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Competition
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June 18, 2025
Opt-Out 'Oversight' May Not Excuse Burford In Price-Fix Deal
An Illinois federal judge considering a $32 million price-fixing settlement between turkey producer Cargill and a group of direct purchasers seemed skeptical Wednesday of two Burford Capitol subsidiaries' assertion that they should be considered excluded from the deal despite submitting their opt-out request a day late.
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June 18, 2025
Tenn. School Sues Vet Group Over Accreditation Rules
Lincoln Memorial University filed a lawsuit in Tennessee federal court on Wednesday accusing a trade association for veterinarians of restricting competition for veterinary schools and vet services with burdensome accreditation requirements.
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June 18, 2025
Judge Skeptical That Assa Abloy Needn't Extend Supply Deal
A D.C. federal judge suggested Tuesday that Assa Abloy faces an uphill fight resisting efforts by its divestiture buyer to extend a supply agreement inked as part of an asset sale deal resolving a U.S. Department of Justice merger lawsuit.
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June 18, 2025
Colo. Judge Trims REIT's Antitrust MDL Coverage Dispute
A Colorado federal court trimmed a real estate investment trust's suit seeking coverage for antitrust multidistrict litigation, saying the trust's statutory bad faith claim under Colorado law could not proceed because of a New York choice-of-law provision in its primary policy.
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June 18, 2025
Tenn. Basketball Player Taking Extra Season Bid To 6th Circ.
College basketball player Zakai Zeigler will take his attempt to play a fifth season at the University of Tennessee to the Sixth Circuit, after filing a notice on Wednesday appealing a Tennessee federal judge's denial of a temporary injunction against the NCAA and its "four-season" eligibility rule.
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June 18, 2025
DOJ Defends Using Written Depos In HPE-Juniper Merger Trial
The U.S. Department of Justice is defending its proposal to include written deposition testimony into the record for its upcoming antitrust trial against Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, saying that playing depositions live would waste crucial time in what is scheduled to be an eight-day trial.
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June 18, 2025
NY Exterminator Says Its 'Black Widow' TM Is 'Incontestable'
A downstate New York pest exterminator on Wednesday urged a Connecticut federal judge to rule that a Constitution State competitor infringed its logo and confused customers, arguing it owns "valid, incontestable" trademarks that have been in use since 2003.
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June 18, 2025
Senate Adds Full 5-Year Term For New FCC Commissioner
The U.S. Senate on Wednesday confirmed Olivia Trusty, a newly added member of the Federal Communications Commission, to serve another five years in addition to the term ending June 30 that lawmakers had approved the day before.
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June 18, 2025
Nippon, US Steel Officially Close Deal, Backed By 5 Law Firms
Nippon Steel has officially closed its purchase of U.S. Steel, the companies announced Wednesday, forming a global steelmaking partnership backed by $11 billion in planned U.S. investments and a national security agreement with the federal government.
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June 18, 2025
PE Firm's £570M Buy Of Tech Biz Clears US Antitrust Check
U.S. private equity firm TA Associates said Wednesday that the U.S. antitrust authorities have not objected to its approximately £570 million ($756 million) cash acquisition of British tech businesses FD Technologies PLC.
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June 17, 2025
La. Law Will Make Tesla Sales Less Onerous, Justices Told
Louisiana regulators are hoping the U.S. Supreme Court will hold off on considering their request to take up a Tesla-brought case targeting the state's ban on direct sales by automakers, saying a new law is about to change things and the justices should wait until it takes effect.
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June 17, 2025
Judge Warns No 'Real Winner' If NASCAR Case Goes To Trial
A North Carolina federal judge on Tuesday joined a chorus of jurists urging NASCAR and two of its teams to seek a resolution of their competing antitrust claims outside court, cautioning that neither side will emerge victorious if the case makes it to trial in December.
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June 17, 2025
Agri Beef, Indiana Packers Strike $2.5M Deal In Wage-Fix Suit
Agri Beef, the Indiana Packers Corporation and a proposed class of workers at red meat processing plants have reached settlements totaling $2.5 million in a suit alleging a nationwide conspiracy to suppress wages.
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June 17, 2025
Org. Urges 9th Circ. To OK NFL Sunday Ticket Verdict Dismissal
A legal foundation focused on promoting free enterprise principles is offering support to the NFL as the league defends a California federal judge's dismissal of a jury's $4.7 billion Sunday Ticket price-fixing award, arguing Tuesday the district court was right to correct a "gatekeeping failure" in expert testimony.
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June 17, 2025
David Protein Avoids Court Ordered Ingredient Sale For Now
A New York federal court has refused to issue an early order requiring David Protein to supply a fat replacement ingredient to several low-calorie food producers after the protein bar-maker purchased the ingredient's only manufacturer.
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June 17, 2025
Senate Confirms Trump's FCC Nominee, Giving GOP Majority
The U.S. Senate confirmed Olivia Trusty to the Federal Communications Commission on Tuesday, providing Republicans a 2-1 majority on the telecom regulatory body five months after President Donald Trump named her for the seat.
