Competition

  • May 19, 2021

    House Again Passes Bill To Reform Orphan Drug Exclusivity

    The U.S. House of Representatives on Wednesday easily passed, for the second time, a bill backed by President Joe Biden that would make it harder to extend market exclusivity for drugs on the U.S. Food and Drug Administration's orphan drug list for treating rare diseases.

  • May 19, 2021

    Biz Groups Back PBMs In North Dakota Preemption Fight

    Insurance and business groups are throwing their weight behind Pharmaceutical Care Management Association's Eighth Circuit argument that ERISA limits North Dakota's ability to govern pharmacy benefit managers, which connect pharmacies with insurers on behalf of employee benefit plans.

  • May 19, 2021

    CSX Suit Can't Be Derailed, But Board To Hear Immunity Fight

    Norfolk Southern Railway Co. cannot get a lawsuit from CSX Transportation Inc. alleging price manipulation thrown out of court, but the U.S. Surface Transportation Board should field a dispute over the railroad's claim to antitrust immunity before the case moves forward, a Virginia federal judge has ruled.

  • May 19, 2021

    Union Calls For Antitrust Scrutiny Of AT&T's Spinoff

    The Communications Workers of America says the potential for cuts in jobs and wages posed by AT&T Inc.'s plan to combine its WarnerMedia assets with Discovery Inc. warrants a close antitrust review of the $43 billion transaction.

  • May 19, 2021

    Sens. Look To Bolster China Bill With Trade Enforcement

    As a massive bill aimed at countering China's rise courses through the U.S. Senate, two lawmakers are aiming to beef up the legislation with updates to strengthen the enforcement of the nation's trade remedy laws, Law360 confirmed Wednesday.

  • May 19, 2021

    FTC Wants Shkreli Sanctioned For Allegedly Wiping Phone

    The Federal Trade Commission has asked a New York federal judge to sanction Martin Shkreli for allegedly deleting text messages from a contraband prison phone that show he directed associates to continue blocking generic versions of the pricey anti-parasite drug that made him infamous.

  • May 19, 2021

    Deutsche Bank Sued Over Forex Rigging By UK Currency Firm

    Deutsche Bank is facing a fresh legal battle over allegations that its traders manipulated foreign exchange markets for their profit at the expense of a British currency investment firm, the latest in a raft of similar claims filed in London. 

  • May 18, 2021

    Apple's Phil Schiller Defends Data Practices In Epic Trial

    Apple fellow Phil Schiller defended the company's data collection practices and App Store review procedures during a high-stakes antitrust bench trial Tuesday, after Epic's counsel claimed Apple stores personal user data for a decade and pointed out sexually explicit apps available on the App Store.

  • May 18, 2021

    Diverse Team To Lead MDL Against Robinhood, Other Brokers

    A diverse group of 10 attorneys will guide investors' claims in multidistrict litigation against stock-trading app Robinhood and other broker-dealers for blocking investors from buying shares of GameStop and other volatile stocks earlier this year, under appointments made by a Florida federal court Tuesday.

  • May 18, 2021

    Dems Call For FTC Probe Into AbbVie's Humira Deals

    Lawmakers targeted the world's best-selling drug Tuesday by calling for a Federal Trade Commission antitrust probe into AbbVie Inc.'s blockbuster immunosuppressant Humira and simultaneously releasing a withering staff report detailing the company's alleged efforts to delay competition for the biologic.

  • May 18, 2021

    DOJ Offers 5th Circ. Its Current View On Mobile Patent Pool

    The Justice Department's antitrust division filed a brief letter reminding the Fifth Circuit that it has not expressed its current view on a German auto component supplier's antitrust suit against Nokia and other technology companies after supporting the patent holders in district court.

  • May 18, 2021

    UK Watchdog Looking Into Sony's $430M Music Deal

    Sony's $430 million plan to pick up two companies from Kobalt Music Group has caught the eye of the United Kingdom's competition watchdog, which revealed Tuesday that it had launched a preliminary probe into the deal.

  • May 18, 2021

    Key GOP Sen. Slams FTC 'Mismanagement' In Merger Reviews

    The top Republican on a Senate antitrust panel accused the Federal Trade Commission of "a growing trend of mismanagement" in a biting letter Tuesday about merger reviews, including the stalemate over 7-Eleven Inc.'s $21 billion purchase of Speedway.

