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Competition

  • May 28, 2019

    Lifting Unbundling Rules Would Spur Development, FCC Told

    Suspending rules that require legacy phone carriers to open their networks to competitors could reduce market distortions and encourage telecoms to invest in network infrastructure, a key telecom trade group has told the Federal Communications Commission.

  • May 28, 2019

    BofA, Others Hit With Antitrust Suit By Stock-Lending Startup

    Stock-lending platform SL-x has accused Bank of America and several other major banks of forcing it out of business, bringing claims in New York federal court on behalf of its subsidiaries after the banks challenged the standing of its holding company in a nearly identical suit.

  • May 28, 2019

    Blue Cross' Antitrust Suit Belongs In NJ, Janssen Says

    Blue Cross Blue Shield should have to pursue its claims that Janssen Biotech used "sham" patent infringement litigation to delay generic competition to prostate cancer drug Zytiga in front of the same federal judge who oversaw the patent lawsuit, the drugmaker has argued.

  • May 28, 2019

    Walmart Accuses Chicken Sellers Of Years Of Price-Fixing

    Walmart has filed an antitrust suit in Arkansas federal court claiming that numerous large-scale chicken producers, including Pilgrim's Pride and Koch Foods, conspired for years to jack up prices across the board for broiler chickens by manipulating the poultry markets.

  • May 28, 2019

    Jackson Hewitt Looks To Write Off Proposed 'No-Poach' Class

    Jackson Hewitt urged a New Jersey federal judge to toss a proposed class action that claims a now-defunct "no-poach" agreement among its franchisees limited mobility and compensation prospects for the company's workers, arguing that units belonging to the same corporation aren't capable of an antitrust conspiracy against the overall market.

  • May 28, 2019

    Domino's Pizza Must Face No-Poach Antitrust Suit

    Domino’s can’t dodge a lawsuit accusing the pizza restaurant of making its franchises promise not to hire each other’s employees, then misleading the public to believe no such agreement existed, a Michigan federal judge has ruled.

  • May 24, 2019

    Glass Ceiling Slow To Break For Female Attys In 2018

    Our latest survey of the largest U.S. law firms shows the barriers to equality for women increase as they rise up the ranks. Here’s our breakdown of the data from this year’s Glass Ceiling Report.

  • May 24, 2019

    The Best Law Firms For Female Attorneys

    While the latest Glass Ceiling Report again shows marginal gains for women in private practice, some firms are demonstrably forging a path to parity for female attorneys. Here are the law firms leading the way.

  • May 24, 2019

    What 12 Gender Bias Complaints Say About BigLaw

    Law360 looks at a dozen gender bias suits against law firms to see where their complaints dovetail — and where they veer apart. Together, the suits offer a window into the top gender equity hurdles facing the legal industry.

  • May 24, 2019

    NCAA Rips $45M Atty Fee Bid In Student Athlete Pay Suit

    The $45 million attorney fee bid from the legal team whose March victory barred the NCAA from restricting student athletes' education-related compensation is unreasonable because it seeks pay for "excessive, redundant, and unnecessary" hours worked, the NCAA said in California federal court Friday.

  • May 24, 2019

    Justices' App Store Ruling Inspires New Apple Suit

    The U.S. Supreme Court ruling earlier this month permitting iPhone users to bring antitrust claims against Apple has inspired its first follow-on lawsuit against the technology giant over commissions charged on apps on the App Store, with a new complaint filed in California federal court.

  • May 24, 2019

    France OKs Merger After Investigating 'Influencer' Market

    France's competition watchdog gave the green light Friday to online media company Webedia's acquisition of audiovisual production company Elephant after the agency for the first time considered the growing role of so-called influencers on internet and social media platforms.

  • May 24, 2019

    Schwab, Investors Ask 2nd Circ. To Revive Libor Claims

    Charles Schwab Corp. and investors in financial instruments tied to the London Interbank Offered Rate on Friday urged the Second Circuit to reinstate claims against a slew of banks over their alleged manipulation of the benchmark, arguing they have proper antitrust standing and that the litigation belongs in U.S. federal courts.

