Competition

  • August 12, 2019

    Jackson Lewis Nabs Sex Harassment Litigator From Littler

    As the #MeToo movement changes the face of employment law, attorneys with experience defending employers against sexual harassment allegations are in demand in Silicon Valley, which is one reason Jackson Lewis PC just opened an office there and helmed it with an experienced sexual harassment litigator nabbed from Littler Mendelson PC.

  • August 12, 2019

    Sprint, T-Mobile Tell FCC It's Time To Act On Merger Review

    Sprint and T-Mobile pressed the Federal Communications Commission to ignore calls to defer its decision on the companies' planned $56 billion combination, as the carriers declared Monday "it is time for the commission to act."

  • August 12, 2019

    Outsiders Defend Calif. Class Action Law In Qualcomm Appeal

    Advocacy groups and academics have assailed Qualcomm for trying to duck certification of an antitrust class estimated at 250 million U.S. consumers, telling the Ninth Circuit in amicus briefs that the chipmaker was attempting to “manufacture a policy conflict among state antitrust laws” to evade application of California law to a national class.

  • August 12, 2019

    Richmond, Va., Escapes Ambulance Co.’s Antitrust Suit

    A Virginia federal court has found that the city of Richmond, Virginia, is immune from a contractor’s claims that the city has stifled competition for providing nonemergency transportation services to the local U.S. Department of Veterans Affairs medical center.

  • August 12, 2019

    Pharmas Seek Separate Fraud, Antitrust Trials In Loestrin MDL

    Warner Chilcott and Watson Pharmaceuticals pressed a Rhode Island federal judge last week to split Loestrin buyers' fraud and antitrust claims into two separate trials, arguing that a jury would be confused if all of the allegations were thrown at them in one proceeding. 

  • August 12, 2019

    Industrial Wholesaler Says Rival Is Locking It Out Of Industry

    A company that serves as a middleman between manufacturers and distributors of professional industrial products is being strong-armed out of the market by its much bigger rival, it told a Texas federal court.

  • August 09, 2019

    Humana Says Acthar's Meteoric Price Hike Cost It $700M

    Mallinckrodt ran "one of the most outrageous price-gouging schemes in the history of American medicine" on its hormone gel used primarily to treat an infant seizure syndrome, according to a new suit filed by Humana, which says the scheme has cost it more than $700 million. 

  • August 09, 2019

    Zetia Buyers' Pay-For-Delay Lawsuits Will Press On

    Merck and Glenmark weren't able to shut down Zetia buyers' pay-for-delay litigation on Friday, though a Virginia federal judge agreed to pare the claims lodged by retailers and end-payors that bought the cholesterol medication.

  • August 09, 2019

    Investors Want UK Traders To Testify In Last Leg Of Forex Suit

    Investors that have secured $2.3 billion in settlements over claims that big banks plotted to rig the foreign exchange markets are seeking testimony from three United Kingdom traders as they take aim at Credit Suisse, the only bank yet to settle.

  • August 09, 2019

    Mushroom Farm Wants Out Of Winn-Dixie Price-Fixing Suit

    Winn-Dixie didn't properly notify a mushroom farm about its price-fixing allegations, so the farm should be dismissed from the grocery store chain's lawsuit, Franklin Organic Mushrooms told a Pennsylvania federal court.

  • August 09, 2019

    4 More Chains Cut No-Poach Deals With Wash. AG

    The Washington state attorney general's office has said four more corporate chains have agreed to stop using no-poach provisions in their franchise agreements, raising the total number of companies to swear off the terms in deals with the office to 66.

  • August 09, 2019

    Comcast, AT&T Get Sought T-Mobile/Sprint Info Locks

    Comcast and AT&T have persuaded a New York federal judge to impose stricter safeguards for their sensitive business information submitted in the state attorneys generals' case challenging T-Mobile's purchase of Sprint, with the judge upping the level of protection from what the merging companies had proposed.

  • August 09, 2019

    Court OKs $65.8M Deal In Cephalon Pay-For-Delay Suit

    A Pennsylvania federal judge has given an early green light to a total of $65.8 million in settlements to end class action claims that Cephalon paid generic-drug makers to keep a cheaper version of the narcolepsy drug Provigil away from drug counters.

  • August 09, 2019

    Providers Take Another Stab At Syringe Antitrust Suit

    Three health care providers urged the Seventh Circuit Thursday to reject a “baseless attempt” by Becton Dickinson & Co. to expand the U.S. Supreme Court's landmark Illinois Brick ruling and instead revive its class action against Becton and other distributors they say illegally jacked up prices on syringes and catheters.

  • August 09, 2019

    Texas Says It Won't 'Acquiesce' To Tobacco Co. In $125M Rift

    Texas has urged a federal judge to force ITG Brands LLC and R.J. Reynolds to fork over documents about ITG's 2015 acquisition of Reynolds' cigarette brands so it can proceed in its suit seeking $125 million for costs related to a settlement over tobacco-related health issues.

  • August 09, 2019

    Kessler Topaz Must Wait On VIX Manipulation MDL Top Spot

    An Illinois federal judge on Thursday brushed back a bid by Kessler Topaz to be reappointed as co-lead counsel in multidistrict litigation over the alleged manipulation of the Chicago Board Options Exchange's volatility index, saying it must remain on the plaintiffs' steering committee at least for now.

