Competition

  • May 08, 2024

    Fuel Truck Exec Cops To Rigging Firefighting Contract Bids

    An Idaho fuel truck company executive accused of conspiring with others to manipulate bids for U.S. Forest Service firefighting contracts to suppress other competitors in the market over an eight-year period pled guilty Wednesday in federal court, according to the U.S. Department of Justice.

  • May 08, 2024

    BIA Tells 8th Circ. Energy Co. Can't Revive Lease Suit

    The U.S. Department of the Interior's Bureau of Indian Affairs has asked the Eighth Circuit to uphold a North Dakota federal judge's dismissal of Prima Exploration Inc.'s oil and gas lease termination suit, saying the lower court correctly dismissed the case for failure to exhaust administrative remedies.

  • May 08, 2024

    Split 6th Circ. Says Digital Media TM Case Has To Stay In Tenn.

    The Sixth Circuit on Wednesday held that a trademark fight between two companies that digitally preserve home movies, photos and other media will have to play out in a Tennessee federal court, after the panel split over how many customers are enough to extend jurisdiction in the trademark dispute.

  • May 08, 2024

    Teva Must Face Bulk Of Asthma Inhaler Antitrust Suit

    A Massachusetts federal judge largely refused Tuesday to toss antitrust claims accusing Teva of a decadelong anticompetitive scheme to delay generic competition for its blockbuster QVAR asthma inhalers, finding it plausible that Teva paid off a would-be rival and forcibly switched doctors and patients to a new product.

  • May 08, 2024

    Wash. Justices Decline Personal Injury Atty's Fee Split Spat

    Washington's high court has declined to hear a personal injury lawyer's challenge to his old firm's fee-splitting agreement, letting stand a state appellate court's ruling that the contract had "clear and unequivocal language" compelling him to pass on half the fees he earned from the firm's former clients after his departure.

  • May 08, 2024

    Google Fights Subpoena On Texas Amid Ad Tech MDL

    Google is urging a New York federal judge overseeing sweeping multidistrict litigation over the tech giant's alleged monopoly in digital advertising to stamp out a subpoena seeking discovery from Texas in related litigation in the Lone Star State.

  • May 08, 2024

    Trashing Of IP Case Wrongly Cut Atty Fees, Del. Justices Told

    An attorney for a client who saw all claims against him dropped before trial in a suit focused on allegedly purloined trash-handling trade secrets urged Delaware's Supreme Court on Wednesday to reverse the Chancery Court's purported failure to hear his attorney fee claim.

  • May 08, 2024

    Homebuyers Can't Stop NAR's $418M Settlement Hearing

    An Illinois federal judge said Wednesday she won't derail a final settlement hearing for the National Association of Realtors' $418 million deal with home sellers, despite a class of homebuyers' claims that the deal interferes with their separate case, saying they will have a chance to voice concerns at the hearing.  

  • May 08, 2024

    EGC Won't Annul EU Decision To Toss Spanish Tax Scheme

    The European General Court will not annul a European Commission decision that a Spanish tax scheme for vessels built in its domestic shipyards must be abandoned because it was incompatible with the European Union's internal market, according to a judgment released Wednesday.

  • May 08, 2024

    Freshfields Antitrust Duo Rejoins Wilson Sonsini In DC

    Wilson Sonsini Goodrich & Rosati PC announced that a pair of former attorneys, including the new co-chair of its antitrust practice, rejoined the firm following stints at Freshfields Bruckhaus Deringer LLP.

  • May 08, 2024

    Advertisers Fight For Class Action In Google Antitrust Case

    A group of advertisers fought for a green light for their class action against Google owner Alphabet on Wednesday, arguing that their case meets the requirements for a class proceedings order because there are serious issues of abuse of market dominance to be tried.

  • May 07, 2024

    Google Founder And CEO Eyed In Texas Deposition Push

    Texas and allied states have pressed a Texas federal judge not to release Google co-founder Sergey Brin and CEO Sundar Pichai from sitting for depositions in a suit alleging the tech company illegally dominated the online advertising market.

  • May 07, 2024

    Novant CEO Vows To Improve Hospitals Facing FTC Scrutiny

    Novant Health kicked off its defense Tuesday in the Federal Trade Commission's $320 million merger challenge with testimony from its longtime CEO, who vocalized the health system's promise to reinvest in the two struggling hospitals at the center of the case.

  • May 07, 2024

    Fashion Cos. Say FTC Bid To Ax $8.5B Deal 'Makes No Sense'

    The Federal Trade Commission's move to block the owner of Coach and Kate Spade from buying the owner of Michael Kors and Jimmy Choo for $8.5 billion "makes no sense," the companies argued in response, saying they aren't the only handbag brands in the game.

  • May 07, 2024

    Duke Energy Rival Stresses Holistic View Of Monopoly Suit

    Duke Energy's contract snub and price drops reveal a bid to monopolize the North Carolina market when the conduct is viewed holistically rather than in piecemeal fashion, a rival told the Fourth Circuit on Tuesday in an attempt to revive antitrust claims.

  • May 07, 2024

    New IPad Buyers And Complaint OK'd In Amazon-Apple Suit

    Two new iPad buyers filed an amended antitrust complaint Tuesday over the Amazon-Apple pact restricting iPhone and iPad sales to approved vendors after a Washington federal judge overrode defense arguments that the named plaintiff swap is too late and replaces an unsuitable class representative.

