Competition

  • June 17, 2022

    The Law360 400: Tracking The Largest US Law Firms

    As the legal market adjusted to pressures of a global pandemic and saw demand for complex legal services soar, many law firms spent 2021 locked in a fierce war for talent to meet ever-expanding client needs.

  • June 17, 2022

    Will BigLaw Regret Its Hiring Spree As The Economy Softens?

    The largest 200 law firms in the U.S. boosted their headcount by an average of 5.6% in 2021 — the steepest increase in five years, according to the Law360 400. Here's a look at what those numbers mean and where firms may be headed if the economy slows in the coming year.

  • June 17, 2022

    T-Mobile's Merger With Sprint Hurt All Phone Bills, Suit Says

    T-Mobile's $26 billion merger with Sprint has cost Verizon and AT&T users "billions" thanks to declining competition, according to a putative antitrust class action filed in Illinois federal court Friday against T-Mobile, Deutsche Telekom AG and SoftBank Group Corp.

  • June 17, 2022

    Costco Reaches Deal With Creditors, Banks In Swipe Fee MDL

    Costco told a New York federal court Friday that it has reached a deal to end its direct action claims in 17-year-old multidistrict litigation accusing Visa, Mastercard and several banks of jointly maintaining a series of anti-competitive rules that cause merchants to pay high transaction fees.

  • June 17, 2022

    Google Can't Ask About Default Search Contracts With Rivals

    A D.C. federal judge refused Friday to force the Justice Department to answer additional questions about its views on the web of contracts keeping Google as the default search on smartphones, questioning why it matters if the government would consider those deals illegal if struck by other providers.

  • June 17, 2022

    EU Approves Ali Group's $4.8B Welbilt Deal With Ice Biz Sale

    European enforcers gave a green light to Ali Group's planned $4.8 billion acquisition of Welbilt Inc. after the food service equipment suppliers agreed to unload a global ice machine business, the same fix being mulled by other competition agencies.

  • June 17, 2022

    Generic Co. Asks Fed. Circ. To Undo Loss In Takeda IP Fight

    Lupin Pharmaceuticals Inc. is urging the Federal Circuit to reverse a decision that its abbreviated new drug application for a proposed generic infringes one of three patents covering Takeda's antidepressant drug Trintellix, saying the district court erred in construing a key claim term.

  • June 17, 2022

    FTC Touts Labor As It Reviews Microsoft's Activision Deal

    Federal Trade Commission Chair Lina Khan affirmed the agency's commitment to scrutinizing mergers for their potential impact on labor markets after lawmakers urged enforcers to consider how Microsoft's $68.7 billion bid for Activision Blizzard would affect workers.

  • June 17, 2022

    UK Class Action Regime Breaks Ground With 1st Opt-In Suit

    An antitrust tribunal has given the go-head for a £2 billion ($2.4 billion) claim over a price-fixing cartel, granting the U.K.'s first ever opt-in class action. But experts are skeptical the landmark decision will prompt a rush of actions that require claimants to sign up.

  • June 17, 2022

    Tobacco Cos. Want Stay Lifted On $11M Bond In TM Case

    Top Tobacco LP and Republic Technologies LLC are asking a Georgia federal court to lift a stay on an order directing a wholesaler to secure a bond while he appeals an $11 million judgment over counterfeit rolling papers, saying the wholesaler is trying to deprive them of the judgment by failing to get the bond.

  • June 17, 2022

    Veolia Proposes Sale Of Suez's UK Waste Biz After CMA Probe

    Water and waste management company Veolia Environnement SA said it will sell all the waste business in the U.K. belonging to Suez SA — the company it acquired in 2021 — after it could not receive a green light for the merger from the country's competition watchdog.

  • June 16, 2022

    Yale Law Prof Defends Allergan In SF Opioid Trial

    A Yale University law professor — the final live defense witness in a bellwether opioid bench trial in San Francisco — testified Thursday that Allergan entities were not responsible for the conduct of Alpharma, a company that had owned a branded opioid called Kadian that Allergan later acquired.

  • June 16, 2022

    FTC Sinks 2nd Hospital Deal In A Week, This Time In Utah

    Utah health care competitors HCA Healthcare and Steward Health Care System called off their planned merger Thursday, according to the U.S. Federal Trade Commission, marking the second hospital deal in a week to fall through following the announcement of an FTC challenge.

