Competition

  • October 10, 2024

    Most Appian Claims Survive In Pegasystems Defamation Fight

    A Massachusetts federal judge has allowed most counterclaims from business software company Appian Corp. to proceed against rival Pegasystems Inc., which accused its competitor in a lawsuit of making deliberately malicious statements and representations regarding a trade secret case the parties are litigating in Virginia.

  • October 10, 2024

    Homebuyers Tell 8th Circ. Broker Deal Gives Them Nothing

    Homebuyers are urging the Eighth Circuit to undo the approval of $208.5 million in settlements struck by real estate brokerages in the sprawling litigation over industry rules covering broker fees, saying the deals only provide money for sellers.

  • October 10, 2024

    Hurricane Delays Key Deadlines In NASCAR Antitrust Suit

    A North Carolina federal judge is delaying a key hearing in the ongoing monopoly suit between Michael Jordan's racing team and NASCAR, granting the motorsports league's request for more time as its employees deal with the impact of Hurricane Milton.

  • October 10, 2024

    Teva To Pay $450M To Settle Kickback Cases

    Pharmaceutical giant Teva will pay $450 million to settle allegations it violated the False Claims Act by fixing the prices of several generic drugs and by raising the price of a multiple sclerosis treatment while covering Medicare recipients' copays, civil prosecutors said Thursday.

  • October 10, 2024

    Sen. Warren, Novo At Odds On Merits Of $16.5B Deal

    Sen. Elizabeth Warren on Thursday raised the alarm on Novo Holdings' planned $16.5 billion purchase of Catalent, arguing the transaction could give Novo "unprecedented" control over the production of certain obesity drugs by Eli Lilly and other top competitors, but Novo insists the deal would give it no such edge.

  • October 10, 2024

    Ivy League Athletes Whiff On Scholarship Antitrust Suit

    A Connecticut federal judge on Wednesday snuffed out a proposed antitrust class action from college athletes challenging the Ivy League's longstanding ban on athletic scholarships, ruling the complaint did not identify a specific market harmed by the policy.

  • October 10, 2024

    Quinn Emanuel Adds Of Counsel Atty, 6 Associates In Miami

    Quinn Emanuel Urquhart & Sullivan LLP's 3-year-old Miami office has just surpassed the 20-lawyer mark with the addition of seven attorneys in the past two months.

  • October 09, 2024

    Colo. Accuses Albertsons Of Competitor Flip-Flop For Merger

    Colorado enforcers accused Albertsons of "saying whatever they think will get their merger," confronting the supermarket chain's CEO on Wednesday with past comments to federal regulators they said showed that Albertsons flipped who it considers a competitor ahead of a proposed merger with Kroger.

  • October 09, 2024

    Blank Rome Attys Beat DQ Bid Over Witness Contact

    A Philadelphia federal judge Wednesday refused to disqualify Blank Rome from representing three of its attorneys facing claims they brought a baseless lawsuit against another attorney in retaliation for switching from corporate defense to the plaintiffs bar.

  • October 09, 2024

    Google, Microsoft Want Docs Kept From Apple In DOJ Case

    Google and Microsoft were among a group of major corporations jumping in Tuesday to push for greater New York federal court safeguards of their sensitive business information as it's used in the Justice Department case accusing Apple of anticompetitively restricting app access to lock users into the iPhone.

  • October 09, 2024

    Hedge Fund Agrees To Drop Spoofing Claims Against TD Bank

    Broker-dealer affiliates of TD Bank will no longer face a hedge fund's claims that they manipulated markets by placing trade orders they never intended to fulfill, the parties told a Manhattan federal judge.

  • October 09, 2024

    Court Affirms Waste Management Win In 'Titans Of Trash' Spat

    A Florida appeals court on Wednesday affirmed a win for Waste Management Inc. of Florida Inc. in a dispute with Bergeron Environmental and Recycling LLC over a joint venture to provide municipal trash pickup services and said the agreement's jury trial waiver was valid.

  • October 09, 2024

    9th Circ. Judge Open To Rebooting CoStar Antitrust Fight

    A Ninth Circuit judge on a three-judge panel appeared open Wednesday to reviving counterclaims alleging CoStar monopolizes commercial real estate information markets, telling CoStar's counsel repeatedly that the lower court's ruling "reads more like summary judgment" than the granting of a motion to dismiss and improperly draws inferences in favor of CoStar.

