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Competition
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August 13, 2025
OpenAI, Microsoft Beat Musk's RICO Claims In For-Profit Fight
OpenAI and Microsoft again beat Elon Musk's racketeering claims in his lawsuit challenging OpenAI's now-abandoned pivot to a for-profit enterprise, after a California federal judge said Tuesday the amended allegations do not provide details on how the companies ran the enterprise through a pattern of racketeering activity.
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August 13, 2025
Media Matters Judge 'Troubled' By FTC Subpoena Args
A D.C. federal judge reacted with incredulity Wednesday to Federal Trade Commission arguments that Media Matters can't challenge a subpoena unless the agency itself sues to enforce it, adding during a hearing that the FTC can't ignore its current leadership's recent history of targeting progressives.
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August 13, 2025
UFC Fights Sanctions Bid, Cites Massive Document Dump
Ultimate Fighting Championship's parent companies told a Nevada federal court Tuesday that they have already filed nearly 4 million pages to comply with discovery deadlines in a wage dispute with fighters, arguing that the fighters' July request for sanctions, including default judgment, is unwarranted.
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August 13, 2025
SPAC Behind EV Maker Nikola, Shareholders Strike Settlement
Stockholders and board members for the blank-check company that took electric-vehicle maker Nikola public said they reached a $6.3 million deal to end a Delaware Chancery Court lawsuit that accused the SPAC of misleading investors about Nikola's prospects.
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August 13, 2025
AI Company Denied A Brief In Multiple Listing Service Dispute
A Washington federal judge rejected an attempt by an artificial intelligence company to argue in a brief that a suit by real estate brokerage Compass against Northwest Multiple Listing Service is part of an anticompetitive litigation strategy.
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August 12, 2025
Fanatics Loses Bid For Bar On Boies Schiller In Antitrust Row
A New York federal judge Tuesday overruled Fanatics Inc.'s objection to an order requiring the sports collectibles company to turn over unredacted versions of licensing agreements to rival Panini America Inc., rejecting Fanatics' bid to place limits on Boies Schiller Flexner LLP attorneys who access the agreements.
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August 12, 2025
Parker-Hannifin Seeks Toss Of $900M Trade Theft, Antitrust Suit
Parker-Hannifin Corp. wants a Texas federal judge to dismiss a fiber optics companies' $900 million trade secrets theft and antitrust lawsuit, arguing in a filing made public Monday the case amounts to a contract dispute that should be handled in New York and the claimed trade secrets had been publicly disclosed.
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August 12, 2025
Delta, Aeromexico Defend Partnership From Antitrust Scrutiny
Delta and Aeromexico are pushing back against the federal government's move to strip their joint venture of its antitrust immunity, saying the move would only punish Delta and American consumers, not the Mexican government for restricting access to Mexico City International Airport.
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August 12, 2025
Google Wants Epic Order Paused For Potential High Court Bid
Google has asked the Ninth Circuit to keep an order requiring it to allow more competition for the Play Store on Android devices on hold while it seeks a rehearing, and potentially a review by the Supreme Court, in the antitrust case being brought by Fortnite developer Epic Games.
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August 12, 2025
Amazon's 'Dark Patterns' Expert Nixed From FTC Prime Suit
Amazon.com Inc. is down a key expert witness after a Washington federal judge ruled that an engineering consultant has offered nothing but his expertise and experience to argue the Federal Trade Commission wrongly accuses the retail giant of using "dark patterns" to trick users into Prime subscriptions.
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August 12, 2025
2nd Circ. Rules Dormant Commerce Clause Covers Marijuana
A split Second Circuit panel on Tuesday ruled that, despite marijuana's federal illegality, the U.S. Constitution prohibits states from privileging their own residents when awarding licenses to cannabis businesses.
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August 12, 2025
FTC Skeptical Of 'Partial' Sale For GTCR Merger Fix
The Federal Trade Commission told an Illinois federal court that enforcers are reviewing an offer by private equity firm GTCR BC Holding to sell parts of a medical device coatings company in order to fix concerns raised by the company's planned purchase of Surmodics, but said a full sale is preferable.
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August 12, 2025
Google Gets $34.5B Chrome Offer Amid Antitrust Fight
Perplexity AI has submitted a $34.5 billion offer to acquire Google's ubiquitous Chrome web browser, according to a Tuesday term sheet obtained by Law360, as part of a proposed antitrust remedy following ongoing U.S. Department of Justice proceedings against Alphabet Inc.'s Google.
