Competition

  • February 05, 2024

    Competition Group Of The Year: Weil Gotshal & Manges

    Weil Gotshal & Manges LLP helped tech behemoths like Apple Inc. and Microsoft Corp. knock out antitrust challenges left and right last year, tangling with competition enforcers around the world and coming out on top, earning the firm a spot as one of Law360's 2024 Competition Groups of the Year.

  • February 05, 2024

    Expedia Must Face Bankrupt Swiss Rival's Antitrust Claims

    A federal court in Washington state has refused to toss claims that Expedia drove a competing hotel booking website out of business by using its control over Trivago to change the price comparison site's auction process for the placement of listings.

  • February 05, 2024

    CPAP Cleaner Co. Says Philips Can't Pin Recall On It

    Cleaning products designed to work with Koninklijke Philips NV's breathing machines were not the direct cause of damages the company suffered when it recalled the products, so SoClean could not be subject to false-advertising claims stemming from statements about "compatibility," it told a Pennsylvania federal court.

  • February 05, 2024

    Abercrombie Hit With Suit Over TTAB's 'Amateur' Ornithology

    An Oregon man took Abercrombie & Fitch Trading Co. to Ohio federal court after the clothing retailer got the U.S. Trademark Trial and Appeal Board to deny his registration application for a design featuring a seabird, arguing his design has no resemblance to the clothing company's bird silhouette mark.

  • February 05, 2024

    DOJ's Google Ad Tech Case Gets Sept. 9 Trial In Va.

    A Virginia federal judge teed Google up Monday for its next big antitrust battle and the first of three targeting its display advertising placement auction technology dominance, scheduling a Sept. 9 kickoff to the jury trial sought by the U.S. Department of Justice.

  • February 05, 2024

    Brokerage Asks Justices To Apply Arbitration To $1.8B Verdict

    HomeServices told the U.S. Supreme Court that the Eighth Circuit wrongly rejected arbitration agreements with certain members of a class that won a $1.8 billion verdict from a Missouri jury in October against the company, Keller Williams and the National Association of Realtors.

  • February 02, 2024

    Eli Lilly, Sanofi Beat Antitrust Suit Alleging Insulin Conspiracy

    A New York federal judge on Thursday tossed an antitrust suit alleging major drug manufacturers conspired to retract insulin discounts to boost profits, saying the companies developed their drug policies separately and not in conjunction with one another.

  • February 02, 2024

    Apple Users Win Class Cert. In App Store Monopolization Case

    A California federal judge certified a class of consumers Friday in high-stakes antitrust litigation over Apple's App Store, finding the consumers have addressed issues with their damages models and rejecting Apple's argument that testimony from the consumers' experts should be thrown out.

  • February 02, 2024

    US Chamber Calls SEC SolarWinds Suit An FCPA 'Power Grab'

    The U.S. Chamber of Commerce on Friday urged a New York federal court to ax the U.S. Securities and Exchange Commission's suit against software provider SolarWinds Corp., saying the agency is using a provision of the Foreign Corrupt Practices Act as a power grab for broader corporate policing authority.

  • February 02, 2024

    Google Faces Mounting Pressures In Ad Tech Cases

    A Texas federal judge said Friday that Google would have to refile a dismissal bid aimed at state attorneys general allegations targeting its display advertising placement auction technology dominance, while half a continent away the U.S. Department of Justice eyed a July trial over that same technology in a Virginia federal courtroom.

  • February 02, 2024

    1st Circ. Fast-Tracks JetBlue And Spirit Merger Block Appeal

    JetBlue Airways and Spirit Airlines got their wish for a speedy appeal to a federal judge's decision blocking their plans for a $3.8 billion merger on Friday, with the First Circuit saying arguments would be heard in June.

  • February 02, 2024

    3rd Circ. Won't Overturn Fireworks Control IP Decision

    The Third Circuit has refused to overturn an earlier finding that lifted a preliminary injunction blocking Romanian company fireTEK from distributing a product that allegedly infringed a copyright on a U.S. rival's fireworks display communication protocol.

  • February 02, 2024

    Dem Sens. Float Bill To Prevent Algorithmic Price-Fixing

    A group of Democratic senators introduced a bill Friday that would prevent companies from using software to fix prices through algorithms, saying the issue has already come up in the rental housing market and could soon spread to other sectors.

