Competition

Expert Analysis

• 3 Lessons From A Crypto Mock Trial

  

  We recently hatched a plan to test whether litigators could get blockchain ledger entries into evidence under the existing Federal Rules of Evidence, and we found a federal judge willing to help us, say attorneys Justin Steffen, Andrew Hinkes, Lisa Braganca, Christopher Veatch, Kashan Pathan and Jimmie Zhang.

• Q&A

  A Chat With McDermott COO John Yoshimura

  

  In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature John Yoshimura, chief operating officer at McDermott Will & Emery LLP.

• DOJ Is Trying To Rein In Franchise No-Poach Suits

  

  Antitrust treatment of so-called “no-poach” agreements is evolving, and the biggest development over the past few months has been the U.S. Department of Justice’s targeted advocacy in several ongoing lawsuits, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

• Opinion

  The Problem With 'Optimal' Diversity

  

  Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

• Fresh Takes On Seeking Costs And Fees Under Rule 45

  

  Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

• Series

  Judging A Book: Smith Camp Reviews 'Echo Of Its Time'

  

  "Echo of Its Time" is the story of Nebraska’s federal district court from statehood in 1867 to the demise of Prohibition in 1933. Professors John Wunder and Mark Scherer have written an objective, unsentimental and insightful history, layered with context and rich in character study, says U.S. District Judge Laurie Smith Camp of the District of Nebraska.

• The Role Of Data Analytics In Mass Torts

  

  Lawyers involved in a mass tort must make difficult decisions concerning the potential size of the claimant pool, the expected percentage of qualifying cases, the likelihood of a settlement and more. Data analytics can help guide mass tort strategies and yield better outcomes, say Deb Zonies and Mark Zabel of litigation support services provider Verus LLC.

• Opinion

  SEPs Need Injunctions Too

  Many think that injunctions should not be allowed in standard-essential patent cases, but in order to protect the incentive to innovate, all owners of all patents need to be able to exercise their constitutional right to exclude, says Ken Stanwood, chief technology officer at WiLAN Inc.

• Guest Feature

  'The Mooch' Talks Mayhem, Con Law, Lessons From Harvard

  

  Anthony Scaramucci is probably best known for the 11 days he spent as White House director of communications in 2017. But when White and Williams LLP attorney Randy Maniloff sat down to chat with "the Mooch," he was interested in hearing a different story.

• Opinion

  Competition, Not Confiscation, Is Key To Lower Drug Prices

  

  Americans deserve legislation that addresses the costs of prescription drugs, but the compulsory licensing rules proposed by some members of Congress would discourage investment in the discovery of new life-saving drugs, says Sen. Thom Tillis, R-N.C.

• FTC Decision Highlights Growing Divide On Vertical Mergers

  

  A recent Federal Trade Commission enforcement action involving a vertical merger between Staples Inc. and Essendant Inc. highlighted the intensifying debate regarding vertical integration's competitive benefits and harms, as well as starkly divergent views between individual commissioners on merger review, say Daniel Hemli and Jacqueline Java at Bracewell LLP.

• Why Proper Document Redaction May Be An Ethical Duty

  

  Paul Manafort's attorneys recently filed a court document containing incompletely redacted information, highlighting the need for attorneys to become competent at redaction — or at least at verifying that redaction has been performed correctly. Failure to do either could be construed as legal malpractice, says Byeongsook Seo of Snell & Wilmer LLP.

• Series

  Why I Became A Lawyer: A Refugee's Journey Of Firsts

  

  Even as a child in war-torn Iran, I began to develop a sense of justice and a desire for equality and the rule of law. These instincts ultimately guided me to become a federal prosecutor, and now a partner in private practice, says Raymond Aghaian of Kilpatrick Townsend & Stockton LLP.

• Keeping PR Strategy Communications Privileged: Part 2

  

  Determining whether and to what extent your legal team should invite a PR agent into privileged communications requires weighing many factors — including the unsettled and evolving case law on whether such involvement destroys privilege protection and creates discoverable, usable evidence, says Jeffrey Schomig of WilmerHale.

• Recent Trends In Energy Antitrust Enforcement And Litigation

  

  Over the last year, energy transactions continued to represent a significant focus of merger enforcement activity, and energy-related private antitrust litigation remained active, say attorneys with Vinson & Elkins LLP.