A Qualcomm executive took the stand Friday during a California federal bench trial over the Federal Trade Commission's allegations the company's "no license, no chips" practice violates antitrust laws, testifying that it modeled its standard-essential patent process after Google's 2013 consent decree with the FTC.
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TOP NEWS

Qualcomm Exec Says Google, FTC Deal Was Royalties Model

A Qualcomm executive took the stand Friday during a California federal bench trial over the Federal Trade Commission's allegations the company's "no license, no chips" practice violates antitrust laws, testifying that it modeled its standard-essential patent process after Google's 2013 consent decree with the FTC. Read full article »

Avenatti Slammed For 'Tactical' DQ Bid In Fee Fight

Lawyers attempting to collect on a bankruptcy court judgment against attorney and Trump antagonist Michael Avenatti told a California federal court that Avenatti’s bid to disqualify them from the $10 million suit is a delay tactic that would allow him to move assets around while the case is pending. Read full article »

No Sanctions For Baseball League's Ex-Attys, Judge Says

An independent baseball league team owner who settled a suit with execs who allegedly cut him out of a new team deal can’t punish the league's former lawyers with $325,000 in sanctions for “vexatious” conduct, an Indiana federal court said Friday. Read full article »

Fla. Co. Soured Clients On Ex-Contractor, $110M Suit Says

A former independent contractor for Florida-based health care management consulting company CareOptimize filed a $110 million suit Thursday accusing the company of ruining her relationships with clients by telling them she was subject to noncompete agreements and that she was sick and could not work. Read full article »

ENERGY & ENVIRONMENTAL

Texas Justices Take Up Permian Basin Lease Ownership Row

The question of whether an appeals court can overrule a contract dispute settlement between two oil companies that traded $3 million in potential damages for a 25 percent working interest in Permian Basin oil and gas leases will come before the Texas Supreme Court next month. Read full article »

PRODUCT LIABILITY

Seat Maker Must Face BNSF Suit Over Engineer's Injury

Seats Inc. must face BNSF Railway Co.'s breach-of-contract suit alleging the manufacturer should be on the hook for payments to an engineer who suffered career-ending injuries from allegedly defective locomotive seats, a Nebraska federal judge ruled. Read full article »

Feature

Ill. Subcontractors Get Some Relief From State's High Court

Construction subcontractors are the clear winners in the wake of an Illinois Supreme Court decision that overturned a 35-year-old case and said homeowners can’t directly sue subcontractors over problems with their new homes. Read full article »

PRIVACY & CONSUMER PROTECTION

Judge Holds Off On Stopping Tough Mudder Split, For Now

Tough Mudder will be able to proceed with a spinoff of a studio fitness business from its obstacle course business, provided it can show a Massachusetts federal judge it is not dividing its corporate entity and can pay a judgment sought by a proposed class of runners who sued over a relocated event, the judge said Thursday. Read full article »

SECURITIES & WHITE COLLAR

UK Litigation Roundup: Here's What You Missed In London

The last week has seen former Rabobank trader Anthony Conti sue his old employer, ArcelorMittal take Essar’s investment manager to court months after acquiring its steel business, and the managing director of AlixPartners sue a prominent Irish businessman and a British property tycoon. Here, Law360 looks at those and other new claims in the U.K. Read full article »

COMPETITION

Door Maker Looks To Move Antitrust Suit Out Of Virginia

Masonite Corp. has asked a Virginia federal court to transfer a case accusing it and fellow door maker Jeld-Wen Inc. of a price-fixing conspiracy, arguing the proceeding has no connection to the district and complaining that the plaintiffs were engaging in "flagrant forum shopping." Read full article »

BANKRUPTCY

Oro Negro Ch. 15 Parties Agree To Mediate Rig Fight

In an effort to streamline dual bankruptcy proceedings for Mexican oil rig company Perforadora Oro Negro in its home country and the U.S., a domestic mediator will join negotiations between the company and its creditors in a jack-up rig seizure dispute, a U.S. bankruptcy judge said. Read full article »

CONSTRUCTION

Website Not Enough To Establish Pa. Jurisdiction, Panel Says

Just because a business had a website accessible to customers in Pennsylvania does not mean it has sufficient contact with the state for its courts to have jurisdiction over a disputed transaction that occurred mostly in Virginia, the Pennsylvania Superior Court ruled Friday. Read full article »

