Competition

  • June 01, 2021

    3 Firms Drive $5.3B Cloudera Take-Private Deal

    Data cloud company Cloudera will go private in a roughly $5.3 billion deal with Clayton Dubilier & Rice and KKR, the trio said Tuesday, with guidance from Latham & Watkins, Kirkland and Debevoise.

  • May 28, 2021

    Law360 Names 2021's Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2021, our list of 180 attorneys under 40 whose legal accomplishments transcend their age.

  • May 28, 2021

    Vegas Paper Can't Yet Appeal Order In Adelson Antitrust Case

    A Nevada federal court will not let the Las Vegas Review-Journal immediately appeal its bid to toss antitrust claims alleging the daily newspaper formerly owned by deceased billionaire Sheldon Adelson is trying to drive its rival, the Las Vegas Sun, out of business.

  • May 28, 2021

    Senate Punts On Massive Tech, Trade Bill Aimed At China

    The Senate on Friday unexpectedly postponed final action on a major bipartisan bill with more than $200 billion meant to fuel technological and economic competition with China.

  • May 28, 2021

    Eli Lilly Gets More Time To Respond To HHS Letter

    An Indiana federal court extended the deadline for Eli Lilly to respond to the U.S. Department of Health and Human Services' letter warning it would be fined unless it begins offering discounts to certain pharmacies working with hospitals in low-income areas.

  • May 28, 2021

    Amazon's MGM Buy Fuels Streaming Wars, Irks Lawmakers

    Amazon's $8.45 billion acquisition of MGM Studios underscores that the streaming wars are in full effect while foreshadowing further consolidation in the media and entertainment sector, and although the deal is unlikely to be blocked, lawmakers are clearly uneasy about Amazon's unchecked growth.

  • May 28, 2021

    Top 3 Groups Lobbying The FCC

    Policy requests heated up at the Federal Communications Commission during the month of April as lobbyists presented dueling perspectives on whether Verizon should be allowed to acquire prepaid mobile brand TracFone and offered input on how a COVID-19 relief program for student connectivity should shape up.

  • May 28, 2021

    Video Games Are Latest Antitrust Target But May Not Be Last

    Following a template set by Epic Games' lawsuit against Apple, plaintiffs firms have opened new antitrust fronts against closed digital ecosystems by targeting two of the world's largest video game platforms.

  • May 28, 2021

    Samsung's LCD Cartel Claim Against LG Tossed In UK

    A London judge has thrown out Samsung's bid to recover a portion of a price-fixing settlement relating to LCD panels from LG Display, after concluding that the dispute does not belong in England.

  • May 28, 2021

    EU Renews €6.5M Fine On ICAP Over Yen Derivatives Cartels

    The European Commission said on Friday that it has fined ICAP €6.45 million ($7.83 million) after finding that the British interdealer broker took part in a cartel linked to yen-denominated interest-rate derivatives.

  • May 27, 2021

    Senate Adds Trade Package To Major Tech Bill Aimed At China

    The Senate on Thursday added a major section on international trade to a sprawling bill that already contained roughly $250 billion to boost the country's technological and economic competition with China, including over $50 billion for domestic semiconductor production and $1.5 billion for telecommunications funding along with enforcement boosts for intellectual property and antitrust.

  • May 27, 2021

    Illumina, Grail Say FTC Just Wants To Run Out Merger Clock

    Illumina and Grail have accused the Federal Trade Commission of plotting to resurrect its federal lawsuit challenging their proposed merger too close to a tie-up deadline for the companies to mount a proper defense, urging a California federal judge not to let the FTC drop the suit "without prejudice."

  • May 27, 2021

    Judge Questions Bid To Move Acthar Cases To Delaware

    A member of the Judicial Panel on Multidistrict Litigation on Thursday questioned Mallinckrodt ARD LLC's push to have a battery of antitrust cases over sales of the anti-seizure drug Acthar transferred to federal court in Delaware where the company is currently making its way through bankruptcy proceedings.

  • May 27, 2021

    Bill Would End NCAA Amateurism, Allow Player Unions

    U.S. Congress members announced a bill on Thursday that would give new meaning to the term "student union" by amending the National Labor Relations Act so college athletes could collectively bargain as employees of their respective schools.

  • May 27, 2021

    Panel Hears 3 Venue Options For Crop Inputs MDL

    Groups of farmers offered the Judicial Panel on Multidistrict Litigation competing bids to centralize claims in Illinois and Minnesota alleging that agricultural suppliers fixed crop input prices, while the suppliers said Missouri is the most appropriate home for the litigation.

  • May 27, 2021

    9th Circ. Asked To Revive Antitrust Suit Against Realtor Group

    A real estate listing website is gunning to revive its challenge to the National Association of Realtors' rule that prohibits members from privately marketing properties without using the association's listing service, telling the Ninth Circuit a California federal judge failed to properly assess allegations of harm to competition.

  • May 26, 2021

    Feds Tell Justices To Skip Comcast, Viamedia Antitrust Suit

    The acting U.S. solicitor general is urging the U.S. Supreme Court not to take up Comcast's appeal of a Seventh Circuit decision reviving a $160 million suit against the company over ad market monopolization claims, arguing that the appellate court's decision does not warrant the justices' review.

