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Competition

  • July 08, 2025

    Teva Challenge To J&J Antipsychotic Patent Fails At Fed. Circ.

    The Federal Circuit on Tuesday rejected Teva Pharmaceuticals USA Inc.'s challenge to the validity of claims in a Johnson & Johnson unit's patent covering a lucrative schizophrenia drug, disagreeing with the generic-drug maker that one of the patent's claims should be presumed obvious.

  • July 08, 2025

    Biosimilars Industry Group Backs Interchangeability Bill

    The current law on how biosimilars are deemed interchangeable or not with their name-brand biologic equivalents has led to public confusion over how safe biosimilars are, a coalition of healthcare industry groups told lawmakers in a letter Monday.

  • July 08, 2025

    DOJ Antitrust Unit Launches Program To Pay Whistleblowers

    The U.S. Department of Justice launched a new program on Tuesday to provide rewards for people who report antitrust crimes related to the postal service, giving whistleblowers the opportunity to receive 30% of any criminal fines recovered for violations.

  • July 08, 2025

    4th Circ. Won't Pause Ex-Naval Engineers' No-Poach Ruling

    The Fourth Circuit on Tuesday sent a revived class action alleging that shipbuilding military contractors used no-poach agreements to suppress wages back to district court, rejecting the contractors' motion for a stay while they prepare to send a certiorari petition to the U.S. Supreme Court.

  • July 08, 2025

    'Practice Better Judgment,' Judge Tells Comscore Foe

    A California federal judge "strongly" admonished a film distribution and data company for filing an amended monopolization complaint against Comscore on the Fourth of July, while also concluding that the filing mooted, for now, a bid to force the box office giant to continue sharing data.

  • July 08, 2025

    Judge Doubts OpenAI Rival Used Similar TM Commercially

    A California federal judge appeared skeptical Tuesday that Open Artificial Intelligence Inc. began using its name commercially earlier than ChatGPT developer OpenAI Inc., pushing the lesser-known company for evidence and expressing impatience over what she viewed as a lack of any substantive backing.

  • July 08, 2025

    Team Telecom Backs $3.1B SES-Intelsat Deal, With Conditions

    Team Telecom, an interagency group that advises the FCC on security risks, has said it sees no issue with the agency approving satellite titan SES SA's $3.1 billion plan to buy rival satellite operator Intelsat Holdings, so long as it abides by a few conditions.

  • July 08, 2025

    Gray, Scripps To Seek FCC Waivers Of Local Ownership Rule

    Broadcast giants Gray Media and Scripps are hoping the Federal Communications Commission waives its local ownership rules to let them complete a TV station swap affecting five markets that they say will create duopolies for each company.

  • July 08, 2025

    Exclusion's Use Of 'The' Supports Alt. Reading, 5th Circ. Says

    The Fifth Circuit said an exclusion barring coverage for intellectual property infringement claims didn't necessarily relieve an insurer from covering defense expenses an oil and gas company incurred in an IP theft lawsuit, finding the exclusion's use of "the" led to a pro-coverage, reasonable meaning.

  • July 08, 2025

    Academic Researchers Defend Publisher Antitrust Claims

    Academic researchers are defending a proposed class action in New York federal court accusing six of the largest academic journal publishers of colluding to block compensation for peer review services while suppressing competition for scholarly manuscripts.

  • July 08, 2025

    FCC Urged To Mandate Phone Unlocking For Dual SIM Use

    As Verizon pushes to end a requirement by the Federal Communications Commission allowing the company's customers to switch carriers after 60 days, cloud service providers say the FCC should make sure customers who need dual SIM cards can use more than one provider.

  • July 08, 2025

    PE Attorneys Remain Optimistic Despite First-Half Slump

    While many private equity attorneys predicted a booming environment heading into 2025 with President Donald Trump's incoming pro-business administration, uncertainty surrounding tariffs and antitrust regulations has been a hurdle for dealmaking and fundraising, causing an unanticipated slowdown in private equity activity.

  • July 08, 2025

    Amazon Wants To Challenge Class Cert. Bid On The Stand

    Amazon has asked a Washington state federal judge to let it interrogate the expert witness backing a bid for class action status covering tens of millions of consumers, arguing that an evidentiary hearing, with cross-examination, is needed in the antitrust litigation accusing it of keeping online retail prices artificially high.

  • July 08, 2025

    The Biggest Copyright Rulings Of 2025: A Midyear Report

    Two California judges were the first to deliver crucial rulings about what constitutes fair use in training generative artificial intelligence models — a question expected to test the boundaries of the copyright doctrine amid the emergence of the groundbreaking technology. Here is Law360's list of the biggest copyright decisions so far this year.