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June 17, 2025
Ill. Toy Makers Seek Justices' Early Review Of Trump Tariff Suit
Illinois-based toy makers challenging President Donald Trump's emergency tariffs on Tuesday requested the U.S. Supreme Court consider their case before it is reviewed by the D.C. Circuit, arguing a stay to an injunction is allowing duty collections to continue and is damaging the companies.
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June 17, 2025
Four More Women Appeal NIL Deal Over Title IX Objections
Four additional former and current women college athletes, including one of the most decorated lacrosse players of all time, have filed notice of their intent to appeal the NCAA's $2.78 billion name, image and likeness compensation settlement to the Ninth Circuit, objecting to the deal's disproportionately low allocation of money to women.
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June 17, 2025
Firms Fight To Rep End Users In PVC Pipe Antitrust Row
Several law firms are duking it out for a lead counsel appointment representing a new class of end-user plaintiffs in consolidated litigation accusing PVC pipe companies of using a commodity pricing service to exchange information and illegally fix prices, with Pearson Warshaw LLP, Kirby McInerney LLP, Fegan Scott LLC and Levin Sedran & Berman LLP making bids.
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June 17, 2025
3rd Circ. To Review AI Ruling In Fight Over Westlaw Data
The Third Circuit on Tuesday granted an interlocutory appeal from tech startup Ross Intelligence, which is challenging a ruling from a Delaware federal court that concluded it infringed copyrighted material from Thomson Reuters' Westlaw platform to create a competing legal research tool powered by artificial intelligence.
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June 17, 2025
Google Opposes Advertisers' Ad Tech Class Cert Bid
Google told a New York federal court that the advertiser seeking to represent a class of more than 2 million members in multidistrict litigation accusing the tech giant of monopolizing key digital ad technology spent less than $500 on Google Ads during the class period.
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June 17, 2025
Bunge Gets Last-Needed Approvals For $18B Viterra Deal
Grain and seed supplier Bunge Ltd. announced that it has cleared the last antitrust regulatory hurdle to close its $18 billion acquisition of global grain trader Viterra Ltd.
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June 17, 2025
Meta Can't Nix FTC's Lead Econ Expert From Antitrust Trial
A D.C. federal judge on Tuesday refused to exclude testimony by the Federal Trade Commission's lead economics expert during an antitrust trial over Meta's acquisitions of WhatsApp and Instagram, finding Meta already had the chance to question if he was biased and that it wouldn't improperly influence a jury since it's a bench trial.
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June 17, 2025
Burford Blasts Interference Claim In Chicken Price-Fix Case
The Illinois federal judge handling consolidated price-fixing litigation against the nation's largest chicken producers should throw out the settlement interference counterclaim Tyson lodged alongside its answer in the case because it is no more than a speculation-based "fishing expedition," litigation funder Burford Capital argued.
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June 17, 2025
DOJ Clears $1.8B Safran-RTX Aerospace Deal With Divestiture
French aerospace company Safran will have to divest its North American actuation business to move forward with its $1.8 billion acquisition of Collins Aerospace's flight control unit from RTX, U.S. and British antitrust regulators announced Tuesday.
Expert Analysis
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Chancery May Have Raised Bar For Books, Records Requests
The Delaware Court of Chancery recently approved the denial of a books and records demand against Amazon, raising important questions about what evidence and purpose a stockholder is required to show to succeed on such a request, say attorneys at Selendy Gay.
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FTC Privacy Enforcement Takeaways From 2024
In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Mass Arbitration Procedures After Faulty Live Nation Ruling
Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Small Biz Caught In Corporate Transparency Act Crossfire
Despite compliance being put on hold due to a nationwide preliminary injunction, small businesses have been caught in the middle of the legal battle over the Corporate Transparency Act — and confusion over the law's requirements could result in major penalties, say attorneys at Snell & Wilmer.
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Forecasting The Future Of The FTC Post-Inauguration
The incoming Federal Trade Commission leadership's agenda, which is expected to be in sharp contrast with the Biden administration's enforcement posture, will be noticeable right away in the first few weeks of the Trump administration, say attorneys at Cooley.
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US-China Deal Considerations Amid Cross-Border Uncertainty
With China seemingly set to respond to the incoming U.S. administration's call for strategic decoupling and tariffs, companies on both sides of the Pacific should explore deals and internal changes to mitigate risks and overcome hurdles to their strategic plans, say attorneys at Covington.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Nippon, US Steel Face Long Odds On Merger Challenge
Following the Committee on Foreign Investment in the United States' review of Japan's Nippon Steel's proposed acquisition of U.S. Steel, the companies face a formidable uphill battle in challenging the president's exercise of authority to block the deal on national security grounds, say attorneys at Kirkland.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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Top 10 Noncompete Developments Of 2024
Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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What's Ahead As Transparency Act Comes To A Crossroads
Synthesizing the contrasting federal district and appellate court rulings on the Corporate Transparency Act’s validity reveals several main areas of debate that will likely remain at issue as challenges to the law continue winding through the courts, say attorneys at Farella Braun.