  • June 16, 2022

    Meta Says TikTok Parent Co. Has Key Docs To Fight FTC

    Meta asked a D.C. federal judge Thursday to help it subpoena the Chinese parent companies of TikTok and WeChat, arguing their U.S. affiliates do not have all the information the Facebook parent needs to rebut Federal Trade Commission allegations of a largely uncontested monopoly.

  • June 16, 2022

    FTC Warns Drugmakers, Middlemen Over Rebates

    The Federal Trade Commission issued a policy statement warning drug companies and pharmacy benefits managers that enforcers are looking to go after rebates and other pricing schemes the agency said block patients' access to cheaper medications.

  • June 16, 2022

    DOJ Calls Baseball's Antitrust Exemption 'An Aberration'

    The U.S. Department of Justice has waded into a suit from minor league teams that lost their affiliations with Major League Baseball clubs, urging a New York federal court to view baseball's antitrust exemption narrowly and noting that the exemption is based on a rationale that has already been discredited by the U.S. Supreme Court.

  • June 16, 2022

    EU High Court Upholds €116M Disk Drive Cartel Fines

    Europe's top court upheld the full €116 million ($123 million) in fines lobbed against the likes of Sony and Quanta on Thursday for conspiring to rig bids for Dell and Hewlett-Packard's business, even as it faulted antitrust enforcers for not giving the electronics companies sufficient notice to defend themselves.

  • June 16, 2022

    CVS Can't Force Drug Pricing Suit Into Arbitration

    A Rhode Island federal judge denied CVS' bid to force into arbitration one of several suits by insurers accusing it of fraudulently inflating drug reimbursement rates, rejecting the pharmacy chain's argument that those claims are subject to a recently discovered arbitration agreement.

  • June 16, 2022

    6th Circ. Says Sanctions Fall On Lawyers But Not Their Firm

    The Sixth Circuit agreed Wednesday that a group of California lawyers should pay a $224,800 sanction for misconduct in a softball league franchise dispute but that their Los Angeles law firm could not also be on the hook for the bill.

  • June 16, 2022

    Sherwin-Williams Denied Do-Over On PPG Can Coating IP Suit

    The Sherwin-Williams Co. can't get a new trial or a judgment overruling a jury's finding that its patents for an aluminum can coating were invalid because PPG Industries invented it first, a Pennsylvania federal judge ruled.

  • June 15, 2022

    SF Opioid Crisis Not From Allergan's Market Share, Judge Told

    An economics expert for Allergan testified Wednesday in a bellwether opioid bench trial that the "extremely small" market share and promotion done for the company's two branded opioids could not have substantially contributed to San Francisco's opioid crisis.

  • June 15, 2022

    Dems Want TD Bank Deal Put On Ice Over 'Abusive Practices'

    Sen. Elizabeth Warren, D-Mass., and several House Democrats are calling on the Office of the Comptroller of the Currency to hold off on approving TD Bank's proposed $13.4 billion purchase of First Horizon amid accusations of account-related abuses at the Canadian bank. 

  • June 15, 2022

    Microsoft Scores Win In Cloud Technology Trade Secrets Case

    Microsoft can escape most of a trade secrets lawsuit over its cloud-based technology after a Washington federal judge on Wednesday ruled that there was a valid licensing agreement between the parties involved in the dispute.

  • June 15, 2022

    DaVita Must Return Rather Than Destroy No-Poach Docs

    A Colorado federal judge on Wednesday ordered DaVita to return rather than destroy confidential documents produced by the U.S. Department of Justice in its failed criminal no-poach case against the dialysis giant, giving a minor win to follow-on civil plaintiffs who hoped the documents would be preserved for possible use in their litigation.

  • June 15, 2022

    Zuora Says Ex-VP Can't Have Co.'s Secrets And His Fees Too

    A departing executive's final two weeks at Zuora Inc. became the focus of his advancement suit in the Delaware Chancery Court on Wednesday, with the cloud-subscription company arguing it had told him not to work and that he had used that time to steal confidential data, putting him on the hook for his own legal fees.

Expert Analysis

  • As Cyber Risks Surge, Remember Attorneys' Ethical Duties

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    The prevalence of remote work and a greater threat of Russian cyberattacks should serve as a stark reminder of a lawyer's professional obligations to guard against unauthorized disclosure of client information and to protect client interests in the event of a cyberattack, says Alvin Mathews at Ulmer & Berne.

  • Opinion

    Rule 702 Proposal Would Bring Clarity To Expert Admissibility

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    Proposed amendments to Federal Rule of Evidence 702 will, if approved, clarify the standards governing admissibility of expert testimony in criminal and civil cases, minimize the potential that a jury is swayed by unreliable testimony, and establish courts as gatekeepers, say attorneys at Pillsbury.

