Competition

Rebuttal

ABA Is Defending Profession's Values From Monied Influences

A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.

Antitrust Road Map To Vertical Integration Of Latest Car Tech

Automakers and manufacturers joining the newly active vertical integration of electric and autonomous car technology should prepare for antitrust inquiry, with analysis including documentation of a pro-competitive narrative, say Amanda Wait and Timothy Chung at Norton Rose.

How In-House Counsel Can Better Manage Litigation Exposure

In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.

Key Employer Takeaways From DOJ's Poultry Antitrust Case

The U.S. Department of Justice’s settlement with three major U.S. poultry processors for allegedly conspiring to fix employee wages and benefits may signal an uptick in antitrust violation investigations and serves as a reminder to companies of the risks they face when managing employee personal data, say attorneys at Akin Gump.

Practical E-Discovery Lessons From The Alex Jones Case

The accidental disclosure of mobile phone data during the Alex Jones defamation damages trial underlines the importance of having in place a repeatable e-discovery process that includes specific steps to prevent production of data that may be privileged, sensitive or damaging to the case, say Mike Gaudet and Richard Chung at J.S. Held.

FTC Challenge to Meta VR Deal Could Restrict Tech M&A

The Federal Trade Commission faces notable risks in bringing its recent suit to prevent Meta's proposed acquisition of virtual reality fitness app maker Within Unlimited, and — if victorious — it could have a chilling effect on Big Tech M&A; activity going forward by constraining the decisions of larger established incumbents, say attorneys at Fenwick.

Tracking The Global Move Toward Tighter Mergers Scrutiny

The recent merger control case of Vivendi and Lagardère in France is indicative of a global trend of competition authorities applying stricter standards to concentrations and pursuing an increasingly aggressive enforcement agenda, particularly in the media sector, says Jérémie Marthan at White & Case.

The Ethical Risks For Lawyers Accepting Payments In Crypto

Ohio recently became the fifth jurisdiction to provide attorneys guidance on accepting cryptocurrency as payment or holding cryptocurrency in escrow, but lawyers should beware the ethics rules such payments may implicate, and consider three practical steps to minimize the risks, say Hilary Gerzhoy and Jared Marx at HWG.

Envisioning Metaverse-Based Litigation In The Real World

Attorneys should entertain the possibility of the metaverse becoming a matter of interest in real-world courts by considering what could cause actions outside the virtual world and digital forensics hurdles to be cleared in demonstrating the offense, identifying the culpable parties and collecting damages, say consultants at Keystone Strategy.

How To Negotiate Outsourcing Deals That Reduce Costs

Legal practitioners can utilize 10 practice tips to help clients negotiate outsourcing deals that make the most of the recent technological advances that have allowed suppliers to improve functionality, says Brad Peterson at Mayer Brown.

Poultry Sector Wage-Fixing Case Shows Info Exchange Risks

The nearly $85 million settlement of a U.S. Department of Justice case accusing Cargill and other poultry processors of conspiring to suppress worker pay should prod employers and trade groups to scrutinize all exchanges of potentially competitive sensitive information for compliance with labor market antitrust rules, say attorneys at Mintz.

Opinion

ABA Stance On Role Of Nonlawyers Is Too Black And White

The American Bar Association's recent resolution affirming its long-standing opposition to nonlawyers owning law practices or receiving shares of legal fees overstates the ethical, professional and regulatory challenges — and ignores the potential benefits — of allowing nonlawyers greater participation in the legal industry, say Peter Jarvis and Trisha Rich at Holland & Knight.

Harnessing The Power Of Big Data In Litigation

The growth in the volume, scope and utility of available data — with vendors tracking and selling data, and government releasing large data sets — requires consideration of new data analysis approaches and technological tools that can help provide objective insights in litigation matters, answer key liability and damages questions, and support critical discovery efforts, say analysts at Bates White.

How Law Firm Operations Can Adjust To New COVID Realities

Given that COVID-19 may be here to stay, law firms must once again rethink their office policies and culture to adapt to new trends and the permanent lifestyle changes that many attorneys and employees have made, say Kami Quinn and Adam Farra at Gilbert.

9th Circ. Class Cert. Move Illustrates Individual Claim Issues

The Ninth Circuit's recent class certification decision in Bowerman v. Field Asset Services illustrates the challenges presented when a defendant argues that not all putative class members have been injured or that damages must be determined on a claimant-by-claimant basis, says Robert Fuller at Robinson Bradshaw.