Competition

  • March 05, 2021

    Zillow Beats Antitrust Suit Over Broker Collusion, For Good

    A New Jersey federal judge said a company won't get another opportunity to pursue antitrust claims that Zillow prominently displayed market value estimates that are lower than asking prices for some listings but not others, saying the business failed to tie such conduct to its inability to sell a Garden State mansion.

  • March 05, 2021

    Truck Buyers Rebuff Funding Challenge In UK Cartel Suits

    A London court on Friday rejected a challenge to funding arrangements used by two groups of truck purchasers suing leading manufacturers over a cartel, concluding that the deals weren't covered by rules on damages-based agreements.

  • March 05, 2021

    How They Won It: Freshfields Breaks FTC's Winning Streak

    It took 15 months, $640 million and a two-week trial but Evonik managed to close its purchase of fellow hydrogen peroxide producer PeroxyChem last year, days after its Freshfields Bruckhaus Deringer LLP legal team broke the Federal Trade Commission's seven-case winning streak contesting mergers in federal court.

  • March 05, 2021

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Scotland's ferry services sue its insurer, Britain's new high-speed rail service face another contract challenge and an ex-Qatari prime minister's company hit with a new suit. Here, Law360 looks at those and other new claims in the U.K.

  • March 04, 2021

    Banks, Ex-Merrill Traders Defeat Investors' Spoofing Case

    A New York federal judge on Thursday threw out a consolidated shareholder lawsuit against Bank of America, Morgan Stanley and two former Merrill Lynch traders over alleged spoofing in the precious metals futures market, ruling that the shareholders waited too long to bring their claims.

  • March 04, 2021

    Hagens Berman Atty Admonished For 'Reckless' Apple Slip

    A California federal magistrate judge admonished a Hagens Berman Sobol Shapiro LLP attorney Thursday who revealed information about commission rates that Netflix and HBO apparently pay to Apple that he learned through Apple's discovery documents, but declined to sanction the attorney.

  • March 04, 2021

    Amazon Says Parler Is 'Forum Shopping' Contract Breach Suit

    After suffering a defeat in its antitrust suit against Amazon in Seattle federal court and dropping the case, Parler filed a new breach of contract suit in state court in an "extreme attempt to forum shop," the tech giant said Wednesday as it removed the case to federal court.

  • March 04, 2021

    FDA Seeks Win In Suit Over Compounded Drug Agreements

    The federal government is gunning to end a group of pharmacies' suit accusing the U.S. Food and Drug Administration of unlawfully issuing new regulations last October concerning compounded drug distribution, telling a D.C. federal court their case is not ripe for judicial review.

  • March 04, 2021

    Hotels Say Expedia Shouldn't Join TravelPass Antitrust Suit

    Three hotel chains have urged a Texas federal judge to deny Expedia's bid to intervene in TravelPass' antitrust suit, which claims the chains conspired to keep it from bidding on search terms, saying TravelPass has already opposed releasing information about a private arbitration between the two booking companies.

  • March 04, 2021

    'Pharma Bro' Shkreli Hit With 1st Private Antitrust Suit

    Blue Cross and Blue Shield's Minnesota unit hit Martin Shkreli on Thursday with what appears to be the first proposed private antitrust class action against the incarcerated "pharma bro," following in the wake of a 2020 Federal Trade Commission case that made similar claims. 

  • March 04, 2021

    Teva Faces EU Antitrust Probe Over MS Drug Patent Strategy

    European enforcers are investigating Teva over concerns the pharmaceutical company delayed the emergence of generic competitors to its blockbuster multiple sclerosis drug Copaxone by misusing patent procedures and disparaging rivals.

  • March 04, 2021

    NCAA Shouldn't Get Antitrust Exemption, High Court Told

    The NCAA has it backward in trying to overturn a decision that struck down its rules restricting education-related benefits for college athletes, according to the athletes challenging the NCAA's amateurism system, who told the U.S. Supreme Court it should not exempt the NCAA from antitrust scrutiny.

  • March 04, 2021

    Antitrust Claims Against Under Armour Get Benched

    A Pittsburgh federal judge benched claims that Under Armour Inc. had broken false advertising and antitrust laws because a manufacturer of "bioceramic" textile treatments — intended to help athletes' muscles recover faster — hadn't adequately shown that it was a direct competitor in a relevant market.

  • March 04, 2021

    CoreLogic Nixes $7B CoStar Bid Over Stock, Regulatory Woes

    Real estate analytics company CoreLogic rejected a sweetened $7.3 billion takeover offer from peer CoStar Group Thursday, citing the latter company's volatile stock price and regulatory uncertainty for the tie-up, in contrast to its pending $6 billion deal with Stone Point Capital LLC and Insight Partners.

  • March 04, 2021

    Apple Faces UK Antitrust Probe Over App Store Terms

    The British competition authority opened an investigation Thursday into complaints that Apple sets unfair rules for app developers and monopolizes software on Apple devices.

  • March 04, 2021

    Justice Rose Tapped To Join UK Supreme Court

    The British government announced Thursday that Justice Vivien Rose will join the U.K. Supreme Court in April, after a winding career ranging from competition specialist to HM Treasury adviser.

