Competition

  • February 05, 2024

    Brokerage Asks Justices To Apply Arbitration To $1.8B Verdict

    HomeServices told the U.S. Supreme Court that the Eighth Circuit wrongly rejected arbitration agreements with certain members of a class that won a $1.8 billion verdict from a Missouri jury in October against the company, Keller Williams and the National Association of Realtors.

  • February 02, 2024

    Eli Lilly, Sanofi Beat Antitrust Suit Alleging Insulin Conspiracy

    A New York federal judge on Thursday tossed an antitrust suit alleging major drug manufacturers conspired to retract insulin discounts to boost profits, saying the companies developed their drug policies separately and not in conjunction with one another.

  • February 02, 2024

    Apple Users Win Class Cert. In App Store Monopolization Case

    A California federal judge certified a class of consumers Friday in high-stakes antitrust litigation over Apple's App Store, finding the consumers have addressed issues with their damages models and rejecting Apple's argument that testimony from the consumers' experts should be thrown out.

  • February 02, 2024

    US Chamber Calls SEC SolarWinds Suit An FCPA 'Power Grab'

    The U.S. Chamber of Commerce on Friday urged a New York federal court to ax the U.S. Securities and Exchange Commission's suit against software provider SolarWinds Corp., saying the agency is using a provision of the Foreign Corrupt Practices Act as a power grab for broader corporate policing authority.

  • February 02, 2024

    Google Faces Mounting Pressures In Ad Tech Cases

    A Texas federal judge said Friday that Google would have to refile a dismissal bid aimed at state attorneys general allegations targeting its display advertising placement auction technology dominance, while half a continent away the U.S. Department of Justice eyed a July trial over that same technology in a Virginia federal courtroom.

  • February 02, 2024

    1st Circ. Fast-Tracks JetBlue And Spirit Merger Block Appeal

    JetBlue Airways and Spirit Airlines got their wish for a speedy appeal to a federal judge's decision blocking their plans for a $3.8 billion merger on Friday, with the First Circuit saying arguments would be heard in June.

  • February 02, 2024

    3rd Circ. Won't Overturn Fireworks Control IP Decision

    The Third Circuit has refused to overturn an earlier finding that lifted a preliminary injunction blocking Romanian company fireTEK from distributing a product that allegedly infringed a copyright on a U.S. rival's fireworks display communication protocol.

  • February 02, 2024

    Dem Sens. Float Bill To Prevent Algorithmic Price-Fixing

    A group of Democratic senators introduced a bill Friday that would prevent companies from using software to fix prices through algorithms, saying the issue has already come up in the rental housing market and could soon spread to other sectors.

  • February 02, 2024

    NCAA Hoopster Reinstated As Judge Questions Transfer Rule

    A New Jersey federal judge late Friday reinstated a Rutgers basketball player whom the NCAA had suspended for 15 games, ruling that the organization cannot keep him off the court using a now prohibited transfer eligibility rule and that he had shown that doing so would cause him irreparable harm.

  • February 02, 2024

    Bedoya Eyes Worker Misclassification As Unfair Competition

    Federal Trade Commission member Alvaro M. Bedoya called on Friday to employ the agency's powers to combat "unfair methods of competition" against companies that misclassify workers as independent contractors to insulate themselves from liability and slash compensation.

  • February 02, 2024

    Ill. Towns, Metra Ask DC Circ. To Void CP-KCS Rail Merger

    Several Illinois towns and Chicago's commuter rail system told the D.C. Circuit on Friday that federal regulators improperly approved Canadian Pacific's $31 billion merger with Kansas City Southern without fully vetting the public safety and environmental harms resulting from increased rail traffic congestion in the Windy City.

  • February 02, 2024

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

    This past week in London has seen Dentons sued by a former high-profile partner in Saudi Arabia, Jaguar Land Rover rev its engine in the intellectual property court against automotive company HaynesPro, and the Russian National Reinsurance Company tackle a settlement with BOC Aviation over stranded aircraft. Here, Law360 looks at these and other new claims in the U.K.

  • February 02, 2024

    Google Looks To Nix Epic's Play Store Win

    Google told a California federal court it should toss out a jury verdict in favor of Epic Games in its antitrust case over Android apps, saying the jury received improper instructions and also relied on a flawed view of the market that ignores competition from Apple.

  • February 02, 2024

    Colo. Firm Says Texas Rival Is Encroaching On 'Strong Arm' Turf

    A prominent Colorado personal injury firm has sued a Texas-based personal injury firm in Denver District Court for allegedly violating an agreement to only use the phrase "the strong arm" for marketing in Texas.

  • February 02, 2024

    Off The Bench: NIL In Court, $3B Golf Deal, Angelos Sells O's

    In this week's Off The Bench, the NCAA's legal woes mount as two states lob antitrust claims against its name, image and likeness payment rules, the PGA Tour secures a $3 billion investment as talks with LIV Golf trudge on, and the Angelos family sells its stake in the Baltimore Orioles.

  • February 02, 2024

    UK Regulator Examining Thermo Fisher's $3.1B Olink Buy

    The U.K.'s Competition and Markets Authority said Friday that it is looking into American biotechnology company Thermo Fisher Scientific's planned $3.1 billion purchase of Swedish biotech business Olink to determine whether it will result in reduced competition.

  • February 02, 2024

    Competition Group Of The Year: Hogan Lovells

    Hogan Lovells secured a midtrial deal to end a U.S. Department of Justice challenge to Assa Abloy's $4.3 billion pickup of Spectrum Brands' hardware and home improvement business, making it one of Law360's 2023 Competition Practice Groups of the Year.

