Divided 9th Circ. Reverses Sutter Health Antitrust Trial Victory

By Hailey Konnath

A split Ninth Circuit panel on Tuesday overturned Sutter Health's win in insurance plan purchasers' $400 million antitrust suit, ruling that the lower court wrongly excluded "highly relevant" evidence — including admissions by Sutter executives — that would've helped the purchasers potentially prove claims they overpaid thanks to Sutter's anticompetitive conduct.

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Judiciary Panel Clears 1st MDL Rule, Eyes 'Mouthpiece' Amici

By Jeff Overley

Top rulemaking gatekeepers for the federal judiciary Tuesday capped off seven years of strife in the defense and plaintiffs bars by backing a milestone measure aimed at optimizing multidistrict litigation, and then promptly greenlighted an entirely different war of words over new efforts to ferret out amicus briefs from "paid mouthpieces" masquerading as independent experts.

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DOJ Remains 'Clear Eyed' About No-Poach Prosecutions

By Bryan Koenig

A senior U.S. Department of Justice Antitrust Division prosecutor continued Tuesday to emphasize the importance of criminal cases accusing employers of fixing wages or curtailing recruitment and hiring of workers from rivals, asserting that despite courtroom defeats, enforcers are trying to learn from past failures.

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Khan, Kanter Say There's Bipartisan Will To Stop 'Coercion'

By Jared Foretek

The federal government's top antitrust enforcers said Tuesday their aggressive scrutiny of mergers and acquisitions is changing the way businesses approach consolidation at the start of the process, and that's good for consumers and workers alike.

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Simpson Reps Frontdoor On $585M Home Warranty Co. Buy

By Al Barbarino

Simpson Thacher is representing Frontdoor Inc. on a newly inked deal to buy fellow home warranties provider 2-10 Home Buyers Warranty, guided by Ropes & Gray, for $585 million in cash, according to a statement Tuesday.

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Illumina Board Puts Grail Spinoff In Motion After EU OK

By Al Barbarino

Illumina Inc. said Tuesday that its board had approved a spinoff of its cancer detection company following a push by activist heavyweight Carl Icahn and an ultimate order from European authorities to dispose of the asset. 

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Nurse Staffing Exec Wants Antitrust, Fraud Charges Separated

By Matthew Perlman

An indicted home health care staffing executive asked a Nevada federal court to separate the antitrust charge against him for allegedly fixing nurses wages from claims that he concealed the conspiracy and government probe when selling the business for more than $10 million.

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Ex-Restoration Co. Execs 'Teeter' On Contempt, Judge Says

By Hayley Fowler

The former presidents of a property restoration company have staved off civil contempt after narrowly convincing a North Carolina Business Court judge that they merely misunderstood an injunction curbing their business activities as opposed to flagrantly disregarding it.

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Rep. Gaetz Backs FTC's Noncompete Ban In Court

By Matthew Perlman

Rep. Matt Gaetz threw his support behind the Federal Trade Commission on Tuesday in a court battle over the agency's new rule banning employee noncompete clauses, arguing that Congress has repeatedly affirmed the commission's authority to make competition rules.

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Aircraft Engine Co. Aims To Sink Suit Of Ex-Blank Rome Atty

By James Boyle

An aircraft engine manufacturer sued by a former Blank Rome attorney over what she said was a malicious lawsuit against her for leaving to represent plaintiffs suing the company has asked a federal judge to toss her Dragonetti Act case.

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Telecom Org. Says Expanding Universal Fund Only Way To Go

By Jared Foretek

The head of a major telecommunications industry group is urging Congress to tap big tech in order to keep the Universal Service Fund afloat, saying in a new article that "the solution to affordable connectivity is staring us in the face."

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Quinn Emanuel Lands Former JBS CLO As Antitrust Co-Chair

By Emily Sawicki

Quinn Emanuel Urquhart & Sullivan LLP's latest lateral hire is an experienced antitrust attorney who brings decades of BigLaw, government and in-house experience to the role of co-chair of the firm's antitrust and competition practice.

