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Bedoya Exits FTC, But Keeps Up Legal Fight Against Trump
Alvaro M. Bedoya, one of two Democratic Federal Trade Commission members fired by President Donald Trump, gave notice Monday of his formal resignation in order to pursue other work, but emphasized that he is not dropping his lawsuit against the president.
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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.
Editor's Picks
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Google Ad Tech Trial: 15 Days On The Rocket Docket
The Justice Department wrapped an extraordinary antitrust trial last week that left a Virginia federal judge pondering whether Google is even dominant in the display advertising placement technology market or just another player.
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FTC Withdraws From Feds' Merger Review Labor Pact
The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.
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US Antitrust Holds Fast: No 'Environmental Justice' Goals
A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.
Expert Analysis
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Trump Antitrust Shift Eases Pressure On Private Equity Deals
Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Texas Targets Del. Primacy With Trio Of New Corporate Laws
Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Colo. Antitrust Law Signals Growing Scrutiny Among States
Colorado's recently enacted Uniform Antitrust Pre-Merger Notification Act makes it the second state to add such a requirement, reflecting a growing trend and underscoring the need for merging parties to plan for a more complex and multilayered notification landscape for deals, say Puja Patel and Noa Gur-Arie at Cleary.
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Va.'s Altered Surcharge Law Poses Constitutional Questions
Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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How Trump Administration's Antitrust Agenda Is Playing Out
Under the current antitrust agency leadership, the latest course in merger enforcement, regulatory approach and key sectors shows a marked shift from Biden-era practices and includes a return to remedies and the commitment to remain focused on the bounds of U.S. law, say attorneys at Wilson Sonsini.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
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OCC's Digital Embrace Delivers Risk, Opportunity For Banks
As the Office of the Comptroller of the Currency continues to release and seek more information on banks' participation in the crypto-asset arena, institutions may see greater opportunity to pursue digital asset and custody services, but must simultaneously educate themselves on transformations occurring throughout the industry, says Kirstin Kanski at Spencer Fane.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.