  • May 07, 2024

    MultiPlan, Insurance Cos. Accused Of Algorithmic Collusion

    A medical provider has lodged a proposed class action in Illinois federal court accusing MultiPlan and major insurance companies, including UnitedHealth, Aetna, Kaiser Permanente and Cigna, of using pricing tools to systematically underpay out-of-network providers.

  • May 07, 2024

    Venable Trade Co-Chair Shares Hot Takes On US Steel-Nippon

    Back in December, Venable LLP partner Ashley Craig, co-chair of the firm's international trade group, spoke with Law360 just after U.S. Steel disclosed its agreement to be sold to Nippon Steel. Now, he shares his thoughts on the latest developments, including the White House coming out forcefully against the deal and the U.S. Department of Justice launching a probe into it.

  • May 07, 2024

    DOJ Says Cross-Border Antitrust Trial Must Stay In Houston

    Prosecutors have advised Houston's federal court against transferring a criminal case closer to the border, saying their witnesses fear testifying against defendants charged with using violence to control the cross-border sale of used vehicles and other goods in Central America.

  • May 07, 2024

    Amazon Says Zulily Lacks Standing To Bring Antitrust Claims

    Amazon is asking a Washington federal court to throw out now-defunct online retailer Zulily's lawsuit accusing it of using its monopoly power to shut out competition from other online retailers, arguing that Zulily merely "parrots" allegations made by regulators and has singled out "plainly procompetitive practice."

  • May 07, 2024

    Colo. Judge Iffy On DOJ's Missive In Kroger Merger Challenge

    A Colorado state judge said he was unsure Tuesday about how to handle the Department of Justice's recent filing defending the state's authority to challenge Kroger's $24 billion merger with Albertsons, as Kroger claimed federal regulators were flip-flopping their antitrust stance.

  • May 07, 2024

    Tax Software Co. Still Can't Trim Rival's Trade Secrets Suit

    A corporate-focused tax preparation software company still can't pare back a suit alleging that it poached workers from its rival's recently acquired company, a Pennsylvania federal judge ruled Tuesday.

  • May 07, 2024

    $55M Hospital Merger Suit Deal OK'd, UHC Objection Rejected

    An Illinois federal judge has given final approval to a $55 million class settlement, with $23.5 million in legal costs and attorney fees, resolving patient antitrust claims over a NorthShore University HealthSystem merger, all while finding that United Healthcare Services had no standing to object to the deal.

  • May 07, 2024

    Hytera Sanctions Show Strength Of Antisuit Injunctions

    The Seventh Circuit's decision upholding $1 million a day in sanctions against Hytera Communications for violating an order to drop trade secrets and copyright litigation in China highlights the difficulty for lawyers when working alongside Chinese courts, while affirming to patent attorneys how powerful antisuit injunctions can be.

  • May 07, 2024

    Apple Seeks To Block 'Hopeless' £853M Battery Class Action

    Apple urged an appeals court on Tuesday to allow it to challenge a £853 million ($1 billion) proposed class action that accuses it of concealing problems with batteries in the phones of 24 million customers, arguing there is no evidence to support the "hopeless" claim.

Expert Analysis

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Understanding Insurance Is Key To Limiting Antitrust Liability

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    As regulators signal their intent to continue last year's aggressive campaign of corporate antitrust litigation, businesses must make active management of their liability insurance policies, along with a firm knowledge of the limits of their coverage, central to their strategies for limiting the enormous financial risks of enforcement, say attorneys at Nossaman.

  • What FTC's 'Killer Acquisition' Theory Means For Pharma Cos.

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    The Federal Trade Commission's recent lawsuit to block Sanofi's acquisition of a pharmaceutical treatment developed by Maze Therapeutics builds on previous enforcement actions and could indicate the agency's growing willingness to use its so-called killer acquisition theory against perceived attempts to eliminate nascent competition, say attorneys at Morgan Lewis.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Assessing Chinese Cross-Border Data Transfers

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    Jet Deng and Ken Dai at Dacheng unpack the regulatory framework for cross-border data transfers in China, detailing the major systems at play, last year's policy adjustments, and an outlook and practice tips for businesses.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Opinion

    There Is No NCAA Supremacy Clause, Especially For NIL

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    A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.

  • Complying With Enforcers' Ephemeral Messaging Guidance

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    Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.

  • BT Case May Shape UK Class Action Landscape

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    The first opt-out collective action trial commenced in Le Patourel v. BT in the U.K. Competition Appeal Tribunal last month, regarding BT's abuse of dominance by overcharging millions of customers, will likely provide clarification on damages and funder returns in collective actions, which could significantly affect the class action regime, say lawyers at RPC.

  • Opinion

    Suits Against Insulin Pricing Are Driven By Rebate Addiction

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    A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • Opinion

    Pick 'Em Fantasy Sports Games Are Not Illegal Gambling

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    DraftKings Inc. and FanDuel Inc.'s quest for nationwide regulation of competing fantasy sports companies that offer "pick 'em" games lacks legal merit, may violate antitrust law's Noerr-Pennington doctrine, and should be dismissed, says attorney David Balto, a former policy director at the Federal Trade Commission.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

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