Competition

  • August 01, 2019

    Attys In Au Pair Antitrust Wage Dispute Get $22.9M In Fees

    A recent Tenth Circuit ruling won't disturb a $65.5 million deal approved two weeks ago that resolved a class action accusing several sponsorship agencies for au pairs of colluding to suppress childcare workers' wages, including almost $23 million in fees for class counsel, a Colorado federal judge said Thursday.

  • August 01, 2019

    EBay Accuses Amazon Managers Of Poaching Top Sellers

    EBay Inc. filed a lawsuit against three Amazon managers in California federal court Wednesday accusing them of poaching eBay’s top sellers, months after a state judge sent a similar lawsuit to arbitration due to an arbitration provision in eBay’s user agreement.

  • August 01, 2019

    Objectors Had No Role In $6B Swipe Fee Deal, Court Told

    Merchants who secured a multibillion-dollar swipe fee settlement with Visa Inc., Mastercard Inc. and a group of banks urged a New York federal judge Wednesday not to grant legal fees to objectors to the original deal, arguing that the objectors played no part in increasing the payment amount.

  • August 01, 2019

    UK Fines Casio $4.5M For Online Piano Pricing Restrictions

    The U.K.'s competition enforcer said Thursday that Casio Electronics Co. Ltd. has been fined to the tune of £3.7 million ($4.5 million) after admitting to implementing a policy designed to restrict retailers from selling digital pianos and keyboards below certain prices online.

  • August 01, 2019

    Info-Sharing Protocol Takes Shape In Sprint, T-Mobile Case

    A Manhattan federal judge said Thursday that data belonging to AT&T, Comcast and other telecoms may be deemed "highly confidential" to shield it from in-house counsel representing Sprint and T-Mobile in their effort to complete a $56 billion merger over the objection of 14 states and Washington, D.C.

  • August 01, 2019

    7th Circ. Says NJ Atty Not Allowed To Pursue Former Clients

    The Seventh Circuit has refused to revive a bundle of suits brought by a New Jersey attorney in an effort to collect money from a former client, saying that the attorney has repeatedly ignored a court order barring him from trying to collect and the lower courts were right to dismiss his claims.

  • August 01, 2019

    Amgen, Teva Antitrust MDL Over Sensipar Going To Del.

    The Judicial Panel on Multidistrict Litigation on Wednesday said a Delaware federal court is the best place to centralize four proposed class actions and one individual complaint accusing drug giants Amgen Inc. and Teva Pharmaceuticals USA Inc. of striking an unlawful deal to pull a generic version of the calcium control drug Sensipar off the market.

  • August 01, 2019

    Australia Concerned About Airline's Minority Stake In Rival

    Australia's competition enforcer raised concerns Thursday about Qantas taking an AU$60 million ($41.1 million) minority stake in rival Alliance Airlines earlier this year, but Qantas stood its ground, saying it's just a passive investor and has no plans to decrease its holdings.

  • August 01, 2019

    Excluded CRT Buyers Blast New Price-Fixing Deal

    When class counsel for indirect buyers from 21 states and D.C. struck a new price-fixing settlement with Toshiba, Panasonic and other cathode ray tube manufacturers, they violated “fiduciary duties” to the remaining states excluded from the original deal, attorneys for the omitted buyers told a California federal judge Wednesday.

  • August 01, 2019

    Banks Slam Investors' 'Vague' UK Forex Rigging Suit

    Barclays, HSBC and other banking giants have denied owing billions of dollars to hundreds of institutional investors over allegations they conspired to rig the foreign exchange market, criticizing a London lawsuit for skipping crucial details on trades.

  • July 31, 2019

    Tribune Media, Nexstar To Unload Stations In $6.4B Merger

    Tribune Media Co. and Nexstar Media Group Inc. have agreed to divest broadcast television stations in 13 markets in order to resolve a suit filed by the U.S. Department of Justice and move forward with their planned $6.4 billion merger, the DOJ said Wednesday.

  • July 31, 2019

    PhRMA's New Attack On Calif. Drug Pricing Law Gets Traction

    An amended lawsuit filed by trade group the Pharmaceutical Research and Manufacturers of America adequately alleges that a California drug pricing law may violate free speech protections and other constitutional rights, according to a ruling released Wednesday.

