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Competition
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July 28, 2025
Walmart Makes Deal After $223M Loss In Trade Secrets Trial
Walmart Inc. has reached a settlement with Zest Labs Inc. to end a suit accusing the retail behemoth of using Zest Labs' trade secrets related to shelf-freshness technology after a jury awarded the company $223 million in damages, according to a Monday court order.
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July 28, 2025
Express Scripts, Prime Urge Court To Toss Mich. Price-Fix Suit
Two pharmacy benefit managers sought to shake allegations of price-fixing brought by Michigan Attorney General Dana Nessel, arguing Friday that her antitrust suit suffers from several fatal legal flaws, including that the state does not have standing to sue on pharmacies' behalf.
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July 28, 2025
FTC Stands By Media Boycott Subpoena Into Media Matters
The Republican-controlled Federal Trade Commission has refused to quash its investigation into the left-leaning Media Matters for America, standing by a subpoena it said is "one of seventeen still-outstanding" demands made as part of a broader probe looking for potential group boycotts of advertising on disfavored platforms.
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July 28, 2025
Garbage Truck Co. Fights $58.9M Verdict, Seeks New Trial
A garbage truck manufacturer hit with a $58.9 million verdict for allegedly poaching a fleet management company's executive to create a competing business has asked an Illinois federal court for a new trial or a damages reduction, saying the plaintiff presented a speculative lost-profits damages theory.
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July 28, 2025
Judge OKs $18.5M Johns Hopkins Deal, Sets Aid Fixing Trial
An Illinois federal judge has set a November 2026 trial date in a sprawling antitrust case accusing elite universities and colleges of fixing financial aid offerings, saying Monday that he wanted the target date in mind given that the trial is likely to last multiple weeks.
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July 28, 2025
Broker's Countersuit Says Ex-Worker Tried To Poach Clients
An insurance brokerage being sued by an ex-employee who says his former boss broke a promise to sell him a local agency alleges in its own Pennsylvania state court lawsuit that the employee had actually been scheming to steal clients from the brokerage and take them to a new firm.
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July 28, 2025
NC Rep.'s CBD Co. Hits Biz Partners With $1.6M Counterclaim
Asterra Labs LLC, a hemp and CBD company run by North Carolina State Rep. John Bell, has filed a $1.6 million counterclaim against companies that alleged this month that Asterra used Bell and others' political influence to coerce them into a bad deal, asserting it was the plaintiffs who defrauded Asterra and others.
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July 28, 2025
DOJ Probes NewYork-Presbyterian Over Antitrust Allegations
The U.S. Department of Justice has opened an investigation into NewYork-Presbyterian Healthcare System for allegedly violating antitrust laws by cutting deals with insurance companies that have led to rising healthcare costs, according to a subpoena viewed by Law360.
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July 28, 2025
Courts Split In Antitrust Battle Over NCAA Eligibility Rules
The wave of litigation over the NCAA's restrictions on athletes' eligibility has yielded uneven results in federal courts, with a Nebraska judge most recently finding that the disputed rule is safe from antitrust challenges.
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July 28, 2025
Fired FTC Dem Urges DC Circ. Not To Pause Reinstatement
A Democratic member of the Federal Trade Commission who was fired by the president is urging the D.C. Circuit not to pause a lower court order calling for her reinstatement while the administration appeals, saying the administration has little chance of success.
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July 28, 2025
Merger Settlements Return As Enforcers Keep Busy
The first half of 2025 saw a string of settlements by the Federal Trade Commission and the U.S. Department of Justice allowing mergers to move forward, a marked shift from the prior administration.
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July 28, 2025
Porsche Blocked From Halting Supply Of Parts To Reseller
A car parts reseller won its bid on Monday to force Porsche to continue supplying it with parts while the two companies battle in the courts over Porsche's alleged anticompetitive conduct, with the judge saying the reseller should be protected from long-term harm.
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July 28, 2025
EU Says Temu Failing To Prevent Sale Of Illegal Products
Temu has failed to properly assess the risks of illegal products being sold on its marketplace, including non-compliant baby toys and small electronics, according to preliminary findings from the European Commission published Monday.
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July 25, 2025
OpenAI Urges 9th Circ. To Ax Injunction In Trademark Dispute
OpenAI has asked the Ninth Circuit to vacate an injunction temporarily blocking it from using the trademark associated with acquired competitor IO Products Inc., slamming the litigation as a "transparent attempt to exploit the recent merger announcement."
