Competition

  • February 07, 2024

    Fieldfisher Hires Arbitration Pro For New Amsterdam Practice

    Fieldfisher LLP has recruited a dispute resolution specialist from Pogust Goodhead to spearhead a new international arbitration practice it has launched in Amsterdam, as it continues to build out its disputes offering across Europe.

  • February 07, 2024

    Linklaters, Slaughter & May Guide £2.5B UK Builders' Merger

    Barratt Developments PLC said on Wednesday that it will acquire Redrow PLC in an all-share offer that values the rival homebuilder at £2.5 billion ($3.2 billion) in a move it said will accelerate the construction of homes in Britain.

  • February 06, 2024

    Apple Defeats Antitrust Suit By AliveCor Over Apple Watch

    A California federal judge on Tuesday handed a win to Apple, throwing out a high-profile lawsuit in which startup AliveCor accused Apple of illegally blocking it from the smartwatch marketplace, according to a final judgment.

  • February 06, 2024

    Nestle Ducks Baby Formula Antitrust Suit, But Not Gerber

    A New York federal judge on Tuesday cut Switzerland-based Nestle loose from a baby formula packager's antitrust suit alleging Gerber breached a contract and cut an anti-competitive agreement with Perrigo to stave off competition in major retail stores, but ruled that Perrigo and Gerber will have to continue fighting the claims.

  • February 06, 2024

    Report Shows Fragile US Solar Growth Under Safeguard

    The U.S. solar energy industry has grown despite bumpy conditions since 2020 and is on track to expand into photovoltaic cell production before the end of the year, according to a report released Tuesday by the U.S. International Trade Commission.

  • February 06, 2024

    College Players Fight NCAA's Bid To Pause Suit For JPML

    Former college athletes urged a Colorado federal judge not to pause their proposed class action seeking a piece of broadcasting profits, arguing there's no reason to let the NCAA and major conferences pump the breaks while a multidistrict litigation panel mulls a transfer motion.

  • February 06, 2024

    FTC Presses To Keep Seller Info From Amazon If Suit Survives

    The Federal Trade Commission urged a Washington federal court on Tuesday not to toss its landmark case accusing Amazon of monopolizing online retail sales and also pushed to prevent exposure of sellers' confidential information to the e-commerce giant while the case is underway.

  • February 06, 2024

    ​​​​​​​Top Groups Lobbying The FCC

    The Federal Communications Commission heard from companies and interest groups more than 100 times in January on a wide variety of topics, from net neutrality proposals to cybersecurity to planned new rules to revamp spectrum.

  • February 06, 2024

    Vivint Takes Bid To Undo $190M Trademark Verdict To 4th Circ.

    Smart home software company Vivint, saddled with a nearly $190 million verdict over allegedly deceptive marketing tactics, is taking its quest to overturn the judgment to the Fourth Circuit, following a North Carolina judge's decision to uphold the damages awarded to its competitor.

  • February 06, 2024

    Medical Device Co. Accuses Ex-Sales Reps Of Stealing Clients

    Two sales representatives broke noncompete and confidentiality agreements when they "conspired to steal" more than $1 million worth of business from their then-employer before leaving for a competitor, a medical device company alleged in a suit filed Monday in Texas federal court.

  • February 06, 2024

    Ex-Contech Exec Asks 4th Circ. To Toss More Convictions

    The U.S. Department of Justice and the former Contech executive who was convicted of bid-rigging both agree that the Fourth Circuit should rethink the decision that wiped out that conviction, but for different reasons — one wants the conviction reinstated, while the other says the panel didn't go far enough.

  • February 06, 2024

    Express Scripts Cites Low Bar To Keep AG Suit In Fed. Court

    Pharmacy benefit manager Express Scripts Inc. pressed the Ninth Circuit on Monday to let it force its part of a California attorney general antitrust suit over skyrocketing insulin prices into federal court, arguing the enforcer and a U.S. district judge imposed the wrong standards in sending the case back to state court.

  • February 06, 2024

    Zillow Rival Appeals Property Listings Suit Loss To 9th Circ.

    Defunct brokerage platform REX-Real Estate Exchange is asking the Ninth Circuit to grant a new trial in its deceptive practices suit against Zillow, arguing that a Washington federal judge gave jurors improper instructions that allowed Zillow to escape culpability for REX's claims that it benefited from its allegedly unfair online listing actions.

  • February 06, 2024

    Competition Group Of The Year: Wilkinson Stekloff

    Wilkinson Stekloff LLP took on the Federal Trade Commission in the second-largest merger trial in American history and won, defending Microsoft Corp. in the agency's challenge to its $68.7 billion acquisition of Activision Blizzard Inc., earning the firm a spot among Law360's 2023 Competition Practice Groups of the Year.

  • February 06, 2024

    Cybersecurity Biz To Go Private Following $350M Merger

    External cybersecurity provider ZeroFox Holdings Inc., advised by Venable LLP, will no longer be a public company following its all-cash $350 million acquisition by private equity firm Haveli Investments, led by Ropes & Gray LLP, according to a Tuesday statement.