EXPERT ANALYSIS

Rethinking Who Decides Gateway Arbitrability Issues

Although federal courts have opined that incorporation of institutional arbitral procedural rules that authorize the arbitral tribunal to determine its own jurisdiction constitutes “clear and unmistakable” evidence that the parties intended to have the tribunal alone determine arbitrability issues, one commentator begs to differ, says Gilbert Samberg at Mintz Levin Cohn Ferris Glovsky and Popeo PC. Read full article »

Settlement Counsel Key For Efficient Mass Tort Resolution

Team-based specialization in mass tort litigation defense allows each member to draw on individual strengths, maximizing their contribution. A core tenet of this approach is using settlement counsel to focus on strategic initiatives and end-game resolution efforts, separate from the heated battle lines of the litigation, say attorneys at Faegre Baker Daniels LLP. Read full article »

LEGAL INDUSTRY

Analysis

Skadden's Deal With DOJ Comes With Legal Woes For Craig

Skadden Arps Slate Meagher & Flom LLP called its $4.6 million deal with the U.S. Department of Justice “closure” after failing to register its lobbying work for the Ukrainian government, yet experts say the settlement actually exposes serious legal risks faced by ex-partner Gregory Craig and potentially others. Read full article »

Analysis

Skadden Began Ukraine Work With Caution, Ended It In Lies

Emails released by the U.S. Department of Justice show how Skadden Arps Slate Meagher & Flom LLP lawyers slowly abandoned caution toward a foreign lobbying law and began openly lying to federal investigators during their engagement with the Ukrainian government from 2012 to 2013. Read full article »

Analysis

Skadden Deal Shows DOJ's FARA Focus Shifting To High Gear

The settlement announced Thursday between Skadden Arps Meagher & Flom LLP and the U.S. Department of Justice is the latest sign of increased enforcement of the current Foreign Agent Registration Act, even as efforts to update the law have gone nowhere. Read full article »

Analysis

For Skadden's Brand, Ukraine Scandal A Shot Across The Bow

Skadden’s unregistered lobbying work for the Ukrainian government has cost the law firm $4.6 million in a settlement with the U.S. Department of Justice, but could the debacle cost the firm even more in reputational damage? Read full article »

Feature

Could A Tougher Standard For Law Schools Hurt Diversity?

The American Bar Association’s governing body is poised to vote later this month on a proposal to create stricter standards for law school bar passage rates, a move some say could have a negative impact on the diversity of the legal profession. Read full article »

Fed. Circ. To Remain Open During Shutdown

The Federal Circuit said in an order published on Friday that it would remain open during the partial government shutdown, with all deadlines remaining in place and all oral arguments proceeding as scheduled, as the federal courts brace themselves to run out of available funds within the coming days. Read full article »

GC Cheat Sheet: The Hottest Corporate News Of The Week

Two new reports found that in-house lawyers are increasingly looking for nontraditional perks such as flexible work arrangements and paid meals in addition to hefty bonuses, and that law firm leaders in the new year are overall fairly confident about their own shops' prospects but have more gloomy predictions about the domestic and global economies. These are some of the stories in corporate legal news you may have missed in the past week.​ Read full article »

Podcast

Law360's Pro Say LIVE: SDNY Chief Talks Women In The Law

This week the Pro Say podcast is live from the New York State Bar Association's annual meeting, talking with the chief judge of the Southern District of New York about how women are faring in the legal profession. Read full article »

Judge Orders Blue Cross Attys To Shape Up In Antitrust MDL

The Alabama federal judge overseeing sweeping antitrust litigation against the Blue Cross Blue Shield network has said he can no longer wait for the insurance giant’s army of lawyers to marshal themselves into a more manageable group, ordering a dozen attorneys into a "Council of Twelve" to streamline a leadership plan. Read full article »

Feature

Behind The Scenes, #TimesUp Fund Gets To Work

The TimesUp Legal Defense Fund, born of a social media hashtag, has grown to $24 million and is so far funding sexual harassment litigation, defamation defense, and public relations on behalf of dozens of women. But most of its work is taking place behind the scenes. Read full article »

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