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Competition
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June 03, 2025
Apple Challenging EU's Interoperability Requirements
Apple is challenging new rules imposed by European enforcers that require iPhones and iPads to work more seamlessly with third-party devices, saying the rules create privacy and security risks for users and threaten to hamper innovation.
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June 03, 2025
Groups Ask California Bar To Discipline Google's Kent Walker
Four organizations are citing new court developments involving Google Inc. Chief Legal Officer Kent Walker's alleged mishandling of evidence in again asking the State Bar of California to discipline him.
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June 03, 2025
Hemp Cos. Say Md. Pot Law Cuts Them Out Of State's Market
A group of hemp businesses and buyers is suing Maryland and its cannabis regulator, saying the state is using a 2023 law and licensing scheme to push the companies out of the market by only allowing licensed marijuana dispensaries to sell federally legal hemp products.
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June 03, 2025
NJ Fights Investment Fund's Push To DQ Connell Foley
New Jersey told a federal judge Monday that he was correct in rejecting a Black-owned investment fund's bid to disqualify Connell Foley LLP from representing the state in its bias suit, saying there was no previous attorney-client relationship.
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June 03, 2025
Tech Co. Accuses Ex-Manager Of Pilfering Trade Secrets
A former senior account manager for a public and investor relations technology business emailed himself company secrets and tried to poach customers before he decamped for a competitor, according to a newly designated North Carolina Business Court complaint.
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June 03, 2025
The Law360 400: A Look At The Top 100 Firms
A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.
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June 02, 2025
Alphabet Pledges $500M To Boost Compliance In Investor Suit
Google's parent company, Alphabet Inc., has agreed to earmark half a billion dollars over the next 10 years to overhaul the tech giant's global compliance structure, according to two institutional investors that sued the company's leaders over allegations of anticompetitive and monopolistic business practices.
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June 02, 2025
PacificCorp Fights Wash.'s Carbon Limit Program At 9th Circ.
PacificCorp urged the Ninth Circuit on Monday to revive claims alleging Washington's carbon emissions cap-and-invest program unconstitutionally discriminates against out-of-state customers by imposing emissions allowances for power exported out of state, while Washington argued that the lawsuit seeks to create a "loophole" that would result in a "free pass" on emissions.
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June 02, 2025
Fed. Circ. Asks Whether Trade Secrets Were Secret Enough
The Federal Circuit set out Monday to determine whether an Ohio federal judge was right or wrong to throw out a $64 million jury verdict finding that Goodyear Tire & Rubber Co. stole an inventor's ideas for self-inflating tires because the trade secrets were too vague to have gone to a jury.
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June 02, 2025
DOJ Urged To Sue States Over Broadband Rate Caps
Broadband industry groups want the U.S. Department of Justice to bring suit against California and other states pursuing new caps on internet service rates for low-income households, pointing to myriad harms they say the state laws would inflict on consumers.
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June 02, 2025
Amazon Gets A Look At Some Of FTC's Antitrust Suit Theory
A Washington federal judge said Monday the Federal Trade Commission must hand over some information about the underlying legal theories in its landmark antitrust case against Amazon but mostly agreed with the agency that the company's discovery requests were "premature."
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June 02, 2025
Landlord To Quit Pricing Software To Escape Antitrust Suit
William C. Smith & Co. will be stepping out of litigation accusing the company of using property management platform RealPage to conspire with other landlords and fix the price of rentals in the D.C. area, after agreeing to reform its business practices and shell out over $1 million.
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June 02, 2025
White House Asks DC Circ. To Halt Tariff Injunction
The White House on Monday asked the D.C. Circuit to hit pause on a lower court ruling that found President Donald Trump's tariffs unlawful, arguing the "legally indefensible preliminary injunction" would impede sensitive trade negotiations if left unchecked.
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June 02, 2025
Tech Giants Want 6 GHz Shielded From Spectrum Auctions
As Congress looks to direct the government to sell wide stretches of the airwaves for exclusive commercial use, companies such as Meta, as well as advocacy groups, want lawmakers to continue leaving the upper 6 gigahertz spectrum band alone rather than auctioned to mobile carriers.
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June 02, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission finally dropped its long-pending challenge of Microsoft's purchase of video game developer Activision Blizzard, as enforcers pushed monopolization cases seeking to break up Google, Meta and Live Nation, while also pursuing several traditional merger cases. Here, Law360 looks at the major merger review developments from May.
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June 02, 2025
SAP Seeks High Court Review Of Revived Tying Claims
German software giant SAP on Monday asked the U.S. Supreme Court to look at a Ninth Circuit decision that resuscitated tying claims brought by U.S. rival Teradata, saying the issue of antitrust liability badly needs the court's attention in matters relating to modern, technologically integrated products.
