The California federal judge overseeing Epic's antitrust suit against Apple reacted skeptically Wednesday to an Apple executive's claim that it has fully complied with her order aimed at allowing app developers to send users to outside payment platforms, saying some of Apple's new rules appear to "stifle competition."
Law360
Competition
THURSDAY, MAY 9, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Apple Judge Skeptical Tech Giant Complying With Epic Order

By Bonnie Eslinger

The California federal judge overseeing Epic's antitrust suit against Apple reacted skeptically Wednesday to an Apple executive's claim that it has fully complied with her order aimed at allowing app developers to send users to outside payment platforms, saying some of Apple's new rules appear to "stifle competition."

Read full article » | Save to favorites »

Google Fights Subpoena On Texas Amid Ad Tech MDL

By Ali Sullivan

Google is urging a New York federal judge overseeing sweeping multidistrict litigation over the tech giant's alleged monopoly in digital advertising to stamp out a subpoena seeking discovery from Texas in related litigation in the Lone Star State.

Letter attached | Read full article » | Save to favorites »

Teva Must Face Bulk Of Asthma Inhaler Antitrust Suit

By Bryan Koenig

A Massachusetts federal judge largely refused Tuesday to toss antitrust claims accusing Teva of a decadelong anticompetitive scheme to delay generic competition for its blockbuster QVAR asthma inhalers, finding it plausible that Teva paid off a would-be rival and forcibly switched doctors and patients to a new product.

Memorandum attached | Read full article » | Save to favorites »

Homebuyers Can't Stop NAR's $418M Settlement Hearing

By Celeste Bott

An Illinois federal judge said Wednesday she won't derail a final settlement hearing for the National Association of Realtors' $418 million deal with home sellers, despite a class of homebuyers' claims that the deal interferes with their separate case, saying they will have a chance to voice concerns at the hearing.  

2 documents attached | Read full article » | Save to favorites »

INTERNATIONAL

EGC Won't Annul EU Decision To Toss Spanish Tax Scheme

By Kevin Pinner

The European General Court will not annul a European Commission decision that a Spanish tax scheme for vessels built in its domestic shipyards must be abandoned because it was incompatible with the European Union's internal market, according to a judgment released Wednesday.

1 document attached | Read full article » | Save to favorites »

LITIGATION

Advertisers Fight For Class Action In Google Antitrust Case

By Lucia Osborne-Crowley

A group of advertisers fought for a green light for their class action against Google owner Alphabet on Wednesday, arguing that their case meets the requirements for a class proceedings order because there are serious issues of abuse of market dominance to be tried.

Read full article » | Save to favorites »

Split 6th Circ. Says Digital Media TM Case Has To Stay In Tenn.

By Andrew Karpan

The Sixth Circuit on Wednesday held that a trademark fight between two companies that digitally preserve home movies, photos and other media will have to play out in a Tennessee federal court, after the panel split over how many customers are enough to extend jurisdiction in the trademark dispute.

Opinion attached | Read full article » | Save to favorites »

AI Art Cos. Fight Uphill To Toss Artists' Copyright Suit

By Craig Clough

Attorneys for four companies that make or distribute software that creates images with text prompts urged a California federal judge Wednesday to rethink his tentative opinion to allow some claims by a proposed class of artists to move forward, with one warning it could lead to hundreds of thousands of similar suits.

Read full article » | Save to favorites »

Trashing Of IP Case Wrongly Cut Atty Fees, Del. Justices Told

By Jeff Montgomery

An attorney for a client who saw all claims against him dropped before trial in a suit focused on allegedly purloined trash-handling trade secrets urged Delaware's Supreme Court on Wednesday to reverse the Chancery Court's purported failure to hear his attorney fee claim.

4 documents attached | Read full article » | Save to favorites »

BIA Tells 8th Circ. Energy Co. Can't Revive Lease Suit

By Joyce Hanson

The U.S. Department of the Interior's Bureau of Indian Affairs has asked the Eighth Circuit to uphold a North Dakota federal judge's dismissal of Prima Exploration Inc.'s oil and gas lease termination suit, saying the lower court correctly dismissed the case for failure to exhaust administrative remedies.

3 documents attached | Read full article » | Save to favorites »

Wash. Justices Decline Personal Injury Atty's Fee Split Spat

By Rachel Riley

Washington's high court has declined to hear a personal injury lawyer's challenge to his old firm's fee-splitting agreement, letting stand a state appellate court's ruling that the contract had "clear and unequivocal language" compelling him to pass on half the fees he earned from the firm's former clients after his departure.