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August 12, 2025
Roche Settles Trade Secrets Suit With Stanford And Profs
Subsidiaries of F. Hoffmann-La Roche AG have settled claims with a competing startup founded by Stanford University professors to resolve claims of trade secret theft related to cancer detection technology.
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August 12, 2025
Kirkland Hires Longtime Skadden Antitrust Atty In NY
Kirkland & Ellis LLP announced Monday that an antitrust lawyer with no shortage of multimillion and billion-dollar deals under her belt joined its New York office from Skadden Arps Slate Meagher & Flom LLP.
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August 12, 2025
Software Co. Says Exec's New AI Job Breaches Noncompete
Software-as-a-service firm Anaplan Inc. says a recently promoted vice president who oversaw development of its "first to market" artificial intelligence enterprise planning tool CoModeler has breached noncompete and nonsolicitation agreements by jumping to a direct competitor.
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August 12, 2025
NC Judge Rejects NASCAR's Sanctions Bid In Antitrust Fight
A North Carolina federal judge rejected NASCAR's attempt to have two teams that are suing the organization over antitrust violations sanctioned for allegedly misleading the court, ruling that the request does not move the case forward and is an attempt to garner public sympathy.
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August 12, 2025
Petition Seeks FCC Files On Trump-Skydance Meeting
The head of an artificial intelligence streaming platform called on the Federal Communications Commission to release its findings on his complaint alleging improper lobbying by Skydance Media for its $8 billion merger with Paramount, claiming that Skydance planned an impromptu meeting with President Donald Trump at an April UFC fight.
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August 12, 2025
Disney Accuses InterDigital Of Monopolizing Video Tech
Disney has launched an antitrust lawsuit in Delaware federal court accusing wireless technology company InterDigital Inc. of using its patents to create a monopoly on the market for technology necessary for streaming services.
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August 11, 2025
Feds Charge Mexican Businessmen In Pemex Bribery Scheme
Two Mexican businessmen living in the U.S. are accused of taking part in a bribery scheme to secure at least $2.5 million in business with Mexico's state-owned oil company, Petróleos Mexicanos, the U.S. Department of Justice announced Monday.
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August 11, 2025
Consumers Say Vape Makers Can't Escape Price-Fixing Suit
Buyers of cannabis vape brand CCell are pushing back on two bids seeking to dismiss their consolidated proposed consumer class action in California federal court accusing the Chinese manufacturers and U.S. distributors of organizing a price-fixing scheme, saying the companies' interpretation of antitrust law creates a legal loophole.
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August 11, 2025
Shepherds' Wage-Fixing Suit Survives Another Dismissal Bid
A Nevada federal court has rejected a ranching association's latest attempt to claim immunity from a proposed class action accusing the association and its members of conspiring to suppress the wages of sheepherders who are working on temporary visas.
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August 11, 2025
GTCR Says Sale, Market Nix FTC Med Tech Merger Concerns
Private equity firm GTCR BC Holdings urged an Illinois federal judge not to block its planned $627 million purchase of a medical device coatings company, arguing in a brief made public Friday that a planned divestiture fully resolves Federal Trade Commission concerns.
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August 11, 2025
Hospital Groups Back Challenge Of Merger Notice Overhaul
A pair of hospital trade associations threw their support behind a U.S. Chamber of Commerce case challenging the Federal Trade Commission's new premerger filing requirements, telling a Texas federal court the agency was wrong to invoke the hospital industry when justifying the changes.
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August 11, 2025
What To Watch In Mega Union Pacific-Norfolk Southern Tie-Up
Union Pacific and Norfolk Southern's bold plan to create the nation's first transcontinental railroad owned by a single firm would transform freight transportation in the U.S., but it must first clear a heightened standard for reviewing mega rail mergers that hasn't yet been tested since the standard was set 24 years ago.
Expert Analysis
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
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.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
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.
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Firms Still Have Lateral Market Advantage, But Risks Persist
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.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
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.
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Class Actions At The Circuit Courts: March Lessons
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.
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Calif. Antitrust Bill Could Alter Enforcement Landscape
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.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
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.
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How 2025 Is Shaping The Future Of Bank Mergers So Far
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.
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Series
Adapting To Private Practice: From SEC To BigLaw
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.
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China High Court Ruling Could Encourage Antitrust Litigation
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.
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The Revival Of Badie Arbitration Suits In Consumer Finance
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.
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Making The Case For Rest In The Legal Profession
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.
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4 Ways Women Attorneys Can Build A Legal Legacy
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.
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Navigating The Growing Thicket Of 'Right To Repair' Laws
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.