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Competition
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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.
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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.
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June 23, 2025
Porsche Importer, Dealer Are Sued At CAT Over 'Reseller Ban'
A premium sports car part reseller has sued two U.K. Porsche subsidiaries, accusing them of abusing their dominant position by refusing to sell vehicle components to independent repairers, Britain's antitrust tribunal said Monday.
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June 23, 2025
Compass Sues Zillow Over Listing Ban
Real estate brokerage Compass sued Zillow in New York federal court Monday, alleging its ban on private listings and coordination with competitors to enforce it amounts to monopolistic behavior.
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June 23, 2025
Medical AI Co. Says Rival Targeted 'Crown Jewel' Source Code
OpenEvidence, a Massachusetts artificial intelligence company focusing on medical information, has filed a lawsuit in federal court accusing a competitor of using misappropriated personal information and sophisticated prompts in an attempt to pry trade secrets from the startup's platform.
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June 23, 2025
UK Basketball Clubs Sue Governing Body Over League Split
Members of a professional basketball league in Britain are suing the sports governing body in a London court, alleging competition breaches, following what they believe to be the latest development to stop them from operating. Â
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June 23, 2025
Justices Pass On La. Regulators' Tesla Sales Ban
The U.S. Supreme Court on Monday declined to review a Fifth Circuit decision that revived Tesla's lawsuit accusing Louisiana car dealers and regulators of illegally excluding the direct-sale automaker from the state, following a notification from the parties of their intent to reach a settlement.
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June 23, 2025
Getty-Shutterstock $3.7B Merger Faces UK Scrutiny
Britain's antitrust watchdog said Monday that it is looking into the proposed merger of Getty Images Holdings Inc. and Shutterstock Inc. to create a $3.7 billion visual content company, to decide if it will harm competition in U.K. markets.
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June 20, 2025
Supreme Court Won't Leapfrog DC Circ. Over Trump's Tariffs
The U.S. Supreme Court rejected a request from two Illinois-based toy makers challenging President Donald Trump's emergency tariffs to consider their case before it is reviewed by the D.C. Circuit.
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June 20, 2025
Many Foreign Firms Could Face Stricter Access To US Markets
The U.S. Securities and Exchange Commission's reevaluation of the definition of a foreign private issuer could have far-reaching consequences, potentially tightening access to U.S. markets for companies based in China and beyond, lawyers say.
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June 20, 2025
Texas High Court Finds Pilots Union's Can Sue Over 737 Max
The Texas Supreme Court on Friday put wind beneath the wings of a Southwest Airline Pilots Association's suit aiming to hold Boeing responsible for its members' economic losses after regulators grounded the 737 Max aircraft, finding the Railway Labor Act does not preempt the union's claims.
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June 20, 2025
Feds, Dems Debate Impact Of Resignation On FTC Firing Case
The Trump administration told a D.C. federal court the recent resignation of a fired Federal Trade Commission member strips the court of jurisdiction over his claims seeking to be reinstated, while the two Democrats argued the resignation has no impact.
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June 20, 2025
Apple Opposes Class Cert. Bid In Mobile Wallet Monopoly Suit
Apple Inc. has pushed back against a bid for class certification in a suit accusing it of unlawfully monopolizing the "tap and pay" mobile wallet market for its own devices by blocking competition, saying the bid does not offer common evidence to support the plaintiffs' various claims.
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June 20, 2025
Fla. Bill Aims To Boost Employer Noncompete Power
The Florida Legislature continued in its efforts to make the Sunshine State attractive to businesses with a bill this past session that would create one of the most employer-friendly noncompete statutory frameworks in the country.
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June 20, 2025
Texas Jury To Decide Google Ad Tech Liability, Not Damages
A Texas federal judge is giving Google only partial reprieve from facing a jury on state attorneys general claims targeting its advertising placement technology business, leaving liability under federal antitrust law and any damages up to the court, while letting most state law claims go to the jury.
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June 20, 2025
Off The Bench: Lakers Sale, NASCAR Antitrust, NIL Appeals
In this week's Off The Bench, the Lakers fetch a $10 billion valuation as a new owner takes control of the franchise, a federal judge urges litigants in the NASCAR antitrust brawl to settle, and appeals pile up against the NCAA's landmark $2.78 billion athlete compensation settlement.
