Competition

  • June 28, 2022

    Fla. Legal Services Co. Says Ex-Partner Stole Trade Secrets

    Legal services company Veritas Legal Plan Inc. has accused a former business partner in a Florida federal court of illegally using its training, documents and customer list to become a competitor.

  • June 28, 2022

    Google May Face Antitrust Probe After Danish Job Biz Row

    A Danish job search company has urged European antitrust regulators to investigate Google for allegedly abusing its market position to unfairly dominate the job advertising space, accusing the tech giant of the same practice for which it has already been fined billions of euros.

  • June 27, 2022

    As Opioid Trial Ends, Judge Jokes Of 'Generous' Time Limits

    A San Francisco federal judge who put strict time limits on a bellwether bench trial in multidistrict opioid litigation noted Monday that both sides wrapped up their cases within their allotted 45 hours, prompting him to wonder to courtroom chuckles if he "was just too generous."

  • June 27, 2022

    Gold Price-Fixing Deal Could Imperil Other Claims, Court Told

    An investor suing Scotiabank for alleged precious metals futures spoofing is objecting to a proposed $50 million settlement that would end a separate gold price-fixing case against the bank and other financial institutions, telling a New York federal judge that the deal's release of claims should be narrowed.

  • June 27, 2022

    Apple Rival Blasted For 'Defective And Unnecessary' Brief

    A California federal judge took a would-be Apple App Store competitor to task for a "procedurally defective" bid to tweak a ruling that tossed chunks of its monopolization lawsuit over Apple policies locking rivals out of the iPhone.

  • June 27, 2022

    Google Fights App Users' Class Cert. Bid In Antitrust Row

    A month after announcing a settlement to resolve app developers' antitrust claims, Google wants to escape allegations that its policies inflate the cost of apps on its Play Store, accusing a group of consumers seeking class certification of "misconstruing evidence and brushing aside competitive realities."

  • June 27, 2022

    Cable Group Wants Retransmission Conditions On Tegna Deal

    A major cable TV trade group has called on the Federal Communications Commission to prevent Tegna's potential new owners from wielding too much leverage in broadcast retransmission talks if their proposed $8.6 billion takeover of the broadcasting giant succeeds.

  • June 27, 2022

    No-Poach Case Nears Plea In Would-Be 1st DOJ Win

    A health care staffing company and its former regional manager indicated Friday that they were nearing a Nevada federal court plea deal for allegedly scheming to suppress wages for Las Vegas school nurses, a resolution that would be the U.S. Department of Justice's first successful criminal prosecution of labor-side antitrust violations.

  • June 27, 2022

    UK Watchdog Ends Probe Of Vet Merger After Sale Promised

    The U.K.'s competition enforcer will not deepen its investigation into the completed £20.4 million ($27.8 million) acquisition of a veterinary chain after the buyer agreed to unload the business in response to the agency's concerns about the tie-up.

  • June 27, 2022

    Justices Sit Out Apple's PTAB Standing Saga

    Justices on the U.S. Supreme Court on Monday declined to hear an appeal from Apple on the issue of standing to appeal Patent Trial and Appeal Board rulings, even though the case had received endorsement from tech companies and lawmakers including Sen. Patrick Leahy.

  • June 27, 2022

    Humana Wants To Add Federal Antitrust Claims To Zetia Case

    Humana Inc. asked a Virginia federal court for permission to add claims under federal antitrust law to its case accusing Merck and Glenmark of scheming to delay generic forms of the cholesterol drug Zetia.

  • June 27, 2022

    Frontier Urges Spirit Investors To Approve $6.6B Merger

    Frontier Airlines Inc. published an open letter to Spirit Airlines investors Monday, urging them to approve the $6.6 billion merger between the two companies at a special shareholder meeting this week and reject the "opportunistic" bid from JetBlue for Spirit.

  • June 24, 2022

    Costco Can't Subpoena Itself To Use Chicken Docs In Arb.

    An Illinois federal magistrate judge refused Thursday to let Costco Wholesale Corp. "circumvent" confidentiality protections for documents in a sprawling antitrust lawsuit accusing major chicken producers of price-fixing, documents Costco wanted to use in parallel arbitration against Tyson Foods Inc.

  • June 24, 2022

    DOJ Approves Dish And T-Mobile's Network Shutdown Deal

    The U.S. Department of Justice has signed off on an agreement between T-Mobile and Dish that updates the terms related to Dish's use of the telecommunications giant's wireless network, the companies indicated in Thursday filings with the U.S. Securities and Exchange Commission.

  • June 24, 2022

    Duke Energy $59M Contract Dispute Slimmed, Heads To Trial

    A federal judge on Friday said a dispute over terms of a soured $59 million contract between Duke Energy Corp. and a competitor in the Carolinas must go to trial, holding that the suit requires a careful evaluation of the facts.

  • June 24, 2022

    Dr. Reddy's Gets $72M In Generic Suboxone Settlement

    Indivior, Aquestive and Dr. Reddy's Laboratories have ended their yearslong litigation battle over generic versions of the opioid addiction treatment Suboxone, with the Indian drugmaker on Friday saying it will receive $72 million by April 2024.

  • June 24, 2022

    Attys Seek $66M Fee In $160M Capacitor Maker Antitrust Deal

    Attorneys for a class of direct purchasers of capacitors asked a California federal court Thursday to approve $66 million in fees as a part of a proposed settlement in which Nippon Chemi-Con and its U.S. subsidiary would pay $160 million to end antitrust claims.