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July 25, 2025
Sports & Betting Cases To Watch In The Second Half Of 2025
Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.
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July 25, 2025
Live Streaming Cos. Should Follow Carry-All Rules, FCC Told
A Christian television station operator says that the Federal Communications Commission "has lost its way on its mandate to foster localism" and ought to correct course by requiring certain streaming services to carry local stations.
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July 25, 2025
FCC's Carr Looks To Wrap Up Next 4-Year Media Rule Review
The Federal Communications Commission hopes to soon wrap up its latest four-year review of media ownership rules and likely loosen restrictions on broadcasters, Republican agency chief Brendan Carr says.
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July 25, 2025
Google Says Rival 'Indisputably' Too Late For Search Fix
Google urged a D.C. federal judge Friday to ignore a search advertising rival's attempt to weigh in on the Justice Department's bid to force the syndication of search and search advertising results, castigating the "neither relevant nor useful" amicus brief as filed more than two months too late.
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July 25, 2025
Punitive Damages Denial Stands In Jack Nicklaus' Fla. Suit
A Florida state judge has rejected legendary golfer Jack Nicklaus' motion to reconsider the denial of a punitive damages claim in a defamation suit against a company Nicklaus founded and two of its officers.
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July 25, 2025
Texas PE Firm Claims 'Lone Star' Rival Stole Its Name, Logos
A private equity firm that manages the Lone Star Funds hit an upstart rival called Lone Star Capital with a trademark infringement lawsuit in Texas federal court Thursday, accusing the firm of intentionally ripping off its trademarks and logos amid its aggressive marketing blitz in an effort to dupe investors.
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July 25, 2025
Fla. Hospital System Fights Class Cert. In Antitrust Suit
A Florida hospital system is pushing to avoid certification of a class alleging it locked in patients and locked out rivals on the state's Space Coast, telling a federal judge the teachers leading the antitrust suit changed their proposed class definition and can't account for highly individualized medical billing.
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July 25, 2025
Trump Directs NLRB And DOL To 'Clarify' Athletes' Status
President Donald Trump has directed the U.S. Department of Labor and the National Labor Relations Board to "clarify" the status of college athletes as part of a broader push to halt changes to collegiate athletics following the courts' end to certain restrictions on compensating players.
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July 25, 2025
Fighters Push Sports Agency For Docs In UFC Wage Dispute
Fighters engaged in an ongoing battle over wages with UFC are asking a Nevada federal court to force a sports talent agency to turn over documents they say will shed light on their antitrust claims and help build their case.
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July 25, 2025
Epic Defends Apple Antitrust Injunction After Birthright Ruling
Epic Games has told the Ninth Circuit the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order should not affect a nationwide injunction and civil contempt order issued in its antitrust case over Apple's App Store policies, arguing Apple misread the high court's precedent.
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July 25, 2025
District Court Won't Pause Block Of FTC Dem's Firing
A D.C. federal court refused to stay its order reinstating a Democratic member of the Federal Trade Commission after finding she was illegally fired by the Trump administration, although the D.C. Circuit has already put the order on hold.
Expert Analysis
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Evolving Federal Rules Pose Further Obstacles To NY LLC Act
Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Mergers Face Steeper Slopes In State Antitrust Reviews
The New York Supreme Court's recent summary judgment in New York v. Intermountain Management, blocking the acquisition and shuttering of a ski mountain in the Syracuse area, underscores the growing trend among state antitrust enforcers to scrutinize and challenge anticompetitive conduct under state laws, say attorneys at Robins Kaplan.
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Opinion
Int'l Athletes' Wages Should Be On-Campus Employment
The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.
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Apple Ruling Provides Clarity For UK Litigation Funders
The Court of Appeal's recent Gutmann v. Apple decision that litigation funders can take a fee before class action members are paid helps relieve the concerns of insufficient funding returns that followed news of a broad sector review and a key high court ruling, says Matthew Lo at Exton Advisors.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Fines Against Apple, Meta Set Digital Markets Act Precedent
The European Commission's recent fines against Apple and Meta, the first under the Digital Markets Act, send a clear message that the act's reach and influence on regulatory thinking is global, say lawyers at Waterfront Law.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Closer Look At Amendments To Virginia Noncompete Ban
Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.
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What Bank Regulator Consolidation Would Mean For Industry
Speculation over the Trump administration’s potential plans to consolidate financial service regulators is intensifying uncertainty, but no matter the outcome for the Consumer Financial Protection Bureau, Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency, the industry should expect continued policy changes, say attorneys at Foley & Lardner.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.