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June 20, 2025
DC Circ. Rejects Chicago Suburbs' Rail Merger Challenge
A D.C. Circuit panel has rejected a petition from Chicago suburbs that are challenging the approval of Canadian Pacific Railway Ltd.'s $31 billion merger with Kansas City Southern Railway Co., finding that regulators addressed the environmental and other concerns the communities raised.
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June 20, 2025
PE Firm Demands FDA Docs For Defense In Deal Challenge
Private equity firm GTCR BC Holdings LLC is seeking a court order for the U.S. Food and Drug Administration to produce over a decade's worth of medical device approval applications, arguing the documents are necessary in its defense against a merger challenge by the federal government.
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June 20, 2025
Pearson Warshaw, Fegan Scott To Steer PVC Antitrust Class
Pearson Warshaw LLP and Fegan Scott LLC have been tapped as lead counsel for a new class of end-user plaintiffs in consolidated litigation accusing polyvinyl chloride pipe companies of using a commodity pricing service to exchange information and illegally fix prices.
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June 20, 2025
Energy Data Co. Can't Shut Off Info Supply To Rival
The Competition Appeal Tribunal has blocked an energy data supplier from suspending its services to a competitor following an allegation that the move is an abuse of its de facto monopoly over U.K. meter usage data.
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June 20, 2025
Nose Spray Co. Sues FTC Over Substantiation Requirement
Nasal spray maker Xlear Inc. is suing the Federal Trade Commission in Utah federal court, seeking a declaration that the agency is going beyond its statutory mandate by requiring scientific substantiation in marketing claims, even if the claims are not false and misleading.
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June 20, 2025
Taxation With Representation: Latham, Paul Weiss, Covington
In this week's Taxation With Representation, Nippon Steel closes its purchase of U.S. Steel, Hunter Point Capital buys a minority stake in Equitix, Eaton acquires Ultra PCS Ltd. from the Cobham Ultra Group, and Eli Lilly and Co. acquires Verve Therapeutics.
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June 19, 2025
Google Suffers Setback In Bid To Overturn €4B Antitrust Fine
Google suffered a blow in its bid to overturn to a €4.1 billion ($4.7 billion) antitrust fine on Thursday when an adviser to Europe's top court said it had failed to present proper legal grounds to challenge the penalty for unlawful market abuse using its mobile phone operating system.
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June 18, 2025
Tesla Says Justices Shouldn't Wait On La. Auto Sales Law
Tesla is asking the U.S. Supreme Court not to push off considering Louisiana regulators' petition seeking to appeal the revival of a lawsuit brought by the electric-car maker targeting the state's ban on direct sales by automakers, even though the state has asked the justices to wait.
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June 18, 2025
DC Judge Delves Into Facts Of Long-Running Price-Fix MDL
A D.C. federal judge spent four hours Wednesday morning trying to sort out the facts in sprawling, long-running multidistrict litigation accusing the country's four largest railroad companies of fixing fuel surcharge prices, so that she can tackle summary judgment.
Expert Analysis
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FTC Focus: Avoiding 'Gun Jumping' Violations
The Federal Trade Commission's recent record $5.6 million "gun jumping" enforcement action against XCL Resources, EP Energy and Verdun Oil sends a clear message about the seriousness of violations of the Hart-Scott-Rodino Act's premerger requirements, and highlights compliance tips such as avoiding premature integration of operations, say attorneys at Proskauer.
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Drug Pricing Policy Trends To Expect In 2025 And Beyond
Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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How Views On Healthcare Price Transparency Are Changing
Regulators' attitudes toward price transparency regulation have shifted over the past several years in ways that may seem contradictory, and research into detailed rate information published by hospitals and health plans has yielded mixed results, says Matthew List at Charles River Associates.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.
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What BT Ruling Will Mean For UK Class Actions
The Competition Appeal Tribunal’s recent dismissal of a £1.3 billion mass consumer claim against BT, the first trial decision for a U.K. collective action, reminds claimants and funders of the high bar for establishing an abuse, and provides valuable insight into how pending mass consumer cases may be resolved, say lawyers at Ashurst.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.