Duke and UNC Accused of Unlawful “No-Poach” Agreement in Class Action Lawsuit

Duke 'No-Poach' Case

This case on behalf of non-medical faculty follows Lieff Cabraser Heimann & Bernstein LLP’s  successful and similar action against Duke on behalf of medical faculty that led to a $54.5 million settlement in 2019.

May 27, 2020, Durham, North Carolina—(BUSINESSWIRE)— Lieff Cabraser, Edelstein & Payne, and Elliot Morgan Parsonage announce the filing of a class action labor antitrust “no-poach” lawsuit against Duke University on behalf of Lucia Binotti, a Professor at UNC, and a proposed class of non-medical faculty at Duke and UNC, from 2001 through February 5, 2018. [Read more…]

Judge Grants Class Certification in Allergan Antitrust Litigation

Judge Grants Class Certification in Allergan Antitrust Litigation

As reported by Law360 (subscription), a New York federal judge has granted class certification in an antitrust lawsuit wherein Lieff Cabraser and co-counsel represent a group of pharmaceutical purchasers, union benefit plans, and other buyers of Allergan’s blockbuster dry-eye disease drug Restasis. The sweeping litigation accuses the drugmaker of misconduct intended to illegally limit competition from generic drugs to the detriment of patients. [Read more…]

Dean Harvey and Yaman Salahi Co-Author ABA Antitrust Law Section Comments to the FTC Workshop on “Non-Competes in the Workplace: Examining Antitrust and Consumer Protection Issues”

Dean Harvey & Yaman Salahi Non-compete Clauses in Employment Agreements Blog

The American Bar Association Section of Antitrust Law recently submitted comments to the Federal Trade Commission in connection with the January 2020 FTC workshop on “Non-Competes in the Workplace: Examining Antitrust and Consumer Protection Issues.” In section two of the submission, Lieff Cabraser partners Dean M. Harvey and Yaman Salahi provide detailed commentary on the “Impact of Non-compete Clauses in Employment Agreements.” [Read more…]

Judge Allows Workers’ Claims To Proceed In McDonalds “No-Poach” Employee Antitrust Case

Judge Allows Workers’ Claims To Proceed In McDonalds “No-Poach” Employee Antitrust Case MDL

As reported by Law360 (subscription), an Illinois federal judge has denied McDonald’s attempt to dismiss the lawsuit alleging the fast food giant illegally limits employee pay and mobility between its franchises in violation of U.S. antitrust laws. The lawsuit advances claims that McDonald’s practices violated the antitrust laws relating to employment, artificially depressing workers’ wages and restricting their ability to move to other stores within the McDonald’s system, limiting career mobility and advancement. [Read more…]

Lieff Cabraser Announces That Plaintiffs Substantially Defeat Motion to Dismiss California Bail Bonds Antitrust Litigation

Lawsuit Brought by Lieff Cabraser and Public Interest Groups Contends Insurance Companies Conspired to Inflate Bail Bond Premiums

First-of-its-kind class action antitrust case brought by Lieff Cabraser and Justice Catalyst Law, Public Counsel, the National Consumer Law Center, and Towards Justice alleging that insurance companies in California conspired to unlawfully inflate California bail bond premiums will move forward to discovery and trial

On April 13, 2020, Judge Jon S. Tigar of the U.S. District Court for the Northern District of California issued an Order rejecting an argument by 28 members of the California bail bonds industry that they are immune from liability under state and federal law for an alleged antitrust conspiracy to fix the price of bail bond premiums. The lawsuit, brought by Shonetta Crain and Kira Serna on behalf of a proposed class of California bail bond purchasers, alleges that arrested people and their family members paid inflated prices for bail bonds due to an illegal conspiracy by sureties, California bail agencies, bail industry associations, and two individual defendants “to keep default premium rates fixed at 10%, advertise them as legal minimums, and prevent discounting or rebating as much as possible” to effectively fix the price of bail bonds in California. [Read more…]

Dean Harvey Speaks on the Challenges of Navigating No-Poach Agreements at 68th Annual ABA Antitrust Law Section Virtual Spring Meeting

Dean Harvey Speaks on the Challenges of Navigating No-Poach Agreements at 68th Annual ABA Antitrust Law Section Virtual Spring Meeting

Lieff Cabraser partner Dean M. Harvey recently participated in panel discussion on “No-Poach: Assessing Risk in Uncertain Seas” as a part of the American Bar Association’s 68th Annual Antirust Law Section Virtual Spring Meeting. The panel was presented by the Cartel & Criminal Practice and Trial Practice Committees and will be turned into a podcast along with other presented materials available for viewing later this month. [Read more…]

Judge Close To Granting Preliminary Approval of $48.95M Settlement in Knorr, Wabtec No-Poach Antitrust Case

