Science, Computers & Technology Antitrust & Trade Regulation Civil Procedure

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

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

District Court Refuses to Enjoin State From Pursuing Claims That Fell Within Terms of Prior Class Settlement Agreement and Release

The court in In re Flonase Antitrust Litigation, No. 08-3301, 2015 WL 9273274 (E.D. Pa. Dec. 21, 2015) recently held that it could not enjoin the state of Louisiana from pursuing claims that, on their face, fell within the...more

Drug Testing Company Settles FTC Case Alleging Invitation to Collude

The FTC has entered into a final settlement with Drug Testing Compliance Group LLC (DTC Group) by order issued January 21, 2016, resolving an administrative case that alleged DTC Group had invited a competitor to collude with...more

DOJ Acknowledges in Proposed Jury Instructions That Dissemination of Truthful and Non-Misleading Off-Label Use Information Is Not...

For years, the U.S. Food and Drug Administration (FDA) has taken the position that a medical device (or drug) manufacturer that promotes an FDA-approved device (or drug) for an unapproved use violates the Federal Food, Drug,...more

General Court of the EU Upholds Cartel Fines of €131 Million Imposed on Toshiba and Mitsubishi Electric, Dismisses Arguments Based...

By two judgments of January 19, 2015 (Case T-404/12 Toshiba v. Commission and Case T-409/12 Mitsubishi Electric v. Commission), the General Court of the European Union (GCEU) upheld the fines of €131 million imposed by the...more

Texas Medical Board Appeals Immunity Ruling

In a notice of appeal filed on January 8, 2016, the Texas Medical Board appealed the Western District of Texas’s ruling that the Texas Medical Board was not entitled to state action immunity in an antitrust suit involving...more

Defendants Summary Judgment Motion in In re Cathode Ray Tube Antitrust Litigation May Illuminate Policy Justifications Behind...

Earlier this month, defendants in the In re Cathode Ray Tube Antitrust Litigation moved to challenge the standing of major retailers to pursue damages claims under the Supreme Court’s 1977 Illinois Brick decision. LG...more

More on Patent Settlements Including Litigation at the European Courts

Last week I posted on the European Commission’s (EC) latest report into patent settlement agreements between originator and generic companies in the European Union (EU). The EC says each time it produces these reports that...more

FTC and Wyndham Settle Suit Regarding Wyndham's Alleged Cybersecurity Failures

On December 9, 2015, the Federal Trade Commission (the "FTC") and Wyndham Worldwide Corporation (and three additional Wyndham entities, collectively, "Wyndham") filed a stipulated order ("Stipulated Order") settling their...more

FTC Report Tallies Hatch-Waxman Settlements in First Full Year After Actavis

On January 13, 2016, the Federal Trade Commission (FTC or the Commission) released an overview of the pharmaceutical patent settlements filed with the Commission in Fiscal Year 2014 (October 1, 2013 – September 30, 2014). The...more

In re Capacitors Antitrust Class Action Update: Claims Slightly Narrowed, Parties Continue Discovery

When we last wrote in June 2015 about In re Capacitors Antitrust Litig., No. 14-03264-JD, consolidated putative class actions pending before Judge James Donato in the Northern District of California, the plaintiffs had just...more

Quest Defeats Claims that It Conspired with Health Insurers

On November 25, District Court Judge William Orrick (N.D. Cal.) dismissed all claims in Eastman v. Quest Diagnostics, finding that the plaintiffs, a class of Northern California consumers who had utilized Quest's services,...more

LifeLock to Pay $100 Million to Settle Charges it Violated 2010 Court Order

The Federal Trade Commission (FTC) recently approved a $100 million settlement with LifeLock, Inc. to resolve allegations that it violated a 2010 federal court order by failing to take steps required to protect its users’...more

Second Bite at the Apple in AT&T Aftermarket Case?

On December 14, 2015 Judge Yvonne Gonzalez Rogers heard oral argument on a motion to dismiss filed by Apple in an antitrust action brought against the company in connection with its 2007 deal to sell iPhones exclusively to...more

FTC Announces Record Settlement with Identity Theft Protection Company over Alleged Failures to Adhere to a 2010 Court Order

On December 17, the FTC announced a $100 million settlement with an Arizona-based identity theft protection company for violating the terms of a prior federal court order. In 2010, the District Court of Arizona prohibited the...more

The FTC Strikes Back: LifeLock, Inc. Agrees to $100 Million Payout

On December 17, 2015, the Federal Trade Commission (FTC) announced a $100 million settlement with LifeLock, Inc., to resolve litigation with the FTC and a national class of consumers relating to LifeLock’s marketing...more

Second Circuit tells pharmacies the antitrust claims they cooked up need more than a little Morton Salt

Cash & Henderson Drugs, Inc. v. Johnson & Johnson, recently decided by the Second Circuit, concerns Robinson-Patman Act claims that retail pharmacies brought against pharmaceutical manufacturers. The retail pharmacies alleged...more

Antitrust Suit Continues to Stymie New Texas Telemedicine Regulation

A federal district court denied the Texas Medical Board’s (the Board) motion to dismiss an antitrust suit filed by a telemedicine company (Teladoc), finding that the Board is not entitled to state action immunity because its...more

Texas Telemedicine Provider Survives Another Round

Teledoc, a telehealth services provider looking to do business in Texas, continued its winning streak in Texas federal court: on Monday, a judge rejected the Texas Medical Board’s motion to dismiss Teledoc’s antitrust...more

FTC and Wyndham Settle Data Security Allegations

On December 9, 2015, the Federal Trade Commission announced that Wyndham Worldwide Corp., Wyndham Hotel Group LLC, Wyndham Hotels and Resorts, LLC, and Wyndham Hotel Management, Inc. (“Wyndham”) had agreed to settle FTC...more

LabMD sues FTC lawyers and FTC appeals decision

We previously reported that LabMD had a big victory in the case filed against it by the Federal Trade Commission (FTC). There was speculation as to whether or not the FTC would appeal the decision....more

Microsoft Defeats Wage Suppression Class Action On Statute Of Limitations Grounds

Two former employees sued Microsoft Corporation (“Microsoft”) in a class action, alleging that it unlawfully suppressed their wages by entering into multiple employee non-solicitation agreements with its competitors. The case...more

Wyndham Ruling Reinforces FTC's Role in Cybersecurity Regulation

In Federal Trade Commission v. Wyndham Worldwide Corporation, the United States Court of Appeals for the Third Circuit held that the Federal Trade Commission (FTC) has authority to regulate cybersecurity under 15 U.S.C. §...more

FTC Loses in LabMD Data Security Case: ALJ Sets High Bar for Consumer Harm

On November 13, 2015, an administrative law judge (“ALJ”) ruled against the Federal Trade Commission (“FTC”) in its high-profile data security case against LabMD. The ALJ ruled that the FTC had failed to show that LabMD’s...more

Blog: FTC Enforcement Powers Limited in LabMD Data Security Case

Federal Trade Commission ("FTC") charges against the cancer-screening laboratory LabMD, stemming from two data breaches involving sensitive personal information of thousands of consumers were dismissed in a decision made...more

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