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Competition
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November 21, 2024
Biden's FCC Chair Stepping Down From Agency Jan. 20
The Democratic head of the Federal Communications Commission said Thursday she will be leaving the agency on Jan. 20.
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November 21, 2024
DOJ Urges Chrome, Android Sales In Google Case
The U.S. Department of Justice late Wednesday formally asked a Washington, D.C., federal judge to order a range of steps to end Google's monopolization of general search services and the text ads shown alongside search results, most notably by forcing the company to spin off the Chrome browser.
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November 20, 2024
Musk, Ramaswamy Say High Court Rulings OK Federal Cuts
Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.
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November 20, 2024
Wash. Judge Questions Startup's Amazon Antitrust Claims
A Washington federal judge on Wednesday suggested that antitrust claims might not survive in a startup's complaint against Amazon Web Services involving a dispute over higher-speed internet connections in the Middle East that allowed the startup to cater to its customer Epic Games.
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November 20, 2024
Ohio Mortgage Co. Gets Rival To Change Name In TM Fight
A Michigan mortgage company has agreed to change its name to end a trademark infringement lawsuit brought by a rival business in Ohio that claimed it was fielding complaints from confused customers over allegedly questionable telemarketing practices.
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November 20, 2024
Attys Slam Deceptive NIL Settlement Services In NCAA Case
Class counsel in the massive NCAA name, image and likeness lawsuit have asked a California federal court to intervene with third-party servicing companies that are using misleading information while offering claims-filing services to class members in order to profit from the proposed $2.78 billion settlement.
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November 20, 2024
Apple Says DOJ Case Has Too Much Speculation To Survive
Apple's attorneys pressed a New Jersey federal judge Wednesday to toss the U.S. Department of Justice's monopolization lawsuit, asserting in oral arguments that the government is simply trying to force them to work with rivals when attacking controls imposed on iPhone app developers.
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November 20, 2024
FERC Says There's No Need To Ref Mich. Grid Upgrade Fight
The Federal Energy Regulatory Commission defended its decision that Michigan Electric Transmission Co. failed to establish that shared ownership of new grid updates needed to serve a Michigan solar farm was necessarily precluded, telling the D.C. Circuit the electric utility hasn't shown how it's harmed.
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November 20, 2024
Pfizer, Flynn Still Face Fines Over Epilepsy Drug Sale To NHS
Britain's competition tribunal issued a ruling Wednesday imposing £69 million ($87.2 million) in fines on Pfizer Ltd. and Flynn Pharma Ltd. for claims they overcharged for an epilepsy drug, after setting aside a decision from enforcers and finding its own violations.
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November 20, 2024
Cross-Border Sales Were Unlawful Monopoly, Feds Say
Prosecutors have urged a Texas federal judge to deny a dismissal bid from two people accused of using violence to monopolize cross-border sales of used cars, saying the individuals were not operating the lawful clerical service they claimed to be running.
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November 20, 2024
PBMs Sue To Block FTC's In-House Insulin Pricing Case
Caremark Rx, Express Scripts and OptumRx have lodged a constitutional challenge of the Federal Trade Commission's in-house case accusing the pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes.
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November 20, 2024
UK Drops Probe Into Google's Investment In AI Startup
The partnership between Google's parent Alphabet Inc. and the U.S. artificial intelligence startup Anthropic PBC does not qualify for investigation under the merger rules, Britain's antitrust authority said Wednesday at the end of the first phase of its investigation.
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November 20, 2024
Pa. Jury Finds Clothing Co. Infringed Penn State Trademarks
Online retailer Vintage Brand infringed Pennsylvania State University's trademarks by selling unlicensed merchandise with "historic" images associated with the university, a Keystone State federal jury has found.
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November 19, 2024
HP Joins Patent Pool After Resolving Suit Over 'Unfair' Terms
HP has agreed to join a patent pool for coding technology developed by companies like Dolby Laboratories, Mitsubishi and Philips, months after alleging that the group was engaging in "a money grab" to coerce it to accept "unfair and discriminatory licensing terms."
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November 19, 2024
Judge Rejects Infosys' Bid To Seal NDAs In Trade Secrets Row
A Texas federal judge shot down Indian tech company Infosys Ltd.'s efforts to seal nondisclosure agreements involved in a trade secrets case over healthcare software, ruling that there was "nothing commercially sensitive" about them.
