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Competition

  • June 06, 2025

    Free Speech Shields Rehab From Permit Suit, Court Says

    A Connecticut drug treatment facility does not have to face claims, including unfair trade practices, lodged by a prospective competitor amid a contentious permit battle, a state appellate panel ruled Friday, finding that the state's anti-SLAPP statute is fatal to the case.

  • June 06, 2025

    European Soccer Org. Under Fire For Stifling 'Super League'

    Spain's competition watchdog opened an investigation into European soccer's governing body on Friday, focusing on a series of agreements it struck with top flight clubs to prevent them from joining the so-called Super League project backed by promoter A22 Sports Management.

  • June 06, 2025

    Top EU Court Urged To OK IP Rates In Czech Hotel Music Row

    An adviser to the European Union's top court has held that installing TVs and radios in empty hotel rooms constitutes a "communication to the public" that triggers royalty payments, contradicting a ruling by a Czech watchdog to fine a copyright management organization.

  • June 06, 2025

    Off The Bench: NASCAR Antitrust Saga, White Sox Transfer

    In this week's Off The Bench, an appeals court says Michael Jordan's auto racing team cannot compete amid an antitrust suit against NASCAR, the Chicago White Sox start a long ownership transfer process, and the woman who accused a college football coach of sexual harassment sues the university over its handling of the complaint.

  • June 05, 2025

    Poultry Workers Get Final OK On $398M Wage-Fixing Deals

    A Maryland federal judge granted final approval Thursday to settlements worth nearly $400 million for poultry processing workers who claimed that the nation's biggest chicken producers conspired to suppress their wages.

  • June 05, 2025

    Sens. Float Automatic Biosimilar Interchangeable Label

    A bipartisan group of U.S. senators has reintroduced legislation that would reduce what the lawmakers called barriers to accessing lower-cost versions of biologic drugs, making an adjustment to how biosimilars are deemed interchangeable with their name-brand equivalents.

  • June 05, 2025

    $1.36B Home Healthcare Deal Dropped Amid FTC Scrutiny

    Healthcare solutions company Owens & Minor said Thursday that it's abandoning its $1.36 billion plan to buy home-based care business Rotech Healthcare Holdings after the Federal Trade Commission's scrutiny proved too much to bear.

  • June 05, 2025

    Music Lyrics Co. Slams $1B Antitrust Suit Over Warner Deal

    Music data company Musixmatch urged a California federal judge to end rival LyricFind Inc.'s $1 billion suit alleging it has a monopoly in the market for providing lyrics to streamers like Spotify after inking an exclusive deal with Warner Music to distribute its titles, arguing Warner is legally allowed to solely license its intellectual property to Musixmatch.

  • June 05, 2025

    DOJ Says Cross-Border Monopoly Member Deserves 11 Years

    The U.S. Department of Justice is seeking 11 years in prison and a $2 million fine for a man who pled guilty to charges tied to the running of a cross-border used-car transport business, which prosecutors say used violence to keep competition at bay.

  • June 05, 2025

    Juul Beats Distributor's E-Cig Price Discrimination Suit

    An Illinois federal judge Wednesday permanently dismissed a price discrimination suit against Juul Labs, finding that a gas station distributor alleging it was given worse terms than a rival on e-cigarette products torpedoed its own case when it removed details of the alleged market from its latest complaint.

  • June 05, 2025

    DOJ Wants Fix-It-1st Mergers, Not 'Fix-It-2nd'

    The U.S. Department of Justice Antitrust Division's top merger official walked a fine line Wednesday between avoiding "a lingering regulatory review tax" on benign transactions and over-confident prognostications that markets will "self-correct" without intervention, and between encouraging companies to address concerns upfront and "shadow" settlements with the government.

  • June 05, 2025

    La. Track Athlete Latest To Challenge NCAA Eligibility Rules

    A graduate student at Southeastern Louisiana University has told a Louisiana federal court that the NCAA should not deny him another year of eligibility in track and field next year, because he is still within his five-year window to compete in four seasons.

  • June 05, 2025

    DOJ Says NCAA Eligibility Rule May Benefit Student-Athletes

    The U.S. Department of Justice is weighing in on the NCAA's eligibility rule, saying it is not asserting a position but asking the court to take a measured approach when considering the preliminary injunction request of a University of Tennessee basketball player.

  • June 05, 2025

    4th Circ. Stalls Jordan's NASCAR Team During Antitrust Suit

    The Fourth Circuit on Thursday threw a caution flag in a much-publicized antitrust suit against NASCAR by vacating an injunction that let two teams — including one co-owned by NBA legend Michael Jordan — keep their charter status while they pursue claims against the league.