  • July 08, 2025

    Appeal Win Gives Certainty To UK Class Action Funding

    The Court of Appeal's decision to endorse the validity of litigation-financing agreements devised to sidestep a U.K. Supreme Court ruling that upended class action funding provides certainty over what is allowed, but lawyers remain wary that further legislative changes are likely.

  • July 08, 2025

    CMA Weighs Probe Of Greencore's £1.2B Bid For Bakkavor

    The U.K. antitrust watchdog said Tuesday that it is taking soundings about whether to launch an investigation into Greencore Group PLC's proposed £1.2 billion ($1.6 billion) acquisition of rival Bakkavor Group PLC, a British convenience food maker.

  • July 07, 2025

    Tennis Players Argue For Wide Class At NCAA Cert. Hearing

    College tennis players told a North Carolina federal judge Monday that common questions abound for members of a proposed class claiming that NCAA rules governing prize money violate antitrust law.

  • July 07, 2025

    FTC Wants More Time To Present Case Against Amazon Prime

    The Federal Trade Commission asked a Washington federal judge for 10 days to put on its case-in-chief against Amazon over alleged deceptive practices that trick customers into automatically renewing Prime subscriptions, arguing the evidence at the upcoming trial would be "voluminous and complex," and lengthening the trial won't prejudice Amazon.

  • July 07, 2025

    Burford Entities Can't Opt Out Of $32M Cargill Price-Fix Deal

    An Illinois federal judge Monday denied two Burford Capital entities' day-late bid to opt out of a $32 million price-fixing settlement between Cargill and a direct turkey purchasers class, rejecting their contention that their attorneys' busy schedule and separate actions they filed against the turkey producer warranted their exclusion.

  • July 07, 2025

    'Social Contracts' Over Ownership Rules A Bad Idea, FCC Told

    The free-market advocacy group Free State Foundation is lobbying against a proposal to revive "social contracts" in television broadcasting regulation, saying the move would effectively impose government rate regulation disguised as "voluntary" agreements.

  • July 07, 2025

    AGs Urge Texas Ad Tech Judge Not To Delay Google Trial

    An attorney for the Texas-led coalition of attorneys general targeting Google's advertising placement technology business urged a Texas federal judge Monday not to delay the upcoming jury trial, arguing there's no need to worry about potential inconsistencies with a Justice Department case in Virginia.

  • July 07, 2025

    As New Era Dawns For College Athletes, Repairs Still Needed

    As far back as late 2023, when a broad cross-section of former college athletes was certified as a class to sue the NCAA for unpaid name, image and likeness compensation, all parties involved have known that the eventual settlement of its claims would repair just one specific broken part of the college sports ecosystem. With the portion of the $2.78 billion settlement designed to share institutional revenues directly with athletes going into effect on Tuesday, legal experts still wonder how and when enough will be done to set right the scales that went unbalanced for decades.

  • July 07, 2025

    Fanatics Told To Give Panini Licensing Docs In Antitrust Case

    A New York federal court said Monday that Fanatics Inc. must turn over unredacted versions of its licensing deals with major sports leagues and player associations that are at the heart of Panini America Inc.'s case accusing Fanatics of monopolizing the sports trading card market.

  • July 07, 2025

    Deere & Co. Needn't Give More Financial Docs In Repair Suit

    An Illinois federal judge overseeing twin cases alleging Deere & Co. is violating the Sherman Antitrust Act through its control of repair tools decided Monday not to force the company to produce its dealer financial analysis documents, saying any relevant information in them has already been produced elsewhere in the cases.

  • July 07, 2025

    AI Weather Startup Claims Rival Used Trade Secrets

    An artificial intelligence-powered weather simulation startup has sued a rival company in California federal court, claiming a consultant took its source code and used it to found the competitor.

Expert Analysis

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • What Del. Supreme Court LKQ Decision Means For M&A Deals

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    The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Electronic Shelf Labels Pose Myriad Risks For Retailers

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    While electronic shelf labels offer retailers a new way to convey pricing and other product information to consumers, the technology has attracted the attention of U.S. policymakers and consumer advocates, so businesses must assess antitrust, data privacy and discrimination risks before implementation, say attorneys at Baker McKenzie.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • Key Digital Asset Issues Require Antitrust Vigilance

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    As the digital assets industry continues to mature and consolidate during Trump 2.0, it will inevitably bump up against the antitrust laws in a new way, with potential pitfalls related to merger reviews, conspiratorial or monopolistic conduct, and interlocking directorates, say attorneys at Crowell & Moring.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • Reviving A Dormant Criminal Statute In Antitrust Prosecution

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    The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools

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    Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • Unpacking FTC's New Stance On Standard-Essential Patents

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    Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.

  • Calif. Antitrust Laws May Turn More Zealous Than US Regs

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    California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.

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