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Competition

  • April 28, 2025

    9th Circ. Nixes COVID-19 App Suit Appeal Against Apple

    The Ninth Circuit has once again shut the door on a doctor's suit accusing Apple of illegally refusing to distribute his COVID-19 tracking app through its app store, affirming a lower court ruling from October 2024 that denied his motion to reopen.

  • April 28, 2025

    Compass Calls Wash. Listing Service Rules Anticompetitive

    Compass told a Washington federal court that Northwest Multiple Listing Service and its broker-led board of directors have stifled competition, thwarting a product that allows home sellers to test home sales privately before registering them with the multiple listing service.

  • April 28, 2025

    Rutgers Football Player Gets NCAA Transfer Rule Reprieve

    A Rutgers University football player will get to play for the school in the upcoming season, after a New Jersey federal judge ordered the NCAA to waive its rule cutting short eligibility for former junior college athletes, a rule that has largely survived multiple recent court challenges.

  • April 28, 2025

    Accuser Seeks $630K Sanction For Wright Defamation Suit

    A Freshfields LLP counsel who claimed she had been pressured into engaging sexually with her George Mason University law professor Joshua Wright — and who subsequently was hit with a $108 million defamation suit in Virginia state court — is seeking more than $630,000 in sanctions for his allegedly "costly yearslong baseless litigation" against her.

  • April 25, 2025

    Google Exec Warns Of 'Shadow' Of Chrome If DOJ Wins Sale

    Chrome's top executive told a D.C. federal judge Friday that the Justice Department's bid to force the sale of Google's prized web browser would cause a dramatic degradation in quality for a product that is used by over one billion people and is heavily integrated into the rest of Google.

  • April 25, 2025

    Thomson Reuters Tells 3rd Circ. AI Fair Use Appeal Is Too Early

    Thomson Reuters on Thursday urged the Third Circuit to reject tech startup Ross Intelligence's bid for a quick appeal focusing on two key questions from a trial court decision concluding it infringed the Westlaw platform to create an artificial intelligence-backed competing legal research tool.

  • April 25, 2025

    Judge Urges Creativity For Nonparties In Sprint Merger Row

    T-Mobile, a group of Verizon and AT&T subscribers and a host of nonparty mobile carriers and network operators must try again to hash out a creative yet reasonable way to shield confidential information from the nonparties' anticipated discovery in litigation challenging T-Mobile's merger with Sprint, an Illinois magistrate judge has said.

  • April 25, 2025

    Sutter Health To Pay $228M In Years-Old Antitrust Suit

    A class of millions of health insurance premium payors asked a California federal judge Friday to greenlight an eleventh-hour $228.5 million settlement resolving their long-running claims that hospital chain Sutter Health drives up costs by pushing all-or-nothing network deals on insurers.

  • April 25, 2025

    Telecom Org. Demands FCC Rethink Copper Retirement

    A group made up of former FCC officials and telecom industry experts is hopping mad about the Federal Communications Commission's move to retire copper lines and move toward newer technology, calling it an "embarrassment of monumental proportions."

  • April 25, 2025

    Live Nation Investors Get 1st OK For $20M Eras Tour-Tied Deal

    Event ticketing giant Live Nation and its shareholders on Friday secured a California federal judge's initial green light for their proposed $20 million deal to end proposed class action claims alleging the company misled shareholders in the face of anticompetitive allegations involving its Ticketmaster subsidiary following its missteps selling tickets for pop star Taylor Swift's Eras Tour.

  • April 25, 2025

    Google Ad Tech Judge Wants To Get Moving On Remedies

    The Virginia federal judge overseeing the government's ad tech monopolization case against Google issued an order on Friday calling for a hearing over her concerns about the length of time the sides are requesting to prepare for a trial to determine potential remedies.

  • April 25, 2025

    Trimmed Challenge To Fla. Lab-Grown Meat Ban Moves Ahead

    A Florida federal judge Friday largely disposed of a food technology company's lawsuit challenging the state's law that bans cultivated, or lab-grown, meat products but kept alive a claim that the law is unconstitutional because it violates the company's right to sell its products through interstate commerce.

  • April 25, 2025

    7th Circ. Upholds Mixed Verdict Over Rolling Paper Ads

    The Seventh Circuit upheld all aspects of a mixed verdict in a dispute between two rolling paper companies, saying that manufacturer HBI International had not violated the Lanham Act but also leaving in place a nationwide injunction against some of the company's advertising practices.

  • April 25, 2025

    Low-Power Stations Seek To Avoid Next-Gen TV Mandate

    Low-power TV broadcasters are urging the Federal Communications Commission not to force stations like theirs to transition to "NextGen TV," calling the consumer uptake of NextGen-enabled televisions "laughable" and saying advancements are still being made in standard HDTV technology.

