Popular, Sherman Act, Corporate Counsel

Artificial Intelligence Litigation Roundup: The First Wave

Mogin Law LLP on 7/18/2025

It both rivals and compounds the transformation brought to us by advancements in computing technology, mobile technology, and the internet. The rapid evolution and commercialization of artificial intelligence (AI) tools has...more

The Texas v. Blackrock ESG Case: The FTC and DOJ Have Entered the Chat

Axinn, Veltrop & Harkrider LLP on 5/29/2025

On May 22nd, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) filed a joint Statement of Interest in a case against several prominent asset managers brought last year by the Texas Attorney General. In...more

DOJ Statement of Interest States Information Sharing Among Competitors Warrants Closer Scrutiny

Morgan Lewis on 10/21/2024

The US Department of Justice Antitrust Division (DOJ) recently filed a Statement of Interest (Statement) to highlight its view that (1) information sharing alone, without any agreement to fix prices, can violate US antitrust...more

Algorithmic Prices and Industry Data Reporting Under the Antitrust Microscope

Troutman Pepper Locke on 6/14/2024

Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the...more

Quarterly Cartel Catch-Up: What to Watch in 2024

Morrison & Foerster LLP on 1/11/2024

The year 2023 ended with a bang in the cartel space, with a federal court of appeals upending what was long believed to be the scope of conduct that should be considered per se under the Sherman Act. The new year, 2024,...more

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel - Q1 2022

Morrison & Foerster LLP on 5/10/2022

Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more

June 2021: The Top 19 Labor And Employment Law Stories

Fisher Phillips on 7/7/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

DOJ Antitrust Case Against Google Draws Allusions to Landmark Microsoft and Standard Oil Cases

BakerHostetler on 10/23/2020

On October 20, 2020, the Department of Justice (“DOJ”) and 11 state attorneys general filed an antitrust complaint against Google, alleging Google violated Section 2 of the Sherman Act by unlawfully maintaining monopolies in...more

Lessons From the Complaint Against Uber’s Former Chief Security Officer

Knobbe Martens on 9/16/2020

On August 20, 2020, former Uber Chief Security Officer Joe Sullivan was charged with obstruction of justice and misprision of a felony for knowingly concealing a hack of Uber in 2016. Based on Sullivan’s complaint,...more

Top 10 Developments and Headlines in Trade Secret, Non-Compete, and Computer Fraud Law for 2019 & 2020

Seyfarth Shaw LLP on 2/27/2020

Continuing our annual tradition, we have compiled our top developments and headlines for 2019 & 2020 in trade secret, non-compete, and computer fraud law. Here’s what you need to know to keep abreast of the ever-changing law...more

Alert: Antitrust Trends in 2019: Enforcement Watch List for the Year to Come

Cooley LLP on 1/10/2019

As 2019 kicks off, the Cooley antitrust group highlights 10 recent developments and trends corporate counsel should be aware of – from the US Supreme Court and lower courts, the Department of Justice and Federal Trade...more

Even Minority Interest in a Competitor Could Violate Antitrust Laws

Faegre Drinker Biddle & Reath LLP on 5/22/2018

Companies and shareholders contemplating mergers or acquisitions must consider all potential anticompetitive implications of a deal, including the competitive effects of minority shareholder interests. The Federal Trade...more

2016 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati on 1/4/2017

Wilson Sonsini Goodrich & Rosati is pleased to present its 2016 Antitrust Year in Review. In this report, we summarize the most significant antitrust matters and developments of the past year. We begin with a look at the...more

DOJ and FTC Set Possible Criminal Liability Trap for HR Professionals

Orrick - Employment Law and Litigation on 10/25/2016

In an October surprise, the DOJ and FTC (collectively, the “Agencies”) released guidance for HR professionals on the application of the antitrust laws to employee hiring and compensation. The Agencies’ October 20, 2016...more

Court Awards $3M Sanction and Adverse Inference for Spoliation in Antitrust Case

Orrick, Herrington & Sutcliffe LLP on 7/27/2016

On July 6, 2016, Judge Leonard P. Stark, of the federal district court in Delaware, ordered a $3 million punitive monetary sanction, and an adverse inference jury instruction, against antitrust defendant Plantronics after...more

Microsoft Antitrust Suit Against InterDigital Stands, Judge Says

McDermott Will & Emery on 4/19/2016

On April 13, 2016, the US District Court for the District of Delaware denied InterDigital’s motion to dismiss an antitrust suit filed by Microsoft (Microsoft Mobile, Inc. v. InterDigital, Inc., Case No. 15-cv-723-RGA). In...more

Caught Between a Rock and a Hard Place: The Second Circuit to Decide Appeal From Cartel Defendants Who Argued Compliance With...

BakerHostetler on 3/29/2016

On January 28, 2016, the United States Court of Appeals for the Second Circuit heard arguments on whether the doctrines of act of state, foreign sovereign compulsion, and international comity required the reversal of a jury’s...more

Publishers close the book on one e-books case; Supreme Court decides whether to reopen another

Patterson Belknap Webb & Tyler LLP on 2/11/2016

We will soon know whether the Supreme Court will grant Apple’s cert petition asking the Court to review and reverse its antitrust violation for conspiring with publishers to fix the prices of e-books. The Court will consider...more

Are the Patent Trolls Vulnerable to Antitrust Claims?

BakerHostetler on 2/1/2016

We previously wrote about the nascent efforts of legislators, regulators, and representatives of technology-dependent industries to use the antitrust laws, such as Section 2 of the Sherman Act or Section 7 of the Clayton...more

The World in US Courts - Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities:...

Orrick, Herrington & Sutcliffe LLP on 9/5/2015

We are pleased to announce the Summer 2015 issue of The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law To Global Business and Cross-Border Activities. This issue discusses 13 new decisions that...more

DOJ Investigation into Generic Pharmaceutical Pricing Signals Potential Criminal Exposure

Wilson Sonsini Goodrich & Rosati on 11/13/2014

The United States Department of Justice Antitrust Division (DOJ) recently served two U.S.-based generic pharmaceutical manufacturers with criminal grand jury subpoenas. It is reported that the subpoenas request all...more

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