Competition

  • November 08, 2024

    Water Utility Hits PVC Pipe Makers With Price-Fixing Suit

    A public water utility on Friday hit some of the nation's largest PVC pipe manufacturers with a class action accusing them of using a commodity pricing service to exchange information and illegally fix prices, claiming the companies reaped "historic profits" at the expense of public utilities.

  • November 08, 2024

    Pawn Shop Must Face CFPB's Military Law Claims, Judge Says

    In a matter of first impression, a Texas federal judge has ruled that national pawn shop company FirstCash Inc. cannot use a "bona fide error" defense to argue that its alleged violation of the Military Lending Act was an unintentional mishap, saying the defense only applies to private borrower claims, not federal agency suits.

  • November 08, 2024

    Apple's Cited Rulings Just Cement Old Precedent, Epic Says

    What Apple contends are new rulings from a California appeals court and the U.S. Supreme Court are really just affirmations of existing precedent that change nothing about the injunction blocking the iPhone maker's rules against steering users to alternative payment systems, Epic Games has told a California federal judge.

  • November 08, 2024

    Chancery Tosses Microchip Co.'s Tech Licensor Challenge

    A Delaware vice chancellor on Friday dismissed a lawsuit filed by Swiss microchip maker u-blox AG against tech licensor InterDigital Inc., finding among other points that u-blox was barred from moving forward with potentially unsettled claims arising from the same issues in a California federal court case.

  • November 08, 2024

    Fed. Circ. Wonders If Italian Pasta Duties Are Bad Math

    The Federal Circuit had semolina on its mind Friday, and it didn't seem convinced the U.S. Department of Commerce had made the right call when relying on what two pasta manufacturers have said are faulty calculations to set antidumping duties for their imports.

  • November 08, 2024

    Top Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates nearly 170 times in October on issues ranging from expanded use of the 6 gigahertz airwaves to programming "blackouts," satellite spectrum sharing, competition in video distribution, and more.

  • November 08, 2024

    Michael Jordan's NASCAR Team Hits Roadblock In Antitrust Suit

    Michael Jordan's NASCAR team lost its bid for an injunction that would have allowed it and another team to keep racing next season while they pursue antitrust claims against the stock car league, with a federal judge finding the two teams failed to show "present, immediate, urgent irreparable harm."

  • November 07, 2024

    NCAA Lifts Junior Hockey Player Restrictions Amid Litigation

    The NCAA announced Thursday that it will allow hockey players who've played in Canada's junior leagues to be eligible to play for U.S. colleges and universities, a massive policy shift that comes in the midst of antitrust litigation accusing the organization of unfairly barring those athletes.

  • November 07, 2024

    Teva Fails To Convince Judge Inhaler Patents Require Drug

    Five patents for an inhaler made by Teva Pharmaceuticals Industries Ltd. don't require an active drug's presence in the device, a New Jersey federal judge has ruled, agreeing with Amneal Pharmaceuticals Inc.'s interpretation of claim language in the brand-name drugmaker's infringement suit against Amneal, a generic pharmaceutical firm.

  • November 07, 2024

    Valve Says Atty Ignoring, Threatening Gamers In Antitrust Row

    Valve Corp. has urged a Washington federal judge to grant it permission to directly contact game buyers whom the gaming marketplace company is suing to block them from continuing to arbitrate their antitrust claims, saying some gamers want out of arbitration, but their counsel at Bucher Law PLLC is not responsive to their queries.

  • November 07, 2024

    Fed. Circ. Questions Gov't Analysis For Omani Nail Duties

    A Federal Circuit panel wrestled Thursday with an Omani steel nail producer's claims that the U.S. Department of Commerce used distorted data to calculate its anti-dumping duties, with judges contemplating whether the alleged agency error was an innocuous one.

  • November 07, 2024

    JPMorgan Sues Adviser Who Jumped To Morgan Stanley

    The broker-dealer arm of JPMorgan has accused a former Michigan-based employee of using its confidential information to lure its customers at her new job at Morgan Stanley's wealth management unit, including a half a dozen clients with nearly $12 million in combined assets who have already jumped ship from JPMorgan.

  • November 07, 2024

    Net Neutrality Foes See 6th Circ. Clearing Path To End Rules

    Recent arguments in the Sixth Circuit over the Federal Communications Commission's controversial net neutrality restrictions didn't give a definitive indication of how judges will decide the issue, but the rule's opponents are buoyed by questions that appeared at times to lean in their favor.

  • November 07, 2024

    Discovery Paused In Parts Co.'s Suit Against Pratt & Whitney

    A Pennsylvania federal judge has agreed to halt discovery in a parts supplier's antitrust suit against Pratt & Whitney Wednesday, as the aerospace engine manufacturer moves to get the suit tossed.

