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Competition

  • May 13, 2025

    Berkshire Unit Loses Bid To Transfer Commission Fee Suit

    A Berkshire Hathaway unit and a full-service real estate company cannot transfer a proposed class action accusing real estate brokers of conspiring to inflate commissions for home sales out of Missouri federal court, the presiding judge has ruled.

  • May 13, 2025

    Express Scripts, FTC Say Defamation Suit 'Should Proceed'

    The Federal Trade Commission's new Republican leadership is ready to defend against an Express Scripts defamation lawsuit targeting an agency report excoriating it and other pharmacy benefit managers for allegedly inflating drug costs, the agency and the PBM told a Missouri federal judge Monday.

  • May 12, 2025

    Missouri Hit With Sanctions In Generics Price-Fixing Fight

    A Connecticut federal judge Monday agreed to sanction and potentially dismiss for good the state of Missouri from antitrust litigation by state enforcers accusing generic-drug makers of conspiring to raise drug prices, finding Missouri violated a court order by ignoring the drugmakers' repeated discovery requests.

  • May 12, 2025

    GOP Sens. Urge FCC To Overhaul Media Ownership Regs

    Almost two dozen Republican senators have asked the Federal Communications Commission to "modernize the FCC's broadcast ownership rules," loosening regulations to allow "local broadcasters to compete with today's media giants."

  • May 12, 2025

    UTC Again Seeks To Stave Off Lung Drug Competitor In IP Suit

    United Therapeutics Corp. has lodged another challenge trying to block Liquidia Technologies Inc. from selling its own version of the blockbuster lung disease treatment Tyvaso, filing a patent infringement suit in North Carolina federal court.

  • May 12, 2025

    AGs Call Sandoz Deal's Consumer-Side Benefits 'Illusory'

    Dozens of state attorneys general asked a Pennsylvania federal judge to permit intervention into a $275 million settlement resolving generic-drug price-fixing claims from end-payor plaintiffs against Sandoz, arguing the deal threatens relief for consumers and warning that the agreement favors insurers over individuals.

  • May 12, 2025

    Cardholders Can't Revive Visa, Mastercard Swipe Fee Suit

    A New York federal judge on Monday declined cardholders' bid to revive their interchange fee suit against Visa, Mastercard and major banks, saying they failed to show that they were directly harmed by an alleged swipe fee price-fixing conspiracy.

  • May 12, 2025

    More Than Defaults: Google Judge Mulls AI, Search, Browsers

    A D.C. federal judge has three weeks to figure out the last questions he'll ask the U.S. Department of Justice and Google before laying out search monopolization remedies that could help shape the way consumers search, browse and use artificial intelligence.

  • May 12, 2025

    No One Can Challenge Rehab Permit Deal, Conn. Tells Court

    No one is aggrieved by a Connecticut agency settlement that granted a conditional approval to the operator of a substance abuse treatment facility, so no one can challenge it in court, the state attorney general's office argued Monday before the Connecticut Supreme Court.

  • May 12, 2025

    9th Circ. Questions Vegas Casino Room Rate Claims

    A skeptical Ninth Circuit panel had questions Monday for guests accusing Las Vegas casino-hotel operators of using the same software to inflate room rates about what they need to show for their algorithmic pricing claims to survive.

  • May 12, 2025

    Wheelchair Restraint Co. Says Fla. Rival Misled Customers

    An Ohio wheelchair restraint company accused a Florida competitor of false advertising, saying in a bench trial Monday in Florida federal court that it was damaged after the rival distributed a flyer telling dealers its products were the only ones that were federally approved for use in motor vehicles.

  • May 12, 2025

    Calif. Tribe Can't Halt Decision On $700M Casino, Feds Say

    The U.S. Department of the Interior has urged a D.C. federal court to reject a California tribe's bid to temporarily block the department's decision to rescind gambling eligibility for a $700 million casino project.

  • May 12, 2025

    Will Justices Finally Rein In Universal Injunctions?

    The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.

  • May 09, 2025

    J&J Co.'s Catheter Policy Limited Choices, Doc Testifies

    The chief of cardiovascular medicine at healthcare network HonorHealth took the stand Friday in Innovative Health's antitrust case against Johnson & Jonhson unit Biosense Webster, telling a California federal jury that Biosense's refusal to provide clinical support for hospitals that used third-party reprocessed catheters limited physician choice.

