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Competition
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July 10, 2025
9th Circ. Backs Geico Win In COVID Auto Rebate Class Action
The Ninth Circuit affirmed Geico's victory in a certified class action alleging it owed additional refunds to drivers who overpaid their auto insurance premiums during COVID-19 stay-home orders, ruling on Wednesday that Geico charged rates that were previously approved by California's insurance commissioner, which bars the plaintiff's state Unfair Competition Law claim.
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July 10, 2025
11th Circ. Revives Case Over $3.1M Glassware Verdict Debt
The Eleventh Circuit has revived a case over $3.1 million in debt resulting from a jury verdict finding that two glass companies had copied the designs of another business, saying a lower court was wrong to find that the infringing companies' bankruptcy had wiped the debt out.
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July 10, 2025
$4.4B T-Mobile, UScellular Deal Gets DOJ OK, With A Warning
The U.S. Department of Justice gave its all-clear Thursday to T-Mobile's plan to take over most of UScellular's wireless operations, finding that T-Mobile's commitments to bolster the flagging company outweigh, at least for now, worries over the disappearance of UScellular's underdog offerings.
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July 10, 2025
FCC Says Yes To T-Mobile's $5B Metronet Buy After Nixing DEI
T-Mobile has received the Federal Communications Commission's blessing to go ahead with its $4.9 billion joint venture to acquire fiber company Metronet, one day after telling the agency it would end its diversity, equity and inclusion programs in furtherance of the FCC chair's goals.
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July 10, 2025
Jazz Looks To Block Avadel From Asking For Sleep Drug OK
Jazz Pharmaceuticals wants a Delaware federal judge to block Avadel CNS Pharmaceuticals from seeking U.S. Food and Drug Administration approval for its Lumryz drug to treat the sleep disorder idiopathic hypersomnia, after the Federal Circuit sent the case back to the lower court.
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July 10, 2025
Students Say Fee Concerns Unfounded In Aid-Fixing Case
Attorneys for students accusing elite universities of conspiring to limit financial aid told an Illinois federal court there's no need for the schools to look into ethical concerns raised about attorney fees by a "disgruntled" associate for one of the firms representing the proposed class.
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July 09, 2025
Alaska Airlines Seeks Delta Discovery For TM Feud In UK
Alaska Airlines asked a Georgia federal judge to allow it to take discovery from Delta Airlines on Wednesday for use in a U.K. court case against Virgin Group, which Alaska said is trying to charge it millions of dollars so that Alaska's rivals can use the Virgin brand.
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July 09, 2025
OpenAI Must Give Musk Info On Altman Firing In Fraud Suit
A California federal magistrate judge overseeing discovery in Elon Musk's lawsuit challenging OpenAI's now-abandoned transition to a for-profit enterprise ordered the artificial intelligence company to hand over documents related to CEO Sam Altman's brief firing by OpenAI's board, agreeing the information is "relevant" to Musk's charitable trust and fraud claims.
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July 09, 2025
Iowa Urges Judge Not To Block Law Regulating PBMs
The state of Iowa urged a federal judge Tuesday not to halt enforcement of state restrictions on pharmacy benefit managers that took effect earlier this month, arguing that most of the challenged law doesn't apply to the health plans and employers seeking to enjoin it.
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July 09, 2025
7th Circ. Nixes Rail Sharing Order Power For Subpar Service
Federal regulators can't give themselves power to order rail carriers to share shipments with their rivals unless the incumbent railroad's service is "inadequate," a Seventh Circuit panel said in striking a Surface Transportation Board rule designed to empower such mandates when service merely fails certain reliability metrics.
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July 09, 2025
Insurer Rejects Coverage For Ind. Federal Antitrust Suit
An insurer for a digging and pipe services company told an Indiana federal court it should owe no coverage for a civil antitrust lawsuit, pointing in part to an exclusion barring coverage for "personal and advertising injury" arising from the "access or disclosure of confidential or personal information."
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July 09, 2025
4 More Players Follow Vanderbilt QB, Sue NCAA To Play
A Tennessee federal judge on Wednesday scheduled a hearing for July 16 on a bid by four college football players — including two potential future teammates of Vanderbilt University quarterback Diego Pavia — to be allowed to play next season despite the NCAA's five-year rule for eligibility.