  • October 09, 2024

    DOJ Offers Menu Of Options For Google Search Fix

    An outline of potential fixes lodged Tuesday by the U.S. Department of Justice in the search monopolization case against Google ranges from a ban on the default search engine pacts at the heart of the case to the forced sale of its Android operating system or other business units.

  • October 09, 2024

    CVS, United Health Seek Removal Of FTC's Khan In PBM Case

    Major pharmacy benefit manager owners are calling on a Federal Trade Commission administrative judge to disqualify three Democratic FTC commissioners from the agency's in-house lawsuit accusing them of artificially inflating insulin prices, arguing that the commissioners have repeatedly vilified PBMs and prejudged the proceeding.

  • October 09, 2024

    AT&T Fights Phone 'Unlocking' Rules Floated At FCC

    AT&T called on the Federal Communications Commission to abandon plans to require the "unlocking" of cellphones after 60 days to let customers switch carriers, saying wireless competition is already "fierce" and the FCC's plan would only hurt consumers.

  • October 09, 2024

    State Action Doesn't Mean State Monopoly OK, Airline Says

    A Northern Mariana Islands airline urged a federal court Tuesday to preserve antitrust claims accusing a rival of using an $8 million government COVID-19 relief contract to drive it out of business, arguing the government contract doesn't convey immunity from monopolization allegations.

  • October 09, 2024

    Logan Paul Brand Can't Block Messi Drink Collab, Suit Says

    The maker of White Claw has sued social media influencer and pro wrestler Logan Paul's sports beverage company Prime Hydration, seeking a declaration from a New York federal court that its recent collaboration with soccer legend Lionel Messi on a beverage doesn't infringe Prime's trademarks.

  • October 09, 2024

    SEC Equity Trading Reforms Spark DC Circ. Challenge

    The U.S. Securities and Exchange Commission is facing a legal challenge in the D.C. Circuit over recent equity trading regulatory changes that allow stocks to be quoted in half-penny increments and lower access fee caps. 

  • October 09, 2024

    Thomson Reuters Again Seeks Win On ROSS' Pilfering

    Thomson Reuters on Tuesday filed a pair of renewed motions for partial summary judgment seeking to block ROSS Intelligence Inc. from claiming fair use, and hold it liable for copyright infringement, in a suit alleging ROSS ripped off the Westlaw research platform for its artificial intelligence product.

  • October 09, 2024

    Michael Jordan's Race Team Seeks Injunction In NASCAR Suit

    Two racing teams, including one owned by NBA legend Michael Jordan, on Wednesday asked a North Carolina federal judge for a ruling allowing them to continue racing in 2025 while a lawsuit alleging NASCAR exploits its economic power to dominate the motorsports racing market plays out, and also requested expedited discovery in the suit.

  • October 09, 2024

    Companies' Kratom Supplements Are Addictive, Class Says

    A proposed class of buyers is suing Thang Botanicals Inc. and FTLS Holdings in California federal court, alleging that they failed to disclose that their kratom-derived 7ΩHMZ products are as addictive as opioids, if not more.

  • October 09, 2024

    Turkey Buyers Cite DOJ's Intervention In Pork Case

    Meat buyers pursuing an antitrust class action against the biggest names in the turkey industry are pointing to the U.S. Department of Justice's recent filing in a separate pork purchasers suit to support their class certification motion.

  • October 08, 2024

    Adobe Slams FTC, DOJ For 'Rewrite' Of Subscription Law

    Adobe Inc. blasted a federal government lawsuit over its annual subscription plan and early termination fees on Monday, saying the Federal Trade Commission and U.S. Department of Justice are improperly attempting to "rewrite existing law" with the case.

  • October 08, 2024

    Albertsons Exec Says No-Poach Deal Never Happened

    An Albertsons labor executive Tuesday attempted to rebut Colorado's accusations that the company worked together with Kroger even before its proposed merger to not compete for workers or customers during a 2022 strike, saying any agreements were internal and had nothing to do with Kroger.

Expert Analysis

  • 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.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    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.

  • What TikTok's Race Against The Clock Teaches Chinese Firms

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    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.

  • Updated Federal Rules Can Improve Product Liability MDLs

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    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.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

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