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Competition
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June 09, 2025
Okla. Says High Court Shouldn't Skip 10th Circ. PBM Ruling
Oklahoma told the U.S. Supreme Court the federal government wrongly suggested that the justices bypass the state's challenge to a Tenth Circuit decision nullifying parts of a state law regulating pharmacy benefit managers, arguing Monday that the solicitor general doesn't recognize the magnitude of the issue.
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June 09, 2025
Panini Wants Renewed Claims From Fanatics Tossed
Trading card company Panini told a New York federal court Fanatics Inc. is trying to distract from allegations it monopolized the sports trading card market by rehashing previously rejected claims that Panini interfered with licensing negotiations.
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June 09, 2025
Hemp Vape Makers, Sellers Fight RICO Claims In Delta-9 Suit
Several hemp vape makers and sellers are urging a Georgia federal court to throw out a woman's proposed class action alleging they conspired to sell vapes with delta-9 THC levels above legal thresholds, saying her complaint fails to back up her claims and conflates manufacturers and retailers.
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June 09, 2025
Tesla Buyers End 'Right To Repair' Monopoly Suit
Tesla drivers have agreed to permanently end their consolidated proposed class action accusing the company of running an illegal monopoly on parts for its electric vehicles and repair services, according to a proposed stipulation that a California federal judge signed off on Monday.
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June 09, 2025
NY Tribe Can Revive Lawsuit Against State In Lottery Row
A New York federal judge has allowed the Cayuga Nation to refile its tribal gambling lawsuit against State Gaming Commission officials after the tribe settled its dispute with state-licensed mobile lottery game provider Jackpocket Inc.
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June 09, 2025
Disney Settles Antitrust Suit Over ESPN Streaming Fees
Disney has settled a sprawling antitrust lawsuit with consumers over the fees in its ESPN livestreaming carriage agreements.
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June 09, 2025
5th Amendment Can't Shield Ex-Exec, Drugmakers Argue
Generic-drug makers urged a Pennsylvania court to compel a former executive to sit for a deposition in ongoing price-fixing litigation despite his invocation of the Fifth Amendment, arguing his testimony is crucial to their defense.
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June 09, 2025
Litigation-Funding Dispute Resumes Amid Uncertain Future
Sony and Apple will challenge the validity of widely used litigation-financing agreements at the Court of Appeal on Tuesday against the backdrop of an influential report calling for legislation to urgently reverse a landmark ruling that shook the funding industry.
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June 09, 2025
Smithfield Averts Trial In Last-Ditch Deal With NC Hog Supplier
A defunct hog supplier in North Carolina has settled its contract scuffle with Smithfield Foods Inc. just as the parties were primed to begin trial on Monday, putting to bed claims that Smithfield flouted their production agreement and forced the supplier out of business.
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June 08, 2025
Judge Approves NCAA's $2.8B Athlete Revenue Settlement
The NCAA's $2.78 billion class action settlement that will for the first time provide for revenue sharing with college athletes was given final approval late Friday by a California federal judge.
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June 06, 2025
FTC Scoffs At Meta's Accusation Of 'Biased' Econ Expert
The FTC on Friday urged a Washington, D.C., federal judge to reject Meta's bid to strike testimony the agency's lead economics expert gave during the antitrust trial over Meta's purchase of Instagram and WhatsApp, scoffing at the allegation the New York University School of Law professor is biased.
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June 06, 2025
Tobacco Cos. Sue Philip Morris Over Bid To Void Wash. Deal
R.J. Reynolds and other tobacco producers have accused Philip Morris USA of trying to derail a deal with Washington state last spring to resolve longstanding payment disputes stemming from Big Tobacco's 1998 master settlement agreement, according to a new lawsuit in Washington state court.
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June 06, 2025
9th Circ. Mulls If Seagate Win Could Spur Antitrust Suits
A Ninth Circuit judge on a panel doubted Seagate Technology's request to reverse NHK Spring's partial win in an antitrust fight over hard drive components, observing Friday that Seagate's position may broaden antitrust liability and asking "how does this not open up the floodgates for a new plaintiffs' cottage industry?"
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June 06, 2025
Wyo. Landowners' Attys Score $5M From Anadarko Deal
A Wyoming federal judge awarded more than $5 million in attorney fees and expenses Friday to attorneys for a class of landowners that accused an oil extraction company of hoarding permits to block oil and gas projects.
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June 06, 2025
J&J Unit's $147M Catheter Antitrust Loss Tripled To $442M
Johnson & Johnson health tech unit Biosense Webster's bill in an antitrust trial was upped from $147 million to $442 million after a California federal jury found it stifled competition by conditioning the provision of cardiac mapping services on purchases of cardiac catheters.
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June 06, 2025
Pharma Co. Trade Secrets Case Stays In Fla. Despite HQ Move
A Florida federal judge on Friday denied a bid to toss a pharmaceutical company's lawsuit accusing a rival of stealing trade secrets because its headquarters moved to the Sunshine State after its initial complaint, saying there was "complete diversity at the time of filing of action."
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June 06, 2025
OpenAI, Microsoft Say Musk Hasn't Fixed RICO Claims
OpenAI and Microsoft have urged a California federal judge to again trim Elon Musk's lawsuit challenging OpenAI's now-abandoned transition to a for-profit enterprise, arguing the billionaire and his own artificial intelligence company, xAI, have not made any changes to their previously nixed claims for contract breach and fraudulent enterprise.
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June 06, 2025
Judge Won't Toss 'Patent Ambush' Case Against Clorox, Brita
A Pennsylvania federal judge has shot down a bid from Clorox Co. and its Brita brand to toss an antitrust lawsuit accusing the companies of engaging in a "patent ambush" to corner the market on home water filters, saying the request was premature.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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How FTC Consumer Protection May Fare Under Reg Freeze
Attorneys at Crowell & Moring consider how President Donald Trump's executive order directing agencies to freeze all pending rulemaking activity may frustrate any Federal Trade Commission efforts to change or eliminate rules that made it across the finish line before the inauguration.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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Managing Transatlantic Antitrust Investigations And Litigation
As transatlantic competition regulators cooperate more closely and European antitrust investigations increasingly spark follow-up civil suits in the U.S., companies must understand how to simultaneously juggle high-stakes multigovernment investigations and manage the risks of expensive new claims across jurisdictions, say lawyers at Paul Weiss.
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IP, Licensing, M&A Trends To Watch In Life Sciences This Year
2025 promises to continue an exciting trajectory for the life sciences industry, with major trends ranging from global harmonization of intellectual property to cross-border licensing activity and an increase of nontraditional financial participants in the mergers and acquisition space, say attorneys at Morgan Lewis.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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FTC Focus: Avoiding 'Gun Jumping' Violations
The Federal Trade Commission's recent record $5.6 million "gun jumping" enforcement action against XCL Resources, EP Energy and Verdun Oil sends a clear message about the seriousness of violations of the Hart-Scott-Rodino Act's premerger requirements, and highlights compliance tips such as avoiding premature integration of operations, say attorneys at Proskauer.
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Drug Pricing Policy Trends To Expect In 2025 And Beyond
Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.