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Competition
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July 01, 2025
Valve Can't Sue Firms Over Alleged Gamer Arbitration Scheme
Valve Corp. cannot sue two law firms over a purported scheme to manipulate arbitration pacts between the video game seller and its customers, a Washington state appellate court has ruled, recognizing that the firms are shielded from liability because their actions were part of their work representing the consumers.
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July 01, 2025
Weichert, EXp Can't Pause Mo. Broker Fees Antitrust Case
A Missouri federal judge rejected Weichert Co. and eXp's bids to stay an antitrust class action accusing the National Association of Realtors and multiple brokerages of conspiring to artificially inflate buyer-broker commission fees.
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July 01, 2025
Google Wants Texas Ad Tech Trial To Wait On DOJ Judge
Google has asked a Texas federal judge to delay the looming August trial in a case from state enforcers targeting its advertising technology until after a Virginia federal judge issues her final judgment in a similar case by the U.S. Department of Justice.
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July 01, 2025
Turkey Cos. Must Face Price-Fix Suit From Litigation Funder
An Illinois federal judge rejected a summary judgment bid from major turkey processors fighting a price-fixing antitrust suit, ruling that a litigation funding company can continue to pursue claims against the poultry processors as a stand-in for wholesale food distributor plaintiffs.
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July 01, 2025
5 Federal Circuit Clashes To Watch In July
The Federal Circuit's argument calendar this month includes Apple's bid to undo a ruling that caused a blood oxygen monitor feature to be pulled from the Apple Watch, and a challenge by Sonos to a decision that torpedoed its $32.5 million speaker patent verdict against Google.
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July 01, 2025
Apple Backers Raise Price, Privilege Concerns At 9th Circ.
Trade groups and advocacy organizations have raised a series of concerns with the Ninth Circuit about a federal district court mandate blocking Apple from charging commissions on iPhone app purchases made outside its systems, arguing an Epic Games Inc. injunction redux improperly compels speech, imperils price-setting autonomy and threatens legal privilege.
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July 01, 2025
The Sharpest Dissents From The Supreme Court Term
The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.
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July 01, 2025
Celebrity Broker's Co. Renews NAR Antitrust Suit
A real estate listing company owned by broker Mauricio Umansky hit the National Association of Realtors with a renewed antitrust suit on Tuesday, alleging in California federal court that the trade group's clear cooperation policy for property listings is anticompetitive.
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July 01, 2025
Deutsche Faces Investor Bid To Renew UK Bond-Rigging Case
An Oklahoma pension fund moved Monday to revive its New York federal court case over alleged price-fixing of U.K. government bonds, citing newly obtained chat transcripts and other material that it says bolster its claims against Deutsche Bank.
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July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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July 01, 2025
Monthly Merger Review Snapshot
The U.S. Department of Justice reached the agency's first three merger settlements of the second Trump administration, clearing deals in the technology and aerospace sectors after divestitures, while the Federal Trade Commission put conditions on an advertising merger. Here, Law360 looks at the major merger review developments from June.
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July 01, 2025
Mich. Judge Halts Mackinac Island Ferry Rate Ordinance
A Michigan federal judge has temporarily blocked Mackinac Island city officials from regulating ferry prices, a move the judge said preserves both the status quo and the availability of ferry service to the tourist destination.
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July 01, 2025
Fantasy Sports Site Drops IP Suit Against DraftKings Director
Fantasy sports platform PrizePicks has agreed to drop a trade secret suit accusing its former social media director of using his personal ChatGPT account to smuggle out company secrets when he took a new position at DraftKings.
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July 01, 2025
House Report Says Ad Group Colluded With Foreign Gov'ts
The World Federation of Advertisers' digital safety initiative targeted conservative voices with a digital advertising pressure campaign meant to "undermine American civil liberties" and "limit" consumer choice up until the project's discontinuation last year, according to a new report from the Republican-controlled House Judiciary Committee.
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July 01, 2025
Pool Co. Can Sell Off Inventory On Amazon Despite Sales Ban
A bankrupt swimming pool equipment company can sell off its remaining inventory on Amazon notwithstanding a contempt order that largely bans its Chinese parent company from selling products in the United States, a North Carolina federal judge has ruled.