3 documents attached | Read full article » | Save to favorites »

ENFORCEMENT

Fuel Truck Exec Cops To Rigging Firefighting Contract Bids

By Gina Kim

An Idaho fuel truck company executive accused of conspiring with others to manipulate bids for U.S. Forest Service firefighting contracts to suppress other competitors in the market over an eight-year period pled guilty Wednesday in federal court, according to the U.S. Department of Justice.

Read full article » | Save to favorites »

PEOPLE

Freshfields Antitrust Duo Rejoins Wilson Sonsini In DC

By Adrian Cruz

Wilson Sonsini Goodrich & Rosati PC announced that a pair of former attorneys, including the new co-chair of its antitrust practice, rejoined the firm following stints at Freshfields Bruckhaus Deringer LLP.

Read full article » | Save to favorites »

EXPERT ANALYSIS

PE In The Crosshairs Of Public And Private Antitrust Enforcers

A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.

Read full article » | Save to favorites »

Series

Swimming Makes Me A Better Lawyer

Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

Read full article » | Save to favorites »

LEGAL INDUSTRY

Analysis

In Story Of Sex And Lies, Can Cohen Write Final Chapter?

By Phillip Bantz

The Manhattan District Attorney's Office has told a story of scandal and scheming to the jury in Donald Trump's criminal hush money trial, setting the stage for the prosecution's star witness to take the stand and wrap up the narrative.

Read full article » | Save to favorites »

Ex-McElroy Deutsch CFO Cops To $1.5M Theft From Firm

By George Woolston

McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer admitted Wednesday to embezzling more than $1.5 million from the firm and failing to pay income tax, New Jersey Attorney General Matthew J. Platkin announced.

Read full article » | Save to favorites »

Lewis Brisbois Atty Fatally Shot In McDonald's Altercation

By Ryan Boysen

A Lewis Brisbois Bisgaard & Smith LLP attorney was fatally shot at a McDonald's in Houston after reportedly stepping in as a good Samaritan and attempting to calm down an irate customer who'd been arguing with staff at the fast food restaurant.

Read full article » | Save to favorites »

Titan Of The Plaintiffs Bar: Lieff Cabraser's Kelly Dermody

By Irene Spezzamonte

A semester off from Harvard University in the late 1980s meant for reflection instead turned into a pivotal moment in Kelly Dermody's life, settling the roots for her successful career during which she has become a lighthouse for employment and discrimination cases.

Read full article » | Save to favorites »

ABA Will Study Rape Questions' Necessity For Bar Applicants

By Cara Bayles

An American Bar Association commission will issue a report and recommendations by August on the practice of requiring would-be lawyers to disclose and discuss their experiences of sexual violence during the attorney licensure process.

Letter attached | Read full article » | Save to favorites »

ABA Directs Attys To Avoid Sharing Client Info On Listservs

By Emily Sawicki

It is in the best interest of clients for their legal counsel to avoid sharing information related to representation while seeking advice in an online listserv forum, if the comments or questions could be connected to a client's identity, according to American Bar Association guidance published Wednesday.

Opinion attached | Read full article » | Save to favorites »

Ga. Appeals Court Will Review Trump DQ Bid In Election Case

By Kelcey Caulder

The Georgia Court of Appeals on Wednesday agreed to review a judge's ruling allowing Fulton County District Attorney Fani T. Willis to continue prosecuting the election interference case she brought against former President Donald Trump.

Order attached | Read full article » | Save to favorites »

Fani Willis Is Outraising Primary Challenger More Than 5 To 1

By Chart Riggall

Less than two weeks from the first hurdle in her bid for reelection, Fulton County District Attorney Fani T. Willis is boasting a​​ campaign war chest more than five times heftier than her Democratic challenger's, according to campaign finance disclosures filed this week.

Read full article » | Save to favorites »

Biden Picks US Magistrate Judge In Fla. For 11th Circ.

By Courtney Bublé

President Joe Biden announced Wednesday his intent to nominate U.S. Magistrate Judge Embry J. Kidd to the Eleventh Circuit.

Read full article » | Save to favorites »

Robins Kaplan File Flub Bad Look For Both Sides, Panel Says

By Rachel Scharf

A Manhattan appeals panel expressed concern Wednesday that Robins Kaplan LLP had poked through an opposing party's Dropbox database that was accidentally shared in investor litigation, while also criticizing the other side for failing to catch the error.

Read full article » | Save to favorites »

NJ Justices Approve Measures For Helping Atty Well-Being

By Emily Johnson

The New Jersey Supreme Court has accepted several recommendations from its committee focused on attorney well-being, paving the way for the committee to examine how attorneys can briefly postpone court dates or possibly receive an extension to meet deadlines so they can handle pressing wellness needs.

Notice attached | Read full article » | Save to favorites »

Legal Access Program Being Set Up For Separated Families

By Alyssa Aquino

The Biden administration has tapped the Acacia Center for Justice to manage a court-ordered legal access program to help migrant families stay in the U.S. after they were separated under a Trump-era policy to prosecute anybody caught entering the country unlawfully.

