Author: Rachel Bailey, Legal Data Expert, Lex Machina Data analytics is big business right now. Many types of businesses are using analytics to become more competitive and efficient. It’s no longer just “Moneyball” in sports, but styling analytics in retail, adaptive learning analytics in education and – you guessed it – litigation analytics in the legal sector. While there are a variety of analytics purveyors in the legal space, one vendor recently…

Author: Jarod Bona When you think about Sherman Act Section 1 antitrust cases (the ones involving conspiracies), you usually consider the question—often framed at the motion to dismiss stage as a Twombly inquiry—whether the defendants actually engaged in an antitrust conspiracy. But, sometimes, the question is whether the defendants are actually capable of conspiring together. That isn’t a commentary on the intelligence or skills of any particular defendants, but a serious antitrust issue that…

Author: Luis Blanquez The U.S. Department of Justice recently published that the International Competition Network (“ICN”) has approved the Framework on Competition Agency Procedures (“CAP”), for antitrust enforcement agencies around the world to promote fundamental due process principles in competition law investigations and enforcement. This is an opt-in framework, based on the U.S. Antitrust Division’s initial Multilateral Framework on Procedures proposed at the last Council of Foreign Relations in June 2018…

Author: Aaron Gott My morning routine usually begins with reading the news to keep up on current events. As an antitrust lawyer, I often find myself thinking about how stories that were deemed newsworthy for other reasons fail to recognize their often most troubling aspects: the antitrust concerns. Last week, for example, the news was abuzz with Uber and Lyft drivers going “on strike” to protest their compensation from the companies. The drivers “…

Author: Jarod Bona It is illegal under the antitrust laws for competitors to agree not to steal each others’ employees. For more about that, you can read our article about how the antitrust laws encourage stealing. Yes, you read that correctly. But this article isn’t about stealing or even agreeing not to steal employees. Instead, it is about one of our favorite topics: Suing the government under the antitrust laws and the increasingly narrow…

Author: Aaron Gott If you are a defendant in a federal class action case, you probably already know that class certification is an important pivot point in the litigation: once the class is certified, it could be a bet-the-company moment where the risk of a large judgment outweighs any considerations about the merits or your likelihood of successfully defending at trial. The fact that you could appeal class certification after final judgment is cold…