Competition

  • November 04, 2024

    NFL Stakes Out Appeal Rights In Sunday Ticket Antitrust Fight

    While the NFL was able to overturn a $4.7 billion antitrust jury verdict against its Sunday Ticket broadcasting package, the league is nevertheless staking out an appeal at the Ninth Circuit in case the fight is turned on its head again.

  • November 04, 2024

    US Soccer Claims Promoters 'Flip-Flopped' In Antitrust Suit

    The U.S. Soccer Federation accused promoter Relevent Sports of constantly changing its theories of antitrust violations "on the fly" and asked a New York federal court to throw out its suit a second time, after talks of a settlement between the two sides recently fell apart.

  • November 04, 2024

    US IPO Activity Hits Standstill As Election Takes Center Stage

    U.S. initial public offerings have screeched to a halt amid peak election season, and dealmakers expect new listings to largely remain iced until next year as market participants sort out ramifications of Tuesday's presidential and congressional contests.

  • November 04, 2024

    Former FTC Northeast Director Joins Arnold & Porter

    After 12 years in a senior role with the Federal Trade Commission, the former director of the agency's Northeast region has moved to private practice and joined forces with another former FTC enforcer he reported to for years, he told Law360 Pulse Friday.

  • November 04, 2024

    5 Questions With Dechert Antitrust Partner Douglas Lahnborg

    Douglas Lahnborg strode into the EU Commission just as his home country, Sweden, needed someone who could decipher the bloc’s laws. Here, Lahnborg talks to Law360 about his move from Orrick to Dechert, the Competition and Market Authority's crackdown on artificial intelligence and closing a cartel investigation in record time.

  • November 01, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.

  • November 01, 2024

    Elevance Says Flawed Medicare Rating System Cost It $375M

    Elevance Health Inc. has hit the Biden administration with a $375 million lawsuit in Texas federal court after the government slashed star ratings for its Medicare Advantage and Part D health plan contracts in the latest of multiple lawsuits by insurance companies challenging the government's rating system.

  • November 01, 2024

    Fired Exec's Claims Cut From Aerospace Trade Secrets Case

    An aerospace company's ex-president, who alleged defamation and unlawful termination in counterclaims against his former employer in a lawsuit accusing him of stealing its trade secrets to launch a rival business, saw all his claims get dismissed Friday in New Jersey federal court.

  • November 01, 2024

    Kroger Blasts 'Food Desert' Fears From Wash. Nonprofits

    Kroger and Albertsons said the trial judge in Washington's bid to block a $24.6 billion merger should reject amicus briefs from two cities, a food bank and a poverty nonprofit, saying their assertions that the deal would inflate grocery prices and create food deserts in some communities rehash claims by activists and the media.

  • November 01, 2024

    2nd Circ. Won't Revive Warner Bros. Discovery Merger Suit

    The Second Circuit refused Friday to resurrect a putative shareholder class action over the $43 billion tie-up that created Warner Bros. Discovery Inc., saying pre-merger documents adequately informed investors about streaming subscriber numbers and planned business strategies for the combined media giant.

  • November 01, 2024

    Michael Jordan's NASCAR Team Sees Discovery Bid Dunked

    A North Carolina federal judge has rejected a bid for expedited discovery in an antitrust suit against NASCAR filed by two racing teams, including one owned by Michael Jordan, saying the proposed requests are not narrowly tailored enough and that the time frame sought would "put a significant burden" on NASCAR.

  • November 01, 2024

    Health Data Co. Urges 4th Circ. To Keep Access Open

    Nursing home data analytics company Real Time Medical Systems urged the Fourth Circuit on Friday to keep in place an order that stops electronic medical records company PointClickCare from using unsolvable captcha prompts to block access to patient records.

  • November 01, 2024

    Calif. Court OKs $32M Telescope Price Fixing Settlement

    Celestron and several other rival telescope makers have convinced a California federal court to preliminarily approve their $32 million settlement to end claims that they had been working together to hike up the price of the stargazing devices, after more than four years of litigation.

  • November 01, 2024

    Treasury Expands Foreign Land Transaction Authority

    The U.S. Department of the Treasury announced Friday that it has added 59 new military installations to the list of those over which it has jurisdiction to review any nearby real estate transactions involving foreign citizens.

  • November 01, 2024

    Jury To Decide Timing Issue In Insulin Patch Trade Secret Row

    A Massachusetts federal judge has refused to trim some allegations in Insulet Corp.'s suit alleging that a South Korean insulin pump patch manufacturer stole trade secrets, while finding that a jury needs to decide when the clock started to tick on a federal trade secrets claim.

  • November 01, 2024

    CMA Raises Concerns Over GXO's £762M Logistics Deal

    Britain's competition enforcer said Friday the completed £762 million ($950 million) takeover of supply-chain group Wincanton PLC by GXO Logistics Inc. could raise prices for businesses that rely on contract logistics providers to move goods around the country.