  • Rethinking E-Discovery Readiness Amid Rise Of Collab Tools

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    Online collaboration platforms and instant messaging tools are quickly becoming the primary mode of internal business communications, leading to disputes around discoverability of data on these platforms and underscoring the need for new preservation processes to ensure compliance with discovery obligations, say Jay Carle and Ryan Tilot at Seyfarth.

  • German Review Of Meta Deal Signals Greater Involvement

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    The German Federal Cartel Office's recent involvement in Meta's Kustomer acquisition signals the likelihood of more independent FCO reviews for target companies that process data of German end users, even in absence of a direct business relationship with these end users, say Daniel Wiedmann and Daniel Hoppen at Poellath.

  • Series

    Embracing ESG: Uber Counsel Talks Safety Standards

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    Katie Waitzman at Uber discusses how in-house counsel can use environmental, social and corporate governance principles to bridge risk and innovation, as exemplified by the company’s recent women’s safety initiatives.

  • Opinion

    Prospectively Appointing Jackson To High Court Is Unlawful

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    President Joe Biden should rescind his prospective appointment of Judge Ketanji Brown Jackson to the U.S. Supreme Court as the decision contradicts the court's reasoning in Marbury v. Madison, raises gravely troubling issues regarding presidential discretion and brings a serious question about her legitimacy as a justice, says attorney John Reeves.

  • Opinion

    Is Music Industry Consolidation The Next Big Antitrust Fight?

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    As regulators and musicians alike question the music industry's business practices, and with three conglomerates controlling both the major labels and major music publishers, the incentives for companies to boost profits by promoting the songs whose copyrights they fully control raise serious antitrust concerns, says Gerard Scimeca at Consumer Action for a Strong Economy.

  • Perspectives

    Time To Fix Legal Industry's Environmental Pro Bono Problem

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    As we observe Earth Month, it's sobering to note that pro bono environmental law work lags behind other practice areas — but the good news is that there are numerous organizations that can help lawyers get connected with environment-related pro bono projects, says Matthew Karmel at Riker Danzig.

  • Remembering An Underappreciated Legal Skill — Listening

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    Education around listening skills is often neglected amid the dominance of visual media and written communication, and failed lawyering often comes down to an inability to listen accurately, so educators and law firms must prioritize the skill in their training programs, says James Flynn at Epstein Becker.

  • Consumer Protection Takeaways From ABA Antitrust Meeting

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    Following a discussion of trends in consumer protection enforcement priorities at the American Bar Association's recent Antitrust Law Spring Meeting, companies can expect that the Federal Trade Commission will continue to test new ways of obtaining monetary relief, and that the agency will continue working with states to seek penalties, say attorneys at Perkins Coie.

  • Fighting Competitors' Smear Campaigns With False Ad Laws

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    Recent reports that Facebook's parent company hired a prominent political consulting firm to plant negative stories about TikTok reflect a growing trend of companies using sophisticated media strategies to undermine competitors — but laws against false advertising may provide legal remedies to businesses facing this type of campaign, says Christopher Cole at Crowell & Moring.

  • M&A Takeaways From ABA Antitrust Meeting

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    The American Bar Association's recent Antitrust Law Spring Meeting highlighted current and proposed progressive merger enforcement reforms — some of which could raise due process concerns and jeopardize the legitimacy of future enforcement actions, say attorneys at Perkins Coie.

  • Attorneys Can Promote Trade, Security Amid Global Conflict

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    As nations take sovereign action to fight Russia’s aggression against Ukraine and the international rule of law, attorneys can combine their legal and business tools to help the global systems of trade and security in these troubled times, say Thomas Grant at Cambridge University and Scott Kieff at George Washington University.

  • Mitigating Antitrust Risk In Decentralized Autonomous Orgs

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    Online communities that jointly control cryptocurrency wallets to pursue common goals — known as decentralized autonomous organizations — may promise pro-competitive benefits, but their nature makes remediation of antitrust violations more challenging, and the design phase is crucial for addressing potential violations, say Susannah Torpey and Blake Pittell at Winston & Strawn.

  • Series

    The Future Of Legal Ops: Reining In Outside Counsel Costs

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    In-house legal departments are under increasing pressure to control spending on outside counsel, but traditional cost-cutting methods — law firm panels, alternative fee arrangements and alternative legal service providers — are limited, making it necessary to establish a more competitive law firm engagement process, say John Burke and Vincenzo Purificato at UBS.

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