Freight train with cargo containers

As reported by Law360 (Subscription), U.S District Judge Joy Flowers Conti has indicated she is close to granting preliminary approval to a $48.95 million settlement of the antitrust lawsuit in which employee plaintiffs alleged Knorr-Bermse AG and Wabtec Corp. improperly agreed not to hire each other’s employees resulting in suppressed and lost wages. The settlement proceeds will be distributed to workers of both companies. [Read more…]

Chemical Companies Fail to Get Polyurethane Price-Fixing MDL Dismissed

Chemical Companies Can't Dismiss Polyurethane Price-Fixing MDL

As reported by Law360 (subscription), a Pennsylvania federal judge has ordered that a group of chemical manufacturers face class action litigation accusing them of conspiring to manipulate the prices of two chemicals used to make polyurethane. The complaint alleges that BASF, Covestro LLC and Dow Chemical Co. used plant closures and limited supplies to illegally drive up the prices of methylene diphenyl diisocyanate, or MDI, and toluene diisocyanate, necessary components of widely-used polyurethane. Defendants’ attempt to have the lawsuit dismissed were denied. [Read more…]

Lieff Cabraser Announces Settlement of Knorr and Wabtec Employee No-Poach Antitrust Lawsuit

Freight train with cargo containers

Proposed settlements with world’s dominant railway equipment suppliers will provide $48.95 million for employees who alleged their compensation was adversely impacted by an agreement between Knorr and Wabtec not to poach each other’s employees

Lieff Cabraser Heimann & Bernstein, LLP and Fine, Kaplan and Black, R.P.C. announce a total of $48.95 million in settlements to resolve antitrust claims of a class of approximately 8,396 employees of Westinghouse Air Brake Technologies Corporation and certain subsidiaries (“Wabtec”) and Knorr-Bremse AG and certain subsidiaries (“Knorr”). Knorr has agreed to pay $12 million, and Wabtec has agreed to pay $36.95 million. [Read more…]

Department of Justice Announces Former Generic Pharmaceutical Executive Pleads Guilty for Role in Criminal Antitrust Conspiracy

DOJ drugs antitrust guilty plea

Kellum is Fourth Executive to Be Charged in Ongoing Investigation

A former senior executive pleaded guilty today for his role in a conspiracy to fix prices, rig bids, and allocate customers for generic drugs, the Department of Justice has announced. According to court documents, from at least March 2013 until at least June 2015, Hector Armando Kellum, a former senior executive at a generic pharmaceutical company based in New Jersey, conspired to fix prices, rig bids, and allocate customers for generic drugs. [Read more…]

Lieff Cabraser Announces Notice of Settlement for Anticoagulant Medications Lovenox® and Generic Enoxaparin

White pharmaceutical pills spilling from prescription bottle

If You Bought or Provided Reimbursement for the Anticoagulant Medications Lovenox® or Generic Enoxaparin Between September 21, 2011 and September 30, 2015 You Could Get Money from Class Action Settlements Totaling $120 Million

Proposed Settlements totaling $120 million have been reached in a class action lawsuit regarding the price that uninsured consumers, hospitals, and third-party payors paid for Lovenox® or generic enoxaparin. The lawsuit asserts that Defendants kept the prices of Lovenox® and generic enoxaparin higher than they otherwise would have been by manipulating the generic approval process. Defendants deny any wrongdoing. [Read more…]

Plaintiffs Defeat Motion to Dismiss Lawsuit Alleging FINA International Swim Organization Uses Market Dominance to Extract Enormous Revenues from World’s Best Swimmers

Woman swimming in pool

On January 21, 2020, U.S. Magistrate Judge Jacqueline Scott Corley issued an order denying the motion of defendant international swim organization Fédération Internationale de Natation (“FINA”) to dismiss the lawsuit alleging that FINA leverages its market dominance to extract – and largely keep for itself – enormous revenues from the labor of the world’s best swimmers. [Read more…]

American Antitrust Institute Successfully Opposes Drug Makers’ Attempts to Enjoin New California Law Outlawing Pay-for-Delay Drug Settlements

Drug Antitrust Litigation

Lieff Cabraser serves as counsel for amicus AAI, who successfully secured denial of drug makers’ requested injunction against the new pro-competition law AB 824

Lieff Cabraser serves as counsel for amicus American Antitrust Institute, on whose behalf the firm filed a brief in opposition to drug makers’ attempts to enjoin a new California law (AB 824) which outlaws pay-for-delay drug settlements. The motion for preliminary injunction against Assembly Bill 824 was brought by the so-called “Association for Accessible Medicine.” [Read more…]

Lieff Cabraser Announces Settlement of Lovenox/Enoxaparin Drug Antitrust Class Action with Momenta and Sandoz

Drug Antitrust Litigation

$120 million aggregate settlement will benefit hospitals, insurers and companies that pay for their employees’ healthcare costs, and uninsured people affected by the pharma companies’ alleged anticompetitive conduct