  • May 18, 2021

    Inside The 5 Largest M&A Deals AT&T Has Ever Completed

    The $43 billion spinoff of WarnerMedia's entertainment, sports and news assets by AT&T represents the latest in a long line of major, multibillion-dollar transactions announced by the company, and while not every deal has landed smoothly, many did make it across the finish line.

  • May 18, 2021

    Mayer Brown Nabs Former FTC Deputy Gail Levine

    A former deputy director for the Federal Trade Commission joined Mayer Brown LLP on Tuesday to help lead the firm's global antitrust and competition practice, bringing a wealth of experience on mergers and conduct spanning a diverse cross-section of industries.

  • May 18, 2021

    Med Buyers Say Mallinckrodt Too Incompetent To Run Ch. 11

    Drug buyers alleging bankrupt pharmaceutical company Mallinckrodt PLC overcharged for its Acthar Gel medication have again told a Delaware judge that a Chapter 11 trustee must take over the case, saying Mallinckrodt's leadership lacks the competence necessary to complete the reorganization.

  • May 18, 2021

    What's In A 'Beer'? Corona Owners Battle Over Definition

    Three months into a trademark battle over a new line of Corona hard seltzers, Anheuser-Busch InBev and Constellation Brands are arguing in federal court over the proper definition of "beer."

  • May 18, 2021

    LG Says UK Not The Place For Samsung's LCD Cartel Claim

    LG Display urged a London judge on Tuesday to overturn a decision allowing Samsung to slap it with a lawsuit to recover a portion of a price-fixing settlement relating to LCD panels, arguing the dispute between East Asian companies does not belong in England.

  • May 18, 2021

    BP Global Competition Head Joins Addleshaw Goddard

    BP PLC's global head of competition law has joined Addleshaw Goddard LLP's competition team as a consultant, according to the firm.

  • May 17, 2021

    Virus App Maker Insists Apple Antitrust Case Stay Out Of Calif.

    A coronavirus-tracking app developer rebuked a New Hampshire federal court for granting Apple's bid to transfer a case accusing it of violating antitrust law by barring the app from its store, arguing Saturday that the decision "is unacceptable and warrants immediate reversal."

  • May 17, 2021

    Epic-Apple Judge Praises Legal Teams For Diversity

    Wrapping a trial day that saw testimony by Apple Fellow Phil Schiller, a California federal judge presiding over Apple and Epic Games' high-stakes antitrust bench trial on Monday commended both legal teams for their racial and gender diversity, saying they're a "terrific example for the future."

  • May 17, 2021

    Hagens Berman Defends Keeping $52.8M While Fees Revised

    Hagens Berman Sobol Shapiro LLP told a district court Monday that it "did nothing wrong" in holding on to $52.8 million in attorney fees and costs vacated by the Ninth Circuit while the lower court determines its revised fees from $205 million in optical disk price-fixing settlements, and asked the court to award it $22.2 million in fees.

  • May 17, 2021

    FTC Takes Disgorgement Off Table In Surescripts Case

    The Federal Trade Commission won't be seeking disgorgement in its monopoly case against electronic prescription service Surescripts after the U.S. Supreme Court ruled that the agency doesn't have the power to seek the return of ill-gotten gains when launching antitrust actions.

  • May 17, 2021

    Progressives Say Trump Changes Hindered Regulatory Portal

    Several left-leaning groups urged the Biden administration Monday to reverse a Trump-era overhaul of a key website the public uses to keep tabs on federal rulemaking activity, saying the changes diminished agencies' transparency.

  • May 17, 2021

    Kodak Says NY Has Threatened To File Insider Trading Suit

    Eastman Kodak Co. said Monday that the New York attorney general has threatened to file a lawsuit over CEO Jim Continenza's purchase of shares a month before the company's July announcement of a since-scrapped $765 million government loan.

Expert Analysis

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

  • How Case Management Orders Can Support New Attorneys

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    Courts are leading the way in ensuring oral argument opportunities for newer attorneys by incorporating innovative language in a variety of orders, and private parties can and should follow suit by incorporating similar language into case management orders, say Megan Jones and Halli Spraggins at Hausfeld.

  • An In-House Counsel's Guide To Better Work Management

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    Amid economic uncertainty and increasing pressure on corporate legal departments to do more with less, work management processes should be aimed at tracking legal teams' every contribution, including routine matters that can be reallocated to nonlegal staff, says Aaron Pierce at LexisNexis CounselLink.