  • August 09, 2019

    Adviser Claims Ex-Employee Stole Client Info For New Firm

    Mercer Advisors Inc. sued one of its former client managers in New York state court on Thursday, alleging that he admitted to taking confidential client information to his next post at competitor Mission Wealth Management LP.

  • August 08, 2019

    Pork Buyers See Tyson Price-Fixing Claims Axed, For Now

    Smithfield, Tyson and other major pork producers scored a large win Thursday when a Minnesota federal judge dismissed without prejudice a consolidated class action brought by three groups of meat purchasers that accused the companies of conspiring to increase the price of pork products.

  • August 08, 2019

    Comcast, AT&T Call Info Locks In Sprint-T-Mobile Too Narrow

    Comcast, AT&T and others urged a New York federal judge Wednesday to impose more stringent safeguards for their sensitive business information submitted in the state attorneys general case challenging T-Mobile's purchase of Sprint, arguing the protections currently proposed use a definition of confidential data that's "unusual and unreasonably narrow."

  • August 08, 2019

    Panasonic Says New Complaint Could Drag Out Antitrust Suit

    Panasonic and several other electronics makers fighting antitrust claims from parts buyers are asking a California federal judge to keep the buyers from amending their suit until the court first decides whether to zap the case.

  • August 08, 2019

    Russia’s Antitrust Agency Probing Apple App Store

    Russia’s antitrust enforcer said Thursday that it is investigating Apple Inc. for abuse of dominance after a developer complained that its parental control app had to be stripped of key features when the Silicon Valley giant rolled out its own application for tracking screen time.

  • August 08, 2019

    CVS Aiming To Shake RxStrategies' Tying Claim For Good

    CVS Pharmacy Inc. and its 340B Drug Pricing Program administrator Wellpartner LLC are again asking a Florida federal judge to shut down a rival administrator's allegation that the pair is engaging in unlawful tying, arguing that the competitor's latest claim is still too vague.

  • August 08, 2019

    Australia Says Cheese Co. Merger Smells Kind Of Funny

    Australia’s competition authority said Thursday that it's worried about a Canadian dairy company's plan to snap up the cheese business of a Tasmanian competitor, which it says could hurt dairy farmers on the remote island.

  • August 08, 2019

    Both Sides Lose Bids To Jolt Judgment In 5-Hour Energy Suit

    A California federal judge has denied both sides’ moves to score wins in a lawsuit by wholesalers claiming the maker of 5-Hour Energy plays favorites with Costco through pricing and discounts, saying it’s not yet clear the plaintiffs compete with the bulk-goods giant.

  • August 08, 2019

    Italy Hits Cardboard-Makers With €287M In Antitrust Fines

    Italy's antitrust enforcer fined the main corrugated cardboard manufacturers in the country and an industry association a total of €287 million ($321.7 million) for price fixing and other coordinated activity.

Expert Analysis

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Biosimilar Patent Litigation Bill Would Change BPCIA Strategy

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    If passed, the Affordable Prescriptions for Patients Act will limit the number of patents that can be raised in litigation under the Biologics Price Competition and Innovation Act, with significant repercussions for biosimilar applicants deciding whether to engage in a patent dance, say attorneys at Paul Hastings.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • Misconceptions In The Debate About Noncompetes

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    The scope of noncompete abuses needs to be put in context, so policymakers can understand how widespread the problem actually is and how to properly tailor any legislation, says Russell Beck of Beck Reed.

  • China's Take On Take-Or-Pay, Most-Favored-Nation Clauses

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    The recent Eastman decision is the first time that China's anti-monopoly authority analyzed the competition problems of take-or-pay and most-favored-nation clauses, and provides some compliance reminders, say attorneys at Tian Yuan Law Firm.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

  • M&A Checklists Should Include State-Level Antitrust Review

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    In light of recent lawsuits, every M&A attorney in the country should be aware that state attorneys general can and will use state antitrust laws to block the anti-competitive effects of nationwide mergers when local-market effects warrant action, say Seth Belzley and David Kully of Holland & Knight.

  • Q&A

    A Chat With Ballard Spahr Diversity Chief Virginia Essandoh

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    In the final installment of this monthly series, legal recruiting expert Carlos Pauling from Major Lindsey & Africa talks with Virginia Essandoh about the trends and challenges she sees as chief diversity officer at Ballard Spahr.

  • Series

    Judging A Book: McMahon On 'Roosevelt For The Defense'

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    In "Theodore Roosevelt for the Defense," authors Dan Abrams and David Fisher meticulously chronicle the forgotten high-profile 1915 libel trial of Teddy Roosevelt, capturing the interesting legal customs of an era before things like notice pleading and pretrial discovery, says Chief U.S. District Judge Colleen McMahon of the Southern District of New York.

  • Occupational License Laws May Hurt Health Care Competition

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    Though occupational licensing regulations and scope-of-practice laws help to maintain health care quality, they may also increase barriers to entry, which reduces competition and exacerbates provider shortages and rising health care costs, say experts at Analysis Group.

  • 2 E-Discovery Takeaways From FTC V. Qualcomm

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    The recent Federal Trade Commission v. Qualcomm antitrust trial provides two very good reasons to make sure your e-discovery strategy is coordinated with your trial strategy from the start of the case, say Gareth Evans and Ben Barnes of Redgrave.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

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