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Competition
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August 28, 2025
Truist, Ex-Execs Clash In Bids To End Poaching Dispute
Charlotte, North Carolina-based Truist Financial Corp. and its mortgage banking arm resisted a bid for a pretrial win by its former executives' new employer, arguing that troves of evidence sustain its claims that over 50 employees were illegally poached, costing the bank tens of millions of dollars in losses.
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August 28, 2025
FTC Unpauses Administrative Case Over Insulin Prices
The Federal Trade Commission has restarted its in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, now that two commissioners are able to consider the claims.
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August 28, 2025
EPA Backs Truck-Makers' Bid To Block Calif. Emissions Regs
The U.S. Environmental Protection Agency on Wednesday joined truck-makers in asking a California federal court to immediately block implementation of the state's emissions standards for heavy-duty trucks.
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August 28, 2025
Mylan Must Face Generic Drug Price-Fixing Claims In MDL
A Pennsylvania federal judge shot down most of Mylan's request for an early win in multidistrict litigation claiming price-fixing of the generic antidepressant clomipramine, finding sufficient evidence for the company to have to face direct buyers' claims at trial, but trimming claims that it inflated the drug's price at CVS.
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August 28, 2025
Arkansas Court Dismisses Cherokee Casino License Claims
An Arkansas judge Thursday dismissed a challenge by Cherokee Nation entities over a gaming license in the state, saying the voter amendment that revoked it did not impair any of their contractual obligations and precedent forecloses on any damage claims.
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August 28, 2025
J&J Unit Can't Shake $442M Loss In Catheter Antitrust Suit
A California federal judge has refused to upend the $442 million trial loss of Johnson & Johnson's Biosense Webster health tech unit to Innovative Health, finding the jury was presented with sufficient evidence to fault Biosense for conditioning product support for its cardiac mapping systems on the purchase of cardiac catheters.
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August 28, 2025
Trump Fires Democratic Member Of Rail Regulator
President Donald Trump on Thursday fired a Democratic member of the Surface Transportation Board who has opposed further consolidation in the rail industry, ousting Robert Primus just as the board prepares to consider the proposed megamerger between Union Pacific and Norfolk Southern.
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August 28, 2025
Judge Denies La. Athlete's Bid To Halt NCAA Eligibility Rules
A federal judge on Thursday declined to pause the NCAA's eligibility rules for a Southeastern Louisiana University athlete hoping to compete another year in track and field, ruling he has not shown he would suffer irreparable harm or that he was likely to succeed on his antitrust claims.
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August 28, 2025
SC Ends Sandoz, Novartis Price-Fixing Claims For $2.4M
A Connecticut federal judge on Thursday approved South Carolina's request to dismiss its generic drug price-fixing claims from three multistate lawsuits against Sandoz Inc., Sandoz AG, Novartis AG and Fougera Pharmaceuticals Inc., four months after the parties filed a notice of settlement.
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August 28, 2025
NFL, Teams Defend Stay In Licensed Merch Monopoly Case
The NFL, its 32 teams and Fanatics have asked a New York federal court to maintain a stay on a lawsuit that accuses them of colluding to monopolize online sales of league-licensed merchandise, arguing the outcome of a similar lawsuit is relevant to its litigation.
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August 27, 2025
Attys Say Fee Concerns Do Not Bar Student Aid-Fixing Class
Three law firms representing students in a case accusing elite universities of fixing offers of student aid told an Illinois federal court that concerns about attorney fees are unfounded and should not serve as a basis for denying a pending class certification motion.
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August 27, 2025
Waste Management Gets Initial OK For $30M Settlement
Waste Management Inc. and its note purchasers have received a New York federal court's initial approval of their $30 million deal ending the purchasers' claims that the company concealed information regarding the U.S. Department of Justice's approval timeline of its acquisition of Advanced Disposal Services.
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August 27, 2025
10 Questions For New FCC Commissioner Olivia Trusty
It's been a hectic summer for Olivia Trusty, who joined the Federal Communications Commission as its newest Republican in June. She met with Law360 on Tuesday in her first sit-down interview since taking office.
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August 27, 2025
Former Workers Can Be Experts In FTC's Amazon Prime Trial
A quartet of former Amazon.com Inc. user experience workers can testify as both fact and expert witnesses in the Federal Trade Commission case accusing the retail giant of using "dark patterns" to trick users into Prime subscriptions, a Washington federal judge ruled Tuesday.
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August 27, 2025
FTC Calls Judge 'Fundamentally Mistaken' On Media Matters
The Federal Trade Commission sought emergency intervention Tuesday from the D.C. Circuit against a district court judge it said improperly blocked an investigation into left-leaning Media Matters for America, even though the FTC contends probe targets cannot preemptively challenge subpoenas and here, there was nothing retaliatory about it as Media Matters alleged.
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August 27, 2025
CoStar Says Copyright Claims Against CREXi Can't Wait
CoStar Group Inc. told a California federal court that Commercial Real Estate Exchange Inc. is continuing to use its copyrighted images and urged the court not to put its infringement claims on hold for the rival listing platform's "makeweight" antitrust counterclaims.