  • May 26, 2021

    Live Chat IP Trial Is About A 'Copycat' And A 'Bully,' Jury Hears

    Two customer service rivals squared off Wednesday before a California federal jury on the opening day of a trade secrets trial over live chat software, with LivePerson saying [24]7.ai strategically stole its technology and customers, while [24]7.ai painted the dispute as an unhappy competitor's bullying campaign.

  • May 26, 2021

    Mallinckrodt Ch. 11 Trustee Hearing Set For Confirmation

    A group of plaintiffs alleging claims against bankrupt pharmaceutical company Mallinckrodt PLC will have their motion seeking appointment of a Chapter 11 trustee in the case heard during the debtor's plan confirmation hearing, a Delaware judge ruled Wednesday.

  • May 26, 2021

    Health Tech Co. Says Apple Stopped Heart Monitor Competitor

    Apple stole the idea for heart health tracking software and then locked its competitors out of the Apple Store, according to a new lawsuit filed in California federal court by health tech company AliveCor.

  • May 26, 2021

    Ex-Staffing Co. Owner Looks To Duck Wage-Fixing Charge

    The former owner of a physical therapist staffing company moved Monday to toss the antitrust charges against him in the government's first criminal wage-fixing case, telling a Texas federal court there's no precedent for criminal charges over that type of activity.

  • May 26, 2021

    Senate Bill Aims To Boost State AGs In Antitrust Cases

    State attorneys general would be able to keep antitrust enforcement actions in the district in which they initially filed them under a bipartisan bill introduced Monday by Senate antitrust committee leaders.

  • May 26, 2021

    CN, KCS Seek Voting Trust Approval In $33.6B Takeover Push

    Canadian National and Kansas City Southern on Wednesday asked the U.S. Surface Transportation Board to approve the use of a voting trust in their $33.6 billion merger and pledged to sell a railway line to reduce potential competition concerns, in a bid from CN to stay the top suitor for KCS. 

  • May 26, 2021

    Swiss Ditch Trade Talks With EU With Differences Unresolved

    Switzerland has pulled out of talks for a treaty aimed at easing trade relations with the European Union because of "substantial differences," the government said Wednesday, raising concerns in the bloc over legal certainty in future relations.

  • May 25, 2021

    Google Must Face Deception Claim In Data-Harvesting Row

    A California federal judge permanently axed several claims Tuesday from an Android smartphone user's proposed class action accusing Google of illegally harvesting third-party app data to gain a competitive advantage, while finding that Google's alleged failure to disclose the practices was enough to allow a state law deception claim to move forward. 

Expert Analysis

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Health Insurance Compliance Steps After Antitrust Reform

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    Health insurers should review their compliance programs to avoid antitrust complaints from overzealous plaintiffs now that the Competitive Health Insurance Reform Act has ended insurers' federal antitrust protections, say Lisl Dunlop and Thomas Rohback at Axinn.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • How NY's Cannabis Legalization Act Prioritizes Equity

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    Elements of New York's recently passed Marijuana Regulation and Taxation Act, such as its prohibition of vertically integrated operators, show consideration for social and economic equity in the new industry, says Simon Malinowski at Harris Bricken.

  • Antitrust Risk Considerations In Light Of FTC Merger Focus

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    Recent Federal Trade Commission distribution merger challenges are consistent with its focus on nascent competition, highlighting essential antitrust issues merger parties should assess to avoid a costly investigation, say attorneys at Wilson Sonsini.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

  • Can Antitrust Enforcement Be A Tool For Racial Equity?

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    Recent executive branch developments suggest that acting Federal Trade Commission Chairwoman Rebecca Slaughter's anti-racism prescription for antitrust enforcement may be influential, but there is an open question of whether efforts to achieve racial equity will be limited absent significant legislative reforms, says Rosa Morales at Crowell & Moring.

  • A Uniform Mediation Act Primer As States Continue Adoption

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    With Georgia expected to soon become the 13th jurisdiction to adopt the Uniform Mediation Act and with more states likely to follow suit amid widespread trial delays, practitioners should familiarize themselves with the act's conflict disclosure requirements and the boundaries of its confidentiality provisions, says Richard Mason at MasonADR.

  • Opinion

    Digital COVID Vaccine Passports Should Be Antitrust-Exempt

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    The Biden administration should use a sector-specific antitrust exemption to encourage Big Tech cooperation on a national smartphone app to make vaccination proof readily available while offering enhanced data security, says Stuart Brotman at the University of Tennessee.

  • Safeguarding Privileged Communications In A Remote World

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    With the pandemic ushering in remote collaboration tools, counsel must revisit fundamentals of the attorney-client privilege and the work-product doctrine, study cases involving email and other recent technologies, and follow 10 best practices to protect confidentiality, say attorneys at DLA Piper.

  • 4 Areas Of Cyberattack Vulnerability For Law Firms

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    Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

  • How To Help Your Witnesses Overcome Hindsight Bias

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    Witnesses facing tricky questions from opposing counsel often find themselves engaging in hindsight bias, when they use present knowledge to second-guess past actions, but these problematic thought processes can be overcome during deposition or trial preparation through tough questions and some catharsis, says Merrie Jo Pitera at Litigation Insights.

  • Pharma Industry Can Expect More Scrutiny From State AGs

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    With state attorney general elections on the horizon in 2022, enforcement in the life sciences and health spaces is likely to pick up, and key areas of focus to watch out for this year include opioid litigation and investigations into drug price-fixing, say attorneys at Paul Hastings.

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