A California federal judge presiding over a high-stakes antitrust hearing over Apple's compliance with a court-ordered ban on App Store anti-steering rules ordered a company executive Thursday to hand over all of his communications and notes on Apple's decision to impose a new 27% fee after her injunction.
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TOP NEWS

Apple Exec Must Produce All Docs On 27% App Fee Decision

By Dorothy Atkins

A California federal judge presiding over a high-stakes antitrust hearing over Apple's compliance with a court-ordered ban on App Store anti-steering rules ordered a company executive Thursday to hand over all of his communications and notes on Apple's decision to impose a new 27% fee after her injunction.

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$2B Default Recommended For Making Fair Trial 'Impossible'

By Bryan Koenig

Years of lies should put a pair of Chinese electronics companies on the hook for over $2 billion in default judgment, a special master told a California federal judge, adding that their yearslong no-show and disregard of U.S. counsel advice to retain documents have rendered a fair trial "impossible."

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2nd Circ. Backs Win For Big Banks In Forex-Rigging Suit

By Elliot Weld

The Second Circuit on Thursday backed a ruling in favor of a group of large banks accused of conspiring to manipulate the foreign currency exchange market in euros and dollars, agreeing with a lower court that the plaintiffs hadn't made qualifying transactions or shown how prices were distorted.

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$5.5M Apotex Generic Drug Price-Fixing Deal Gets Initial OK

By Jared Foretek

A Pennsylvania federal judge gave preliminary approval to yet another settlement in the sweeping generic drug price-fixing multidistrict litigation, this time signing off on pharmaceutical company Apotex's $5.5 million settlement with clinics, hospitals and independent pharmacies.

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Klobuchar Reintroduces Sweeping Antitrust Reform Bill

By Lauren Berg

Sen. Amy Klobuchar, D-Minn., reintroduced sweeping legislation Thursday aimed at restoring competition by strengthening antitrust laws to help enforcers better deal with harmful conduct and mergers, garnering support from the American Antitrust Institute, Consumer Reports and others.

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Q&A

Top Linklaters Attys See PE Rebound In Run-Up To Elections

By Al Barbarino

After a subtle uptick in private equity deal values in the first quarter, the global chair of Linklaters LLP's corporate department in New York, George Casey, and one of its top PE dealmakers in London, Alex Woodward, believe the pace of transactions is picking up and the market is primed for a comeback.

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POLICY & REGULATION

FTC Deputy Director Rao On Healthcare Antitrust Agenda

By Yeji Jesse Lee

The reason behind the Federal Trade Commission's changed attitude toward antitrust in healthcare in recent years isn't simple, according to Rahul Rao, deputy director of the FTC's Bureau of Competition.

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MERGER REVIEW

FTC Can't Make Albertsons, Kroger Produce Divestiture Docs

By Ali Sullivan

An administrative law judge on Thursday denied the Federal Trade Commission's "premature" bid to compel Kroger and Albertsons to fork over documents related to negotiations for the companies' expanded divestiture plan amid the commission's in-house challenge to the grocers' merger.

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V&E Guides Crescent Energy On $2.1B SilverBow Buy

By Al Barbarino

Vinson & Elkins LLP is guiding Crescent Energy Co. on a new agreement to purchase Gibson Dunn & Crutcher LLP-led SilverBow Resources Inc. in a transaction valued at $2.1 billion, the Houston-based energy companies said Thursday.

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Siemens Selling Innomotics Unit To PE Firm KPS In $3.8B Deal

By Al Barbarino

German tech conglomerate Siemens AG said Thursday it has agreed to sell its Innomotics large motors and drives unit to New York City-based private equity firm KPS Capital Partners at an enterprise value of €3.5 billion, or roughly $3.8 billion. 

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Deals Rumor Mill: Shein IPO, Kraft Heinz, Cinven-Jaggaer

By Tom Zanki

Online fashion giant Shein is shifting IPO plans from the U.S. to London amid resistance from U.S. lawmakers and Chinese regulators, Kraft Heinz wants to sell its Oscar Mayer business, and private equity firm Cinven hopes to divest software firm Jaggaer for $3 billion. Here, Law360 breaks down these and other notable deal rumors from the past week.

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INTERNATIONAL

CMA Deepens Probe Of Planned DJ Equipment Merger

By Dawood Fakhir

The U.K.'s antitrust regulator said Thursday that it will launch a deeper, second phase of investigation into DJ equipment maker AlphaTheta's proposed acquisition of audio technology company Serato after the companies did not address its competition concerns.

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LITIGATION

Gilead, Teva Want 17 HIV Drug Antitrust Appeals Consolidated

By Matthew Perlman

Gilead Sciences Inc. and Teva Pharmaceuticals are asking the Ninth Circuit to consolidate 17 appeals contesting their win in a case alleging they delayed generic versions of HIV medications, saying the three groups of buyers are raising largely the same issues but refuse to commit to combining their briefs.

