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