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June 02, 2025
Nursing Exec Says DOJ Misapplied Justices' Fraud Ruling
A Nevada nursing home executive convicted of wage-fixing and wire fraud has told a Nevada federal judge that a recent U.S. Supreme Court ruling in a fraud case doesn't preclude his motion for a new trial, contrary to what the U.S. Department of Justice has argued.
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June 02, 2025
DOJ Deal OKs $1.5B Keysight-Spirent Network Testing Merger
The U.S. Department of Justice cut its first merger clearance deal of the Trump administration, and nearly its first settlement since a Biden-era hardline stance against most agreements, with a consent decree Monday allowing Keysight Technologies Inc. to proceed with its planned $1.5 billion acquisition of Spirent Communications PLC.
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June 02, 2025
Justices' Rail Order Irrelevant To Merger Row, DC Circ. Told
Chicago suburbs challenging federal approval of Canadian Pacific's merger with Kansas City Southern urged the D.C. Circuit on Monday to pay no heed to the U.S. Supreme Court decision restricting government environmental reviews, arguing their own case challenges "other" deficiencies in addition to a failed consideration of broader climate impacts.
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June 02, 2025
Judge Denies UTC Bid To Block Liquidia's Lung Drug
A North Carolina federal judge has refused to temporarily block Liquidia Technologies Inc. from selling its own version of United Therapeutics Corp.'s blockbuster lung disease treatment Tyvaso.
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June 02, 2025
Justices Want Gov't View On Duke Energy Monopoly Suit
The U.S. Supreme Court asked the Solicitor General on Monday to provide the government's view on a ruling that revived antitrust claims accusing Duke Energy of squeezing a rival out of the power market in North Carolina.
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June 02, 2025
Womble Bond Atty Asks 4th Circ. To Undo Contempt Order
A series of federal court errors led to a Womble Bond Dickinson partner being wrongly held in contempt over a $28 million trademark dispute between a Dutch technology company and its former U.S. partner, the lawyer told the Fourth Circuit in a brief Friday, urging the appeals panel to reverse the order.
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June 02, 2025
Class Action Seeks Compensation For High School Athletes
The yearslong battle for college athletes to earn compensation for their labor and likeness rights has trickled down to the high school ranks, with a new proposed class action targeting a slew of monetary restrictions imposed by California's high school sports governing body.
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June 02, 2025
Defamation Litigation Roundup: Cheetos, NASCAR, OpenAI
In this month's review of ongoing defamation fights, Law360 looks back on developments in a man's case against Frito-Lay Inc. over what he called the company's defamatory statements disputing his role in the invention of a flavor of Cheetos.
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June 02, 2025
EU Hits Two Delivery Firms With €330M Fine For Market Cartel
The European Commission said Monday that it had slapped two food delivery companies with a total of €329 million ($375.8 million) in fines for operating a cartel for four years in a settlement.
Expert Analysis
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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4 Ways Slater Is Priming DOJ For Continued Antitrust Success
Just as Jonathan Kanter did during his recent tenure leading the U.S. Department of Justice's Antitrust Division, Assistant Attorney General Gail Slater is following the effective blueprint set by Thurman Arnold when he modernized the division more than 80 years ago, says Perry Apelbaum at Kressin Powers.
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What EU 'Killer Acquisition' Study Means For Pharma Deals
The European Commission’s recent study of pharmaceutical companies' acquisitions of emerging competitive threats, the first of its kind globally, has important implications for the industry, and may lead to increased awareness of merger control risks in collaborative agreements, say lawyers at Paul Weiss.
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Why Texas Should Slow Down On Healthcare Merger Bills
More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Big Tech M&A Risk Under Trump May Resemble Biden Era
Merger review under the Trump administration may not differ substantially from merger review under the Biden administration, particularly in the Big Tech arena, in which case dealmakers and investors should shift the antitrust discount on M&A deals upward, says Jonathan Barnett at the University of Southern California Gould School of Law.
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Takeaways From DOJ's 1st Wage-Fixing Jury Conviction
U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.
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FTC Focus: Interlocking Directorate Enforcement May Persist
Though the Federal Trade Commission under Chair Andrew Ferguson seems likely to adopt a pro-business approach to antitrust enforcement, his endorsement of broader liability for officers or directors who illegally sit on boards of competing corporations signals that businesses should not expect board-level antitrust scrutiny to slacken, says Timothy Burroughs at Proskauer.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Navigating The Expanding Frontier Of Premerger Notice Laws
Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.
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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.