Competition

  • February 02, 2024

    Competition Group Of The Year: Hogan Lovells

    Hogan Lovells secured a midtrial deal to end a U.S. Department of Justice challenge to Assa Abloy's $4.3 billion pickup of Spectrum Brands' hardware and home improvement business, making it one of Law360's 2023 Competition Practice Groups of the Year.

  • February 02, 2024

    Calif. Drywall Co. Again Short On Wages And OT, Court Told

    A California drywall company continues to underpay its workers and to prevent them from recording their overtime despite having faced several U.S. Department of Labor investigations on those issues, the state's attorney general has said in state court.

  • February 01, 2024

    After Dechert Says M&A Probes Hit Low, FTC Fires Back

    A new Dechert LLP report found there were just 12 significant U.S. merger investigations concluded in 2023, a 40% drop from 2022 and the lowest since 2011, but the FTC said Thursday that it stands by its numbers and called Dechert's criticism of its reporting "ridiculous." 

  • February 01, 2024

    Kirkland Under Chancery Fire In Space Biz Merger Suit

    Scant disclosures from Kirkland & Ellis LLP about its partners' potential financial stake in a $1.2 billion deal the firm was advising drew sharp scrutiny from Delaware's Court of Chancery at a hearing in Wilmington on Thursday.

  • February 01, 2024

    DOJ Tells 1st Circ. Not To 'Rush' JetBlue, Spirit's Appeal

    The U.S. Department of Justice pushed back Wednesday on JetBlue and Spirit Airlines' bid for the expedited treatment of an appeal that seeks to preserve their $3.8 billion merger after it was blocked by a Massachusetts federal court, telling the First Circuit it has no obligation to meet the airlines' "self-imposed deadline."

  • February 01, 2024

    Keller Williams OKs $70M Deal To Exit Broker Commission Suit

    The home-sellers who alleged the National Association of Realtors and several brokerages artificially increased costs by requiring them to pay buyer-brokers' commissions said Thursday that Keller Williams Realty has agreed to a $70 million settlement.

  • February 01, 2024

    Albertsons, Kroger Slam Shoppers' Last Shot To Fight Merger

    Albertsons and Kroger urged a California judge Wednesday to toss for good a challenge to the grocers' proposed $24.6 billion merger, saying the customers' second amended complaint "parrots" arguments the court previously rejected for lack of standing.

  • February 01, 2024

    U. Of Tenn. Athletic Director Rips NCAA's NIL Rules, Probe

    University of Tennessee Athletic Director Danny White blasted the NCAA over its policies regarding name, image and likeness compensation for athletes on Thursday, criticizing the governing body's investigation of the school for using NIL to recruit prospects and accusing it of using the university "as an example for their own agenda.''

  • February 01, 2024

    Golf's Existential Crisis Just Got A $3 Billion Jolt

    The restructuring of professional golf began to take shape this week with a $3 billion outside investment for the PGA Tour, leaving attorneys and academics with even more questions about the flagship promotion's already murky negotiations with its Saudi-backed rival LIV Golf.

  • February 01, 2024

    Sanderson Says Chicken Buyers' Retrial Bid Ignores Evidence

    An Illinois federal judge should reject thousands of chicken buyers' bid for either judgment or a retrial after a jury rejected their price-fixing accusations because ample evidence supported the verdict "and it is not a close call," Sanderson Farms argued Thursday.

  • February 01, 2024

    State-Led Generic Drug Cases Removed From MDL

    The Judicial Panel on Multidistrict Litigation has sent a trio of cases from state-level enforcers back to federal court in Connecticut, separating them from the sprawling MDL centralized in Pennsylvania over claims of price fixing in the generic drug industry.

  • February 01, 2024

    Growers Pan NC Poultry Producer's 'Abusive' Ranking System

    A North Carolina poultry farm has ensnared growers in a so-called tournament system that is heavily manipulated and significantly affects their earnings, according to a proposed class action that characterizes the scheme as "archaic, abusive and unconscionable."

  • February 01, 2024

    Truckmaker Scania Loses Appeal Over €880M Cartel Fine

    Europe's top court on Thursday refused to overturn a €880 million ($952 million) fine imposed by the European Union's enforcement arm on Volkswagen AG's Scania subsidiary for taking part in a truck cartel for more than a decade.

  • February 01, 2024

    Meme Stock Investors Want To Revive Suit Against Apex

    Meme stock investors asked the Eleventh Circuit on Thursday to revive their suit looking to hold broker-dealer Apex Clearing Corp. liable for trading losses, arguing that the lower court erred in determining that Apex did not owe any duty to the investors.

  • February 01, 2024

    Competition Group Of The Year: Hagens Berman

    Hagens Berman Sobol Shapiro LLP was able to score numerous wins in the past year, settling litigation accusing brokerages of anticompetitive conduct as well as claims that Perdue Farms conspired to keep wages low, earning the firm a spot among Law360's Competition Practice Groups of the Year.

  • February 01, 2024

    Freshfields Adds Ex-FTC Commissioner To Antitrust Team In DC

    Freshfields Bruckhaus Deringer LLP has hired the former sole Republican commissioner at the Federal Trade Commission, Christine Wilson, who resigned last year after saying the agency's chair had disregarded due process and the rule of law.

  • February 01, 2024

    2nd Circ. Backs Wall Street In Treasury Auction-Rigging Case

    The Second Circuit declined Thursday to revive antitrust litigation accusing major Wall Street banks of conspiring to rig U.S. Treasury auctions and defend their secondary-market middlemen roles, ruling that the pension funds and other investors behind the case failed to paint plausible pictures of collusion.