  • February 06, 2024

    Ex-Lawyer Can Lead £1.3B Amazon Class Action In UK

    The Competition Appeal Tribunal has ruled that consumer rights advocate Robert Hammond is the most suitable representative to bring a class action worth an estimated £1.3 billion ($1.6 billion) against Amazon over alleged breaches of competition law.

  • February 05, 2024

    Google-Apple Search Pact Antitrust Suit Booted, For Now

    A California federal judge Monday tossed an antitrust suit over Google and Apple's agreement making Google the default iPhone search engine, saying the consumers have not plausibly alleged that competitors are being shut out of the market, but will allow them to rework some claims.

  • February 05, 2024

    SEC's SolarWinds Suit May Chill Disclosures, Ex-Officials Say

    A group of 21 former government officials from both Democratic and Republican administrations has urged a New York federal court to consider the possible chilling effects of public-private information sharing on cyber incidents in the U.S. Securities and Exchange Commission's case against SolarWinds.

  • February 05, 2024

    High Court Rejects COVID App's Emergency Apple Appeal

    Justice Elena Kagan refused Monday to grant immediate high court relief that could have opened up iPhones to alternative distribution outside the App Store, rejecting a petition accusing the Ninth Circuit of "egregious error" in declining to revive antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps.

  • February 05, 2024

    JBS Settles Meat Plant Wage-Fixing Suit In Colo.

    Meat processing giant JBS USA Food Co. and a presumed class of meat plant workers have settled claims of wage-fixing in a lawsuit originally filed against nearly a dozen meat producers, according to a joint notice filed Monday.

  • February 05, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's chancellor gave us 55 billion reasons to keep an eye on the First State in a case involving Tesla CEO Elon Musk's pay package, while the court of equity also took on cryptocurrency, artificial intelligence, space flight and country music.

  • February 05, 2024

    Apple Calls Crypto Payment App Claims 'Demonstrably False'

    Apple has asked a California federal court to toss a proposed class action claiming its agreements with Apple Cash competitors illegally limit competition by blocking decentralized cryptocurrency technology, arguing that technology is not actually blocked and is in fact available on Apple's App Store.

  • February 05, 2024

    Caterpillar Gets Tweaks To Antitrust Suit Blocked

    A Delaware federal judge has refused to let a defunct construction equipment supplier add a new legal theory in its long-running antitrust case accusing Caterpillar of pressuring an online auctioneer to break its contract with a would-be competitor, finding no good cause to permit amendment years after the deadline.

  • February 05, 2024

    Jackson Hewitt To Settle No-Poach Suit Over Its Franchises

    Jackson Hewitt Inc. told a New Jersey federal court that it has reached a settlement in principle with its former workers who brought a proposed class action alleging that the company's franchisees entered into an anti-competitive no-poach agreement despite the firm's previous pledge to not have or enforce such arrangements.

  • February 05, 2024

    NCAA Athletes Seek Cert. In Payouts Case Sparked By Alston

    Current and former college athletes suing the NCAA over claims they were stiffed on payments authorized by the U.S. Supreme Court in its recent Alston decision moved on Friday to certify a class numbering tens of thousands of student-athletes, saying this is a "prototypical case for class certification."

Expert Analysis

  • 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.

  • 5 Ways To Leverage Recent DOJ 'Safe Harbor' M&A Policy

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    Companies can take a series of practical steps both before and after closing to gain maximum advantage from the recently announced U.S. Department of Justice merger and acquisition safe harbor policy and minimize enforcement risk, say Jonny Frank and Jeremy Hirsch at StoneTurn.

  • Get Ready For Calif.'s Expanded Restrictive Covenant Ban

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    California recently passed the second of two new laws that together largely prohibit restrictive covenants, even for certain out-of-state employers — and since there's not much time before the statutes become effective, now is the time for companies to revisit how their confidential information will be protected, says Russell Beck at Beck Reed.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Avoiding Bribery, Corruption And Sanctions Risks In Int'l M&A

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    Given the evolving merger and acquisition landscape — as evidenced by the Justice Department’s recently announced safe harbor policy — acquirers conducting international transactions must build bribery, anti-corruption and sanctions risk considerations squarely into their due diligence processes, say Brian Markley and Jennifer Potts at Cahill Gordon.

  • What To Watch As The FCC Leans Into National Security

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    Information and communications technology and services operators and investors should keep a close eye on the Federal Communications Commission's increasing activity in national security matters, which could slow transactions and subject providers to additional oversight, say David Plotinsky and Patricia Cave at Morgan Lewis.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • FTC, DOL Collab Marks New Labor Market Enforcement Era

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    The Federal Trade Commission and the U.S. Department of Labor’s recent agreement to share information and coordinate investigations, coupled with new premerger rules and merger guidelines, underscores the paradigm shift underway to use the full authority of administrative agencies for worker protection, say Jeetander Dulani and Bill Kearney at Stinson.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

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