  • February 02, 2024

    NCAA Hoopster Reinstated As Judge Questions Transfer Rule

    A New Jersey federal judge late Friday reinstated a Rutgers basketball player whom the NCAA had suspended for 15 games, ruling that the organization cannot keep him off the court using a now prohibited transfer eligibility rule and that he had shown that doing so would cause him irreparable harm.

  • February 02, 2024

    Bedoya Eyes Worker Misclassification As Unfair Competition

    Federal Trade Commission member Alvaro M. Bedoya called on Friday to employ the agency's powers to combat "unfair methods of competition" against companies that misclassify workers as independent contractors to insulate themselves from liability and slash compensation.

  • February 02, 2024

    Ill. Towns, Metra Ask DC Circ. To Void CP-KCS Rail Merger

    Several Illinois towns and Chicago's commuter rail system told the D.C. Circuit on Friday that federal regulators improperly approved Canadian Pacific's $31 billion merger with Kansas City Southern without fully vetting the public safety and environmental harms resulting from increased rail traffic congestion in the Windy City.

  • February 02, 2024

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

    This past week in London has seen Dentons sued by a former high-profile partner in Saudi Arabia, Jaguar Land Rover rev its engine in the intellectual property court against automotive company HaynesPro, and the Russian National Reinsurance Company tackle a settlement with BOC Aviation over stranded aircraft. Here, Law360 looks at these and other new claims in the U.K.

  • February 02, 2024

    Google Looks To Nix Epic's Play Store Win

    Google told a California federal court it should toss out a jury verdict in favor of Epic Games in its antitrust case over Android apps, saying the jury received improper instructions and also relied on a flawed view of the market that ignores competition from Apple.

  • February 02, 2024

    Colo. Firm Says Texas Rival Is Encroaching On 'Strong Arm' Turf

    A prominent Colorado personal injury firm has sued a Texas-based personal injury firm in Denver District Court for allegedly violating an agreement to only use the phrase "the strong arm" for marketing in Texas.

  • February 02, 2024

    Off The Bench: NIL In Court, $3B Golf Deal, Angelos Sells O's

    In this week's Off The Bench, the NCAA's legal woes mount as two states lob antitrust claims against its name, image and likeness payment rules, the PGA Tour secures a $3 billion investment as talks with LIV Golf trudge on, and the Angelos family sells its stake in the Baltimore Orioles.

  • February 02, 2024

    UK Regulator Examining Thermo Fisher's $3.1B Olink Buy

    The U.K.'s Competition and Markets Authority said Friday that it is looking into American biotechnology company Thermo Fisher Scientific's planned $3.1 billion purchase of Swedish biotech business Olink to determine whether it will result in reduced 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.

Expert Analysis

  • 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.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Why Criminal No-Poach Cases Can Be Deceptively Complex

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    Mark Rosman at Wilson Sonsini discusses the reasons many criminal no-poach cases that appear simple are actually more complicated than they seem, following several jury trial acquittals and two dismissed cases.

  • Forecasting The Impact Of High Court Debit Card Rule Case

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    John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • What's At Stake In Bystolic 'Side Deals' Litigation

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    In re: Bystolic Antitrust Litigation, which has oral argument set for next month, will likely shed light on how the U.S. Court of Appeals for the Second Circuit views side deals, and could create a circuit split in pleading standards for reverse payment cases, say attorneys at Axinn.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Cross-Market Implications In FTC's Anesthesia Complaint

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    The Federal Trade Commission's recent complaint against a private equity firm's acquisition of anesthesiology practices highlights the controversial issue of cross-market harm in health care provider mergers, and could provide important insights into how a court may view such theories of harm, say Christopher Lau and Dina Older Aguilar at Cornerstone Research.

  • FTC Orange Book Move Signals New Pharma Patent Scrutiny

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    The Federal Trade Commission's recent dispute against improper listing of drug patents in the U.S. Food and Drug Administration's Orange Book indicates heightened surveillance of the pharmaceutical industry, particularly where competition-related consequences of patent or regulatory processes are concerned, say attorneys at Fenwick.

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