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November 19, 2024
9th Circ. Grapples With $56M Verdict In TM Beer Battle
A Ninth Circuit panel on Tuesday weighed whether to uphold a $56 million trial victory for Stone Brewing over allegations that MillerCoors infringed the "Stone" mark with its Keystone beer, with judges digging into questions about whether Stone Brewing filed the suit late.
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November 19, 2024
Trump DOT Pick Puts Highway, Road Rebuilds Back In Focus
President-elect Donald Trump's selection of former Wisconsin congressman Sean Duffy to serve as his secretary of transportation would send a savvy communicator to liaise with Capitol Hill and refocus the federal government's infrastructure investment priorities more on highways, roads and bridges and less on renewables and clean-energy initiatives, experts say.
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November 19, 2024
Alaska Airlines Fights Emergency 9th Circ. Bid To Halt Merger
Alaska Airlines has urged the Ninth Circuit not to grant an emergency motion blocking its $1.9 billion acquisition of Hawaiian Airlines, saying the request was filed by flyers and travel agents "without an emergency" after they waited for four months to try to enjoin the airlines from merging.
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November 19, 2024
Neb. AG Expands Electric Trucks Fight To Volvo, Daimler
However a federal court challenge to California's phaseout of gasoline and diesel trucks plays out, Nebraska's attorney general wants to make sure that Volvo, Daimler and other semitruck giants don't eliminate traditional fossil fuel-powered vehicles, filing a Nebraska state court antitrust suit Tuesday describing phaseout commitments as anticompetitive collusion.
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November 19, 2024
Court Won't Toss Consumer Antitrust Case Against Amazon
A Washington federal court issued a sealed order Tuesday denying Amazon's bid to toss updated claims from consumers seeking billions of dollars over allegations that they pay higher prices thanks to the e-commerce giant's treatment of sellers on its platform.
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November 19, 2024
Ill. Makes $1.8M Staffing Antitrust Deal After High Court Input
Illinois Attorney General Kwame Raoul on Tuesday announced a $1.8 million settlement with one of three staffing agencies the state accused of unlawfully agreeing not to poach each other's employees and to offer below-market wages to those assigned to work for a client they shared.
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November 19, 2024
DOJ Effort To Force Google Chrome Sale Draws Criticism
Google's regulatory chief and at least one trade group are blasting a reported push from the U.S. Department of Justice to seek expansive remedies and potentially force a sale of Google Chrome in an ongoing court battle with the tech giant.
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November 19, 2024
Advertisers Fight Google's Arbitration Bid In Ad Tech MDL
A pair of advertisers seeking to represent a class in multidistrict litigation accusing Google of monopolizing key digital ad technology are fighting a bid to push their claims to arbitration, arguing Google's arbitration agreements are unenforceable.
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November 19, 2024
Senators Blast Visa And Mastercard, Promise Action On Fees
A bipartisan group of Senate Judiciary Committee members blasted executives from Visa and Mastercard on Tuesday over swipe fees charged to merchants, promising to rein in what the lawmakers called the companies' monopoly on credit card payments if they do not change their practices.
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November 19, 2024
Litigation Funder Can't Arbitrate German Biz's Discovery Bid
A Delaware federal judge has denied litigation funder Burford Capital's request to force arbitration of a discovery bid associated with foreign litigation accusing the German arm of law firm Hausfeld LLP of trying to circumvent a German ban on contingency fees in certain antitrust litigation.
Expert Analysis
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How Associates Can Build A Professional Image
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.
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5 Steps To Navigating State Laws On Healthcare Transactions
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.
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Orange Book Warnings Highlight FTC's Drug Price Focus
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.
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Firms Must Rethink How They Train New Lawyers In AI Age
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.
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Inside Antitrust Agencies' Rollup And Serial Acquisition Moves
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.
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Think Like A Lawyer: Always Be Closing
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.
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Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk
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.
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Takeaways From Nat'l Security Division's Historic Declination
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.
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Wiretap Use In Cartel Probes Likely To Remain An Exception
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.
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Playing The Odds: Criminal Charges Related To Sports Betting
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.
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Series
Playing Chess Makes Me A Better Lawyer
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.
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Key FCC Enforcement Issues In AT&T Location Data Appeal
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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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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What TikTok's Race Against The Clock Teaches Chinese Firms
The Biden administration's recent divestiture deadline on TikTok parent ByteDance provides useful information for other China-based companies looking to do business in the U.S., including the need to keep products for each market separate and implement firewalls at the design stage, says Richard Lomuscio at Stinson.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.