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Competition
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October 22, 2024
Ivy League Athletes Plan To Appeal Antitrust Suit's Dismissal
A group of college athletes challenging the Ivy League's practice of prohibiting athletic scholarships told a Connecticut federal judge they plan to appeal the dismissal of their antitrust suit against Harvard and other top-tier universities.
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October 22, 2024
FTC On Cusp Of H&R Block False Ad Settlement
The Federal Trade Commission has come to an agreement with H&R Block to settle claims of deceptive advertising and has withdrawn its complaint in order for the full commission to vote on the deal.
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October 22, 2024
BofA, Others Say Bond-Rigging Suit Still Can't Prove Conspiracy
Bank of America Corp., Wells Fargo & Co., JPMorgan Chase & Co. and others have argued the amended complaint in a recently revived securities suit accusing them of conspiring to rig corporate bonds fails to adequately allege a "farfetched" antitrust conspiracy.
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October 22, 2024
Alaska Flyers Lose Bid to Revive Merger Suit
The Hawaii federal judge who put the kibosh on a suit that sought to stop Alaska Airlines' $1.9 billion merger with Hawaiian Airlines declined to reconsider his finding that the passengers and travel agents bringing the antitrust claims didn't have standing to sue.
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October 22, 2024
UFC Parent Can't Escape Remaining Wages Suit, Fighters Say
The fighters in a wage dispute against UFC that remains unsettled told a Nevada federal court that it is too early for the MMA organization's parent company, Endeavor Group, to exit the ongoing class action without proper discovery.
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October 22, 2024
DOJ Wants Google's AI Search Docs, Apple Entry Thoughts
An expansive look into Google's artificial intelligence pipeline and the prospects of Apple entering into the search market are top of mind for the Justice Department as it pursues remedies meant to address the online giant's illegal monopolization of search, according to a D.C. federal court filing Monday.
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October 22, 2024
Hagens Berman Tells Amazon, Apple: Sure, Sanction Client
Hagens Berman Sobol Shapiro LLP is fine with a Washington federal court sanctioning the firm's client — formerly the lead plaintiff — in a putative antitrust class action against Apple and Amazon, saying it shares their goal of compelling document production after the plaintiff ghosted his attorneys.
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October 22, 2024
EchoStar Blasts SpaceX 12 GHz Study As 'Deeply Flawed'
Dish owner EchoStar hit back at SpaceX in a new filing with the Federal Communications Commission last week, calling a SpaceX study claiming that Dish's proposed fixed 5G service in the 12 gigahertz band would interfere with existing satellite broadband and broadcast service "deeply flawed" and based on "imaginary interference."
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October 22, 2024
FCC Expands FirstNet Spectrum Use In 4.9 GHz Band
The Federal Communications Commission on Tuesday unveiled a controversial plan to expand spectrum rights for AT&T's FirstNet emergency response network in the 4.9 gigahertz airwaves set aside for a wide range of public safety uses.
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October 22, 2024
MVP: Proskauer Rose's Christopher Ondeck
Christopher Ondeck of Proskauer Rose LLP helped convince a jury to reject claims that Sanderson Farms conspired to limit chicken production, allowing the company to escape $7 billion in potential damages after scoring key pretrial wins in the massive case, earning him a spot as one of the 2024 Law360 Competition MVPs.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 22, 2024
UK Probes Iberdrola's €5B Electric Power Co. Deal
Britain's antitrust authority said Tuesday that it has decided to investigate Spanish utility company Iberdrola's proposed acquisition of an 88% stake in Electricity North West to examine whether it could weaken competition in U.K. markets.
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October 22, 2024
CFPB's Open Banking Rule Flops With Industry, Lands In Court
Banks will face new requirements to make account data freely available for consumers to share with fintech firms and other competitors under a long-awaited rule that the Consumer Financial Protection Bureau unveiled Tuesday, drawing an immediate industry legal challenge seeking to block it.
