Howard Morse – Cooley LLP

Antitrust Agencies Release Update to IP Licensing Guidelines for Comment

The Antitrust Division of the Department of Justice (DOJ) and Federal Trade Commission (FTC) are seeking public comment on a proposed update to the agencies' Antitrust Guidelines for the Licensing of Intellectual…more

FTC Finds Failure to Implement Data Security Practices "Unfair"

On July 29, 2016, the Federal Trade Commission (FTC) announced its long-awaited decision in its LabMD enforcement action. The Commissioners reversed the decision of an Administrative Law Judge (ALJ) and held that LabMD engaged…more

Shareholder Activism and HSR Collide: DOJ Obtains Record Fine from ValueAct

Cooley Alert By Jacqueline Grise, Tanisha James, and Howard Morse The Department of Justice Antitrust Division announced on July 12 that ValueAct Capital agreed to pay a record $11 million civil penalty to settle claims that…more

Antitrust Risks in Settling Hatch-Waxman Patent Litigation: Learning Since Actavis

Antitrust Risks in Settling Hatch-Waxman Patent Litigation: Learning Since Actavis By Megan Browdie and Howard Morse [published in the FDLI Update Magazine, March-April 2016] The U.S. Supreme Court waded into the murky…more

FTC Challenges "No AG" Agreement as Illegal Reverse Payment

On March 30 the US Federal Trade Commission filed suit in federal court alleging that settlements of patent litigation in the pharmaceutical industry in which a pioneer firm agrees not to market an "authorized generic" violate…more

Enforcement Against Lord & Taylor Proves FTC Serious About Native Advertising Guidelines

Less than three months after the Federal Trade Commission issued new guidelines on native advertising, the agency announced an enforcement action against national retailer Lord & Taylor. The FTC alleged on March 16, 2016 that…more

Revised 2016 Hart-Scott-Rodino Antitrust Thresholds – Effective February 25, 2016

Filing thresholds under the Hart-Scott-Rodino (HSR) Act will increase by about 2.5%, effective February 25, 2016, raising the level that a transaction’s value must exceed to trigger a filing from $76.3 million to $78.2 million…more

Top 10 Antitrust Developments and Trends to Watch in 2016

By David Burns, Jacqueline Grise, and Howard Morse, Cooley LLP Attention in the US during 2016 will be on the presidential campaign, and the election in November will bring a change in the "antitrust guard" at the top of the…more

Back in the Limelight: Innovation as Antitrust Violation

By Howard Morse and David Burns, Cooley LLP Lawyers may not instinctively think about antitrust risk when their clients introduce new products. After all, innovation—building a better mousetrap—is a central aim of antitrust…more

FTC Enforcement Powers Limited in LabMD Data Security Case

Cooley LLP Alert By Matthew D. Brown, Stephanie Cason, Scott Dailard, Howard Morse and Randy Sabett Federal Trade Commission ("FTC") charges against the cancer-screening laboratory LabMD, stemming from two data breaches…more

Antitrust Enforcers Focus on Technology Mergers

"United States: Technology Mergers" published in the Global Competition Review’s Antitrust Review of the Americas 2016. The pace of strategic deal-making has electrified corporate America over the past year and has kept…more

Third Circuit Upholds the FTC's Data Security Enforcement Authority

Cooley Alert By Matthew D. Brown, Scott Dailard, Bethany Lobo, Howard Morse, Randy Sabett, and Charles Schwab On August 24,, the Third…more

HSR "Investment-Only" Exemption: Lessons from Third Point's Yahoo! Investment

HSR “Investment-Only” Exemption: Lessons from Third Point’s Yahoo! Investment Cooley Alert by Francis Fryscak, Jacqueline Grise, Tanisha James, and Howard Morse While acquisitions of up to 10% of the voting interest in a…more

Proposing a Fix? Ready to Litigate the Fix? Recent Cases Should Guide Strategy

Proposing a Fix? Ready to Litigate the Fix? Recent Cases Should Guide Strategy By Megan Browdie and Howard Morse, Cooley LLP First published in the ABA Antitrust Section M&A Committee newsletter, The Threshold (Aug. 24,…more

Second Circuit Rules that "Product Hopping" May Constitute Unlawful Monopolization; Pharmaceutical Companies are Likely Targets of Future Antitrust Enforcement

Recent antitrust challenges to pharmaceutical companies' efforts to transition patients from drugs nearing the end of their patent life to next-generation drugs have increased the risk of pursuing such "product hopping"…more
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Areas of Practice
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