It has taken longer for the administration of President Donald Trump to get its top antitrust lawyer in place at the U.S. Department of Justice than any since President Jimmy Carter, leaving the division running at a limited clip some six months into Trump's tenure.
A New York magistrate judge on Thursday recommended allowing the testimony of two experts in an antitrust suit alleging Forest Laboratories LLC blocked generic alternatives to its Namenda Alzheimer’s treatment.
The Federal Trade Commission gave its seal of approval Thursday to medical products company Baxter International Inc.’s $625 million purchase of Claris Lifesciences Ltd.’s injectables business, on the condition that Baxter and Claris leave the market for a pair of pharmaceutical products.
Travel booking company Sabre on Wednesday asked the Second Circuit to overturn a $15 million jury verdict awarded to US Airways in the airline’s antitrust suit over Sabre’s contract terms, saying the decision did not heed the appeals court’s holding in a case involving merchant rules imposed by American Express.
A California federal judge on Tuesday granted Flextronics’ bid to withdraw its price-fixing claims against Samsung SDI and a U.S. affiliate after the trio reached a deal in antitrust litigation over alleged price-fixing for lithium-ion batteries.
Just two weeks after acting Federal Trade Commission Chairman Maureen K. Ohlhausen picked her third new acting director of the agency’s bureau of competition, she announced on Thursday that she had selected someone else to temporarily lead the bureau, this time naming a Shearman & Sterling LLP partner.
IPhone manufacturers including Foxconn Corp. and Wistron Corp. urged a California federal judge Tuesday to deny Qualcomm Inc.’s bid for an injunction requiring them to make royalty payments during the chipmaker’s licensing dispute with Apple, saying it would hinder the resolution of antitrust and enforceability concerns related to the deals.
Arkansas, Missouri, New Mexico, West Virginia and Washington, D.C., have joined more than 40 states in suing several major drug companies, including Heritage, Mylan and Teva, in Connecticut federal court for allegedly fixing the prices of a generic antibiotic and a diabetes medication.
Brazil’s antitrust watchdog said Tuesday it had urged an administrative tribunal to find that Sharp, a Hitachi unit and three other companies had colluded with a wider group that fixed the prices of thin film transistors, a key component of laptops and monitors.
A group of Japanese companies including Panasonic Corp. and Mitsuba Corp. took part in a conspiracy to fix prices for switches used in automobiles, according to a proposed class action filed Tuesday in Michigan federal court.
Financial technology firm trueEX LLC won a preliminary injunction on Tuesday from a New York federal court granting it access to the interest rate swap trading network of MarkitSERV Ltd. while an antitrust lawsuit between the pair plays out.
The Second Circuit on Wednesday overturned the convictions of two former Rabobank employees charged with manipulating the London Interbank Offered Rate, saying the case relied on compelled testimony, which cannot be used in U.S. criminal cases even when legally compelled by foreign authorities.
A Teva Pharmaceutical employee holding American depositary shares through a company program launched a proposed class action against the generic-drug maker in Ohio federal court Monday, saying his employer had concealed probes into price fixing and the payment of bribes to foreign government officials.
The Federal Trade Commission's Bureau of Economics director Ginger Zhe Jin is leaving the watchdog to head back to University of Maryland after a sabbatical and has named Michael G. Vita as the bureau’s acting director in her stead, the agency announced Tuesday.
Foxconn and other iPhone manufacturers on Monday brought in Apple Inc. as another defendant in Qualcomm Inc.’s suit seeking royalty payments from them for its cellular technology license agreements in California federal court, saying they had been caught in the middle of a sprawling patent and antitrust dispute between the two tech giants.
Last month, a Delaware federal judge spiked the $367 million merger of rival nuclear waste processing companies that had been challenged by the U.S. Department of Justice, and her recently unsealed opinion underscores the inherent difficulty in raising the so-called failing firm defense to salvage a transaction.
Attorneys representing direct purchasers of potassium supplements on Monday asked for a third of the $60.2 million settlement ending claims Merck & Co. Inc. and Upsher-Smith Laboratories Inc. engaged in a pay-for-delay scheme, saying a $20 million share was fair compensation after more than 16 years of litigating the landmark case.
A Manhattan federal judge on Tuesday dealt a blow to consumers who claim that Sony BMG Music Entertainment and other record labels conspired to fix the price of music downloads, denying their bids to create a nationwide class to block alleged antitrust violations and damages classes across nine states.
Major League Baseball scouts on Monday disputed the relevance of a recent Ninth Circuit holding dismissing minor league ballplayers’ wage claims under a long-held baseball antitrust exemption, telling the Second Circuit that despite similarities in their claims, that ruling has nothing to do with baseball scouts since scouts are not involved in the business of baseball.
The European Union’s antitrust regulator said Monday it has unconditionally approved U.S. online travel company The Priceline Group’s $550 million acquisition of its rival Momondo Group under the EU’s merger regulation, concluding that the deal will raise no competition concerns in the European Economic Area.
The UFC urged a Nevada federal court Friday to reject a bid by mixed martial arts fighters to force the production of purportedly privileged documents in an antitrust suit against the organization, arguing it has already reviewed thousands of documents at the fighters’ request.
Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.
Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.
Several recent studies claim to show that competition is adversely affected when institutional investors hold significant shares in multiple firms within a “concentrated” industry. Following on this research, Eric Posner, Fiona Scott Morton and E. Glen Weyl have proposed a remedy that is a costly and disruptive way to change asset manager behavior, say members of The Brattle Group Inc.
In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.
The recent recasting of the proposed Walgreens-Rite Aid merger as a partial acquisition shows that it’s possible to achieve business goals through alternative means. That is, antitrust problems that often bedevil large-scale mergers can be elided through the use of less ambitious plans, says Randy Gordon, chairman of the antitrust and trade regulation group at Gardere Wynne Sewell LLP.
Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.
By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.
Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.
The Southern District of New York's recent decision in North Sea Brent Crude Oil Futures Litigation, together with the Second Circuit's decision in Loginovskaya, makes clear that Morrison presents a daunting obstacle to private Commodity Exchange Act claims that involve some element of foreign conduct, say attorneys with Skadden Arps Slate Meagher & Flom LLP.
Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.