Competition

  • September 22, 2020

    Topgolf Says Rival Wants A 'Mulligan' In Antitrust Suit

    Topgolf has told a Texas federal court that SureShot is trying to take a second swing at claims that have already been tossed with a new suit accusing the golf entertainment company of blocking access to technology the would-be rival said it needed to compete.

  • September 22, 2020

    California Consumers Lose Bid For Subclass In Lipitor Case

    A New Jersey federal judge on Tuesday shot down a bid from two California women to create a subclass of Golden State consumers in antitrust litigation against Pfizer Inc. and Ranbaxy Inc. over the cholesterol drug Lipitor, swatting away claims of a purported conflict of interest between them and other end-payors.

  • September 22, 2020

    ITC Will Review Allergan's Win In Botox Trade Secrets Case

    The U.S. International Trade Commission will review the bulk of an administrative law judge's finding that Allergan's rivals should be barred from importing a low-cost version of its Botox treatment because they misappropriated trade secrets.

  • September 22, 2020

    Antitrust Class Actions Netted $24B In Deals Last Decade

    Private class action plaintiffs reached $24 billion in settlements in antitrust cases between 2009 and 2019, with a year-to-year decrease last year but an increase in the number of cases filed, according to a new report.

  • September 22, 2020

    $2B Online Slots Deal Draws UK Antitrust Scrutiny

    The U.K.'s antitrust watchdog said Tuesday that it would probe Swedish live casino gambling technology company Evolution Gaming's proposal to buy gaming solutions business NetEnt for 19.6 billion Swedish kronor ($2.2 billion).

  • September 22, 2020

    Judge Says Brewer Can't Fix Case Against Anheuser, Molson

    A Wisconsin federal judge has denied a Wisconsin brewery's bid to have another go at its antitrust suit accusing Anheuser-Busch InBev and Molson Coors of restricting American beer exports to Ontario, Canada, ruling that the brewery was given enough chances to plead its case.

  • September 22, 2020

    Top EU Court Clears UK State Aid To Hinkley Nuclear Project

    The European Union's top court on Tuesday rejected an attempt by Austria to block British support for a major nuclear energy project, finding that the British government did not breach state aid rules.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    Juul, Altria Seek To Snuff Out RICO Claims From Vaping MDL

    Juul Labs and Altria Group urged a California federal judge during a hearing Monday to vaporize Racketeer Influenced and Corrupt Organizations Act and public nuisance claims in federal multidistrict litigation over the youth vaping epidemic, arguing consumers and school districts insufficiently pled the companies collaborated to defraud the public.

  • September 21, 2020

    FTC Wants More Info On Some Deals, Exemptions For Others

    The Federal Trade Commission said Monday it will propose changes to the U.S. merger review process aimed at capturing additional information about certain deals while creating a new exemption for others through a rulemaking supported by the U.S. Department of Justice.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    Labor Unions Appeal Akorn's Ch. 11 Plan Confirmation In Del.

    A group of labor unions on Friday appealed biopharmaceutical firm Akorn Inc.'s Delaware Chapter 11 confirmation, arguing the debtors failed to properly evaluate a Chapter 7 liquidation and measures that could potentially lead to monetary recovery for them.

  • September 21, 2020

    Epic Games Says Fortnite Isn't Security Threat To Apple

    Epic Games, in seeking to force Apple to restore Fortnite to the App Store, has blasted the tech giant for "half-truths and outright falsities," including that the video game was pulled as a security issue instead of a challenge to Apple's monopoly.

  • September 21, 2020

    Zetia Buyers Fight Quick Appeal Of Antitrust Class Cert.

    A class of direct Zetia buyers accusing Merck and Glenmark Pharmaceuticals of conspiring to keep a generic version of the cholesterol drug off the market has urged the Fourth Circuit not to allow the drug companies an immediate appeal of their certification.

  • September 21, 2020

    House Votes To Repeal Health Insurers' Antitrust Immunity

    The U.S. House of Representatives on Monday approved bipartisan legislation that would restore the government's ability to charge health insurers under federal antitrust laws and could save Americans billions in health insurance costs.

  • September 21, 2020

    Angola Says Energy Co. Must Arbitrate $1.1B Forgery Suit

    An Angolan energy company's accusations that the country relied on forged documents to cancel a $1.1 billion partnership and seize four energy turbines belong in arbitration, the Angolan government told a New York federal court.