Read full article » | Save to favorites »

Colo. Judges Urge Attys To Take On More Pro Se Cases

By Thy Vo

A group of Colorado federal judges tried Wednesday to recruit more lawyers to help pro se litigants, who file about a third of the district's cases each year, with the judges recounting tactical mistakes and case delays that attorneys could have prevented.

Read full article » | Save to favorites »

Promo that reads Law360 2024 Titans of the Plaintiffs Bar Promo that reads Law360 Pulse 2024 AI Survey

LAW FIRMS IN TODAY'S NEWS

Ahdoot & Wolfson

Aidala Bertuna

ArentFox Schiff

Axinn Veltrop

Berger Montague

Berman Tabacco

Boies Schiller

Bradley Arant

Brick Court Chambers

Buchalter APC

Caldwell Carlson

Cleary Gottlieb

Cole Schotz

Cooley LLP

Covington & Burling

Cravath Swaine

Crowley Fleck

Davis Graham

Davis Grimm

Edelson Lechtzin

Faegre Drinker

Fedder & Janofsky

Foley & Lardner

Ford O'Brien

Freshfields

Gibbons PC

Gibson Dunn

Girard Sharp

Glancy Prongay

Gordon Rees

Grabar Law

Griffin Durham

Gustafson Gluek

Hamberger & Weiss

Hartley LLP

Hausfeld LLP

Hilliard & Shadowen

Hinkle Shanor

Hogan Lovells

Holland & Knight

Humphries Kerstetter

Hunton Andrews

Jenner & Block

Jones Day

Joseph Saveri Law Firm

Kehoe Law Firm

Keker Van Nest & Peters

Kellogg Hansen

Kirby McInerney

Kirkland & Ellis

Korein Tillery

Latham & Watkins

Law Office of Timothy F. McGoughran

Lewis Baach

Lewis Brisbois

Lieff Cabraser

Lockridge Grindal

MacGill PC

McElroy Deutsch

MoginRubin

Morgan Lewis

Morrison Foerster

NastLaw

Nelson Mullins

One Essex Court

Outten & Golden

Pierson Law LLC

Pillsbury Winthrop

Radice Law Firm

Robins Kaplan

Saltz Mongeluzzi

Seattle Truck Law

Shaffer Lombardo

Sperling & Slater

Steyer Lowenthal

Stoel Rives

Talmadge Fitzpatrick

Taus Cebulash

The Miller Law Firm PC (Rochester, MI)

Vorys

Weil Gotshal

Wexler Boley

Wheeler Trigg

Williams & Connolly

Williams Law Firm

Williams Weese

Wilson Sonsini

Zuckerman Spaeder

COMPANIES IN TODAY'S NEWS

Alphabet Inc.

American Bar Association

American Securities LLC

Amneal Pharmaceuticals Inc.

Anywhere Real Estate Inc.

Apple Inc.

Assa Abloy AB

Aurobindo Pharma Ltd.

Bumble Bee Foods LLC

Center for Justice

Charlesbank Capital Partners LLC

Cipla Ltd.

Enerplus Corp.

Epic Games Inc.

FireEye Inc.

Getty Images Inc.

GitHub Inc.

Google LLC

Harvard University

Keller Williams Realty Inc.

L'Oreal SA

LinkedIn Corp.

Lion Capital LLP

Los Angeles Rams

McDonald's Corp.

National Association of Realtors

New Jersey State Bar Association

New York University

Paypal Holdings Inc.

RE/MAX LLC

RealPage Inc.

Smash My Trash LLC

Teva Pharmaceutical Industries Ltd.

The DIRECTV Group Inc.

The Goldman Sachs Group Inc.

The Leadership Conference on Civil & Human Rights

The State University of New York

Thoma Bravo LLC

Trump Organization Inc.

U.S. Anesthesia Partners

Varsity Brands LLC

Walmart Inc.

Welsh Carson Anderson & Stowe

Zynga Inc.

eBay Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Indian Affairs

Competition Appeal Tribunal

Delaware Court of Chancery

European Commission

European Union

Executive Office of the President

Federal Communications Commission

Federal Trade Commission

Food and Drug Administration

Georgia Supreme Court

Interior Board of Indian Appeals

Manhattan District Attorney's Office

New Jersey Supreme Court

U.S. Attorney's Office for the District of Idaho

U.S. Attorney's Office for the District of North Dakota

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Justice

U.S. Department of the Interior

U.S. District Court for the District of Idaho

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of New Jersey

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of New York

U.S. District Court for the Western District of Tennessee

U.S. Postal Service

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Nevada

United States District Court for the District of North Dakota