  • November 01, 2024

    College Athletes' Attorney Rebuffs NIL Settlement Critics

    A key architect of the landmark antitrust settlement forcing the National Collegiate Athletic Association to pay over $2.7 billion and set up a revenue-sharing system for athletes defended the deal against a slew of objectors Friday, explaining that the arrangement delivers a windfall for the athletes as quickly as possible.

  • November 01, 2024

    Taxation With Representation: Kirkland, Davis Polk, Wachtell

    In this week's Taxation with Representation, BC Partners sells its majority equity interest in GardaWorld, Lone Star Funds sells specialty chemicals company AOC to Nippon Paint Holdings, Crescent Biopharma takes GlycoMimetics private, and Francisco Partners buys AdvancedMD from Global Payments.

  • November 01, 2024

    Hoka Fixed Prices By Blocking Online Store, Tribunal Finds

    The sneaker maker behind Hoka engaged in indirect price fixing by blocking a British running shoe retailer from selling through an online discount store, a U.K. tribunal has ruled.

  • November 01, 2024

    Pillar Aught, Kilpatrick Guide $127M Pa. Bank Merger

    Pillar Aught and Kilpatrick Townsend & Stockton LLP are guiding a roughly $127 million all-stock merger of two Pennsylvania community banks, Mid Penn Bancorp Inc. and William Penn Bancorporation, the banks announced Friday.

  • October 31, 2024

    Drug Cos. To Pay $49M For State-Led Generic Pricing Claims

    A contingent of state-level enforcers reached settlements totaling $49.1 million on Thursday with Heritage Pharmaceuticals Inc. and Apotex Corp. for their alleged part in a wide-ranging conspiracy to inflate the price of generic drugs.

  • October 31, 2024

    X Corp. Plays Discovery 'Games' To Shield Musk, Judge Told

    Left-leaning watchdog Media Matters for America fired another broadside at X Corp. Wednesday in an ongoing discovery battle between the parties, telling a Texas federal judge that the social media company continues to "play games about discovery" to shield Elon Musk and keep unfavorable evidence from the defendants.

  • October 31, 2024

    4th Circ. Told Door-Maker's $10M Claim Double-Dips Coverage

    A Travelers unit says it shouldn't have to fork over $10 million in excess coverage to a North Carolina door manufacturer that paid $39.5 million to settle a securities class action, telling the Fourth Circuit that the case stems from a flurry of antitrust litigation that began before its policy went into effect.

  • October 31, 2024

    Scott + Scott Sues Robins Kaplan For $5M In Swipe Deal Fees

    Scott + Scott Attorneys at Law LLP alleged in a New York state court lawsuit that Robins Kaplan LLP, its co-counsel in antitrust litigation over Visa Inc. and Mastercard's interchange fees, is withholding $5 million in promised payouts from the case's $5.6 billion settlement.

  • October 31, 2024

    6th Circ. Wrestles With Reach Of FCC's Net Neutrality Powers

    Sixth Circuit judges on Thursday sought to clear up what one described as a "close call" over how much authority Congress gave the Federal Communications Commission to regulate internet traffic when lawmakers overhauled telecommunications law in 1996.

Expert Analysis

  • What Companies Should Consider Amid Multistate AG Actions

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    The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • 5 Steps To Navigating State Laws On Healthcare Transactions

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    As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.

  • Orange Book Warnings Highlight FTC's Drug Price Focus

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    In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Inside Antitrust Agencies' Rollup And Serial Acquisition Moves

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    The recent request for public comments on serial acquisitions and rollup strategies from the Federal Trade Commission and U.S. Justice Department mark the antitrust agencies' continued focus on actions that fall below premerger reporting thresholds, say attorneys at Paul Weiss.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk

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    A rare federal court decision under the Robinson-Patman Act, which prohibits certain kinds of price discrimination, highlights the antitrust risks faced by certain suppliers and is likely to be cited by future plaintiffs and enforcement officials calling for renewed scrutiny of pricing and discounting practices, say attorneys at Baker McKenzie.

  • Takeaways From Nat'l Security Division's Historic Declination

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    The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • Playing The Odds: Criminal Charges Related To Sports Betting

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    In light of recent sports betting scandals involving MLB player Shohei Ohtani and NBA player Jontay Porter, institutions and individuals involved in athletics should be aware of and prepared to address the legal issues, including potential criminal charges, that sports gambling may bring to their door, say attorneys at Steptoe.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Key FCC Enforcement Issues In AT&T Location Data Appeal

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    AT&T’s decision to challenge a $57 million fine from the Federal Communications Commission for its alleged treatment of customer location information highlights interesting and fundamental issues about the constitutionality of FCC enforcement, say Patrick O’Donnell and Jason Neal at HWG.

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