Lieff Cabraser is proud to announce that Momenta Pharmaceuticals, Inc. and Sandoz Inc. have agreed to settlements totaling $120 million in the antitrust class action about enoxaparin, a life-saving drug. The settlement will compensate hospitals, insurers, companies that pay for their employees’ healthcare costs, and uninsured people in Tennessee and 29 other jurisdictions who allegedly overpaid for Lovenox® or generic enoxaparin. The named plaintiffs in the class action are Nashville General Hospital, a nonprofit hospital in Nashville, Tennessee, and DC 37, a health plan for hundreds of thousands of public-sector union members in New York. [Read more…]

Plaintiffs Secure $35M Settlement With Momenta Pharma in Lovenox Blood Clot Drug Antitrust Class Action

generic pill bottle image

As reported by Law360 (subscription), the parties in the Lovenox/Enox blood clot drug antitrust lawsuit have announced a $35 million settlement in the class action lawsuit brought on behalf of thousands of buyers of generic Lovenox (enoxaparin) that accused the company and Sandoz Pharmaceuticals of illegally conspiring to prevent other drug companies from competing in the sale of enoxaparin, used in the treatment of heart attacks and to prevent and control deep vein thrombosis. [Read more…]

Dean Harvey Speaks at U.S. Justice Department Antitrust Division’s Public Workshop on Competition in Labor Markets

Dean Harvey Speaks at U.S. Justice Department Antitrust Division’s Public Workshop on Competition in Labor Markets

On September 23, 2019, Lieff Cabraser partner Dean M. Harvey participated in a public panel discussion presented by the Antitrust Division of the U.S. Department of Justice on “Competition in Labor Markets” at the DOJ Conference Center in Washington, D.C. The event featured a group of well-known antitrust and competition lawyers, experts, and scholars. [Read more…]

Lieff Cabraser Duke/UNC “No Poach” Case Team Receives Antitrust Institute’s 2019 Private Enforcement Award

Lieff Cabraser Duke/UNC “No Poach” Case Team to Receive Antitrust Institute’s 2019 Private Enforcement Award

At its annual Antitrust Enforcement Awards dinner in Washington, D.C., the American Antitrust Institute formally presented its selection of leading legal practitioners and economists to be recognized as honorees for the 2019 Antitrust Enforcement Awards, a list that includes the Lieff Cabraser team that worked on the Duke/UNC case: Dean M. HarveyKelly M. DermodyBrendan P. GlackinAnne B. Shaver, and Yaman Salahi. [Read more…]

Lieff Cabraser Duke/UNC “No Poach” Case Team to Receive Antitrust Institute’s 2019 Private Enforcement Award

Lieff Cabraser Duke/UNC “No Poach” Case Team to Receive Antitrust Institute’s 2019 Private Enforcement Award

The American Antitrust Institute has announced its selection of leading legal practitioners and economists to be recognized as honorees for the 2019 Antitrust Enforcement Awards, a list that includes the Lieff Cabraser team that worked on the Duke/UNC case: Dean M. Harvey, Kelly M. Dermody, Brendan P. Glackin, Anne B. Shaver, and Yaman A. Salahi. The Honorees will be featured at a gala awards dinner on Tuesday, November 12, 2019 at The Hamilton Live in Washington D.C. [Read more…]

Final Approval Granted to $54.5m Duke/UNC “No Poach” Antitrust Case Settlement

$54.5 Million Settlement in Duke/UNC "No Poach" Employee Anticompetition Lawsuit

On September 24, 2019, the U.S. District Court Judge Catherine C. Eagles granted final approval to the proposed settlement of the Duke/UNC “No Poach” case valued at $54.5 million.

The settlement includes an unprecedented role for the United States Department of Justice to monitor and enforce extensive injunctive relief. Assistant Attorney General Delrahim remarked: “Permitting the United States to become part of this settlement agreement in this private antitrust case, and thereby to obtain all of the relief and protections it likely would have sought after a lengthy investigation, demonstrates the benefits that can be obtained efficiently for the American worker when public and private enforcement work in tandem.” Please visit dukeuncemployeesettlement.com for more information. [Read more…]

Lieff Cabraser Named Class Counsel in Now-Certified Lovenox Antitrust Class Action Against Momenta & Sandoz

Drug Antitrust Litigation

Case alleges Momenta and Sandoz conspired to monopolize the production and distribution of enoxaparin, a generic version of the blood clot drug Lovenox

As reported by Law360, Chief Judge Waverly D. Crenshaw, Jr. of the United States District Court for the Middle District of Tennessee has certified a class of thousands of buyers of generic Lovenox (enoxaparin) who brought a federal antitrust case against Momenta Pharmaceuticals and Sandoz Inc. accusing the pharma companies of illegally conspiring to prevent other drug companies from competing in the sale of enoxaparin, used in the treatment of heart attacks and to prevent and control deep vein thrombosis. [Read more…]