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Competition

  • June 24, 2025

    FTC Commish Says Enforcement Is The Way, Not Regulation

    The newest member of the Federal Trade Commission was preaching less regulation and increased enforcement as the path toward a more just and competitive business landscape in the United States at a Senate antitrust subcommittee hearing Tuesday afternoon.

  • June 24, 2025

    Arkansas Insurance Dept. Fights Teamsters Plan's ERISA Suit

    The Arkansas Insurance Department is looking to sink a challenge to a state insurance regulation filed by a Teamsters healthcare plan, telling an Illinois federal judge that the regulation isn't preempted by the Employee Retirement Income Security Act and, besides, the plan can't sue the department.

  • June 24, 2025

    9th Circ. Urged To Revive Players' NHL, CHL Antitrust Suit

    Hockey players' unions and individual players have appealed to the Ninth Circuit after a Washington federal judge dismissed their antitrust lawsuit accusing the National Hockey League and the Canadian Hockey League of conspiring to suppress wages for junior league players.

  • June 24, 2025

    Rail Fuel Surcharge MDL Tossed In Sealed Opinion

    Union Pacific Railroad Co., CSX Transportation Inc., Norfolk Southern Railway Corp. and BNSF Railway Co. scored a decisive win Tuesday against roughly 18 years of price-fixing litigation accusing the country's four largest railroad companies of colluding on freight fuel surcharges, in a sealed opinion issued in D.C. federal court.

  • June 24, 2025

    Key House Republican Calls For Telecom Law Reforms

    A top House Republican called Tuesday for reform of the 1992 Cable Act and for loosening the Federal Communications Commission's limits on broadcast media ownership, which he says would help modernize telecommunications law.

  • June 24, 2025

    Calif. AG Asks 9th Circ. To Undo Limits On Pay-For-Delay Ban

    California enforcers on Monday asked the Ninth Circuit to overturn a district court's decision that a state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the Golden State.

  • June 24, 2025

    Visa Can't Duck DOJ's Debit Card Monopoly Case

    A New York federal court has refused to throw out the U.S. Department of Justice's case accusing Visa of illegally maintaining a monopoly over debit card networks, rejecting arguments about the market at issue, discounts offered and the scope of deals with would-be competitors.

  • June 24, 2025

    Another Musk Case, Another Judge Recusal

    A California federal magistrate judge on Tuesday became the latest federal judge to recuse from a case involving Elon Musk, this time stepping down from handling his lawsuit challenging OpenAI's now-abandoned transition to a for-profit enterprise.

  • June 24, 2025

    Apple Assails 'Fundamentally Unfair' App Order At 9th Circ.

    Apple urged the Ninth Circuit on Monday to nix a district court's "unduly punitive" mandate blocking it from charging any commission on iPhone app purchases made outside its systems, arguing an Epic Games injunction redux goes far beyond the original order and attacks conduct that's not illegal under California law.

  • June 24, 2025

    CMA Outlines Potential Fixes For Google Search In UK

    Britain's competition authority on Tuesday proposed applying the country's new digital markets regime to Google's search service and said it is considering potential interventions, including requiring choice screens and setting rules for search rankings.

  • June 24, 2025

    Judge Trims Homebuyer Antitrust Claims Against Brokerage

    A Pennsylvania federal judge found homebuyers showed enough to continue claims that brokerage Hanna Holdings effectively inflated costs for buyers by following rules set by the National Association of Realtors, even while rejecting claims that the firm colluded with competitors.

  • June 23, 2025

    Palantir Reaches Deal With Ex-Employees In AI Secrets Case

    Palantir Technologies Inc. has reached a settlement with former employees it accused of stealing trade secrets to launch a competing artificial intelligence business, according to a notice asking a New York federal judge to let Palantir permanently dismiss its claims.

  • June 23, 2025

    FTC Tells Court Not To Pause Meta's Privacy Order Challenge

    The Federal Trade Commission is pushing back on Meta's request to stay the company's constitutional challenge to the commission's bid to bar the Facebook parent from monetizing children's data for 90 days, saying Meta has done nothing to show it could be harmed by continuing the case.

  • June 23, 2025

    9th Circ. Revives Antitrust Counterclaims Against CoStar

    A Ninth Circuit panel on Monday revived counterclaims accusing CoStar of monopolizing commercial real estate information markets in the company's case accusing a rival of engaging in "industrial-scale" copyright infringement.

  • June 23, 2025

    Media Matters Sues FTC Over 'Retaliatory' Probe

    Media Matters filed a lawsuit against the Federal Trade Commission in D.C. federal court on Monday, asking a judge to shut down the agency's "retaliatory" investigation into the left-leaning media watchdog's reporting on Elon Musk's social media platform X, formerly Twitter.

  • June 23, 2025

    Google Foes Try To Hold Co. To DOJ's Ad Tech Win

    Website publishers, advertisers and others asked a New York federal court to all but seal Google's fate in their multidistrict litigation targeting the company's advertising placement technology business by holding it to the liability findings against the search giant previously won by the U.S. Department of Justice.

