Delaware Business Court Insider | News
By Tom McParland | March 13, 2018
A Delaware patent infringement case has erupted into an antitrust dispute, after an India-based generic drugmaker accused Mylan Pharmaceuticals of using its lawsuit to stifle competition for its topical foam acne treatment.
New York Law Journal | Analysis
By Shepard Goldfein and Karen Hoffman Lent | March 12, 2018
Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent write: After the U.S. Supreme Court issued decisions in 2012 and 2015 heightening judicial scrutiny of state action immunity, bipartisan efforts at both the state and federal levels have emerged in an attempt to minimize the potential for misuse of state action immunity, particularly among state professional licensing boards. With the Supreme Court set to hear oral arguments this month in yet another case involving state action immunity, further reform may be on the horizon.
By Joshua Goodman, Associated Press | March 9, 2018
A trust linked to Venezuela's state oil company PDVSA has filed a lawsuit against major international energy trading firms for their alleged role funneling bribes to corrupt company officials in exchange for rigged oil purchase contracts.
By Jenna Greene | March 9, 2018
One, they say, is the loneliest number. It's even lonelier when you're facing treble damages topping $1.7 billion.
By Kristen Rasmussen | March 7, 2018
Health insurer Cigna has announced plans to buy pharmacy benefit manager Express Scripts Holding Co. for $52 billion, the latest tie-up in the health care industry that could be challenged by both the U.S. Department of Justice and Federal Trade Commission, the two agencies charged with antitrust enforcement.
The Legal Intelligencer | Commentary
By Carl W. Hittinger and Tyson Y. Herrold | March 2, 2018
When the Supreme Court scrapped Conley v. Gibson's “no set of facts” federal pleading standard in Twombly (2007) and Iqbal (2009), courts initially struggled to apply the inherently ambiguous “plausibility” standard. In the immediate aftermath, some courts frankly misconstrued Twombly and Iqbal to invite a Daubert-style “gate keeper” appraisal of complaints in which judges could (and should) prune claims that, based on their own personal experience with the subject matter at issue, appeared dubious.
By Sue Reisinger | February 28, 2018
It looks as though general counsel and legal departments may be a little more willing to litigate over blocked mergers than they have been in the past.
Delaware Business Court Insider | News
By Tom McParland | February 26, 2018
The Delaware Court of Chancery on Feb. 23 said AOL Inc.'s $4.4 billion sale to Verizon Communications Inc. overvalued the once-powerful media technology company by more than $1.30 per share, in another blow to holdout shareholders looking to exercise their appraisal rights in Delaware.
By The Associated Press | February 26, 2018
UPS says its proposed acquisition of TNT would have helped consumersand that the company remains "bullish on Europe," which accounts for half of UPS' international revenue.
By Scott Graham | February 26, 2018
Jamie Underwood is the second addition to Latham's ITC practice in the last six months.
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