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July 09, 2025
4th Circ. Won't Rehear NASCAR Charter Injunction Loss
The Fourth Circuit on Wednesday declined to revisit its recent decision scrapping an injunction that had let two race teams, including one co-owned by NBA great Michael Jordan, keep their charter status while pursuing antitrust claims against NASCAR.
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July 09, 2025
Sandoz, Buyers Defend $275M Deal Amid State Objections
Counsel for consumers, insurers and others urged a Pennsylvania federal court on Tuesday to approve Sandoz and its subsidiaries' $275 million deal settling claims it conspired with other companies to fix some generic drug prices, with Sandoz separately calling states' objections "a paternalistic desire to control private class action settlements."
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July 09, 2025
10th Circ. Won't Rule On Immunity In Dental Dispute
The Tenth Circuit has declined to grant a dental products company immunity from a rival's defamation claims, saying it can't yet rule on the issue since the district court's denial of immunity did not turn on a legal question.
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July 09, 2025
Telecom Consultant Seeks To Enforce Nonsolicitation Deals
A Pittsburgh-based telecommunications consulting firm says three of its employees joined up with a competitor and violated their nonsolicitation agreements by taking certain customers and jobs with them, according to a lawsuit filed in Pennsylvania state court.
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July 09, 2025
T-Mobile Tanks DEI Policies To Meet FCC Chair's Goal
T-Mobile says it will shut down diversity, equity and inclusion programs to align with goals of the Federal Communications Commission's chair as the carrier seeks regulatory approval of two major wireless and fiber deals.
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July 09, 2025
Antitrust Enforcers Beat Google, Try Meta And Keep Going
When U.S. District Judge Leonie M. Brinkema held on April 17 that Google was liable for illegally monopolizing two out of three advertising placement technology markets targeted by the U.S. Department of Justice, her ruling contributed to potentially one of the most consequential convergences of antitrust enforcement in recent memory.
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July 09, 2025
DOJ Charges Oak View CEO With Rigging Arena Project Bid
The U.S. Department of Justice announced an indictment on Wednesday of Oak View Group's CEO Tim Leiweke for allegedly rigging the bid to build and operate the Moody Center arena on the campus of the University of Texas at Austin.
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July 09, 2025
Hecker Fink Welcomes Longtime Cravath Trial Lawyer In NY
Hecker Fink LLP announced Wednesday that a longtime Cravath Swaine & Moore LLP attorney known for her work on high-stakes commercial litigation has joined its New York office.
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July 09, 2025
Auto Giants Get Tentative Antitrust OK For IP Licensing Org
The European Union's executive arm told German auto giants BMW, Mercedes and Volkswagen Wednesday that their new licensing group will comply with the bloc's antitrust regime as long as they let standard essential patent holders opt out of talks, among other conditions.
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July 08, 2025
FCC Should Kill Verizon-UScellular Deal, Trade Group Says
The Rural Wireless Association is not a fan of T-Mobile, Verizon and AT&T's plan to split UScellular between themselves — particularly when it comes to Verizon picking up a hefty share of the phone and internet company's spectrum, the trade group has told the FCC.
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July 08, 2025
Teva Challenge To J&J Antipsychotic Patent Fails At Fed. Circ.
The Federal Circuit on Tuesday rejected Teva Pharmaceuticals USA Inc.'s challenge to the validity of claims in a Johnson & Johnson unit's patent covering a lucrative schizophrenia drug, disagreeing with the generic-drug maker that one of the patent's claims should be presumed obvious.
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July 08, 2025
Biosimilars Industry Group Backs Interchangeability Bill
The current law on how biosimilars are deemed interchangeable or not with their name-brand biologic equivalents has led to public confusion over how safe biosimilars are, a coalition of healthcare industry groups told lawmakers in a letter Monday.
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July 08, 2025
DOJ Antitrust Unit Launches Program To Pay Whistleblowers
The U.S. Department of Justice launched a new program on Tuesday to provide rewards for people who report antitrust crimes related to the postal service, giving whistleblowers the opportunity to receive 30% of any criminal fines recovered for violations.
Expert Analysis
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Navigating Antitrust Risks When Responding To Tariffs
Companies should assess competitive perils, implement compliance safeguards and document independent decision-making as they consider their responses to recent tariff pressures, say attorneys at White & Case.
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Employer Best Practices For Navigating Worker Separations
As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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NCAA Settlement Kicks Off New Era For Student-Athlete NIL
A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Trump Antitrust Shift Eases Pressure On Private Equity Deals
Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.