  • June 24, 2022

    Retailers Cut Midtrial Deal With Impax In Opana Delay Case

    Well into an antitrust trial over an alleged pay-for-delay scheme surrounding Endo Pharmaceuticals' Opana ER painkiller, a group of major retail chains cut a midtrial settlement Friday with Impax Laboratories, one of the defendants in the wide-ranging case.

  • June 24, 2022

    Feds Say Contractors Duped US Out Of $7M With Sham Bids

    A military contractor and three individuals are accused of conning the government out of more than $7 million through an elaborate scheme involving bogus quotes from competitors that ensured theirs was the lowest bid, federal prosecutors in Georgia said Thursday.

  • June 24, 2022

    Contractors Cop To Rigging Bids On Major Construction Deals

    The antitrust enforcer said on Friday that it has provisionally found that contractors plotted to rig the bidding process for several construction deals worth over £150 million ($184 million), for work at places including a famous London department store and the University of Oxford.

  • June 24, 2022

    Supreme Court Overturns Roe v. Wade

    The U.S. Supreme Court on Friday upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country.

  • June 24, 2022

    4 Firms Steer Zendesk's $10.2B Buyout By Investor Group

    Zendesk said Friday it plans to be bought by a group of investors, led by private equity firms Permira and Hellman & Friedman LLC, in a go-private deal that values the software company at about $10.2 billion, with help from four law firms.

  • June 24, 2022

    UK Signals OK For Cobham's £2.6B Defense Co. Takeover

    The British government has signaled its approval of the planned £2.57 billion ($3.16 billion) acquisition of defense manufacturer Ultra Electronics by Cobham, a private equity-backed technology company.

  • June 24, 2022

    Euclid Law Hires Antitrust Pro To Head Brussels Office

    Euclid Law Ltd. has hired Andrea Zulli as a partner from Covington & Burling LLP to lead its Brussels office as the competition boutique looks to increase its visibility in the market after Brexit.

  • June 23, 2022

    Cable Biz Says Case For Common Carrier Regs Has 'Vanished'

    A cable industry group said Thursday that a new study showing a healthy spread of competition in the U.S. broadband marketplace should help defuse the ongoing push for common carrier regulation that would limit internet service providers' ability to favor some internet traffic over other traffic.

Expert Analysis

  • Addressing Low Response Rates In Expert Surveys

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    While expert witnesses are receiving dwindling responses to the surveys they conduct to gauge public beliefs and attitudes, recent cases show that a low response rate need not make a survey inadmissible in court, say Kristen Backor and Yamimi Jena at Charles River Associates, and Brandon Duke at Winston & Strawn.

  • Knotty FTC Adjudication Risks Becoming Even More Tangled

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    Following last year's U.S. Supreme Court decision in AMG, the Federal Trade Commission has pivoted to litigation in its own administrative tribunal, and the odds are stacked against FTC targets in these lightning speed proceedings, which has raised due process questions and the specter that these actions could be significantly reshaped through the courts, say attorneys at Covington.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

  • Lessons For Gov't Contractors Amid Increased Antitrust Risk

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    A review of recently ramped-up Procurement Collusion Strike Force enforcement yields important lessons for government procurement companies, which are particularly susceptible to anti-competitive risks, on corporate antitrust awareness and robust compliance, say Rachel Guy and James McGinnis at Sheppard Mullin.

  • Commerce Tariff Memo Helps Dispel Clouds For US Solar Cos.

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    Solar suppliers and developers face numerous uncertainties due to the U.S. Department of Commerce's investigation into whether photovoltaic cells imported from Southeast Asian countries are circumventing anti-dumping and countervailing duty orders against cells from China — but a recent department memorandum provides some clarification, say attorneys at McDermott.

  • Nev. Case Highlights Settlement Authority Dilemmas For Cos.

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    A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

  • Finding Uninjured Consumers In Drug Antitrust Class Actions

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    In recent pharmaceutical antitrust class actions with highly aggregated economic models reliant on the use of averages, the presence of uninjured class members can be hard to discern, but careful analysis can identify them — and can ultimately lead to decertification of the class, say George Korenko and Tram Nguyen at Edgeworth Economics.

  • Can And Should A Court Limit Repeated Retrials?

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    The existing state of U.S. law on the issue of repeated retrials is neither settled nor satisfactory, and a recent federal prosecution of chicken industry executives for alleged price-fixing raises the question of whether there should be some limit on the number of retrials following hung juries, says Steven Gordon at Holland & Knight.

  • The Fastest Federal Trial Courts: A Look At Virginia, Florida

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    The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

  • Tips For Evaluating Machine Learning For Contracts Review

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    Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

  • How To Efficiently Deploy Your Professional Growth Strategy

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    Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

  • Opinion

    Biden Should Act Now To Finalize SEP Draft Policy Statement

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    In the wake of the public comment period on proposed revisions to standard-essential patent policy, which revealed overwhelming support for the changes, the Biden administration should finalize the draft statement, says Brian Scarpelli at ACT | The App Association.

  • A 6-Step Framework For Legal Industry Professional Growth

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    Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.

  • Why Contempt May Be Apt Punishment For High Court Leaker

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    Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.

  • Assessing Litigation Uses Of USPTO 5G Development Study

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    Jonathan Putnam at Competition Dynamics evaluates the arguments for and against studies like the U.S. Patent and Trademark Office's recent examination of 5G developers' patent activities, analyzing whether such assessments are reliable for litigation.

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