Analysis

Meta Loss Shows Time Not On Enforcers' Side In Tech Cases

By Bryan Koenig

Meta's triumph over a Federal Trade Commission antitrust case Tuesday hinged on a D.C. federal judge's finding that the company lacks a monopoly in the present day, highlighting some of the challenges of using slow-moving litigation to challenge fast-moving markets.

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Analysis

State Of NIL Play At High Schools

By David Steele

An Ohio state judge's temporary halt of a policy barring name, image and likeness compensation for high school athletes may have the domino effect of wiping out the ban in the handful of states that still have it. Here, Law360 takes a look at the holdout states and the legislative and bylaw changes they are contemplating to lift the ban.

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Pharma Cos. Seek Early Win In States' Price-Fixing Lawsuit

By Aaron Keller

A collection of states failed to prove an overarching conspiracy among 25 separate pharmaceutical companies to fix the prices of generic drugs, most of them dermatology formulations, the drugmakers argued Wednesday in support of a bid for an early win on one element of dozens of antitrust claims.

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DOJ Antitrust Chief Says Agriculture A 'Top Priority'

By Matthew Perlman

The U.S. Department of Justice's top antitrust official said enforcers have already opened several investigations in the agriculture sector, including into meatpackers at the direction of President Donald Trump, and called the industry a "top priority" for the agency.

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State AGs Want Further HPE-Juniper Integration Barred

By Bryan Koenig

The Democratic state attorneys general challenging the controversial U.S. Department of Justice settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks want a California federal judge to bar the companies from "further integration" while they push the court to reject the deal outright.

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Claims Firms Barred From Misleading Plaintiffs In Pharma MDL

By James Boyle

On the same day that a Philadelphia federal judge approved $58 million in settlements as part of an ongoing generic-drug price-fixing multidistrict litigation, she also ordered several claims recovery firms to correct allegedly false and misleading ads used to attract potential clients seeking to make claims on the settlements.

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FTC Withdraws In-House GTCR Merger Case

By Matthew Perlman

The Federal Trade Commission withdrew its administrative case challenging GTCR BC Holdings LLC's acquisition of a medical coatings supplier to consider whether to drop the case entirely after an Illinois federal judge refused to put the merger on hold.

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Apple Bids To Cut Free ICloud Users From £3B 'Which' Claim

By Joanne Faulkner

Apple told the Competition Appeal Tribunal on Thursday that iCloud users who never paid for the service should be struck out from a proposed £3 billion ($3.9 billion) collective action claim brought by Which because their loss is "entirely subjective."

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Congressional Dems Revive Bill To Curb Rental Price-Fixing

By Nate Beck

A group of Democratic lawmakers have reintroduced legislation in Congress to crack down on landlords using algorithms to systematically raise rental prices.

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Keurig Buyers Denied Class Cert. In K-Cup Antitrust Row

By Rae Ann Varona

A New York federal judge on Thursday denied class certification to direct purchasers of Keurig K-Cups who accuse the coffee machine company of stifling competition, saying the coffee pod buyers failed to show that common questions predominate those affecting only individual class members, particularly when it comes to antitrust injury.

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Blue Shield Of California, Magellan Sued Over 'Ghost Network'

By Gina Kim

Blue Shield of California and Magellan Health maintain a "ghost network" directory of mental health providers who don't exist or don't accept new patients, leading customers to hit a dead end or desperately resort to expensive out-of-network providers, according to a proposed class action filed Wednesday in California federal court. 

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Invisalign-Maker's Sweetened $32M Antitrust Payout OK'd

By Bonnie Eslinger

A California federal judge who previously rejected Invisalign-maker Align Technology's $27.5 million antitrust deal with SmileDirectClub buyers because it included a coupon program said Thursday he will approve a revised deal, which provides for an all-cash $31.75 million payout.

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Unlockd Is Latest Google Foe To Seek Judge's Recusal

By Andrea Keckley

Unlockd Media has become at least the second Google antitrust foe to seek the recusal of U.S. District Judge Haywood S. Gilliam Jr. over his close relationship with Google's vice president for litigation and discovery.

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States Back Hockey Players In Antitrust Fight Over Contracts

By Elaine Briseño

More than a dozen states have thrown their support behind current and former players in an antitrust lawsuit against the National Hockey League and its pipeline junior organizations, arguing a lower court's dismissal ignores how exclusive recruiting territories reduce competition for labor.

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9th Circ. Urged To Revive Google Maps Antitrust Suit

By Dorothy Atkins

App makers urged the Ninth Circuit on Thursday to revive a proposed class action targeting Google's Maps product, arguing that the lower court erred in failing to accept at the pleading stage their antitrust arguments that Google's terms suppressed competition, allowing Google to increase developer costs up to 1,400%.

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Realtors Rule Change Backs Antitrust Suit, Agents Argue

By Grace Dixon

A proposed class of Michigan real estate brokers and agents have asserted that the National Association of Realtors effectively admitted to the litigants' antitrust claim when it revoked its disputed policy, which required membership in the organization to use multiple listing services.