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11th Circ. Tries To Untangle Aftermath Of Judge's Early Exit

By Ivan Moreno

An Eleventh Circuit panel on Thursday quizzed attorneys for rival breeders of disease-resistant shrimp about whether a $10 million trade-secrets jury verdict should be overturned after a federal magistrate judge presided over the trial's ending because a federal district judge had to catch a flight, with one of the panel judges saying the parties had been put "in a very difficult position."

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US Soccer Hopes To Bounce Antitrust Lawsuit Absent FIFA

By Elaine Briseño

U.S. Soccer is once again attempting to quash an antitrust lawsuit filed by an event promoter, but this time with a letter questioning whether settlement talks the judge recently ordered are worth the money and effort it would have to expend.

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Nantucket Accused Of Biased Car-Rental Licensing

By Elliot Weld

A Nantucket couple has sued the island town's government in Massachusetts federal court, alleging it enforced an illegal and racially biased bylaw enacted 27 years ago to shut down their car rental business.

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3rd Circ. Shuns Teva's 'Novel' Appeal On Israeli Investor Class

By Jessica Corso

The Third Circuit on Thursday turned away an appeal brought by Teva Pharmaceutical Industries Ltd., saying the class certification stage was not the right time to hear arguments over the "novel" question of the applicability of U.S. securities laws to Israeli-listed shares.

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NJ Judge Scrutinizes J&J Unit's Libel Claim Over Talc Study

By George Woolston

A bankrupt Johnson & Johnson unit's libel claims over a scientific article linking talcum powder to mesothelioma intrigued a New Jersey federal judge during an oral argument on Thursday, prompting her to muse that the author's consideration of other exposures seemed to bolster the study at issue.

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EXPERT ANALYSIS

FTC Noncompete Rule's Impact On Healthcare Nonprofits

Healthcare entities that are nonprofit or tax-exempt and thus outside of the pending Federal Trade Commission noncompete rule's reach should evaluate a number of potential risk factors and impacts, starting by assessing their own status, say Ben Shook and Tania Archer at Moore & Van Allen.

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Lessons On Challenging Class Plaintiffs' Expert Testimony

In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.

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Exploring An Alternative Model Of Litigation Finance

A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

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LEGAL INDUSTRY

BCLP Sues St. Louis Over City Taxes On Partners' Income

By Kevin Penton

Bryan Cave Leighton Paisner LLP is suing St. Louis, Missouri, after the Midwestern city accused the firm of being delinquent on nearly $275,000 in earnings taxes, contending the municipality unlawfully taxed partners who don't live in the city, according to its court filing.

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Calif. Bar Halts Plans To Develop New Bar Exam

By Ryan Boysen

The State Bar of California has shelved a plan to develop its own online bar exam, a shift that could save the cash-strapped organization up to $4 million per year, but drew opposition from law school deans concerned about its ambitious rollout timeline.

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'That Is A Lie!' Trump Atty Assails Cohen In Fraud Trial Cross

By Frank G. Runyeon and Stewart Bishop

Donald Trump's lawyer lashed out at central prosecution witness Michael Cohen on Thursday during a second day of cross-examination in New York state's criminal fraud case, attacking his credibility and key testimony linking Trump to crimes.

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Coverage Recap: Day 14 Of Trump's NY Hush Money Trial

By Stewart Bishop

Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from Thursday, day 14 of the trial.

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Analysis

Thomas, Alito: Two Originalists, Two Takes On CFPB Case

By Katie Buehler

U.S. Supreme Court Justices Clarence Thomas and Samuel Alito — often birds of a feather — butted heads Thursday over the original meaning and purpose of the U.S. Constitution's appropriations clause in a decision upholding the Consumer Financial Protection Bureau's unique funding scheme, highlighting what experts describe as the pair's different approaches to originalism.

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Democrats Prod Justice Thomas on RV Loan, Tax Treatment

By Anna Scott Farrell

Two Senate Democrats have asked U.S. Supreme Court Justice Clarence Thomas' attorney to respond to what they called a failure to answer their questions about the justice's $267,000 loan from a healthcare industry executive to finance a luxury recreational vehicle, saying the loan treatment could have violated federal tax laws.

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Investigate Pro-Gaza Reddit Post, GOP Pols Tell USPTO

By Andrew Karpan

An anonymous Reddit post purportedly from a patent examiner confessing "mixed feelings" about issuing a patent to an Israeli defense contractor, citing the country's ongoing bombardment of Gaza, has attracted the attention of Republicans in Congress and the director of the U.S. Patent and Trademark Office herself.

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Senate Confirms South Dakota State Judge To Federal Bench

By Courtney Bublé

The Senate voted 90-4 on Thursday to confirm Judge Camela C. Theeler to the District of South Dakota.

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Menendez Bribery Case Criminalizes Gifts, Jury Told

By Carla Baranauckas

Prosecutors are trying to criminalize friendship, gifts and advocacy, the counsel for one of U.S. Sen. Robert Menendez's co-defendants said Thursday in an opening statement in the corruption trial in Manhattan federal court.

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Judge Calls Out 'Cancel Culture' In Prof's Suit Against Penn

By P.J. D'Annunzio

A Pennsylvania federal judge said University of Pennsylvania leaders embraced "cancel culture" when they chastised an anthropology professor for handling remains from the 1985 MOVE house bombing in Philadelphia, allowing the professor's defamation case against the school to move forward.