  • May 09, 2025

    FTC Says Amazon Hid Doc Calling Bezos 'Dark Arts Officer'

    The Federal Trade Commission has urged a Seattle federal court to impose punitive sanctions on Amazon in the commission's lawsuit accusing the e-commerce giant of trapping consumers into Prime subscriptions, saying Amazon withheld tens of thousands of documents in bad faith by baselessly claiming the documents were privileged.

  • May 09, 2025

    Pathology Lab Urges 8th Circ. Not To Revive Antitrust Claims

    Iowa Pathology Associates told the Eighth Circuit a lower court was right to toss a rival lab's case accusing it of monopolizing the market because the claims are really about the lab's failure to attract enough clients from the competing practice to achieve its expected profits.

  • May 09, 2025

    Split 4th Circ. Revives Naval Engineers' No-Poach Case

    A split Fourth Circuit panel Friday revived a putative class action accusing major shipbuilders and naval engineering consultants of an illegal "no-poach" conspiracy, with the majority holding that just because the alleged conspirators never formalized their purported agreements in writing, it doesn't mean the conspiracy can't be unlawful.

  • May 09, 2025

    Energy Group Backs States' BlackRock Coal Investments Suit

    An energy industry advocacy group backed Texas and several other states' claims that BlackRock Inc. and other investment groups took advantage of their large holdings in publicly traded energy companies to drive up coal prices.

  • May 09, 2025

    Google AI Fixes Are About Tomorrow, DOJ Tells Judge

    The U.S. Department of Justice closed out a D.C. federal court trial seeking to force Google to sell the Chrome browser and prop up rival search engines, with expert testimony arguing Friday that the proposed search monopolization remedies should include artificial intelligence, regardless of what generative AI is like today.

  • May 09, 2025

    4th Circ. Digests 'Unappetizing' Relief For Jordan's NASCAR Team

    The Fourth Circuit on Friday seemed poised to unravel a federal court's injunction allowing two NASCAR teams, including one co-owned by NBA legend Michael Jordan, to continue racing as chartered teams while they pursue antitrust claims against the organization, with one judge saying the teams "can't have your cake and eat it too."

  • May 09, 2025

    Souter's Clerks Remember Him As Humble, Kind And Caring

    Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.

  • May 09, 2025

    Vaping Co. Reaches Deal In Infringement Suit Against Rival

    Florida-based e-cigarette manufacturer VPR Brands has come to terms with the rival it slapped with a patent infringement lawsuit last year for allegedly making and selling vapes that infringe its patented "electronic inhaler" atomizer system.

  • May 09, 2025

    Insulet Seeks $30M In Atty Fees, Costs After Trade Secret Win

    After winning a nearly $60 million judgment in a trade secrets lawsuit against South Korean company EOFlow Co. Ltd., medical device company Insulet Corp. has told a Massachusetts federal judge that it should be granted a little over $30 million in attorney fees and litigation costs in light of the rival's "remarkable" misappropriation of its technology for a wearable insulin patch pump.

  • May 09, 2025

    Off The Bench: Latest NIL Deal Fix, More WWE Court Troubles

    In this week's Off The Bench, the NCAA tries again to get its multibillion-dollar compensation settlement approved, two sets of accusers draw Vince McMahon's history of misconduct at the WWE into their complaints, and the men's tennis tour was ordered to stop threatening players over joining an antitrust suit.

  • May 09, 2025

    Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter

    Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.

Expert Analysis

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    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.

  • How Calif. Algorithmic Pricing Bills Could Affect Consumers

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    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.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    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.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    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.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.

  • Calif. Antitrust Bill Could Alter Enforcement Landscape

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    If enacted, a recently proposed California bill that would strengthen the state’s antitrust law could signal a notable shift in the U.S. enforcement environment, but questions remain about the types of cases the state could pursue, whether other states will follow suit and more, say attorneys at DLA Piper.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • How 2025 Is Shaping The Future Of Bank Mergers So Far

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    Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • China High Court Ruling Could Encourage Antitrust Litigation

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    Practitioners defending U.S. companies in China should take note of a Chinese Supreme Court ruling that plaintiffs can file suits based on either where the alleged action, or where the result of such action, occurred — which will promote civil litigation by minimizing procedural battles over forum selection, says Yang Yang at Leaqual Law Firm.

  • The Revival Of Badie Arbitration Suits In Consumer Finance

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    Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • Navigating The Growing Thicket Of 'Right To Repair' Laws

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    An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

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