Antitrust Law Source

Jay Levine

Jay Levine

Editor and frequent host of Porter Wright’s Antitrust Law Source, Jay Levine is a partner based in Washington, D.C. Jay has extensive litigation experience in a variety of industries, particularly health care, pharmaceuticals and consumer products. Over the past few years, he has represented pharmaceutical companies in several antitrust and competition-related actions, many of which involved issues not previously litigated. Jay regularly represents clients before the government enforcement agencies, in both criminal and civil matters, and is currently defending clients in several different class actions.

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Don’t wannacry? Help your IT staff prevent ransomware

The latest cyberattack  making the news (and some say the largest to date) is the “Wannacry” ransomware.  The ransomware looks for computers containing an operating system vulnerability in the Microsoft Windows platform and then appears to infect computers… without a single click required.  My colleague, Brian Hall, outlines the risks employers may face when dealing with cyberattacks  — as well as how human resource departments can help protect their organizations in his recent blog post “Don’t wannacry? Help your IT staff prevent ransomware“.…

FTC revises HSR and interlocking directorate thresholds

Last week, the Federal Trade Commission (FTC) announced the annual changes to the notification thresholds for filings under the Hart-Scott-Rodino Antitrust Improvements Act (HSR), as well as certain other values under the HSR rules. As background, the HSR Act requires that acquisitions of voting securities or assets that exceed certain thresholds be disclosed to U.S. antitrust authorities for review before they can be completed. The “size-of-transaction threshold” requires that the transaction exceeds a certain value. Under certain circumstances, the parties involved also have to exceed “size-of-person thresholds.” This year’s values, which are adjusted annually based on changes in the GNP, …

Venture capitalism and start-ups in Ohio

Ohio has become a hot spot for venture capitalists to invest in companies. The level of talent and sense of community that the state provides are just a few of the reasons VC’s are putting their money here. Jay talks with Falon Donahue, CEO of Venture Ohio, and Porter Wright attorney Brett Thornton about why many international companies, including start-ups and emerging businesses from Israel, Japan and the EU, large organizations like Amazon and cyber security firms are calling Ohio home.…

Gun jumping the Brazilian way

Gun jumping – coordination before merger clearance – isn’t just an American issue.  Jay and Andre Gilbert, a Brazilian competition attorney, discuss what happens in Brazil when parties work together prior to the approval of a merger – Brazil’s standards, potential fines and the penalties companies might be faced with when this happens.…

Introduction to Brazilian antitrust enforcement

Before the independence of CADE (the Administrative Council for Economic Defense), it could take months for Brazilian mergers to be approved. Jay talks to Brazilian competition attorney Andre Gilberto about how the Brazilian government improved the process for reviewing antitrust and merger cases, what crimes can be criminally prosecuted and merger control.…

FTC has ruled….and companies better beware!

In a move the surprised no one, the Federal Trade Commission (FTC) reversed the decision of its own Administrative Law Judge (ALJ) and held that LabMD’s “data security practices constitute an unfair act or practice within the meaning of Section 5 of the FTC Act.” There are two noteworthy aspects to the opinion. First, if the magnitude of the harm is great enough, the risk of its occurrence can be low and still satisfy the “substantial injury” requirement. Second, believe it or not, the word “likely” does not mean “probably.” …

Part one: Privacy matters

In this three-part series, Jay speaks with attorneys across Porter Wright’s departments and practices about privacy and data security. Today’s podcast begins with Christina Hultsch who talks about the options available for European Union companies to transfer data. …

Antitrust & politics: A match made in…

After eight years of antitrust enforcement under the Obama administration that some consider robust, while others are more critical, it is fair to wonder what we can expect from a Trump or Clinton administration. Of course, it is often difficult, if not dangerous, to make such prognostications, but it is worth considering the question nonetheless.

Donald Trump has had little to say so far on his position concerning antitrust enforcement. But, he has had one high profile run-in with the antitrust laws that may inform his perspective on the topic. Way back in 1986, Mr. Trump owned the New Jersey …

New FDA food safety rule spans stakeholders from farm to fork

My colleagues Brian Augustine and Phil Calabrese recently authored an informative piece on a new FDA rule which impacts stakeholders in the food, transportation and hospitality industries. As many in the agribusiness will find this of interest, I wanted to take a moment to share the article with you.

From “FDA New Food Safety Rule Spans Stakeholders From Farm to Fork:”

“The rule imposes a broad array of new regulatory requirements that apply to shippers, receivers, loaders, and carriers by motor vehicle and rail engaged in the transportation of food, whether or not the food is offered for

Breaking: President Obama’s executive order requires all federal agencies to examine antitrust issues

Earlier this morning, President Obama announced the issuance of an executive order that broadly requires all executive agencies and departments to take steps to address competition concerns. The executive order comes on the heels of a report issued by the White House’s Council of Economic Advisors that details the increasing concentration of markets in the U.S. economy.

Update: Jay was interviewed for a report on the President’s Executive Order by Martha C. White for NBCNews.com – check out the story here.

Are data breaches covered under insurance policies?

In defending against a class action case where patient information was found online for months without being secured, the insurance company was found to have a duty to defend the defendant, who held an insurance policy that covered the publication of patient information. The case, Travelers Indemnity vs. Portal Healthcare, is important because it’s one of the first decisions to rule on whether data breach litigation is covered under commercial insurance policies.…

Supreme Court refuses to deny use of “representative evidence” to certify a class

Faced with what defense lawyers hoped would be another arrow in their quiver to fight class certification, the Supreme Court refused to slam the door on the use of “representative evidence” in proving predominance under Federal Rule of Civil Procedure 23(b)(3). Instead it held that, in certain cases, “representative evidence” – evidence representative of a large group but not necessarily of any member of the group – can be used to demonstrate class-wide liability. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. The decision, though, should not make the plaintiffs’ bar cheer too much, or the defense bar overly weepy.…

Big data and what can be done with it: Part one

In part one of this three-part series, Jay talks with Phil Rist, executive vice president of Prosper Business Development, about how his company collects big data and utilizes it to detect trends that aid his clients in developing their strategic plans. Phil discusses how his company not only takes data available from the federal government, but how they administer “emotional surveys” to track the feelings of today’s population to build predictive models for future events. Phil and Jay discuss challenges and opportunities for big data in 2016 – how the internet of things (wearable devices, Bluetooth enabled devices, trackable …

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