Insights

Orange County – October 18, 2024: The Recorder honored Crowell & Moring partner Chahira Solh with the Distinguished Leader Award at the annual California Legal Awards event in Los Angeles on Oct. 15. The award recognizes lawyers who have implemented major achievements in the last year. Solh was also named a finalist for the Mentorship Award in honor of the impact she has made on attorneys at the start of their careers and in the legal profession.

Crowell & Moring held its Transportation & Logistics workshop on Thursday, March 10, 2022 in Dana Point, California. The conference featured key developments and trends in the transportation sector and legal strategies to support supply chain resiliency in the midst of industry uncertainty, evolving regulatory regimes, and unprecedented workforce challenges. Conference participants included transportation leaders and decision-makers across retail, food & beverage, hospitality, telecommunications, healthcare, rail, automotive, aviation, surface, maritime, mobility, shipping, logistics, and beyond. Topics included:

Last week the Ninth Circuit struck a nationwide class of over 200 million cell-phone buyers in Stromberg v. Qualcomm Inc..  A nationwide consumer class can seek immense antitrust damages – here plaintiffs estimated a “lower bound” of $4.8 billion.  The Ninth Circuit’s decision not only prohibits nationwide indirect purchaser classes bringing claims under California’s antitrust law, but imperils multi-state classes similar to those certified in past cases.  Stromberg also has wider implications for nationwide antitrust class actions as other states consider expanding their antitrust laws.

On Monday, the Supreme Court dealt a unanimous blow to the NCAA in NCAA v. Alston, 594 U. S. ____ (2021).  The Court not only ruled against the NCAA on the issue of whether it can ban member schools from providing certain education-related benefits to their players, but it also invited challenges to the NCAA’s ban on other forms of athlete compensation.  The decision capped years of litigation regarding the NCAA’s rules restricting various forms of such compensation and is likely to influence the course of those rules for years to come.  As the Court’s most recent examination of the Sherman Act, however, the decision has broader implications.  It will influence antitrust litigation more generally and includes discussions that will be touted by antitrust plaintiffs and defendants alike.

A recent Supreme Court case creates new opportunities for dealing with class certification issues that often are critical to antitrust cases. In March 2016, the U.S. Supreme Court ruled in Tyson Foods, Inc. v. Bouaphakeo, upholding the lower court’s certification of a class suing Tyson. Although the case involved a violation of the Fair Labor Standards Act, it will have repercussions for antitrust litigation strategies, as well.

The California Lawyers Association's (CLA) 2019 Annual Meeting is a three-day event offering connection, industry insights, and business solutions.

Litigation can be a dirty word for corporate legal departments. However, the San Francisco Bay Area Chapter of the Association of Corporate Counsel's (ACC-SFBA) session will focus on how affirmative recovery litigation can provide an important revenue stream for a company. Opportunities for recovery can arise out of findings by the U.S. Department of Justice of illegal conspiratorial or anti-competitive conduct. Or a company may find itself in a position where it needs to take on a competitor, customer, or supplier because of egregious behavior. No matter the cause, contemplating litigation to recover or redress a legal issue needs careful assessment, planning, and execution.

The program is organized by the The Federal Bar Association in collaboration with CAREER SERVICES at The New School.