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Subletting Co. Settles NYC's Illegal STR 'Matchmaker' Claims

By Isaac Monterose

A subletting company has agreed to resolve claims that it was used as a "'matchmaker'" of sorts for advertising and setting up illegal short-term rentals in New York City, the Mayor's Office of Special Enforcement announced.

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Rule Amendments Pave Path For A Privilege Claim 'Offensive'

Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.

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Series

My Miniature Livestock Farm Makes Me A Better Lawyer

Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.

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Bonus Spotlight

Texas Boutique Giving Associates Bonuses Of Up To $135K

By Tracey Read

Texas complex commercial litigation boutique Vartabedian Hester & Haynes LLP announced Friday that it will reward associates with additional year-end bonuses of up to $135,000 by Dec. 31, while more firms said they'd match or exceed the prevailing BigLaw scale.

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Atty Had 6 AI Tools Check Each Other, Yet Fakes Still Cited

By Andrea Keckley

A California federal judge has sanctioned a solo practitioner representing the plaintiffs in a proposed wage and hour class action against clothing brand Vuori Inc. after he admitted to using about a half-dozen artificial intelligence tools to prepare a motion.

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Fenwick & West Must Face New Claims In FTX Crypto MDL

By Madison Arnold

A Florida federal judge signed off on a bid to file new claims against Fenwick & West LLP by victims of the infamous FTX Trading Ltd. cryptocurrency scam after they argued that new information had emerged about the firm's alleged role in the trading platform's collapse.

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Google Calls Rumble's Judge Recusal Bid 'Cynical Maneuver'

By Rae Ann Varona

Google argued Friday that a California federal judge need not recuse himself from YouTube rival Rumble's antitrust suit despite his friendship with Google's top in-house litigation chief, saying Rumble's push for the recusal was a "cynical maneuver" for its Ninth Circuit appeal of a summary judgment loss.

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Ex-Gordon Rees Atty Reprimanded For Mistakes Blamed On AI

By Rose Krebs

An Alabama bankruptcy judge won't sanction Gordon Rees Scully Mansukhani LLC for a filing submitted by one of its former lawyers that contained mistakes blamed on artificial intelligence, but has reprimanded the attorney and ordered her to notify her clients about the reprimand.

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Worker Says Morgan & Morgan Fired Her Over Fraud Concern

By Irene Spezzamonte

Injury law firm Morgan & Morgan PA fired a case manager after she voiced a concern about fraudulent client hospital records she said the firm gave to opposing counsel to snag more favorable settlements and failed to pay overtime, according to a suit in California state court.

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Tort Report: Ga. Injury Suits Surge Ahead Of Tort Reform

By Y. Peter Kang

Word of a big surge in Georgia injury lawsuits ahead of tort reform legislation and a $66 million Atlanta nightclub shooting judgment lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

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Ex-US Trustee Director's Firing Appeal Tossed, For Now

By Clara Geoghegan

The former head of the U.S. Department of Justice's bankruptcy watchdog program had her appeal challenging her abrupt firing dismissed, at least for now, while a federal agency mulls questions around executive power in separate cases.

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DOJ Will Speed Some Classified Discovery In Bolton Case

By Jared Foretek

Federal prosecutors agreed Friday to accelerate their classified discovery timeline in the prosecution of John Bolton, as a Maryland federal judge pressed them to move faster.

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Ga. Justices Spell Out How Atty Ads Can Be Misleading

By Emily Johnson

The Georgia Supreme Court has updated the State Bar of Georgia's rule that prohibits attorneys from misleading the public in advertising their services, defining how lawyers' messaging in ads could run afoul of the state's rule and possibly lead to disbarment.

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DC Judge Backs Local Grand Jury's Federal Indictment Power

By Jared Foretek

Following a D.C. federal judge's Thursday ruling that the city's unique legal structure allows prosecutors to bring indictments from local grand juries to federal court, a District of Columbia man on Friday asked the court to stay the ruling for five business days.

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Roundup

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

By Laura Stewart Liberty

This past week in London has seen Clyde & Co. face a claim from Yorkshire firm GWB Harthills, a property developer previously investigated over suspected bribery and corruption sue the general counsel and solicitor to HM Revenue and Customs, and sportswear giant Gymshark bring an intellectual property claim against its co-founder's rival company, AYBL. Here, Law360 looks at these and other new claims in the U.K.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

This week's edition of GC Cheat Sheet explores which top legal officers take home the most money and why. And the general counsel of SolarWinds Corp. can finally leave its data breach regulatory problems behind after the Securities and Exchange Commission dropped its unprecedented case against the company and its chief information security officer.

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Law360's Legal Lions Of The Week

By Kevin Penton

Kellogg Hansen Todd Figel & Frederick PLLC leads this week's edition of Law360 Legal Lions, after a D.C. federal judge rejected a Federal Trade Commission suit accusing Meta Platforms of illegally monopolizing social media through its purchases of WhatsApp and Instagram.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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