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Competition
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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.
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June 30, 2025
Dunn Isaacson Now In NY, Calif. With Latest Paul Weiss Hires
Two more litigators from Paul Weiss Rifkind Wharton & Garrison LLP who have represented top technology companies and other clients in court battles have joined Dunn Isaacson Rhee LLP.
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June 30, 2025
Apple Can't Duck DOJ Monopolization Lawsuit
A New Jersey federal judge refused Monday to let Apple duck the U.S. Department of Justice lawsuit accusing the company of monopolizing smartphone markets, crediting DOJ allegations about the restrictions Apple imposes on iMessage, smartwatch compatibility, mobile wallets, cloud gaming and more.
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June 30, 2025
Baker McKenzie Hires Consumer Protection Prosecutor In DC
An 18-year veteran of the U.S. Department of Justice's Consumer Protection branch has left the agency to join Baker McKenzie LLP's Washington, D.C., office, where he'll work with a former colleague who was recently named leader of the practice group he is now joining, the firm announced Monday.
Expert Analysis
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Current Antitrust Zeitgeist May Transcend Political Parties
The Trump administration's "America First" antitrust policy initially suggests a different approach than the Biden administration's, but closer examination reveals key parallels, including a broad focus on anticompetitive harm beyond consumer welfare and aggressive enforcement of existing laws, say attorneys at Arnold & Porter.
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Opinion
Courts Must Revitalize Robust Claim Construction
Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.
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State Tort Claims May Help Deter Bribes During FCPA Pause
As the U.S. pauses Foreign Corrupt Practices Act enforcement, companies that lose business due to competitors' bribery should consider using state tortious interference suits to expose corruption, deter illegal practices and obtain compensation for commercial losses, says Jason Manning at Levy Firestone.
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Google Ad Tech Ruling Creates Antitrust Uncertainty
A Virginia federal court’s recent decision in the Justice Department’s ad tech antitrust case against Google includes two unusual aspects in that it narrowly construed U.S. Supreme Court precedent when rejecting Google's two-sided market argument, and it found the company liable for unlawful tying, say attorneys at Ballard Spahr.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Pace Of Early Terminations Suggests Greater M&A Scrutiny
The nascent return of early termination under the Hart-Scott-Rodino Act shows a more limited use than before its 2021 suspension under the Biden administration's Federal Trade Commission, suggesting deeper scrutiny of mergers and acquisitions across the board, says Michael Wise at Squire Patton.
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And Now A Word From The Panel: A Rare MDL Petition Off-Day
In an unusual occurrence in the Judicial Panel on Multidistrict Litigation's history, there are zero new MDL petitions scheduled for Thursday's hearing session, but the panel will be busy considering a host of motions regarding whether to transfer cases to eight existing MDL proceedings, says Alan Rothman at Sidley.
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Customs Fraud Enforcement In The Age Of Tariffs
In the wake of the Trump administration’s new approach toward tariffs, two recent Justice Department developments demonstrate aggressive customs fraud enforcement, with the DOJ emphasizing competitive harm to American businesses, and signaling that investigations will likely involve both civil and criminal enforcement tools, say attorneys at Bernstein Litowitz and London & Naor.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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4 Ways Slater Is Priming DOJ For Continued Antitrust Success
Just as Jonathan Kanter did during his recent tenure leading the U.S. Department of Justice's Antitrust Division, Assistant Attorney General Gail Slater is following the effective blueprint set by Thurman Arnold when he modernized the division more than 80 years ago, says Perry Apelbaum at Kressin Powers.
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What EU 'Killer Acquisition' Study Means For Pharma Deals
The European Commission’s recent study of pharmaceutical companies' acquisitions of emerging competitive threats, the first of its kind globally, has important implications for the industry, and may lead to increased awareness of merger control risks in collaborative agreements, say lawyers at Paul Weiss.
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Why Texas Should Slow Down On Healthcare Merger Bills
More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.