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July 01, 2025
Aviva's £3.7B Direct Line Deal Gets CMA Approval
The competition regulator said Tuesday that it has waved through Aviva's £3.7 billion ($5.1 billion) cash and stock acquisition of rival insurer Direct Line, granting the deal its final regulatory clearance.
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June 30, 2025
Trump Tariff Challenge Belongs In Trade Court, Groups Argue
The America First Legal Foundation and Coalition for a Prosperous America on Monday backed the federal government in an appeal brought by toy makers challenging President Donald Trump's emergency tariffs, arguing that the lower court should've never issued an injunction because the dispute belongs in the U.S. Court of International Trade.
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June 30, 2025
UMG Says Drake Insults Are Just Trash Talk, Not Defamation
Universal Music Group on Monday urged a New York federal judge to dismiss a defamation suit from hip-hop star Drake against the record label over the hit dis track "Not Like Us" by his rival Kendrick Lamar, casting Lamar's lyrics as opinion and hyperbole.
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June 30, 2025
Proton Joins Fight Over Alleged Apple App Store Monopoly
Swiss technology company Proton on Monday filed its own proposed class action accusing Apple of monopolizing the markets for iOS app distribution and payment processing, saying this latest suit is needed to ensure Apple changes its App Store policies and permanently end the alleged anticompetitive behavior.
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June 30, 2025
DOJ Allowed To Protect Antitrust Probe Of Fragrance Market
A New Jersey federal court on Monday granted the U.S. Department of Justice permission to intervene in a case against several fragrance companies after enforcers said they need to protect an ongoing criminal probe of the industry over a conspiracy to reduce competition.
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June 30, 2025
Judge Urges DOJ, Assa Abloy To Reach Deal On Extension
A D.C. federal court urged the U.S. Department of Justice and Assa Abloy on Monday to reach an agreement over a request from Fortune Brands Home & Security to extend a supply agreement that was part of a 2023 merger settlement.
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June 30, 2025
Suit Over TV Money Resumes With NCAA's NIL Deal In Place
An antitrust class action that former college athletes have brought demanding a larger share of television revenues from the NCAA is back on, after it was paused in October pending the final approval of a $2.78 billion name, image and likeness settlement between the league and players.
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June 30, 2025
Xockets Sues Amazon, Claiming Data Patent Infringement
Tech startup Xockets Inc. on Monday hit Amazon.com Inc. and Amazon Web Services Inc. with two lawsuits in Texas federal court, claiming infringement of its data processing unit patents that it said are central to advancing artificial intelligence technology.
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June 30, 2025
Meta Gets Court To Pause Its Challenge To FTC Privacy Order
A D.C. federal judge has agreed to pause Meta's constitutional challenge to the Federal Trade Commission's effort to block the company from monetizing children's data, giving other courts hearing separate cases time to weigh in on the commission's structure and an injunction requested by the company before ruling on dismissal.
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June 30, 2025
Justices Won't Disturb 10th Circ. Oklahoma PBM Law Ruling
The U.S. Supreme Court on Monday declined to hear the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a recently enacted law regulating pharmacy benefit managers were preempted by federal benefits laws and Medicare Part D, cementing an industry group's win in the case.
Expert Analysis
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Unpacking FTC's New Stance On Standard-Essential Patents
Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.
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Calif. Antitrust Laws May Turn More Zealous Than US Regs
California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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5 Ways Banking Has Changed In 5 Years Since COVID
Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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A Look At M&A Trends In An Uncertain Deal Environment
Dealmakers are adopting more cautious and deliberate merger and acquisition practices, such as earnout agreements, joint ventures and strategic partnerships that mitigate risk and bridge valuation gaps, amid the slower pace so far in 2025, says Louis Lehot at Foley & Lardner.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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FTC Focus: Synthetic Data Yields Antitrust Considerations
Attorneys at Proskauer explore the burgeoning world of synthetic data, the antitrust implications involved, the Federal Trade Commission's role in regulating this space and practical takeaways from these emerging issues.
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Opinion
Slater Heralds Return To US Antitrust Norms, Innovation
Under recently confirmed Assistant Attorney General Gail Slater, the Antitrust Division of the U.S. Department of Justice can fulfill President Donald Trump's objective to reestablish American economic dominance on the global stage while remaining faithful to antitrust's core principles, says Ediberto Roman at the Florida International University College of Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.