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August 27, 2025
Atty Ordered To Pay $652K In Sanctions For TM Trial Conduct
A California federal judge has ordered an attorney to pay $652,000 of a $1.8 million sanction against a microphone manufacturer he represented that lost a trade dress infringement trial, saying the lawyer had repeatedly misrepresented the terms of a stipulation in a prior case to pursue his legal theory.
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August 27, 2025
Blur Drummer Can't Bring Class Action Over Royalties
The specialist antitrust court refused on Wednesday to certify a collective action led by Blur drummer Dave Rowntree after determining that the proposed definition of class members in the distribution of royalties claim is too broad.
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August 27, 2025
Personal Injury Firm Accuses Rival Of 'Bait And Switch'
A Boston personal injury firm facing claims it ripped off another firm's marketing plan launched a countersuit claiming that the rival is using an illegal business model and lying to try to stop a growing competitor.
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August 26, 2025
Joseph Nocella Jr. Appointed US Attorney For EDNY
Joseph Nocella Jr. on Tuesday was reportedly appointed as the U.S. attorney for the Eastern District of New York, having served as the district's interim top prosecutor since early May.
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August 26, 2025
Teradata Asks High Court To Stay Out Of SAP Tying Fight
The U.S. Supreme Court should let sitting dogs lie when it comes to a Ninth Circuit decision reviving tying claims brought by data analytics giant Teradata against a German rival and software maker and just let the matter head to trial, according to the U.S.-based Teradata.
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August 26, 2025
Standard General's Racial Bias Claims Against FCC Fall Flat
Hedge fund manager Soo Kim has failed to convince a D.C. federal judge that the Federal Communications Commission and a cadre of media players were part of a racist conspiracy to kill his $8.6 billion merger with broadcaster Tegna.
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August 26, 2025
Google Backers Cite Security, Competition To 9th Circ.
Trade groups, cybersecurity experts, think tanks and others backed Google with proposed Ninth Circuit amicus briefs arguing that an order affirmed by an appeals panel opening up the Play Store will upend competition and endanger security.
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August 26, 2025
PE Firm Escapes Patients' Anesthesia Antitrust Claims
A Texas federal court tossed claims against Welsh Carson Anderson & Stowe from a proposed class of patients accusing the private equity firm of monopolizing the anesthesiology market through a series of acquisitions, but let claims against a company it formed proceed.
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August 26, 2025
Blacklist Suit Blocked By Illegal Biz Ties, Justices Told
LegitScript has asked the U.S. Supreme Court to intervene against the Ninth Circuit's decision to make it face PharmacyChecker.com's antitrust blacklisting claims, arguing the lower court rulings wrongly allow PharmacyChecker to sue to protect a business focused on facilitating the illegal importation of drugs.
Expert Analysis
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Biotech Collaborations Can Ease Uncertainty Amid FDA Shift
As concerns persist that the U.S. Food and Drug Administration's reduced headcount will impede developments at already-strapped biotech companies, licensing and partnership transactions can provide the necessary funding and pathways to advance innovative products, say attorneys at Troutman.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Tips For Business Users After 2 Key AI Copyright Decisions
Because two recent artificial intelligence copyright decisions from the Northern District of California — Bartz v. Anthropic and Kadrey v. Meta — came out mostly in favor of the developers using the plaintiffs' works to train large language models, business users should proceed with care, says Chris Wlach at Acxiom.
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FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda
While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Yacht Broker Case Highlights Industry Groups' Antitrust Risk
The Eleventh Circuit recently revived class claims against the International Yacht Brokers Association, signaling that commission-driven industries beyond real estate are vulnerable to antitrust challenges after the National Association of Realtors settled similar allegations last year, says Miles Santiago at the Southern University Law Center and Alex Hebert at Southern Compass.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Takeaways From EU's Review Of Merger Control Guidelines
The European Commission’s newly launched consultation on the European Union’s merger guidelines will explore whether and how merger control should consider key policy objectives, such as innovation, investment incentives and security, say lawyers at Latham.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Capital One Deal Approval Lights Up Path For Bank M&A
The federal banking regulators' recent approval of Capital One's acquisition of Discover signals the agencies' willingness to approve large transactions and a more favorable environment generally for bank mergers under the Trump administration, say attorneys at Arnold & Porter.
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New FCPA Guidance Creates 5 Compliance Imperatives
In light of new Foreign Corrupt Practices Act guidelines that mark a fundamental shift in enforcement priorities, companies should consider several specific steps to ensure compliance, from enhanced due diligence to robust whistleblower protections, says Andrew Wirmani at Reese Marketos.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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SEC Proposal Could Hurt Foreign Issuers' US Market Access
The U.S. Securities and Exchange Commission’s June call for feedback on potentially narrowing how it designates foreign private issuers of securities could ultimately result in significant new barriers for traders that rely on FPI accommodations to participate in U.S. markets, say attorneys at Gibson Dunn.
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State, Fed Junk Fee Enforcement Shows No Signs Of Slowing
The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.