Carolinas HealthCare Anti-Competition Lawsuit Allowed to Proceed

Carolinas HealthCare Anti-Competition Lawsuit Allowed to Proceed

As reported by The Charlotte Observer, North Carolina Business Court Judge Michael Robinson has denied the Carolinas HealthCare System’s motion to dismiss a lawsuit accusing the hospital giant of driving up health care costs through illegal efforts to prevent competition. The lawsuit, filed by Lieff Cabraser and co-counsel in September of 2016, accuses CHS of placing improper contract restrictions on insurers forbidding them from guiding customers to lower-cost competing hospitals. [Read more…]

New Measure That Will Reshape Class Action Lawsuits Under Senate Review

New Measure That Will Reshape Class Action Lawsuits Under Senate Review

A new bill seeking to curb enforcement of U.S. class action lawsuits is facing opposition from antitrust groups, including the Committee to Support the Antitrust Laws (COSAL). The measure, H.R. 985 – Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2017, is currently under review by the Senate Judiciary Committee after being passed by the House on a 220-201 vote March 9. The bill would add preconditions for class actions and complex litigation cases. [Read more…]

$225 Million Settlement Announced in Cipro Antitrust Litigation

$225 Million Settlement Announced in Cipro Antitrust Litigation

Lieff Cabraser, Zwerling, Schachter & Zwerling, LLP, and the Joseph Saveri Law Firm represent California consumers and third party payors in a class action lawsuit charging that Bayer Corporation, Barr Laboratories, and the HMR Defendants colluded to block consumer access to affordable, generic versions of Cipro through a massive $398.1 million payment by Bayer to Barr and other generic drug makers. [Read more…]

Dean Harvey Comments on Valeant-Kadmon Pharma Antitrust Challenges

Dean Harvey Comments on Valeant-Kadmon Pharma Antitrust Challenges

Reuters has published a compelling analysis of ongoing challenges facing pharmaceutical “rogue” Valeant with a focus on its price-inflated drug Syprine and its relationship with also-beleagured pharma company Kadmon. Among other issues, Valeant has been singled out as a prime offender in the realm of hyper-inflated pharmaceutical drugs, with, Syprine, its life-saving Wilson’s disease liver ailment treatment costing some patients nearly $300,000 for a year’s use (in 2011, Valeant priced the drug at less than $1,000 for 100 capsules, a rate that rose by 2015 to over $21,000 for the same dose). [Read more…]

DOJ and FTC Release Guidance for Human Resource Professionals on How Antitrust Law Applies to Employee Hiring and Compensation

DOJ and FTC Release Guidance for Human Resource Professionals on How Antitrust Law Applies to Employee Hiring and Compensation

In October 2016, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice issued formal guidance for human resource (HR) professionals and others who are involved in hiring and compensation decisions. As the FTC put it, “HR professionals are often in the best position to ensure their companies’ hiring practices comply with the law and this guidance will help educate and inform them about how the antitrust laws apply to the employment arena.” [Read more…]

Why Drug Prices Skyrocket Despite Market Competition

Pharmacy

The LA Times has published an excellent piece on the skyrocketing costs of U.S. prescription drugs despite marketplace competition. The absence of competition for a good or service traditionally provides fertile ground for cost escalation and price-gouging, classic greedy anticompetitive behavior, but the Times’ article explores the prevalence of continuing drug cost escalations in the U.S. even where competition does exist. [Read more…]

Brendan Glackin Writes Piece on Trial Witness Management for the California Daily Journal

Brendan Glackin on Witness Challenges

Lieff Cabraser partner Brendan Glackin has written an article for the Daily Journal entitled “Once a Witness is On the Stand, Things Can Only Go Wrong” about the challenges attorneys face when their clients take the stand in court. While the dramatic aspects of unexpected reveals are often larger in the criminal context, the piece notes that civil cases can nevertheless present worrisome challenges at the moment when clients are put before a courtroom to face open-ended questions. [Read more…]

Dean Harvey Talks to Law360 About the Invalidated Visa MasterCard Antitrust Settlement

Dean Harvey Talks to Law360 About Invalidated Visa MasterCard Antitrust Settlement

The Second Circuit has invalidated a $7.25 billion antitrust settlement between Visa and MasterCard relating to interchange fees. A June 30 Law360 article (subscription) sees this as a “powerful signal” that class reps must be extremely careful about seeking case resolutions that might “[compromise] someone else’s fundamentally conflicting interests.” [Read more…]

Dean Harvey on the 5 Writing Mistakes Antitrust Lawyers Should Avoid

Dean Harvey on the 5 Writing Mistakes Antitrust Lawyers Should Avoid

Lieff Cabraser partner Dean M. Harvey spoke with Law360 to offer advice to antitrust lawyers on “five writing mistakes that can tilt the balance against your antitrust clients.” Along with Hausfeld LLP’s Scott Martin and Daniel Francis of Hunton & Williams, Mr. Harvey was tapped by the legal journal for his knowledge and expertise in the face of an inherent problem for antitrust attorneys created by “the complexity of competition law [which] puts them at a heightened risk of hurting their chances of victory by writing briefs that judges struggle to read.” [Read more…]