Competition

  • February 13, 2024

    BofA Unit Hit With Trader's Suit Over Alleged Spoofing

    A Bank of America unit faces a trader's proposed class action seeking to hold it liable for allegedly manipulating markets for U.S. Treasury futures and options after the firm paid a $24 million fine to the U.S. Financial Industry Regulatory Authority over the same alleged misconduct.

  • February 13, 2024

    Wyndham Gets Default Win In Timeshare Exit Suit

    A Florida federal judge has granted Wyndham Vacation Ownership Inc. a default victory in its lawsuit accusing multiple companies of levying unnecessary fees to help customers exit their timeshares, after adopting a magistrate's report and recommendation when one company failed to respond.

  • February 13, 2024

    Kroger Says Its Past Shows Albertsons Deal Will Drop Prices

    Kroger has shared some statistics that it says show its merger with the country's second-biggest grocery chain, Albertsons, won't be a bad thing, pointing to evidence that prices usually drop at a grocery chain after being acquired by Kroger.

  • February 13, 2024

    Comer Says FTC Is Stalling On Oversight Committee Worries

    House Oversight Committee Chairman James Comer, R-Ky., continued Tuesday to hammer away at the Federal Trade Commission and Chair Lina Khan, assailing the frequent target of Republican criticism for failing to "fully address" lawmaker inquiries into the FTC's handling of due process and federal ethics law.

  • February 13, 2024

    Antitrust Issues To Watch In Sports Giants' Streaming Venture

    Few details were provided in last week's announcement of a joint venture under which ESPN, Fox and Warner Bros. Discovery will combine their vast live sports portfolios into a single app. But as the companies work out the details of a project they hope to roll out this autumn, one thing is clear: The Justice Department is almost certain to take a look.

  • February 13, 2024

    EU Says Apple IMessage, Microsoft Bing Not Gatekeepers

    European enforcers have found that Apple's iMessage and several Microsoft services do not qualify for "gatekeeper" designations under the Digital Markets Act, but the companies nevertheless must abide by new rules giving users more choice and freedom with other products.

  • February 13, 2024

    Ingevity Again Denied New Verdict, Trial Against $85M Loss

    A Delaware federal judge again refused Tuesday to upend BASF's $85 million jury win over Ingevity's locking up of the automobile carbon capture technology market, concluding that "substantial evidence" backs the antitrust findings.

  • February 13, 2024

    FCC Member Seeks Probe Of Apple's Message App Shutdown

    A member of the Federal Communications Commission is calling on the agency to investigate Apple's move to stifle an app that would have integrated iMessage and Android messaging and eliminated degradation issues that cause Android messages to show up as hard-to-read green bubble texts and grainy videos on iPhones.

  • February 13, 2024

    Carl Icahn Sets Sights On JetBlue, Scooping 10% Share

    Activist investor Carl Icahn has revealed in a securities filing that he has amassed a nearly 10% stake in JetBlue Airways, a disclosure that sent the airline's stock price soaring more than 20% on Tuesday. 

  • February 13, 2024

    Enbridge, ExxonMobil Accused Of Monopolizing Oil Transport

    Enbridge and ExxonMobil were hit with an antitrust suit in Illinois federal court Tuesday accusing them of working together to deny others access to crude oil pipelines, pulling the plug on a new way to transport oil from the Chicago area after a company invested $11 million.

  • February 13, 2024

    $8.6M In Interest Added To Vivint Smart Home TM Case

    A North Carolina federal judge has given local security company CPI Security Systems Inc. about $8.6 million in prejudgment interest in a suit against smart home software company Vivint Smart Home Inc. over allegedly deceptive marketing tactics.

  • February 13, 2024

    Mallinckrodt Guts IP Suit Amid Oxide Rival's New Drug App

    A Delaware federal judge has dismissed 10 of the originally asserted 14 patents in pharmaceutical company Mallinckrodt's claims against a French industrial gas company over a generic version of its pediatric breathing disorder treatment, as Mallinckrodt filed an amended complaint adding two additional patents to the suit.

  • February 13, 2024

    EU Conditionally Clears Korean Air's Acquisition Of Asiana

    The European Commission granted conditional approval on Tuesday for the proposed $1.6 billion acquisition of Asiana Airlines by Korean Air Lines Co. Ltd. after accepting modifications to allay competition concerns.

  • February 12, 2024

    Longtime Jones Day Antitrust Atty Joins Crowell & Moring

    Crowell & Moring LLP announced Tuesday that a veteran Jones Day antitrust attorney with nearly 25 years of experience working on major cartel investigations and class actions joined the firm's Los Angeles office as a partner.

  • February 12, 2024

    Teradata Asks 9th Circ. To Revive SAP Antitrust, IP Claims

    Data analytics outfit Teradata urged the Ninth Circuit on Monday to revive its trade secret and tying claims against software giant SAP, saying a lower court judge wrongly excluded testimony from its expert economist and misconstrued agreements about confidentiality made when the two companies attempted a partnership.

  • February 12, 2024

    Justices Asked To Ignore 'Unremarkable' McDonald's Ruling

    Former McDonald's workers urged the U.S. Supreme Court not to review the hamburger chain's appeal of a Seventh Circuit ruling reviving a proposed class action targeting the company's since-discontinued franchise agreement's no-poach provisions.