  • November 07, 2024

    Sutter Health Could Face Retrial On Antitrust Claims In March

    Sutter Health is headed back to trial after the Ninth Circuit said "highly relevant" evidence was excluded from the 2022 trial where the hospital chain defeated claims that it had driven up the cost of insurance, and the court overseeing the matter says March is the earliest it can do.

  • November 07, 2024

    Alaska Flyers Lodge Emergency 9th Circ. Bid To Halt Merger

    Flyers and travel agents hoping to block Alaska Airlines' $1.9 billion merger with Hawaiian Airlines are asking the Ninth Circuit for an emergency halt to any further integration between the companies while they appeal a district court's dismissal of their suit, telling the judges consumers will be hurt if the merger continues.

  • November 07, 2024

    FINRA Grants Client Poach Injunction To TD Bank

    The Financial Industry Regulatory Authority has issued a permanent injunction against Raymond James Financial and its subsidiary Crescent Point Private Wealth that bars their solicitation of certain TD Bank clients until April 2025, according to a status report filed in a federal lawsuit in the District of Connecticut.

  • November 07, 2024

    Teva Can't End Inhaler Antitrust Suit But Gets Claim Nixed

    A Massachusetts federal court refused Teva Pharmaceutical Industries Ltd.'s attempt to end a case accusing it of orchestrating a decade-long scheme to delay generic competition for its QVAR asthma inhalers, but cut allegations that Teva paid Amneal Pharmaceuticals Inc. not to launch its version.

  • November 07, 2024

    Same PBM Conduct Means Same Insulin Price Trial, FTC Says

    Federal Trade Commission staffers want Caremark Rx, Express Scripts and OptumRx kept together in a single in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices through unfair rebate schemes, arguing they are all "accused of violating the same laws by engaging in the same type of conduct."

  • November 07, 2024

    LeBron Eyes Media Merger, AI Startup IPO, And More Rumors

    Basketball star LeBron James wants to merge his TV and film production company with a British studio, while AI-focused startup CoreWeave has selected investment banks to manage an initial public offering planned for 2025, plus a women's clothing retailer and a generic-drug maker are planning a pair of listings that could revive Canada's dormant IPO market.

  • November 07, 2024

    Canada's Competition Bureau Seeks Dye & Durham Docs

    Canada's Competition Bureau announced Thursday that it obtained a court order to gather information and advance an ongoing investigation into alleged anti-competitive conduct by legal technology company Dye & Durham Ltd., which has been scrutinized over the past year by activist investors and other national regulatory bodies.

  • November 07, 2024

    Silicon Carbide Biz Says Researchers Swiped Trade Secrets

    Silicon carbide technology company Wolfspeed Inc. is going after two former higher-ups in its research and development department for allegedly taking trade secrets to a rival, according to a newly filed state Business Court complaint.

  • November 07, 2024

    Ross Fights Thomson Reuters Bid To Toss Fair Use Defense

    Ross Intelligence pushed back on Thomson Reuters's renewed bid to block it from claiming fair use in a suit alleging that Ross ripped off the Westlaw research platform for its artificial intelligence product, saying in a filing unsealed Wednesday that the output of its tool "did not contain or depend on" any copyright materials claimed by Thomson Reuters, the owner of Westlaw.

  • November 07, 2024

    Boston Firm Says Atty Diverted Leads To Keches Law Group

    Personal injury firm Keches Law Group has been hit with a Massachusetts state court complaint alleging it secretly worked with an associate at a smaller firm to obtain leads on potential cases.

  • November 07, 2024

    CMA Raises Concerns Over Amex GBT's $570M Buy Of Rival

    The proposed $570 million acquisition by American Express Global Business Travel Inc., a corporate travel management company, of rival CWT Holdings LLC in the U.K. could "lead to reduced choice and quality" in Britain, the antitrust watchdog has warned.

Expert Analysis

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • IP Hot Topic: The Intersection Of Trademark And Antitrust Law

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    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.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    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.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    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.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    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.

  • Series

    After Chevron: What To Expect In Consumer Protection At FTC

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    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.

  • RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny

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    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.

  • Comparing 5 Administrators' Mass Arbitration Procedures

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    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.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    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.

  • Considering Noncompete Strategies After Blocked FTC Ban

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    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.

  • Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling

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    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.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    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.

  • Planning Law Firm Content Calendars: What, When, Where

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    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.

  • 4 Steps To Address New Sanctions Time Bar Extension

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    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.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    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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