  • June 04, 2025

    Apple Loses Bid To Pause App Store Order Amid Appeal

    A Ninth Circuit panel Wednesday refused to lift a lower court's injunction mandating certain App Store policy changes while Apple appeals it, saying that it wasn't "persuaded that a stay is appropriate" in the high-profile litigation brought by Epic Games.

  • June 04, 2025

    Calif. Won't Get Insulin Pricing Case Sent Back To State Court

    The New Jersey federal judge overseeing multidistrict litigation accusing Express Scripts, CVS Caremark and other pharmacy benefit managers of conspiring to fix the prices of insulin on Wednesday refused to ship a case brought by the state of California back to state court.

  • June 04, 2025

    USPTO Says Study Disproves Pharma Patent Thicket Claims

    A U.S. Patent and Trademark Office unit has found that pharmaceutical patent thickets are rare after investigating arguments about their effect on drug pricing, the division's leader said Wednesday as part of a discussion on large patent families.

  • June 04, 2025

    NC Biz Court Bulletin: TikTok Tussle And Merger Melee

    Spring has sprung momentous decisions and quiet resolutions in some of the North Carolina Business Court's top cases, from clearing for trial the attorney general's suit over a hospital's post-merger standard of care to Cadwalader Wickersham & Taft LLP dropping its coverage dispute over a 2022 data breach.

  • June 04, 2025

    FIFA Slams Atty's Bid To 'Circumvent' DQ In Puerto Rico Case

    A Puerto Rican attorney may not sidestep a disqualification order by dropping his personal claims from an antitrust case against FIFA in which he is both counsel and plaintiff, the organization told a federal judge Wednesday, arguing the lawyer is a "necessary fact witness" and therefore a conflict is unavoidable.

  • June 04, 2025

    FTC Fights Attys Who Want State Bar Input On Ethics Worries

    The Federal Trade Commission doesn't want staff attorneys to be able to seek state bar association guidance if they dispute the legality of an instruction, arguing in a fight with the FTC's union that seeking such guidance would gum up the gears of commission work.

  • June 04, 2025

    SEC Seeks Input On Tightening Perks For Foreign Issuers

    The U.S. Securities and Exchange Commission agreed Wednesday to seek public input on whether foreign companies should continue to be granted accommodations to list in the U.S., noting that global markets have changed significantly since such rules were adopted.

  • June 04, 2025

    Dish Wants Court To Act On T-Mobile Case Discovery Dispute

    Dish told an Illinois federal judge it is at an impasse with wireless customer plaintiffs seeking documents in their case against T-Mobile over its 2020 acquisition of Sprint, saying it met with the plaintiffs four times regarding their subpoenas, but the sides have been unable to find a compromise.

  • June 04, 2025

    Jack Nicklaus' Defamation Suit Can Stay In Fla., Court Says

    A Florida appeals court ruled Wednesday that golf legend Jack Nicklaus can keep his defamation lawsuit against Nicklaus Cos. LLC in the state, despite a forum selection clause between the two that designated New York as the required venue.

  • June 04, 2025

    ACC, FSU, Clemson Drop Suits After Reaching Revenue Deal

    The Atlantic Coast Conference, Florida State University and Clemson University have officially ended their legal battle spanning a year and a half and three state courts, dismissing their suits and countersuits three months after agreeing on a new plan to generate and divide athletic revenue.

  • June 04, 2025

    DOJ Won't Have To Give Agri Stats Specific Data Fields

    A Minnesota federal court refused to force the U.S. Department of Justice to identify specific data fields in industry reports produced by Agri Stats that allegedly allow meat processors to share sensitive information, finding the case is not centered on individual data points.

Expert Analysis

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • A Look At M&A Trends In An Uncertain Deal Environment

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    Dealmakers are adopting more cautious and deliberate merger and acquisition practices, such as earnout agreements, joint ventures and strategic partnerships that mitigate risk and bridge valuation gaps, amid the slower pace so far in 2025, says Louis Lehot at Foley & Lardner.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • FTC Focus: Synthetic Data Yields Antitrust Considerations

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    Attorneys at Proskauer explore the burgeoning world of synthetic data, the antitrust implications involved, the Federal Trade Commission's role in regulating this space and practical takeaways from these emerging issues.

  • Opinion

    Slater Heralds Return To US Antitrust Norms, Innovation

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    Under recently confirmed Assistant Attorney General Gail Slater, the Antitrust Division of the U.S. Department of Justice can fulfill President Donald Trump's objective to reestablish American economic dominance on the global stage while remaining faithful to antitrust's core principles, says Ediberto Roman at the Florida International University College of Law.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • How Latin American Finance Markets May Shift Under Trump

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    Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • 4th Circ. Health Data Ruling Opens Door To State Law Claims

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    In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Key Takeaways From The 2025 Spring Antitrust Meeting

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    Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

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