Antitrust Law Source

Jay L. Levine

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Jay Levine is a partner in the firm’s Washington, D.C. Litigation Department. His practice is concentrated in complex litigation and counseling and he is co-chair of the firm’s Antitrust and Consumer Protection Practice Group. He is also the managing editor of the firm’s innovative Antitrust Law Source blog and host of its podcast, as well editor of the firm’s Food And Agriculture Quarterly.

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Access to “data” – the new competitive battlefield

By Jay L. Levine and Porter Wright on Categories: ABC's of Antitrust, Antitrust & Intellectual Property, Retail
Data is a buzzword popular in the media today. Most often we hear or read the word in conjunction with a breach of a major retailer or healthcare company. It is also used by companies to target us with behavioral advertising. But it also has become the new coin of the realm. Being neither a … Continue Reading

What does it take to bring foreign companies to the US?

By Jay L. Levine on Categories: International
In this episode, Jay talks to Oded Shenkar, Ford Motor Company Chair in Global Business Management and Ohio State professor, about the challenges and opportunities facing foreign businesses who wish to come to the United States. The duo talks about regulatory matters, strategic factors and how the political climate will affect a company’s decision to … Continue Reading

Private equity deals

By Jay L. Levine on Categories: Mergers & Acquisitions
What is on the horizon for private equity deals in 2017? What does the market look like for buyers, sellers and foreign investors? Jay talks with Porter Wright M&A attorneys Bob Tannous and Jeremy Siegfried about these issues, exit strategies, Brexit and more in our most recent podcast.… Continue Reading

Don’t wannacry? Help your IT staff prevent ransomware

By Jay L. Levine on Categories: Privacy & Data Security, Technology
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 … Continue Reading

FTC revises HSR and interlocking directorate thresholds

By Jay L. Levine on Categories: ABC's of Antitrust, Mergers & Acquisitions
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. … Continue Reading

Gun jumping the Brazilian way

By Jay L. Levine on Categories: International, Mergers & Acquisitions
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.… Continue Reading

Introduction to Brazilian antitrust enforcement

By Jay L. Levine on Categories: Antitrust & Intellectual Property, International, Mergers & Acquisitions
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.… Continue Reading

Part one: Privacy matters

By Jay L. Levine and Porter Wright on Categories: Privacy & Data Security
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.… Continue Reading

Antitrust & politics: A match made in…

By Jay L. Levine on Categories: Civil Government Enforcement, Legislative
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. … Continue Reading

Representative evidence – Good, bad? The Supreme Court speaks

By Jay L. Levine on Categories: Civil Litigation
As we’ve reported previously, Tyson was challenging the certification of a class of employees who sued for unpaid time related to donning and doffing protective gear. Jay discusses the implications of the Supreme Court’s allowance of representative evidence to prove classwide liability and how the Court’s ruling may (or may not) impact future class actions.… Continue Reading

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

By Jay L. Levine on Categories: Legislative
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 … Continue Reading

Are data breaches covered under insurance policies?

By Jay L. Levine on Categories: Health Care, Privacy & Data Security
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 … Continue Reading

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

By Jay L. Levine and Porter Wright on Categories: Civil Litigation
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 … Continue Reading
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