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Competition

  • June 05, 2025

    Juul Beats Distributor's E-Cig Price Discrimination Suit

    An Illinois federal judge Wednesday permanently dismissed a price discrimination suit against Juul Labs, finding that a gas station distributor alleging it was given worse terms than a rival on e-cigarette products torpedoed its own case when it removed details of the alleged market from its latest complaint.

  • June 05, 2025

    DOJ Wants Fix-It-1st Mergers, Not 'Fix-It-2nd'

    The U.S. Department of Justice Antitrust Division's top merger official walked a fine line Wednesday between avoiding "a lingering regulatory review tax" on benign transactions and over-confident prognostications that markets will "self-correct" without intervention, and between encouraging companies to address concerns upfront and "shadow" settlements with the government.

  • June 05, 2025

    La. Track Athlete Latest To Challenge NCAA Eligibility Rules

    A graduate student at Southeastern Louisiana University has told a Louisiana federal court that the NCAA should not deny him another year of eligibility in track and field next year, because he is still within his five-year window to compete in four seasons.

  • June 05, 2025

    DOJ Says NCAA Eligibility Rule May Benefit Student-Athletes

    The U.S. Department of Justice is weighing in on the NCAA's eligibility rule, saying it is not asserting a position but asking the court to take a measured approach when considering the preliminary injunction request of a University of Tennessee basketball player.

  • June 05, 2025

    4th Circ. Stalls Jordan's NASCAR Team During Antitrust Suit

    The Fourth Circuit on Thursday threw a caution flag in a much-publicized antitrust suit against NASCAR by vacating an injunction that let two teams — including one co-owned by NBA legend Michael Jordan — keep their charter status while they pursue claims against the league.

  • June 04, 2025

    Apple Loses Bid To Pause App Store Order Amid Appeal

    A Ninth Circuit panel Wednesday refused to lift a lower court's injunction mandating certain App Store policy changes while Apple appeals it, saying that it wasn't "persuaded that a stay is appropriate" in the high-profile litigation brought by Epic Games.

  • June 04, 2025

    Calif. Won't Get Insulin Pricing Case Sent Back To State Court

    The New Jersey federal judge overseeing multidistrict litigation accusing Express Scripts, CVS Caremark and other pharmacy benefit managers of conspiring to fix the prices of insulin on Wednesday refused to ship a case brought by the state of California back to state court.

  • June 04, 2025

    USPTO Says Study Disproves Pharma Patent Thicket Claims

    A U.S. Patent and Trademark Office unit has found that pharmaceutical patent thickets are rare after investigating arguments about their effect on drug pricing, the division's leader said Wednesday as part of a discussion on large patent families.

  • June 04, 2025

    NC Biz Court Bulletin: TikTok Tussle And Merger Melee

    Spring has sprung momentous decisions and quiet resolutions in some of the North Carolina Business Court's top cases, from clearing for trial the attorney general's suit over a hospital's post-merger standard of care to Cadwalader Wickersham & Taft LLP dropping its coverage dispute over a 2022 data breach.

  • June 04, 2025

    FIFA Slams Atty's Bid To 'Circumvent' DQ In Puerto Rico Case

    A Puerto Rican attorney may not sidestep a disqualification order by dropping his personal claims from an antitrust case against FIFA in which he is both counsel and plaintiff, the organization told a federal judge Wednesday, arguing the lawyer is a "necessary fact witness" and therefore a conflict is unavoidable.

  • June 04, 2025

    FTC Fights Attys Who Want State Bar Input On Ethics Worries

    The Federal Trade Commission doesn't want staff attorneys to be able to seek state bar association guidance if they dispute the legality of an instruction, arguing in a fight with the FTC's union that seeking such guidance would gum up the gears of commission work.

  • June 04, 2025

    SEC Seeks Input On Tightening Perks For Foreign Issuers

    The U.S. Securities and Exchange Commission agreed Wednesday to seek public input on whether foreign companies should continue to be granted accommodations to list in the U.S., noting that global markets have changed significantly since such rules were adopted.

  • June 04, 2025

    Dish Wants Court To Act On T-Mobile Case Discovery Dispute

    Dish told an Illinois federal judge it is at an impasse with wireless customer plaintiffs seeking documents in their case against T-Mobile over its 2020 acquisition of Sprint, saying it met with the plaintiffs four times regarding their subpoenas, but the sides have been unable to find a compromise.

  • June 04, 2025

    Jack Nicklaus' Defamation Suit Can Stay In Fla., Court Says

    A Florida appeals court ruled Wednesday that golf legend Jack Nicklaus can keep his defamation lawsuit against Nicklaus Cos. LLC in the state, despite a forum selection clause between the two that designated New York as the required venue.

