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Competition
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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. Â
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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June 03, 2025
Pharma Group Can Pursue Challenge To Insulin Pricing Law
A Minnesota federal judge refused Tuesday to throw out a lawsuit over a state law requiring drugmakers to provide insulin to low-income diabetic patients, finding the drug industry's top lobbying group has plausibly alleged that a new registration fee imposed by the law could be unconstitutional.
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June 03, 2025
Regeneron Gets $407M After Antitrust Win Over Amgen
Regeneron won a $406.8 million judgment in its antitrust suit against Amgen, following a jury verdict last month saying Amgen illegally undercut the price of Regeneron's anticholesterol drug Praluent through a bundling scheme with two blockbuster Amgen drugs.
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June 03, 2025
MultiPlan Must Face Reimbursement Pricing Antitrust MDL
An Illinois federal judge on Tuesday largely rejected a bid by MultiPlan to ditch multidistrict litigation accusing the company of illegally fixing out-of-network reimbursement rates, trimming only unjust enrichment claims while allowing antitrust claims to move forward.
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June 03, 2025
Consumers Defend Amending Apple, Amazon Antitrust Case
Consumers accusing Apple and Amazon of reaching a deal to restrict the sale of Apple devices on the e-commerce site told a Washington federal court there's no need to reconsider letting them amend the complaint despite the original lead plaintiff dropping out of the case.
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June 03, 2025
T-Mobile Wants To Duck Counterclaims In Spectrum Fight
T-Mobile wants a California federal court to kill antitrust counterclaims from a telecom the mobile titan has filed a RICO suit against, accusing it of making a series of fake bids to buy licenses for spectrum T-Mobile leases so it will have to buy them or exercise its right of first refusal.
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June 03, 2025
Big 3 Wireless Companies Divvying Up UScellular, FCC Told
T-Mobile, AT&T and Verizon appear to be coordinating to split UScellular among themselves and the Federal Communications Commission needs to review the megadeals in their totality and not just individually, public interest groups said.
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June 03, 2025
KKR Says DOJ Merger Notice Suit Rewrites HSR Act
KKR pushed a New York federal judge to dismiss a U.S. Department of Justice lawsuit seeking fines that could top $650 million, arguing that in defending claims the private equity giant failed to notify two mergers and deleted key documentation from notifications, enforcers are trying to "expand" merger filing requirements.
Expert Analysis
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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An Update On IPR Issue Preclusion In District Court Litigation
Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Ruling Pits EU Competition Law Against Arbitral Awards
The Madrid High Court's referral order to the Court of Justice of the European Union in a recent contractual dispute case squarely confronts the question of whether national systems may lawfully immunize arbitrators from meaningful scrutiny when they fail to apply binding EU competition law, says Josep Galvez at 4-5 Gray's Inn.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
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.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
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.
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Firms Still Have Lateral Market Advantage, But Risks Persist
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.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
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.