  • July 31, 2019

    Tuna Buyers Win Cert. In Sprawling Price-Fixing MDL

    A California federal judge granted class certification in a sprawling antitrust multidistrict litigation to consumers claiming they were swindled by a long-running scheme to fix prices of canned tuna, following up a criminal investigation that led Chicken of the Sea, StarKist and Bumble Bee to admit wrongdoing.

  • July 31, 2019

    H&R Block Urges 8th Circ. To OK Arbitration In 'No-Poach' Suit

    An H&R Block seasonal employee in a potential class action over “no-poach” contracts agreed to arbitration of legal disputes as an employment condition, warranting reversal of a lower court's refusal to force arbitration, the company told the Eighth Circuit Wednesday.

  • July 31, 2019

    New CRT Price-Fixing Deal Still Excludes Omitted States

    Indirect buyers from 22 states have struck a new price-fixing settlement with Toshiba, Panasonic and other cathode ray tube manufacturers, but Tuesday's filing in California federal court will likely only engender a new round of fighting with states excluded from the deal.

  • July 31, 2019

    Monthly Merger Review Snapshot

    The U.S. Department of Justice reached a deal to allow Sprint and T-Mobile to merge, but a contingent of states is not on board. Meanwhile, European Union enforcers cleared several deals with conditions and U.K. watchdogs opened several new merger investigations.

  • July 31, 2019

    DOJ's Sprint-T-Mobile Merger Justification Relies On FCC

    Developing next-generation wireless technology has dominated the political justifications offered for permitting T-Mobile to buy Sprint in a $56 billion shakeup of the mobile wireless industry, but the U.S. Department of Justice's legal justifications are predictably more focused on propping up Dish as a would-be competitor.

  • July 31, 2019

    Celgene To Pay $62M To End Antitrust Suit Over Cancer Drugs

    Pharmaceutical company Celgene Corp. has agreed to fork over $62 million to resolve claims that it has suppressed competition for the brand-name cancer drugs Thalomid and Revlimid by preventing lower-priced generic versions from entering the market.

  • July 31, 2019

    Delta Denied Costs For Bag-Fee MDL Over Discovery Blunders

    A Georgia federal court refused to award Delta the costs it incurred successfully defending against a suit from passengers alleging the airline colluded with AirTran to institute a fee for first checked bags, pointing to "discovery blunders" during the long-running multidistrict litigation.

  • July 31, 2019

    Banks Try To Escape Philly, Baltimore Bond Rate-Rigging Suit

    A slew of major banks, including Bank of America, Barclays and Goldman Sachs, have urged a New York federal court to exclude them from an antitrust suit accusing them of conspiring to artificially inflate the interest rates on securities known as variable-rate demand obligation bonds.

  • July 31, 2019

    CMA Bans 3 More Directors In Construction Cartel

    The U.K.'s antitrust agency barred three directors from running companies on Wednesday in its latest round of punishments for a price-fixing scheme run by construction services firms.

  • July 30, 2019

    Nuveen Exec Says He Put Lid On Preston Hollow Trash Talk

    Nuveen LLC ordered its municipal bond team to “stop talking about Preston Hollow” and started examining policies and training this year after the much smaller rival accused it of mounting a smear and boycott effort, a top manager testified Tuesday in a high-profile antitrust trial in Delaware Chancery Court.

  • July 30, 2019

    Merck, Glenmark Rip Zetia Buyers' Par Deal As 'Tactical Move'

    Adding Par Pharmaceutical to multidistrict litigation alleging an illegal pay-for-delay agreement to keep a generic version of cholesterol drug Zetia off the market was just a ploy, Merck and Glenmark said in separate briefs Monday, arguing therapy buyers shouldn't be able to so easily get their deal with Par approved.

  • July 30, 2019

    Little Caesars Ducks Ex-Manager's No-Poach Suit

    A Michigan federal judge has tossed a former Little Caesars manager's suit alleging that the pizza chain's franchise agreements violate antitrust law, after refusing to apply a strict legal standard to provisions preventing the chain's franchisees from hiring each other's workers.