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October 21, 2024
Video Game Co. Looks To Halt Mass Antitrust Arbitration
The company behind PC game marketplace Steam is suing over 600 game buyers in a bid to block them from contintuing in arbitration with antitrust claims against the company, calling the litigants "pawns" in attorney William Bucher IV's mass arbitration scheme.
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October 21, 2024
NC Justices Revive Challenge To Hospital Competition Law
The North Carolina Supreme Court has ordered a trial court to reassess an optical surgeon's suit challenging the state's healthcare competition law over claims that the certificate of need statute violates the constitution by blocking him from using his own operating room.
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October 21, 2024
NCAA Wants Suit From Ex-College Basketball Players Tossed
The NCAA wants a New York federal court to dismiss a lawsuit by men's college basketball players that accuses the organization of exploiting their name, image and likeness by continuously replaying their highlights from March Madness, arguing that it fails in numerous ways, including time-barred claims.
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October 21, 2024
PBMs Keep Door Open To Constitutional Riposte Against FTC
Attorneys for Caremark Rx, Express Scripts and OptumRx kept the door open Monday to challenging the Federal Trade Commission's constitutionality as they face an in-house case accusing the country's three largest pharmacy benefit managers of artificially inflating insulin prices by relying on unfair rebate schemes.
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October 21, 2024
Mike Pence Supports US Steel-Nippon, Calls Critiques 'Bogus'
Former Vice President Mike Pence has come out in support of Nippon Steel's planned $14.9 billion acquisition of U.S. Steel, stating that Nippon will inject essential funding into the ailing Pennsylvania-based steelmaker while helping to fend off China and Russia's growing levels of global steel production.
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October 21, 2024
Judge Cites University Ties To Bow Out Of Aid-Fixing Suit
An Illinois federal judge has recused herself from a proposed antitrust class action against 40 private colleges, reasoning that she has a relationship with one of the university defendants.
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October 21, 2024
CMA Probes German Print Biz's $325M Buy Of US Rival
Britain's antitrust regulator said Monday that it is investigating printing chemicals maker XSYS Germany GmbH's approximately $325 million proposed acquisition of MacDermid Graphics Solutions from U.S. specialty chemicals production company Element Solutions Inc.
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October 21, 2024
Catalent CEO Defends Novo Deal, Will Stay On After Buyout
Catalent CEO Alessandro Maselli told the medical company's customers Monday that Catalent will continue to support them following its planned $16.5 billion sale to Novo Holdings, seeking to assure clientele after Sen. Elizabeth Warren and advocacy groups pressured the Federal Trade Commission to scrutinize and potentially block the deal.
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October 21, 2024
MVP: Latham's Amanda Reeves
Latham & Watkins LLP's Amanda Reeves successfully defended a merger of major sugar manufacturers at the Third Circuit, navigated multibillion-dollar pharmaceutical deals through Federal Trade Commission scrutiny, and geared up for a significant FTC transaction challenge, carving out a spot as one of the Law360 2024 Competition MVPs.
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October 21, 2024
High Court Won't Revisit New-Deal Removal Ruling Yet
The U.S. Supreme Court declined Monday to review a case challenging presidential removal protections for commissioners of the Consumer Product Safety Commission, passing up the opportunity to revisit a New Deal-era precedent at the center of the modern regulatory system.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
Expert Analysis
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IP Hot Topic: The Intersection Of Trademark And Antitrust Law
Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Series
After Chevron: What To Expect In Consumer Protection At FTC
Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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Comparing 5 Administrators' Mass Arbitration Procedures
Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling
The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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4 Steps To Address New Sanctions Time Bar Extension
Recent guidance from the Office of Foreign Assets Control clarifies details of the newly extended statute of limitations for civil and criminal enforcement of U.S. sanctions law, so compliance teams should implement key updates, including to lookback periods and recordkeeping policies, say attorneys at Freshfields.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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What To Expect From CFPB And DOT Card Rewards Inquiry
Following the Consumer Financial Protection Bureau's announcement of joint efforts with the U.S. Department of Transportation to investigate credit card rewards points, credit card issuers and airlines should keep a close eye on potential regulatory and class action litigation risks stemming from the inquiry, say attorneys at DLA Piper.