  • A Changing Health Insurance Antitrust Landscape

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    The newly passed Competitive Health Insurance Reform Act only removes some limited antitrust immunities for health insurers, but could foreshadow new aggressiveness from government enforcers and private litigants to challenge insurance industry practices, say Adam Biegel and Matthew Dowell at Alston & Bird.

  • Avoiding Materially Adverse Conflicts After New ABA Opinion

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    The American Bar Association's recent guidance on what constitutes materially adverse interests between clients makes clear that lawyers should not take comfort in a current representation just because a former client is not on the opposite side of the v., and those hoping to avoid disqualification should consider five steps, says Hilary Gerzhoy at Harris Wiltshire.

  • Opinion

    DOJ Should Take Cue From SEC On Whistleblower Incentives

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    The new Criminal Antitrust Anti-Retaliation Act is a step in the right direction for uncovering cartels, but to reenergize enforcement, the U.S. Department of Justice should provide financial incentives to antitrust whistleblowers in line with what the U.S. Securities and Exchange Commission offers financial tipsters, says attorney Robert Connolly.

  • Rebuttal

    US Legal System Can Benefit From Nonlawyer Ownership

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    Contrary to claims made in a recent Law360 guest article, nonlawyer ownership has incrementally improved the England and Wales legal system — with more innovation and more opportunities for lawyers — and there is no reason why those outcomes cannot also be achieved in the U.S., say Crispin Passmore at Passmore Consulting and Zachariah DeMeola at the University of Denver.

  • Building A Law Firm Knowledge Bank For Thought Leadership

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    Marketing professionals often do not have firsthand knowledge of current legal trends and client issues, so law firms need to commit to an ongoing knowledge extraction process — a series of steps to draw out attorney insights that can help marketers create effective and frequent thought leadership content, says Michelle Calcote King at Reputation Ink.

  • What The Biden Presidency Means For Class Actions

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    With Democrats now controlling Congress and the White House, class action litigation may flourish in the coming years — which will be good both for consumers and for well-behaving companies who would otherwise lose market share and profits to unpoliced cheaters, says Daniel Karon at Karon LLC.

  • Let's Emerge From The Pandemic As Legal Innovators

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    The pandemic forced a digital reckoning on the legal profession — which switched to remote workforces, paperless workflows and digital signatures seemingly overnight — and law firms and corporate legal departments can keep up the innovation momentum with three guiding principles, says Kevin Clem at HBR Consulting.

  • Bid Protest Spotlight: Recertification, Conflicts, Assumptions

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    In this month's bid protest roundup, Locke Bell and Markus Speidel at MoFo look at three U.S. Court of Federal Claims and U.S. Government Accountability Office decisions that emphasize that small businesses should recertify after an acquisition, that offerors should file conflict of interest protests early on, and that offerors should not make assumptions that may conflict with material solicitation requirements.

  • Anticipating Predictive Analytics' Potential Uses In Litigation

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    Predictive analytics — the marriage of statistics and machine learning now commonly used in litigation for document review and production — will soon likely bring exciting new uses in discovery and beyond, offering attorneys more data-driven ways to establish facts and predict case outcomes, say Richard Finkelman and Karl Schliep at Berkeley Research Group.

  • 10 Global Digital Markets Regulatory Issues To Watch

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    With more vigorous enforcement, a number of significant policy reviews and broader political movements, a diverse range of regulatory developments could affect operations for international businesses in the digital markets industry, say Francesco Liberatore and James Konidaris at Squire Patton.

  • Cost And Opportunity In Suspending Early Merger Clearances

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    The U.S. Department of Justice and Federal Trade Commission's suspension of the common practice of allowing early ends to merger reviews could benefit parties, consumers and other stakeholders if the agencies use the — hopefully brief — period to implement better processes for identifying transactions that qualify for early termination, say attorneys at Axinn.

  • Opinion

    This Black History Month, Law Firms Should Challenge Norms

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    With so little progress made in the diversification of the legal industry, Black History Month is a good time for law firms to adjust their organizational cultures, ensuring that diversity and inclusion goals are transparent and measured in the same way billable hour and other core targets are — through written, enforceable policies, says Paulette Brown at Locke Lord.

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