  • February 02, 2024

    Calif. Drywall Co. Again Short On Wages And OT, Court Told

    A California drywall company continues to underpay its workers and to prevent them from recording their overtime despite having faced several U.S. Department of Labor investigations on those issues, the state's attorney general has said in state court.

  • February 01, 2024

    After Dechert Says M&A Probes Hit Low, FTC Fires Back

    A new Dechert LLP report found there were just 12 significant U.S. merger investigations concluded in 2023, a 40% drop from 2022 and the lowest since 2011, but the FTC said Thursday that it stands by its numbers and called Dechert's criticism of its reporting "ridiculous." 

  • February 01, 2024

    Kirkland Under Chancery Fire In Space Biz Merger Suit

    Scant disclosures from Kirkland & Ellis LLP about its partners' potential financial stake in a $1.2 billion deal the firm was advising drew sharp scrutiny from Delaware's Court of Chancery at a hearing in Wilmington on Thursday.

  • February 01, 2024

    DOJ Tells 1st Circ. Not To 'Rush' JetBlue, Spirit's Appeal

    The U.S. Department of Justice pushed back Wednesday on JetBlue and Spirit Airlines' bid for the expedited treatment of an appeal that seeks to preserve their $3.8 billion merger after it was blocked by a Massachusetts federal court, telling the First Circuit it has no obligation to meet the airlines' "self-imposed deadline."

  • February 01, 2024

    Keller Williams OKs $70M Deal To Exit Broker Commission Suit

    The home-sellers who alleged the National Association of Realtors and several brokerages artificially increased costs by requiring them to pay buyer-brokers' commissions said Thursday that Keller Williams Realty has agreed to a $70 million settlement.

  • February 01, 2024

    Albertsons, Kroger Slam Shoppers' Last Shot To Fight Merger

    Albertsons and Kroger urged a California judge Wednesday to toss for good a challenge to the grocers' proposed $24.6 billion merger, saying the customers' second amended complaint "parrots" arguments the court previously rejected for lack of standing.

  • February 01, 2024

    U. Of Tenn. Athletic Director Rips NCAA's NIL Rules, Probe

    University of Tennessee Athletic Director Danny White blasted the NCAA over its policies regarding name, image and likeness compensation for athletes on Thursday, criticizing the governing body's investigation of the school for using NIL to recruit prospects and accusing it of using the university "as an example for their own agenda.''

  • February 01, 2024

    Golf's Existential Crisis Just Got A $3 Billion Jolt

    The restructuring of professional golf began to take shape this week with a $3 billion outside investment for the PGA Tour, leaving attorneys and academics with even more questions about the flagship promotion's already murky negotiations with its Saudi-backed rival LIV Golf.

Expert Analysis

  • Reading Between The Lines Of HHS' National Lab Opinion

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    The U.S. Department of Health and Human Services' Office of Inspector General recently rejected a national laboratory's request to pay a referring lab to process specimens, but the request might have been an attempt to exploit the OIG's advisory opinion process for a competitive advantage, says Mary Kohler at Kohler Health Law.

  • ITC Ban On Apple Watch Could Still Be Reversed

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    The U.S. International Trade Commission's recent final decision that the Apple Watch infringed two patents owned by Masimo Corp. was a rare instance of a popular consumer product being hit with an absolute importation ban, but it's possible that President Joe Biden could assert his power to reverse the ITC decision, says Benjamin Horton at Marshall Gerstein.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Biden Admin's M&A Rhetoric Outpaces Enforcement Numbers

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    Despite the Biden administration's rhetoric about the need to reinvigorate antitrust efforts, merger enforcement actions by the Federal Trade Commission and the U.S. Department of Justice Antitrust Division are at 20-year lows, with the agencies opting for deterrence instead, says Ryan Quillian at Covington.

  • Best Practices For Cos. Navigating US-China Investigations

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    Given recent enforcement trends and the broad jurisdictional reach of U.S. laws, companies with operations in China must enhance their compliance programs in order to balance new corporate enforcement expectations with Chinese data protection and privacy requirements, say attorneys at Paul Hastings.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • 5 Ways To Leverage Recent DOJ 'Safe Harbor' M&A Policy

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    Companies can take a series of practical steps both before and after closing to gain maximum advantage from the recently announced U.S. Department of Justice merger and acquisition safe harbor policy and minimize enforcement risk, say Jonny Frank and Jeremy Hirsch at StoneTurn.

  • Get Ready For Calif.'s Expanded Restrictive Covenant Ban

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    California recently passed the second of two new laws that together largely prohibit restrictive covenants, even for certain out-of-state employers — and since there's not much time before the statutes become effective, now is the time for companies to revisit how their confidential information will be protected, says Russell Beck at Beck Reed.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Avoiding Bribery, Corruption And Sanctions Risks In Int'l M&A

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    Given the evolving merger and acquisition landscape — as evidenced by the Justice Department’s recently announced safe harbor policy — acquirers conducting international transactions must build bribery, anti-corruption and sanctions risk considerations squarely into their due diligence processes, say Brian Markley and Jennifer Potts at Cahill Gordon.

  • What To Watch As The FCC Leans Into National Security

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    Information and communications technology and services operators and investors should keep a close eye on the Federal Communications Commission's increasing activity in national security matters, which could slow transactions and subject providers to additional oversight, say David Plotinsky and Patricia Cave at Morgan Lewis.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • FTC, DOL Collab Marks New Labor Market Enforcement Era

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    The Federal Trade Commission and the U.S. Department of Labor’s recent agreement to share information and coordinate investigations, coupled with new premerger rules and merger guidelines, underscores the paradigm shift underway to use the full authority of administrative agencies for worker protection, say Jeetander Dulani and Bill Kearney at Stinson.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Calif. Right To Repair Law Highlights A Growing Movement

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    New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.

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