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A Look At M&A Conditions After FTC's Exxon-Pioneer Nod

The Federal Trade Commission's recent consent decree imposing several conditions on Exxon Mobil's acquisition of Pioneer Natural Resources helps illustrate key points about the current merger enforcement environment, including the probability of further investigations in the energy and pharmaceutical sectors, say Ryan Quillian and John Kendrick at Covington.

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Circuit Judge Writes An Opinion, AI Helps: What Now?

Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

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To Make Your Legal Writing Clear, Emulate A Master Chef

To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

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Interview

DLA Piper Atty, Ex-UK Official On Practicing Across The Pond

By Alison Knezevich

In returning to the United States after nearly two decades in London, former Serious Fraud Office official Judy Krieg says DLA Piper was the ideal place to serve clients and leverage the skills she has gained from working on both sides of the Atlantic.

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Lippes Mathias Merges With Syracuse Health, Business Firm

By Andrea Keckley

Buffalo, New York-based firm Lippes Mathias LLP said this week that it had created one of the state's largest healthcare attorney teams outside New York City in combining with Syracuse business and healthcare boutique CCBLaw, a move that will ultimately add 11 lawyers and eight nonlawyer professionals to its ranks.

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From Small Town To 11th Circ., Nominee Pledges 'Open Mind'

By Jake Maher

A nominee for an Eleventh Circuit seat on Wednesday discussed his small-town upbringing, award-winning career as a prosecutor and the "obligation" he feels to be a role model for others considering a career in the law, saying he would approach cases with an "open mind" if confirmed to the federal appeals court.

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NY Gov. Denies Cop-Shoving Judge New Term

By Frank G. Runyeon

A Buffalo judge censured for brawling with neighbors, shoving a police officer and bragging about his ties to power was denied a second term by New York Gov. Kathy Hochul, who took the unusual step of rejecting the judge's request for reappointment.

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AAA Says Fee Critique 'Flawed' For Missed Eclipse Day Depo

By Lynn LaRowe

An attorney sanctioned for missing a deposition in Florida while he was in Arkansas viewing April's solar eclipse used "guesswork" in a response asking a federal judge in the Sunshine State to whittle a request for $7,800 in fees down to just over $1,200, according to a reply filed this week by AAA in a lawsuit by a former employee.

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Ex-Sacks Weston Atty Blames 'Toxic' Firm For His Theft

By P.J. D'Annunzio

A Philadelphia attorney convicted of defrauding his former law firm told a state ethics panel Wednesday that he was remorseful for his deeds, but he noted he was driven to his crime by being owed money by his firm for too long.

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A Healthier Legal Industry Starts With Emotional Intelligence

The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

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An Ex-BigLaw Atty Shot His Wife. Who Gets Her Settlement?

By Kelcey Caulder

The administrator of the estate of Diane McIver, who was fatally shot by her husband, former Fisher Phillips partner Claud "Tex" McIver, while driving through Atlanta in 2016, has asked a Georgia state court to decide who is entitled to settlement funds from a wrongful death case brought by the estate.

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Rutgers Law Students Must Provide Comms In Bias Suit

By Madison Arnold

A pair of Rutgers Law School students must turn over recordings and messages in a Jewish classmate's lawsuit accusing the school of antisemitic bias for opening a disciplinary investigation against him after he spoke out against the same two students for allegedly spreading antisemitism, a New Jersey state judge has ruled.

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After Judge Takes Trip To Israel, Attys Want Him Off Gaza Case

By Cara Bayles

Palestinian rights activists asked a Ninth Circuit judge to recuse himself from a case claiming that the Biden administration flouted international laws barring genocide by supporting Israel's military efforts in Gaza, noting that the judge recently took a trip to Israel sponsored by the World Jewish Congress.

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