  • September 21, 2020

    Chancery Sets Fast Trial For $16.2B Tiffany-LVMH Merger Suit

    Delaware's Chancery Court set a fast-track schedule late Monday for a Jan. 5 trial on a Tiffany suit accusing LVMH of breaching its $16.2 billion merger agreement, with the start date described as allowing time for a ruling and appeals before international antitrust approvals begin to expire.

  • September 21, 2020

    Microsoft Inks $7.5B Deal For Skadden-Led Video Game Maker

    Microsoft unveiled plans Monday to buy video game publisher ZeniMax Media, the parent company of "The Elder Scrolls V: Skyrim" and "Fallout" creator Bethesda Softworks, in a $7.5 billion cash deal steered by Skadden.

  • September 21, 2020

    Cravath, Latham Craft $8B Deal For Cancer Detection Biz

    Biotechnology firm Illumina Inc. has agreed to buy Grail, a publicly traded cancer detection company it founded back in 2016, for roughly $8 billion, the two California-based companies said Monday, in a deal stitched together by Cravath and Latham & Watkins.

  • September 20, 2020

    Birthdays, Weddings And In Between: RBG And Her Clerks

    Justice Ruth Bader Ginsburg’s law clerks say that she brought the same level of care and dedication to her relationships with them as she did to the rest of her life. Here are some stories they shared, demonstrating how those qualities seeped into her relationships and interactions.

  • September 20, 2020

    Our 'North Star': What RBG Means To Women In Law

    Female attorneys around the country say they're devastated by the death of Justice Ruth Bader Ginsburg, a woman they looked to as a role model for candidly speaking out about the struggles she faced as a female lawyer integrating her work and family life, which made her a relatable icon.

  • September 20, 2020

    Will The Senate Replace Ginsburg Before Election Day?

    Senators return Monday to a chamber consumed with President Donald Trump's vow to quickly select a replacement for the late U.S. Supreme Court Justice Ruth Bader Ginsburg and cement a conservative majority for years to come.

  • September 20, 2020

    5 To Watch As GOP Races To Fill Ginsburg's Seat

    President Donald Trump has said he will name a woman to succeed the late Justice Ruth Bader Ginsburg on the U.S. Supreme Court. Here's a look at five candidates he could pick in the coming days.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Trump's Drug Pricing Order Is More Bark Than Bite

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    President Donald Trump's new executive order addressing pricing for drugs covered by Medicare Parts B and D glosses over enormous difficulties in restructuring Medicare operations and is unlikely to lead to any imminent changes, say attorneys at Debevoise.

  • Anthem-Cigna Merger Ruling Highlights Post-Deal Issues

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    The Delaware Chancery Court's recent decision to halt the Anthem-Cigna merger on antitrust grounds is most notable for not holding Cigna liable for breaching its obligation to support the transaction, and underscores the vulnerability of merger-of-equals transactions to post-signing issues, say attorneys at Fried Frank.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • UK Top Court Ruling May Be Problematic For Global SEP Suits

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    There are several reasons to question the wisdom of the U.K. Supreme Court's recent ruling that English judges have the power to set extraterritorial licensing royalty rates for standard-essential patents, including that it encourages forum shopping, says Thomas Cotter at the University of Minnesota Law School.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • How Pharma Cos. Can Evaluate Alliance Agreements' Validity

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    Alliance agreements can help pharmaceutical companies collaborate and resolve patent infringement disputes, especially during these uncertain pandemic times, but may draw questions concerning legitimacy if not properly vetted, say Louis Berneman at Texelerate, and Alan White and Anne Catherine Faye at Analysis Group.

  • Cannabis Mergers Skewed Hart-Scott-Rodino Report Data

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    Data in the recently released 2019 Hart-Scott-Rodino report is plagued by nine of 31 significant merger investigations having involved cannabis industry mergers for which credible antitrust concerns were lacking, making meaningful comparison with enforcement efforts in previous years difficult, says Jack Sidorov at Lowenstein Sandler.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • Bill Curtailing NPE Suits At ITC Could Restructure Licensing

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    Though unlikely to pass, the pending Advancing America's Interests Act, which would counter nonpracticing entities' abuse of process at the U.S. International Trade Commission, could potentially reshape future patent licensing negotiations and render exclusion orders more in line with district courts injunctions, say Matt Rizzolo and Brendan McLaughlin at Ropes & Gray.

  • Best Practices For Health Care Mergers In The COVID-19 Era

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    Health providers considering consolidation as a result of the pandemic's impact should attempt to mitigate antitrust enforcers' concerns by substantiating a merger with evidence of cost and quality efficiencies and making efforts to seek competition-friendly alternatives, say attorneys at Shook Hardy.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

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