  • January 31, 2024

    Huawei Faces Civil RICO Suit From Netgear

    A major U.S. company is suing Huawei in California federal court under racketeering laws, arguing that the Chinese Communist Party-affiliated telecom giant is using infringement suits in Germany and China to demand "excessive and discriminatory royalties."

  • January 31, 2024

    FedEx Pushes 6th Circ. To Reboot Contractor False Ad Fight

    FedEx urged a Sixth Circuit panel Wednesday to revive a lawsuit targeting an industry consultancy that the delivery company said tried to manufacture a crisis among FedEx contractors to drum up business for itself.

  • January 31, 2024

    Super League Co. Says UEFA 'Escalating' Antitrust Behavior

    The sponsor of the would-be European Super League accused the Union of European Football Associations of doubling down on allegedly anti-competitive behavior meant to suffocate its rival even after Europe's top appeals court deemed such conduct illegal.

  • January 31, 2024

    Atlanta Restaurant Co. Sues Conn. Brewery With Similar Name

    A Connecticut brewery is using a name, signage and designs similar to that of the two-location, Georgia-based 5Church restaurant even after the U.S. Patent and Trademark Office denied the brewer's own registration attempt, according to a new trademark infringement lawsuit.

  • January 31, 2024

    NCAA Sued By Tenn., Va. Over 'Anticompetitive' NIL Policies

    The attorneys general of Tennessee and Virginia have taken direct aim at the NCAA's policies on name, image and likeness, claiming in a federal antitrust suit filed Wednesday that by overriding state regulations and banning NIL for recruiting athletes, the NCAA "is thumbing its nose at the law.''

  • January 31, 2024

    Competition Group Of The Year: Gibson Dunn

    The competition group at Gibson Dunn & Crutcher LLP scored key rulings in cases last year for clients including Merck and Chevron, while also helping guide VMWare's $61 billion sale to Broadcom, earning the firm a spot as one of Law360's 2023 Competition Groups of the Year.

  • January 31, 2024

    NY Commission-Fixing Suit Stayed Pending MDL Decision

    A New York federal judge agreed Wednesday to stay a lawsuit alleging the Real Estate Board of New York and various brokerages artificially inflated agents' commissions until a decision is made whether to consolidate the case with several similar lawsuits in Missouri.

  • January 31, 2024

    Monthly Merger Review Snapshot

    Amazon abandoned its $1.7 billion iRobot deal under pressure from Europe, as federal agencies in the U.S. blocked JetBlue's planned $3.8 billion merger with Spirit and saw a healthcare advertising deal collapse. Enforcers in Washington state, meanwhile, sued to block Kroger's $24.6 billion bid for supermarket rival Albertsons.

Expert Analysis

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Competition Considerations From Biden's AI Executive Order

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    In light of President Joe Biden's recent executive order on artificial intelligence and the antitrust agencies' expansive enforcement posture, businesses in the technology and related industries should expect scrutiny, and avoid interactions that could be perceived as unlawful collaborations or exchange of competitively sensitive information, say attorneys at Hogan Lovells.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • First-Of-Its-Kind Artist AI Ruling Offers Liability Guidance

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    A California judge recently became the first federal judge in Andersen v. Stability AI to rule at the pleading stage on a challenge to claims that training artificial intelligence models involves mass-scale copyright infringement, providing insight into the potential legal exposure of AI-enabled products, say attorneys at Fenwick.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • How 'Safe Harbor' Policy Will Modify M&A Processes

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    Legal practitioners should be aware that the Justice Department's "safe harbor" immunity will change the typical M&A process significantly as acquirers start embedding fraud detection into their due diligence, including a broader scope of examinations and interviews, says Jesse Silvertown at The Ledge.

  • Earnout Contract Considerations After NC Good Faith Ruling

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    The North Carolina Supreme Court's recent Value Health Solutions v. Pharmaceutical Research decision, holding the implied covenant of good faith and fair dealing did not apply in an earnout dispute related to an asset sale, demonstrates the need for practitioners to pay careful attention to milestone concepts in M&A transactions, says Benjamin Hicks at Wagner Hicks.

  • Reading Between The Lines Of HHS' National Lab Opinion

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    The U.S. Department of Health and Human Services' Office of Inspector General recently rejected a national laboratory's request to pay a referring lab to process specimens, but the request might have been an attempt to exploit the OIG's advisory opinion process for a competitive advantage, says Mary Kohler at Kohler Health Law.

  • ITC Ban On Apple Watch Could Still Be Reversed

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    The U.S. International Trade Commission's recent final decision that the Apple Watch infringed two patents owned by Masimo Corp. was a rare instance of a popular consumer product being hit with an absolute importation ban, but it's possible that President Joe Biden could assert his power to reverse the ITC decision, says Benjamin Horton at Marshall Gerstein.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Biden Admin's M&A Rhetoric Outpaces Enforcement Numbers

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    Despite the Biden administration's rhetoric about the need to reinvigorate antitrust efforts, merger enforcement actions by the Federal Trade Commission and the U.S. Department of Justice Antitrust Division are at 20-year lows, with the agencies opting for deterrence instead, says Ryan Quillian at Covington.

  • Best Practices For Cos. Navigating US-China Investigations

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    Given recent enforcement trends and the broad jurisdictional reach of U.S. laws, companies with operations in China must enhance their compliance programs in order to balance new corporate enforcement expectations with Chinese data protection and privacy requirements, say attorneys at Paul Hastings.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

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