Knorr Wabtec Faces Wave of Class Action No-Poach Antitrust Employment Lawsuits

Freight train with cargo containers

As reported by Bloomberg Law, rail equipment companies Knorr-Bremse and Wabtec Railway Electronics are fighting a new rush of class action antitrust lawsuits in the employment realm after having settled allegations from the U.S. Department of Justice that they agreed not to hire each other’s employees in violation of the law. The lawsuits, which seek monetary damages as well as the cessation of any illegal practices, were originally filed in multiple districts and then consolidated into a single multidistrict case. [Read more…]

Dean Harvey to Speak on Anticompetitive Practices in the Labor Market at Harvard Law School

Dean Harvey to Speak on Anticompetitive Practices in the Labor Market at Harvard Law School

Lieff Cabraser partner Dean M. Harvey will be featured as a distinguished speaker at the “Unrigging the Market: Convening to Restore Competitive Labor Markets” program, taking place at Harvard Law School on June 13, 2018 from 8:30am-4:30pm ET. He will be participating in the panel titled “Anticompetitive Practices in the Labor Market.” [Read more…]

Dean Harvey to Speak at 19th Annual American Antitrust Institute Conference, “Antitrust at a Crossroads”

Dean Harvey to Speak at 19th Annual American Antitrust Institute Conference

On June 21, 2018, Lieff Cabraser partner Dean M. Harvey will participate as a panelist at the 19th annual American Antitrust Institute conference, “Antitrust at a Crossroads – Plotting the Course for the Next Decade” at the National Press Club in Washington, D.C. Dean will speak on “Antitrust and Workers — Agreements, Mergers, and Monopsony,” exploring applications of the antitrust laws to prohibit the exercise of buyer power that harms competition and suppresses wages and salaries. [Read more…]

Lieff Cabraser and Elliot Morgan Parsonage Announce Class Certification in Duke/UNC “No-Hire” Agreement Lawsuit

Duke 'No-Hire' Case

February 1, 2018, GREENSBORO–(BUSINESSWIRE)–The law firms of Lieff Cabraser Heimann & Bernstein, LLP and Elliot Morgan Parsonage, P.A., announce that U.S. District Judge Catherine C. Eagles has certified a faculty class in an antitrust class action lawsuit against Duke University and Duke University Health System over an alleged agreement between Duke and the University of North Carolina not to hire each other’s medical faculty.

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Dean Harvey and Lin Chan Featured at BASF Antitrust for HR Seminar

Lieff Cabraser Attorneys Featured at BASF Antitrust for HR Seminar

Lieff Cabraser attorneys Lin Y. Chan and Dean M. Harvey spoke at the Bar Association of San Francisco’s Antitrust for HR: No-Poach and Wage Fixing Agreements seminar on January 16, 2018. Ms. Chan moderated the panel, and Mr. Harvey participated in the discussion. [Read more…]

UNC and Lieff Cabraser Announce Partial Settlement of “No-Hire” Employee Antitrust Class Action

Medical student textbook

The University of North Carolina at Chapel Hill, UNC Health Care, and Lieff Cabraser jointly announce that U.S. District Judge Catherine C. Eagles has granted preliminary approval to the partial settlement of an antitrust class action lawsuit against Duke University, UNC, and other related parties over an alleged agreement between and among the defendants not to compete for certain of each other’s employees (a “No-Hire” Agreement). [Read more…]

Lieff Cabraser Cipro Team Recognized as Honorees for AAI 2017 Antitrust Enforcement Awards

Lieff Cabraser Cipro Team Recognized as Honoree for AAI 2017 Antitrust Enforcement Awards

The American Antitrust Institute has announced its selection of leading practioners and economists to be recognized as honorees for the 2017 Antitrust Enforcement Awards. Lieff Cabraser’s team shared the AAI’s award for Outstanding Private Practice Antitrust Achievement, and partner Lin Chan won the Institute’s prestigious solo award for Outstanding Antitrust Litigation Achievement by a Young Lawyer. [Read more…]

Dean Harvey in the Durham News Observer on the Duke/UNC No-Hire Lawsuit

Duke/UNC No-Hire Agreement Lawsuit

Lieff Cabraser represents Duke University School of Medicine instructor Danielle M. Seaman, M.D., in a class action lawsuit against Duke, UNC Med School, and other entities charging that the defendants entered into an express, secret agreement not to hire certain medical facility faculty and staff that they each employed, reducing or eliminating competition for skilled medical labor. The parties recently announced a preliminary settlement with UNC Med School, leaving the action to continue with respect to Duke University School of Medicine. [Read more…]

UNC School of Medicine Agrees to Ban No-Hire Arrangements to Settle Antitrust Lawsuit

Duke 'No-Hire' Case

Lieff Cabraser represents Duke University School of Medicine instructor Danielle M. Seaman, M.D., in a class action lawsuit against Duke, UNC Med School, and other entities charging that the defendants entered into an express, secret agreement not to hire or attempt to hire certain medical facility faculty and staff that they each employed, reducing or eliminating competition for skilled medical labor. The lawsuit seeks to recover damages and obtain injunctive relief, including treble damages, for defendants’ alleged violations of federal and North Carolina antitrust law. [Read more…]

Law360 Rising Star Profile: Lieff Cabraser’s Lin Chan

Law360 Rising Star Profile: Lieff Cabraser’s Lin Chan

Law360 has published an in-depth profile of Lieff Cabraser partner Lin Y. Chan, named a Law360 Rising Star for 2017 for Competition. The profile highlights Ms. Chan’s biggest case to date (illegal non-compete agreements over the blockbuster antibiotic Cipro), where she gets her motivation, how she became a competition and antitrust attorney, and the advice she would give to young attorneys striving to be successful in the law. [Read more…]

Lieff Cabraser Named to Leadership Position in Generic Drugs Pricing Antitrust Litigation

Lieff Cabraser Named to Leadership Position in Generic Drug Antitrust Litigation

Beginning in February 2015, Lieff Cabraser conducted an extensive investigation into dramatic price increases of certain generic drugs. Lieff Cabraser worked alongside economists and industry experts and interviewed industry participants to evaluate possible misconduct. In December of 2016, Lieff Cabraser, with co-counsel, filed the first case alleging price-fixing of levothyroxine, the primary treatment for hypothyroidism, among the most widely prescribed drugs in the world. [Read more…]

Noncompete Clauses Keep Workers Locked In

Noncompete Clauses Keep Workers Locked In

The use of noncompete clauses in employment contracts has grown enormously. Designed to prevent employees from leaving for a competitor, noncompete agreements also work to bind employees to one company, ultimately making it more difficult for them to get ahead. As noted by the New York Times, this reflects “a broad shift in which companies assert ownership over work experience as well as work,” and the paper further notes that employment lawyers see noncompete agreement usage “exploding.” [Read more…]

Final Approval Granted to $225 Million Barr Labs Settlement in Cipro Antitrust Litigation

Final Approval Granted to $225 Million Barr Labs Settlement in Cipro Antitrust Litigation

On April 21, 2017, Judge Ronald L. Styn of the Superior Court of California granted final approval to a $225 million settlement with Barr Laboratories in the Cipro Antitrust litigation. Lieff Cabraser and co-counsel represent California consumers and third party payors in the 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…]

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…]