  • July 30, 2019

    DOJ Merger Probes Much Faster Than FTC, Study Finds

    The time required for “significant” merger investigations yielding a challenge or clearance settlement continues to grow in the United States, but new data out Monday indicate a sharp contrast between the U.S. Department of Justice and the Federal Trade Commission despite efforts to accelerate the process.

Expert Analysis

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • Opinion

    Oil Cartel Bill's Passage Is Long Overdue

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    The No Oil Producing and Exporting Cartels Act has been reintroduced in Congress, and the oil market conditions that spurred this needed legislation in 2000 are just as widespread today — but so are the inaccurate criticisms of this bill, says attorney Seth Bloom, who drafted the original version of NOPEC.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • Examining The Evidence On VIX Manipulation

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    An ongoing multidistrict litigation alleges manipulation of the formula used to determine the settlement price for derivatives based on the Chicago Board Options Exchange’s volatility index. But a review of trading data reveals how reasons other than manipulation can explain trading activity on any given day, say consultants with Analysis Group.

  • High Court Clarifies Standards For Antitrust Claims

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    The primary practical implication of the U.S. Supreme Court's ruling Monday in Apple v. Pepper is that the court's Illinois Brick precedent remains an obstacle to federal antitrust claims for damages, but that its scope arguably has been limited, say attorneys at Skadden.

  • What Fed. Circ. False Ad Ruling Means For Section 337 Claims

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    Though the Federal Circuit's decision in Amarin v. U.S. International Trade Commission mandates careful drafting of Food, Drug and Cosmetics Act-related Section 337 claims under the Tariff Act, it arguably leaves the door open for creative litigants to raise claims for less common "unfair acts," say attorneys at Ropes & Gray.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • What Gov't Outsourcing Ruling Means For Investigations

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    A New York federal court's recent decision in U.S. v. Connolly is a warning to prosecutors against outsourcing their investigations to companies and outside counsel, but it should also be used by companies to determine the framework for internal investigations, says Rachel Maimin of Lowenstein Sandler.

  • Getting Out Of Legal Project Management Debt

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    If a client does not demand the application of project management techniques at the start of a matter, or a law firm does not routinely apply them, it is highly likely that additional, avoidable work — legal project management debt — will materialize throughout the matter, says Anthony Widdop of Shearman & Sterling.

  • 6 Ways To Keep Your Jury From Zoning Out

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    Science suggests that at least some jurors pay attention to less than 65% of the evidence during a trial due to "task-unrelated thoughts," but there are steps attorneys can take to present information in a more engaging, cognition-friendly fashion, say Dennis Stolle and Dennis Devine of Barnes & Thornburg.

  • Rebuttal

    What HHS Questions About Negotiated-Rate Disclosure Mean

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    A recent Law360 guest article appears to conflate questions the U.S. Department of Health and Human Services asked about potential disclosure of payer-negotiated health care rates with an Affordable Care Act provision, and neglects to reference contemporary data on hospital price growth, says Melinda Hatton of the American Hospital Association.

  • Pitfalls To Avoid As Cannabis M&A Takes Off

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    Although 2019 is shaping up to be a banner year for mergers and acquisitions in the cannabis industry, parties must be mindful of the particular challenges of these deals, such as often contradictory regulatory regimes, significant stock price volatility and inflated valuation metrics, says John Bessonette of Kramer Levin.

  • 5 Myths In Legal Crisis Communications

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    Having worked at a boutique law firm, a crisis communications agency and in BigLaw, I have identified a number of common misconceptions across these disparate business models when it comes to crisis and litigation communications, says Robert Gemmill of Hogan Lovells.

  • Opinion

    Keep Increasing Pressure Against Noncompetes

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    Arguments made by defenders of noncompetes are based on old assumptions about labor markets that economists have begun to abandon, says Eric Posner of MoloLamken.

  • An Overview Of The Debate Over Litigation Finance Disclosure

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    In light of a New York federal court's recent decision in Benitez v. Lopez, which joins a growing body of case law denying forced disclosure of commercial litigation finance, Stephanie Spangler of Norris McLaughlin and Dai Wai Chin Feman of Parabellum Capital break down the arguments commonly raised for and against disclosure.

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