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Roche Freedman Gets Split Ruling On Witnesses In Atty's Suit

By Andrea Keckley

A New York federal judge has issued a split decision on witness testimony in a dispute over the litigation boutique formerly called Roche Freedman.

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6th Circ. Still Won't Rethink Sanctions Against Trump Attys

By Henrik Nilsson

The Sixth Circuit on Thursday once again denied a bid from former Trump campaign lawyer Sidney Powell and other attorneys to reconsider sanctions issued against them after they challenged the 2020 presidential election results in Michigan, holding that the attorneys must seek permission for future filings given their history of "meritless motions."

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LAW FIRMS IN TODAY'S NEWS

Alioto Law Firm

Archer & Greiner

Arnold & Porter

Baker Botts

Berke Farah

Berry Silberberg

Boies Schiller

Bryan Cave

Cotchett Pitre

Covington & Burling

Cravath Swaine

Crowell & Moring

Cuneo Gilbert

Davenport Evans

Davis Polk

Debevoise & Plimpton

Dechert LLP

Faruqi & Faruqi

Fink Bressack

Foley & Lardner

Freedman Normand

Freshfields

Fried Frank

Gibbons PC

Gibson Dunn

Gleiss Lutz

Goodwin Procter

Hagens Berman

Hilliard & Shadowen

Holland & Knight

Irell & Manella

Jones Day

Kasowitz Benson

Kellogg Hansen

King & Spalding

Kirkland & Ellis

Latham & Watkins

Law Offices of Lucas Newbill

Linklaters LLP

Locke Lord

Lynn Jackson Shultz & Lebrun

Marino Tortorella

McDermott Will & Emery

Moore & Van Allen

Morgan Lewis

Morgan Theeler

NechelesLaw

Obermayer Rebmann

Patterson Belknap

Paul Hastings

Paul Weiss

Pierson Ferdinand LLP

Pillsbury Winthrop

Reed Smith

Richards Layton

Saveri & Saveri

Schertler Onorato

Shearman & Sterling

Simon & Simon PC

Skadden Arps

Spector Gadon

Sullivan & Cromwell

The Law Firm of Cesar de Castro

Trump Alioto

Vinson & Elkins

Weil Gotshal

WilmerHale

Winston & Strawn

Zelle LLP

COMPANIES IN TODAY'S NEWS

Albertsons Cos. Inc.

Align Technology Inc.

Alphabet Inc.

American Antitrust Institute

American Society of Anesthesiologists

Amgen Inc.

Apple Inc.

Atlantia SpA

Atlantic Global Insurance Services

Ava Labs Inc.

Avet Pharmaceuticals Inc.

Bain & Co. Inc.

Bank of America Corp.

Biogen Inc.

Bloomberg

Breckenridge Pharmaceutical Inc.

C&S Wholesale Grocers

CVS Health Corp.

Centerview Partners Holdings LP

Chesapeake Energy Corp.

Cinven Ltd.

Citigroup Inc.

Comcast Corp.

Community Financial Corp.

Costco Wholesale Corp.

Crescent Energy Co.

EQT Corp.

Epic Games Inc.

Ernst & Young LLP

Federation Internationale de Football Association

Gilead Sciences Inc.

Google LLC

HSBC Holdings PLC

Horizon Therapeutics PLC

HubSpot Inc.

International Business Machines Corp.

Intesa Sanpaolo SpA

Johnson & Johnson

KPS Capital Partners LP

LG Electronics Inc.

Lazard Ltd.

London Stock Exchange Group PLC

Mercedes-Benz USA LLC

Meta Platforms Inc.

Microsoft Corp.

Moelis & Co.

Morgan Stanley

National Australia Bank Ltd.

National Retail Federation Inc.

Oracle Corp.

Reddit Inc.

Regeneron Pharmaceuticals Inc.

Rite Aid Corp.

Ryan LLC

S&P Global Inc.

Salesforce.com Inc.

Sanofi

Seattle University

Siemens AG

Standard Chartered PLC

State Bar of California

Sun Pharmaceutical Industries Ltd.

T-Mobile US Inc.

Teva Pharmaceutical Industries Ltd.

The Carlyle Group Inc.

The Goldman Sachs Group Inc.

The Kraft Heinz Co.

The Kroger Co.

The New York Times Co.

The Royal Bank of Scotland Group PLC

Trump Organization Inc.

UBS Group AG

UniCredit

United States Soccer Federation Inc.

UnitedHealth Group Inc.

Verizon Communications Inc.

Waystar Inc.

Wells Fargo & Co.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Competition and Markets Authority

Consumer Financial Protection Bureau

European Commission

Federal Bureau of Investigation

Federal Reserve System

Federal Trade Commission

Food and Drug Administration

Manhattan District Attorney's Office

U.S. Attorney's Office for the District of New Hampshire

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Justice

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of New York

U.S. Patent and Trademark Office

U.S. Postal Service

U.S. Supreme Court