  • June 04, 2025

    ACC, FSU, Clemson Drop Suits After Reaching Revenue Deal

    The Atlantic Coast Conference, Florida State University and Clemson University have officially ended their legal battle spanning a year and a half and three state courts, dismissing their suits and countersuits three months after agreeing on a new plan to generate and divide athletic revenue.

  • June 04, 2025

    DOJ Won't Have To Give Agri Stats Specific Data Fields

    A Minnesota federal court refused to force the U.S. Department of Justice to identify specific data fields in industry reports produced by Agri Stats that allegedly allow meat processors to share sensitive information, finding the case is not centered on individual data points.

  • June 04, 2025

    FTC Can't Exclude TikTok Blackout From Meta Case

    Meta Platforms can point to TikTok briefly going dark at the beginning of 2025 as it tries to fend off claims that it is monopolizing the social media market, after a D.C. federal judge refused to let the Federal Trade Commission lock the case to evidence from the year 2023.

  • June 04, 2025

    Neighbor Says Cubs Don't Own Sounds, Smells Of Wrigley

    A rooftop owner near Wrigley Field being sued by the Cubs for allegedly infringing its intellectual property rights asked a judge to dismiss counts of misappropriation and unjust enrichment, saying the club does not have rights to the lights, sounds and smells that leave its property.  

  • June 04, 2025

    Lawmakers Say Recent Rocket Mortgage Deals Need Scrutiny

    A group of lawmakers is calling on antitrust enforcers to scrutinize online mortgage giant Rocket's recent deals for real estate brokerage website Redfin and mortgage company Mr. Cooper over concerns that Rocket is trying to dominate the entire homebuying process.

  • June 04, 2025

    Judge Won't Block Amazon From Talking To Depo Witnesses

    A federal judge on Tuesday rejected the Federal Trade Commission's bid, in its antitrust case against Amazon, seeking to block lawyers representing the e-commerce giant from conferring with witnesses during breaks in their depositions.

  • June 04, 2025

    Chip Trade Secret Conviction Specific Enough, 1st Circ. Hints

    The First Circuit on Wednesday appeared skeptical of arguments that jurors who convicted a former Analog Devices Inc. engineer of possessing trade secrets improperly glossed over the difference between what was described in the indictment and what was actually found during a search of his electronic devices.

  • June 04, 2025

    FCC Republican Says He's Leaving Agency This Week

    Nathan Simington, one of only two Republicans on the Federal Communications Commission, said Wednesday he will leave the agency at the end of this week.

  • June 03, 2025

    Google Taps Ex-SG, Munger Tolles Partner For Monopoly Fight

    Google has hired former U.S. Solicitor General and prominent U.S. Supreme Court attorney and Munger Tolles & Olson LLP partner Donald B. Verrilli Jr. to represent it in high-profile litigation accusing the tech giant of monopolizing the online search market, according to a notice filed in District of Columbia federal court Tuesday.

  • June 03, 2025

    BlackRock, Vanguard Want Red States' Coal Suit Extinguished

    Asset managers BlackRock Inc. and The Vanguard Group Inc. have urged a Texas federal judge to toss a suit brought by a coalition of Republican-led states alleging the firms ran a scheme to drive up coal prices as part of an "investment cartel," arguing the case rests on "implausible premises."

  • June 03, 2025

    Foes Urge Court To Assume Google Hid Evidence

    Advertisers, publishers and other users of Google's online advertising placement technology come armed with receipts of the search giant's personnel apparently knowingly avoiding their discovery obligations, as the multidistrict litigation plaintiffs tee up a bid to sanction the company with a court presumption that deleted chats hide key evidence of monopolization.

Expert Analysis

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • How Calif. Algorithmic Pricing Bills Could Affect Consumers

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    California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.

  • Calif. Antitrust Bill Could Alter Enforcement Landscape

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    If enacted, a recently proposed California bill that would strengthen the state’s antitrust law could signal a notable shift in the U.S. enforcement environment, but questions remain about the types of cases the state could pursue, whether other states will follow suit and more, say attorneys at DLA Piper.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • How 2025 Is Shaping The Future Of Bank Mergers So Far

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    Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • China High Court Ruling Could Encourage Antitrust Litigation

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    Practitioners defending U.S. companies in China should take note of a Chinese Supreme Court ruling that plaintiffs can file suits based on either where the alleged action, or where the result of such action, occurred — which will promote civil litigation by minimizing procedural battles over forum selection, says Yang Yang at Leaqual Law Firm.

  • The Revival Of Badie Arbitration Suits In Consumer Finance

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    Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • Navigating The Growing Thicket Of 'Right To Repair' Laws

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    An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

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