  • June 23, 2025

    X Nears Deal In Contract, Antitrust Fight With Data Scraper

    A California federal judge overseeing litigation launched by X Corp. accusing data scraper Bright Data Ltd. of improperly accessing its servers granted the parties' request to stay the case after receiving a joint stipulation stating they'd reached a settlement in principle and were "working diligently" to finalize the deal.

  • June 23, 2025

    Amazon Sanctioned For Hidden Discovery

    A Washington federal judge sanctioned Amazon.com Monday by limiting its use of company documents produced during discovery while giving the Federal Trade Commission more time for discovery, siding with the FTC's allegations that the online retail giant improperly claimed privilege over tens of thousands of documents in the Prime "dark patterns" lawsuit.

  • June 23, 2025

    FTC Puts Viewpoint Commitments In Ad Agency Mega-Deal

    The Federal Trade Commission said Monday it will allow Omnicom to move ahead with its planned $13.5 billion deal for Interpublic after the marketing giants agreed not to work with others to steer advertisers away from publishers based on their political viewpoints.

  • June 23, 2025

    Fubo Streamers Demand Own Attys In Disney Suit Settlement

    Subscribers to the Fubo streaming service asked a California federal judge to name them and their attorney the leads in the recent proposed settlement with Disney over the carriage fees for its sports streaming service, and to be "wary" of a motion to appoint the attorney for the two other classes of streaming customers as lead counsel.

  • June 23, 2025

    SAP Unlikely To Get Celonis Suit Nixed, But Antitrust Claims Iffy

    A California federal judge indicated Monday that he wasn't ready to completely toss technology company Celonis' suit alleging that software giant SAP is pushing it out of a market for business process analysis services but said he was having a "hard time wrapping my brain around your antitrust allegations."

  • June 23, 2025

    Boston Firm Says Competitor Had Secret Deal With Shareholder

    A Boston law firm is accusing a smaller personal injury practice of secretly steering cases and work to a now-former shareholder, including one case that led to a $5 million settlement, according to a lawsuit filed Monday in a Massachusetts state court.

  • June 23, 2025

    DraftKings Social Media Exec Agrees To Delete Rival's IP

    A social media director at DraftKings has agreed to delete alleged trade secrets from his personal ChatGPT account, which his former employer, rival PrizePicks, alleged he stole before changing employers.

  • June 23, 2025

    NC Judge Axes Trucking Co.'s Noncompete For Overreach

    A North Carolina state court judge has truncated a freight factoring company's suit accusing its former client services supervisor of luring clients to a competing business, finding that the complaint fell short of identifying the allegedly stolen trade secrets and that the former employee's noncompete is too broad to be enforced.

  • June 23, 2025

    Judge Lets NASCAR Antitrust Claims Against Teams Proceed

    A North Carolina federal judge Monday rejected a motion to dismiss counterclaims lodged by NASCAR in a lawsuit brought by two racing teams that are accusing the organization of antitrust violations, finding the matter would be best addressed at the summary judgment stage.

Expert Analysis

  • Expect Continued Antitrust Enforcement In Procurement

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    The scope of federal antitrust enforcement under the second Trump administration remains uncertain, but the Procurement Collusion Strike Force, which collaborates with federal and state agencies to enforce antitrust laws in the government procurement space, is likely to remain active — so contractors must stay vigilant, say attorneys at Ballard Spahr.

  • Takeaways From Oral Argument In High Court Trademark Case

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    Unpacking oral arguments from Dewberry Group v. Dewberry Engineers, which the U.S. Supreme Court is expected to rule on this year, sheds light on the ways in which the decision could significantly affect trademark infringement plaintiffs' ability to receive monetary damages, say attorneys at Buchanan Ingersoll.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • Improving Comms Between Trial Attys And Tech Witnesses

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    In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.

  • Navigating Title IX Compliance In The NIL Era

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    As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.

  • National Bank Act Rulings Facilitate More Preemption Analysis

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    Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • Preparing For Stricter Anti-Boycott Enforcement Under Trump

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    Given the complexity of U.S. anti-boycott regulations and the likelihood of stepped-up enforcement under the new administration, companies should consider adopting risk-based anti-boycott compliance programs that include training employees to recognize and assess potential boycott requests, and to report them expeditiously when necessary, say attorneys at Debevoise.

  • Opinion

    New DOJ Leaders Should Curb Ill-Conceived Prosecutions

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    First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.

  • Tips For Pharma-Biotech Overlap Reporting In New HSR Form

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    While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.

  • Complying With Calif. Price-Gouging Law After LA Fires

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    The recent tragic Los Angeles fires have brought attention to the state's sometimes controversial price-gouging protections, and every California business should keep the law's requirements in mind, despite the debate over whether these statutes help consumers, say attorneys at Cooley.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • Opinion

    Congress Must Consider Accurate Data About Patent Thickets

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    If Congress revisits a controversial bill this year aimed at limiting the number of patents pharmaceutical manufacturers could assert, it must make sure to act based on accurate reports — such as a recent U.S. Patent and Trademark Office study that found no evidence of patent thicketing, says David Kappos at the Council for Innovation Promotion.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • SEC Motion Response Could Reveal New Crypto Approach

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    Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.

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