  • February 12, 2024

    Energizer, Walmart Can't Ditch Battery Pricing Collusion Suits

    Energizer and Walmart cannot escape a trio of class actions accusing the battery manufacturer of giving the big box chain almost complete control over the retail price its batteries are sold for and forbidding other retailers from undercutting them.

  • February 12, 2024

    Trucker Tracking Startup Delivers Patent Feud To ITC

    The U.S. International Trade Commission said Monday that it is soliciting feedback on a legal effort by a San Francisco startup that sells trackers to trucking companies to employ the agency in its patent infringement campaign against a local rival that sells similar devices.

  • February 12, 2024

    Live Nation Buyers Urge 9th Circ. To Nix Arbitration Rules

    Consumers suing Live Nation and Ticketmaster in a proposed antitrust class action have told the Ninth Circuit that a district court correctly ruled the companies' failure to tell ticket buyers they were switching to a new arbitrator is "procedurally unconscionable to an extreme degree."

  • February 12, 2024

    Consulting Firm Says Ex-Partner Stole Captive Insurance Biz

    A consulting firm that assists in establishing captive insurance companies told a Colorado federal court that its former business partner breached its contract by working behind the firm's back to snag its clients and sabotage its business relationships, depriving the firm of both business opportunities and potential commission.

  • February 12, 2024

    Calif. Bill Favors FCC Ban On 'Disparate' Broadband Service

    A California state lawmaker has introduced legislation that mirrors the Federal Communications Commission's recently adopted digital discrimination rules, including the agency's controversial "disparate impact" standard barring deployment of broadband infrastructure in a way that shortchanges low-income and minority neighborhoods.

  • February 12, 2024

    Google Seeks Final Exit From Maps Antitrust Suit

    Google urged a California federal judge on Friday to toss with prejudice a proposed antitrust class action accusing the search giant of coercing users of its Maps product from using competing mapping services, saying the plaintiffs' third attempt is "brimming with irrelevant information" and "antitrust jargon," but still fails to state a viable tying claim.

  • February 12, 2024

    Kodiak Gas Gives Enforcers More Time To Review $854M Deal

    Kodiak has given enforcers more time to review its planned $854 million deal for CSI Compressco, which would combine two major providers of compression services to the oil and gas industry.

  • February 12, 2024

    Flyers Urge 9th Circ. To Vacate Price-Fixing Deal Disbursement

    A secondary disbursement from a $104 million settlement fund in long-running airline price-fixing litigation was wrongly sent to class members who received a first-round share without emailing class members who had not received or cashed their initial check, two objectors told the Ninth Circuit on Monday.

  • February 12, 2024

    Apple, Rivos On The Way To A Deal In Trade Secrets Fight

    Apple has reached an agreement potentially resolving its claims that startup chipmaker Rivos poached engineers and directed them to steal the tech giant's trade secrets, telling a California federal judge the deal would allow Apple to conduct a forensic examination of Rivos' systems.

Expert Analysis

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • When Patients Have Standing For Hospital Antitrust Suits

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    Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.

  • 8 Ways To Negotiate Improved Disgorgement Outcomes

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    The U.S. Securities and Exchange Commission's nearly $3.4 billion collected in disgorgements in 2023 shows that substantial disgorgement claims from regulators and law enforcement are the new norm, but corporations may be able to dramatically reduce what they owe by using eight strategies to argue for reduced net profit calculations, say experts at AlixPartners.

  • Lessons From This Year's Landmark Green Energy IP Clash

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    In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.

  • DOJ's RealPage Notice Signals Focus On Pricing Algorithms

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    The U.S. Department of Justice's Antitrust Division recently filed a statement of interest in the Realpage multidistrict litigation to stake out its position that price-fixing algorithms pose a great anti-competitive threat, which suggests that the DOJ and private parties may continue to bring similar actions in the future, say attorneys at Simpson Thacher.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Reverse Proffers In Federal Criminal Cases Can Be A Win-Win

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    The increasingly popular reverse proffer — in which prosecutors disclose evidence to targets of a criminal investigation — can help the government test its case and persuade witnesses to cooperate, and can help defendants sharpen their strategies and obtain favorable deals by choosing to cooperate, say Jeffrey Martino and Byron Tuyay at Baker McKenzie.

  • EU Rejection Of Booking.com Deal Veers From Past Practice

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    The European Commission's recent prohibition of Booking's purchase of Etraveli based on ecosystem theories of harm reveals a lower bar for prohibiting nonhorizontal mergers, and may mean increased merger scrutiny for companies with entrenched market positions in digital markets, say lawyers at Linklaters.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • 7 Critical Copyright And AI Questions Courts Need To Address

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    U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.

  • Mitigating Antitrust Risk Amid Increased Dealmaking Scrutiny

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    While deals continue to get done despite 60% of significant merger investigations in the U.S. last year concluding with a complaint or abandoned transaction, private equity firms should identify and assess potential antitrust risks and develop strategies to mitigate them early in the deal process, say attorneys at Dechert.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Managing ANDA Venue Issues As Del. And NJ Filings Rise

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    Delaware and New Jersey have prevailed as the primary forum for pharmaceutical litigation as more generic companies file abbreviated new drug applications, but this venue scheme presents traps for the unwary, and legislation may still be necessary to ensure fairness and predictability, say Timothy Cook and Kevin Yurkerwich at WilmerHale.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

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