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Firm Partners with ACLU of MA in Lawsuit Against the President’s Travel Ban

February 7, 2017 | | By Susan Finegan, Susan Cohen, Elizabeth Burnett, Michael Gardener, Peter Biagetti

We are currently serving as co-counsel with the ACLU of Massachusetts, the Massachusetts Attorney General’s office, and others in a lawsuit against the president’s executive order curbing immigration by refugees and others traveling from seven majority Muslim countries.
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Antitrust Agencies Impose Three HSR Penalties Totaling $1.5 Million in Two Days

January 23, 2017 | Alert | By Robert Kidwell, Farrah Short

The federal antitrust agencies have opened the New Year with vigorous enforcement of the Hart Scott Rodino Antitrust Improvements Act of 1976 (“HSR Act”) by imposing several fines totaling $1.5 million. On January 17, 2017, the Federal Trade Commission (“FTC”) settled allegations in two separate matters.
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FTC Announces Annual Revision to HSR Jurisdictional Thresholds

January 20, 2017 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short

The Federal Trade Commission (FTC) announced on January 19, 2017 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act).
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Drafting an arbitration clause for your agreement is a straightforward matter most of the time. Sometimes it can be as simple as incorporating by reference an arbitration provision in another document or agreement. Easy peasy. Or is it?
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Estee Lauder Decision Highlights Waiver Argument’s Challenges

October 25, 2016 | Alert | By Heidi Lawson

Policyholders often seek to challenge an insurer’s denial of coverage on the grounds that the insurer waived a defense relied upon to deny coverage.
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The Federal Trade Commission (the “FTC” or “Commission”) has made its preference known for structural, rather than conduct, remedies when attempting to craft consent solutions in reviewing antitrust provocative mergers.
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On September 23, 2016, the United States Court of Appeals for the First Circuit concluded that, “for now, at least, the long war over Long Wharf is at an end.”
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Last week, in In re Vitamin C Antitrust Litigation, the US Court of Appeals for the Second Circuit (“Second Circuit”) vacated a $147 million jury award against Chinese vitamin C sellers Hebei Welcome Pharmaceutical Co. and North China Pharmaceutical Group Corp. (“Defendants”) for price fixing and supply manipulation, ordinarily violations of US antitrust laws.
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Developers Who Elect Not to Pay Comprehensive Permit Fees in Full Proceed at Their Peril

September 19, 2016 | Alert | By Nicholas Cramb, Joel Rothman, Allan Caggiano

The Massachusetts Appeals Court issued an opinion on August 29, 2016, that has significant ramifications for developers seeking Comprehensive Permits for affordable housing projects under chapter 40B of the Massachusetts General Laws (“Chapter 40B”).
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As stakeholders and watchers of the expansive field of regenerative medicine likely are aware, earlier this year a study published in the peer-reviewed journal Cell Stem Cell reported on the growth of so-called stem cell clinics operating in the U.S.
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The Third Circuit reminds, “[i]n antitrust suits, definitions matter.” Last week, in applying that maxim, the court affirmed a lower court’s dismissal of a suit filed by a hospital against a competing hospital and physician group, in which the plaintiff hospital alleged that defendants engaged in an illegal exclusive dealing arrangement by referring patients to a third hospital rather than to the plaintiff hospital.
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Last week, in In re Aluminum Warehousing Antitrust Litigation, the US Court of Appeals for the Second Circuit (“Second Circuit”) rejected a claim by certain downstream end-users of aluminum that their price manipulation antitrust suit should be allowed to proceed.
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What Have Merchants Gained from Payment Card Antitrust Litigation?

August 3, 2016 | Advisory | By Bruce Sokler, Robert Kidwell, Farrah Short

In recent years, federal antitrust enforcers and businesses that accept payment cards have been waging a slow war against payment card fees and the card network rules that protect them. The payment card industry’s antitrust battles are nothing new, dating back to antitrust lawsuits against the predecessor to Visa in the early 1970s.
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Activist Investor to Pay Record Fine for Violating HSR Reporting Requirements

July 14, 2016 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short

The Department of Justice (“DOJ”) announced this week that an activist investment manager has agreed to pay a record $11 million to settle allegations that it violated the requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act” or “Act”) by improperly relying on the “investment-only” exemption to avoid reporting the transaction and observing the appropriate waiting period.
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A popular weapon used to contain health care expenditures is the creation by payors and employers of tiered provider networks, which by differentiated co-pays attempt to steer insureds to less expensive choices.  In connection with such networks, providers will often provide better pricing in order to be placed on more favorable tiers.
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Judge takes “the healthcare world as it is, and not as the FTC wishes it to be.”

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The mere possession of monopoly power does not violate federal antitrust laws. The laws only address the anticompetitive acquisition, maintenance, or abuse of that power.
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Court Denies Class Cert. in NCAA Antitrust Suit

April 4, 2016 | Alert | By Bruce Sokler, Farrah Short

The NCAA scored a victory last week with the denial of class certification in an antitrust suit challenging the association’s former ban on multiyear scholarships (the “One Year Rule”) and its cap on scholarships (the “GIA Cap”). Plaintiff had alleged that those rules constituted a concerted effort by the NCAA and its member schools to thwart competition.
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Sixth Circuit Finds Possibility of Conspiracy Among Hospital Network Members

March 25, 2016 | Alert | By Bruce Sokler, Farrah Short

The Sixth Circuit on Tuesday voted 2 to 1 to reverse a district court’s grant of summary judgment under which a defendant hospital network had been found to be a single entity incapable of conspiring with itself in an anticompetitive manner under Section 1 of the Sherman Act.
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New Class Action Filed Challenging NCAA’S Scholarship Caps and Transfer Rules

March 9, 2016 | Alert | By Bruce Sokler, Farrah Short

In the latest chapter in the litigation wars against college athletics, on March 8, 2016, another antitrust class action was filed against the NCAA in its “home court,” the United States Southern District of Indiana.
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