  • March 04, 2021

    5 Questions For GC Looking To Upend Home Broker Fees

    Mike Toth, the recently named general counsel of REX - Real Estate Exchange Inc., thinks U.S. home buyers have had just about enough of staggering real estate fees and is leading his company's efforts to convince antitrust enforcers to rein in the charges.

  • March 04, 2021

    Stearns Weaver Adds Former Assistant AG In Tallahassee

    Florida-based law firm Stearns Weaver Miller on Monday announced it had hired a former senior assistant attorney general as a shareholder in its litigation department out of Tallahassee.

  • March 04, 2021

    No Goal: EU's Highest Court Overturns FC Barcelona Tax Deal

    A tax benefit granted to major Spanish soccer clubs, including FC Barcelona, constituted illegal state aid, Europe's highest court said in a final judgment Thursday, overruling a decision by the EU General Court two years ago.

  • March 04, 2021

    BT Gets June Date To Fight £600M Landline Rates Suit

    A tribunal ruled on Thursday that it will hear an attempt by a telecoms expert to bring a £600 million ($840 million) class action in London against BT Group PLC on behalf of millions of landline users by the end of June.

  • March 03, 2021

    NY Hospital Fights Subpoena In Health System Merger Row

    New York City's Hospital for Special Surgery urged a New Jersey federal court to quash a subpoena it received over a New Jersey health system antitrust row it's not involved in, arguing it shouldn't be forced to share its records because it doesn't compete with the companies involved.

  • March 03, 2021

    Pharma Cos. Held In Contempt In Trade Secrets Case

    A Florida federal court has held U.S. Compounding Inc. and its parent, Adamis Pharmaceuticals Corp., in civil contempt for violating an injunction regarding trade secrets that Nephron Pharmaceuticals Corp. claims they misappropriated through two of its former employees, saying the injunction was clear and unambiguous and covers the alleged violations.

  • March 03, 2021

    AGs Want Quick Appeals On State Boards' Antitrust Immunity

    State entities must be able to immediately appeal when they're denied immunity from antitrust litigation, nearly two dozen state attorneys general told the U.S. Supreme Court, backing a petition from the Louisiana Real Estate Appraisers Board.

  • March 03, 2021

    Samsung Says Gilstrap Can't Hear Ericsson FRAND Dispute

    Samsung is asking Eastern District of Texas Judge Rodney Gilstrap to toss Ericsson's allegations that the South Korean electronics giant failed to fairly license its patents essential to 4G and 5G wireless standards, saying the judge can't hear allegations involving foreign patents.

  • March 03, 2021

    FTC Cites Challenge Rec In Ga. Hospital Merger Cancellation

    Only days after a pair of Georgia hospital systems called off their merger, the Federal Trade Commission revealed Wednesday that staffers had recommended challenging the tie-up.

Expert Analysis

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • How Cos. Can Weather Growing DOJ Labor Antitrust Scrutiny

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    In light of of the U.S. Department of Justice's increasing antitrust scrutiny of labor markets and President Joe Biden's vow to eliminate most noncompetes, companies should customize their compliance plans and review employee agreements to mitigate risk, say Eric Grannon and Adam Acosta at White & Case.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • EpiPen Ruling Could Embolden Private Anti-Kickback Claims

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    A Minnesota federal court's recent EpiPen decision, allowing private litigants to assert Anti-Kickback Statute violations, could expose companies to novel and aggressive AKS theories over which federal prosecutors have historically exercised discretion, say Allan Thoen and Callan Stein at Troutman Pepper.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • Transaction Toolkit For A More Litigious M&A Environment

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    As transaction disputes rise amid evolving market conditions, certain strategies can help companies mitigate risk while remaining live to M&A opportunities, say attorneys at Freshfields.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • Opinion

    11th Circ. Should Reconsider Remote Arbitration Subpoenas

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    In light of the pandemic and resulting advancements in teleconferencing practices, the Eleventh Circuit should consider revisiting its 2019 ruling in Managed Care Advisory Group v. Cigna Healthcare, which mandated in-person hearings for third parties' subpoena compliance, says Suzanne Wynn Ockleberry at Wynn Arbitration.

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

  • How Case Management Orders Can Support New Attorneys

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    Courts are leading the way in ensuring oral argument opportunities for newer attorneys by incorporating innovative language in a variety of orders, and private parties can and should follow suit by incorporating similar language into case management orders, say Megan Jones and Halli Spraggins at Hausfeld.

  • An In-House Counsel's Guide To Better Work Management

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    Amid economic uncertainty and increasing pressure on corporate legal departments to do more with less, work management processes should be aimed at tracking legal teams' every contribution, including routine matters that can be reallocated to nonlegal staff, says Aaron Pierce at LexisNexis CounselLink.

  • A Changing Health Insurance Antitrust Landscape

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    The newly passed Competitive Health Insurance Reform Act only removes some limited antitrust immunities for health insurers, but could foreshadow new aggressiveness from government enforcers and private litigants to challenge insurance industry practices, say Adam Biegel and Matthew Dowell at Alston & Bird.

  • Avoiding Materially Adverse Conflicts After New ABA Opinion

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    The American Bar Association's recent guidance on what constitutes materially adverse interests between clients makes clear that lawyers should not take comfort in a current representation just because a former client is not on the opposite side of the v., and those hoping to avoid disqualification should consider five steps, says Hilary Gerzhoy at Harris Wiltshire.

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