  • May 24, 2019

    Hotel Chains Say Search Scheme Suit Belongs In Illinois

    Hilton, Marriott and other leading hotel chains facing an online travel agent's suit accusing them of anti-competitive behavior, including agreeing not to compete for advertising search terms, objected Thursday to a magistrate judge's report and recommendation that the litigation remain in Texas.

  • May 24, 2019

    Samsung Can't Keep $100M Deal With Qualcomm A Secret

    The $100 million Qualcomm paid to keep Samsung quiet about the chipmaker’s antitrust violations was rightfully disclosed and should not be confidential, a California federal judge ruled in denying Samsung’s bid to reseal settlement details after they were disclosed May 22 in an antitrust case.

  • May 24, 2019

    Food Preparers Settle Tuna Claims With Chicken Of The Sea

    A group including restaurants, caterers and other commercial food preparers told a California federal court on Friday that they have netted a $6.5 million deal with Chicken of the Sea to end their claims over the company's alleged part in a scheme to fix the price of canned tuna.

  • May 24, 2019

    Dems Say Sprint, T-Mobile Deal Conditions Need Public Input

    Six Senate Democrats have called on the Federal Communications Commission and Justice Department to put the brakes on the commission's review of the megamerger between Sprint Corp. and T-Mobile in order to ask for public input on concessions the mobile giants have offered to win federal approval.

  • May 24, 2019

    McKesson Enjoyed 'Massive Insider Trading Binge,' Suit Says

    A McKesson Corp. shareholder claims the drug distributor's directors benefited from a "massive insider trading binge" while participating in an industrywide conspiracy to drive up the prices of generic drugs, in a suit removed to California federal court Thursday.

  • May 24, 2019

    TPG, Vodafone Challenge Australia's Bid To Block $10B Deal

    TPG Telecom and Vodafone on Friday made good on a promise to challenge Australia’s antitrust authority’s finding that their AU$15 billion ($10.4 billion) combination would kill competition in the country’s mobile services market.

  • May 24, 2019

    Santander To Refund £1.4M To Customers For Overdraft Error

    Santander is refunding £1.4 million ($1.8 million) of charges levied on approximately 20,000 customers after the bank failed to warn them that their accounts had become overdrawn, the U.K.’s antitrust regulator said Friday.

  • May 24, 2019

    UK's Theresa May To Resign As Latest Brexit Plan Founders

    Prime Minister Theresa May announced Friday that she will resign as leader of the Conservative Party on June 7 after facing a backlash from lawmakers over her latest attempt to win support for her much-maligned Brexit withdrawal agreement.

  • May 23, 2019

    Boston Cabbies Say Uber Is Tainting Prospective Jury Pool

    Uber is trying to influence potential jurors by sending emails and running advertisements touting its safety, Boston-area taxi companies told a Massachusetts federal judge Wednesday, arguing Uber riders shouldn't serve as jurors if their suit over the ride-hailing service's pricing and other business practices goes to trial.

  • May 23, 2019

    EU Regulators Were OK To Clear VodafoneZiggo, Court Says

    The European Commission rightly cleared Vodafone and Liberty Global's creation of their VodafoneZiggo joint venture supplying mobile, internet and television service in the Netherlands, Europe's top appeals court ruled Thursday, rejecting a challenge to the clearance.

  • May 23, 2019

    FTC Says Likely Pay-For-Delay Deals Are Down

    The Federal Trade Commission said Thursday that despite an increase in the number of settlements between branded and generic-drug makers in 2016, fewer deals included the types of reverse payments that are likely to be anticompetitive.

  • May 23, 2019

    CMA Drafts Order Blocking Sainsbury's-Asda Deal

    The U.K.'s competition watchdog announced Thursday it plans to officially make a draft order blocking Sainsbury's planned £7.3 billion ($9.24 billion) acquisition of Walmart Inc. unit Asda, and is inviting comments on the draft until June 24.

Expert Analysis

  • 3 Lessons From A Crypto Mock Trial

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    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

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    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

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    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

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    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

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    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'

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    "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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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