLP excessively redacted large swaths of its communications with Walgreens executives when turning over documents to Rite Aid investors suing over the companies' failed merger, an attorney for the investors told a Pennsylvania federal magistrate Monday.

  • June 07, 2021

    4 Firms Guide Vulcan's $1.3B U.S. Concrete Purchase

    Stone and gravel producer Vulcan Materials Co. said Monday it's buying U.S. Concrete Inc. in a nearly $1.3 billion deal guided by four law firms, including Wachtell Lipton Rosen & Katz and Gibson Dunn & Crutcher LLP.

  • June 07, 2021

    Food Delivery Apps Flouting NYC Fee Cap, Suit Claims

    Grubhub, DoorDash, Uber Eats, Postmates and Seamless were hit with a proposed class action on Monday, alleging that they've been "bleeding New York City's restaurants dry" throughout the coronavirus pandemic by imposing delivery service fees that exceed the city's 20% cap.

  • June 07, 2021

    7-Eleven Deal Catches FTC Divided And Off Guard

    When 7-Eleven Inc. wrapped its $21 billion purchase of the Speedway chain last month before the Federal Trade Commission finished its merger investigation, the bitterly and bizarrely divided commission could muster nothing more than a "strongly worded statement" from two members criticizing the companies and a rebuttal from the remaining members criticizing their colleagues' inaction.

Expert Analysis

  • 3 Approaches For Measuring Short Squeeze Trading Damages

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    In the ongoing multidistrict securities litigation over the impact of trading restrictions Robinhood imposed in response to January’s meme stock short squeeze, three proposed damages frameworks offer alternatives to the problematic approach of basing such estimates on lost trading opportunities, say consultants at Analytic Focus.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • 5 Current Ad And Marketing Legal Risks To Watch Out For

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    As companies respond to changing circumstances including the COVID-19 pandemic and ongoing social justice struggles, they should be aware of advertising, marketing and promotion practices that may increase scrutiny from regulators, competitors and class action plaintiffs, say Amanda Beane and Jason Howell at Perkins Coie.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • How Tech Race Bill Expands CFIUS Purview To Academia

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    A recently proposed bill that extends Committee on Foreign Investment in the United States oversight to certain foreign funding of U.S. academic institutions highlights policymakers’ view that higher education institutions are not exempt from ongoing policy and legal efforts to press the U.S.-China technology race, says Hdeel Abdelhady at MassPoint Legal.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • Shoring Up Compliance Amid Change In Antitrust Tack

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    Businesses should consider revisiting the relationship between antitrust compliance and enforcement leniency amid calls for stronger legislation that shifts more burden onto defendants, increases prosecutions and multiplies enforcement resources, say attorneys at White & Case.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

  • COVID Experiences Could Play Into Gas Price-Gouging Suits

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    Following the spike in gasoline prices from the Colonial Pipeline cyberattack, consumers and state regulators may draw on pandemic-related experiences to shape price-gouging claims, but businesses can do the same to ensure compliance with state laws and lay the foundation for a solid litigation defense, say attorneys at Proskauer.

  • Pa. Justices' Ruling Presents Big Hurdles For No-Poach Pacts

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    The Pennsylvania Supreme Court’s recent opinion that an employer no-poach agreement was unenforceable in Pittsburgh Logistics Systems v. Beemac Trucking will make future use of such contracts between businesses difficult, and seems to lean heavily toward an outright ban, says attorney Joseph Lincoln.

  • Courts Are Aligning Patent Fraud, Inequitable Conduct Claims

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    Case law from the decade since the Federal Circuit decided Therasense v. Becton Dickinson reveals that courts are largely offering equivalent treatment to claims alleging enforcement of fraudulently obtained patents in antitrust cases and inequitable conduct claims in infringement cases, say Anne Brody at Gibson Dunn and Elisabeth Ponce at AlphaSights.

  • Series

    Judging A Book: Rodriguez Reviews 'When Machines Can Be Judge'

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    Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.

  • 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

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    A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

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