  • April 25, 2025

    Feds Say Tariff Fight Belongs In International Trade Court

    The Trump administration wants to litigate a challenge to its tariffs in a federal trade court, not the D.C. district court, arguing that the U.S. Court of International Trade is the only venue with jurisdiction to hear the case.

  • April 25, 2025

    Ex-Google Engineer Claims Coercion In AI Trade Secrets Case

    A former Google software engineer accused of stealing artificial intelligence trade secrets for Chinese startups has asked a California federal court to suppress statements he made to government investigators, alleging they used forceful tactics during an interrogation and did not read him his Miranda rights.

  • April 25, 2025

    Off The Bench: NIL Deal Drama, Oakley v. MSG, Transfer Rules

    In this week's Off The Bench, the landmark $2.78 billion settlement to compensate college athletes hits a snag, a former New York Knick's assault case against Madison Square Garden may be on shaky ground, and Vanderbilt University's quarterback fights to protect his successful challenge against the NCAA's eligibility rules.

  • April 25, 2025

    EU Probing Universal Music's $775M Deal For Downtown

    European enforcers are reviewing a planned deal for Universal Music Group to buy Downtown Music Holdings for $775 million, after receiving a referral from competition authorities in Austria and the Netherlands.

  • April 25, 2025

    U. Of Montana Athlete Is Latest To Test NCAA Transfer Rules

    A basketball player who transferred from a Division II institution to the University of Montana last season sued the NCAA in federal court Friday, becoming the latest to challenge the eligibility limits on athletes transferring from non-Division I schools.

  • April 25, 2025

    10th Circ. Backs Spirit Aero's $31M Clawback From Ex-CEO

    The Tenth Circuit on Friday backed Spirit AeroSystems Inc.'s decision to claw back $31 million worth of stock awards because a former CEO violated his noncompete agreement with the aircraft structure manufacturer, holding a lower court properly ruled the employment pact was enforceable under Kansas law.

  • April 25, 2025

    Insulet's $452M Trade Secrets Award Reduced To $59.4M

    A $452 million trade secrets jury award for Insulet Corp. has been cut to $59.4 million by a Massachusetts federal judge who said the reduction is necessary to avoid double recovery and to comply with the law, following a trend where courts have reduced large jury awards in trade secret cases.

  • April 24, 2025

    Circuit-By-Circuit Guide As Justices Confront Class Cert. Split

    The U.S. Supreme Court is set for climactic arguments over class certification standards that have cleaved circuits from coast to coast for much of the past two decades, teeing up a make-or-break ruling for many class actions and a transformative event for legal practice in the swelling litigation realm.

  • April 24, 2025

    Google Case Judge Weighs Rivals' Data Needs Against Privacy

    The D.C. federal judge weighing whether to break off the Chrome browser and force Google to share data with search engine rivals zeroed in Thursday on the balancing act between propping up other competitors and protecting the search data the Justice Department says they need to compete effectively.

  • April 24, 2025

    Ex-OpenAI Workers, Nobel Laureates Back Musk OpenAI Fight

    A group of former OpenAI employees and artificial intelligence experts, including some Nobel laureates, have urged the California and Delaware attorneys general to block OpenAI's move to take the company private, arguing that the attorneys general "have both the authority and duty to protect OpenAI's charitable trust and purpose."

  • April 24, 2025

    ServiceNow To Give Enforcers More Time On $2.85B AI Deal

    ServiceNow said it plans to give enforcers more time to review a planned deal to expand its artificial intelligence offerings through the $2.85 billion purchase of fellow California-based software company Moveworks.

Expert Analysis

  • Private-Bidding Compliance Lessons From Siemens Plea Deal

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    Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.

  • FTC Report On AI Sector Illuminates Future Enforcement

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    The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar

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    A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • How FTC Sent A $5.6M Warning Against Jumping The Gun

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    The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.

  • Predicting Where State AGs Will Direct Their Attention In 2025

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    In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.

  • A Look At FDA's Plans To Establish New OTC Drug Category

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    The U.S. Food and Drug Administration's recently finalized rule, creating a new over-the-counter pathway for drugs when patients satisfy certain conditions, may be useful for off-patent drugs with established safety records, though switching to OTC comes with additional costs and considerations, say attorneys at Skadden.

  • Chancery May Have Raised Bar For Books, Records Requests

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    The Delaware Court of Chancery recently approved the denial of a books and records demand against Amazon, raising important questions about what evidence and purpose a stockholder is required to show to succeed on such a request, say attorneys at Selendy Gay.

  • FTC Privacy Enforcement Takeaways From 2024

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    In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Mass Arbitration Procedures After Faulty Live Nation Ruling

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    Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.

  • How DOGE's Bite Can Live Up To Its Bark

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    All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.

  • Small Biz Caught In Corporate Transparency Act Crossfire

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    Despite compliance being put on hold due to a nationwide preliminary injunction, small businesses have been caught in the middle of the legal battle over the Corporate Transparency Act — and confusion over the law's requirements could result in major penalties, say attorneys at Snell & Wilmer.

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