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Competition
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June 13, 2025
Home Sellers Say Brokerages Can't Pause Mo. Antitrust Case
A proposed class of home sellers urged a Missouri federal court to deny two brokerages' second request to stay proceedings against them in a consolidated antitrust broker fees class action while they finalize a parallel settlement in what sellers have called "copycat" proceedings in Georgia.
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June 13, 2025
DC Circ. Urged To Reject Approval For Braille-Free Drug Label
Vanda Pharmaceuticals Inc. is urging the D.C. Circuit to reverse a lower court decision upholding the U.S. Food and Drug Administration's approval of a generic sleep-disorder drug without Braille labeling, a move the company argues jeopardizes patient safety.
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June 13, 2025
Red Hat Keeps Suit Against Software Patent Owner Alive In NC
A North Carolina federal judge has refused to dismiss a lawsuit accusing a Texas-based patent owner of trying to extort a license from software company Red Hat Inc., finding the court has authority to hear the dispute.
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June 13, 2025
Wabtec Gets Caterpillar Unit's Antitrust Claims Tossed
A Delaware federal judge has dismissed Caterpillar subsidiary Progress Rail's antitrust claims over rail giant Wabtec's 2019 merger with General Electric's transportation unit but refused to dismiss breach of contract and other claims.
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June 12, 2025
Google Again Asks To Trim Yelp's Antitrust Suit
Google is once again asking a California federal judge to trim Yelp's case accusing it of monopolizing the local search market, arguing that the reworked complaint doesn't fix deficiencies the court pointed out in a dismissal order earlier this year.
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June 12, 2025
Florida, Sandoz Say They've Fixed Generic Drug Price-Fix Deal
The Florida Attorney General's Office and Sandoz Inc. have told a Connecticut federal court they've fixed the problems the court identified with a generic drug price-fixing settlement after other states with claims in the case objected to a clause in the deal.
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June 12, 2025
8th Circ. Upholds Block On Minn. Generic-Drug Price Law
The Eighth Circuit on Thursday backed a lower court's preliminary injunction blocking a Minnesota law that prohibits pharmaceutical manufacturers from imposing an "excessive" price increase on generic or biosimilar drugs, agreeing that the law is likely unconstitutional in regulating prices charged nationwide.
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June 12, 2025
Live Nation Defending 'Unfair' Arbitration, Justices Told
Concertgoers suing Live Nation over allegedly anticompetitive conduct urged the U.S. Supreme Court on Thursday not to take up the company's bid to force them into arbitration, arguing that lower courts rightly dinged a switch to a new arbitrator with strict rules meant to limit mass arbitration tactics by the plaintiffs' bar.
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June 12, 2025
Senate GOP Moves To Confirm Trump's FCC Nominee
The U.S. Senate plans next week to bring up President Donald Trump's nomination of Olivia Trusty to the Federal Communications Commission.
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June 12, 2025
Turkey Buyers Fight Burford Units' Objection To Cargill Deal
Direct purchasers of turkey have told the Illinois federal judge handling consolidated turkey price-fixing litigation that he should disregard two litigation funding subsidiaries' untimely attempt to lodge what they called a meritless challenge to a nearly finalized price-fixing settlement with Cargill Inc.
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June 12, 2025
Texas Man Gets 11 Years In Cross-Border Transport Case
A Texas federal court has sentenced a man to 11 years in prison for helping lead a violent conspiracy to monopolize the transport of used vehicles and other goods from the U.S. through Mexico for resale in Central America.
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June 12, 2025
'Bad Faith': Valve Accused Of Thwarting Arbitration It Sought
Valve Corp. is blocking consumers from arbitrating antitrust claims against the gaming company by refusing to pay $20 million in arbitration fees, a "bad faith" move that flouts a court order granting Valve's bid to compel arbitration, a game buyer told a Washington federal judge in a motion for sanctions.
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June 12, 2025
Meta Eyes $14B AI Bet, Bullish Seeks IPO, And More Rumors
Facebook owner Meta is eying a $14 billion investment in Scale AI, while Bullish plans to join the recent surge in cryptocurrency-related initial public offerings and investors want to take pizza chain Papa John's private at more than $60 per share. Here, Law360 breaks down the notable deal rumors from the past week.
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June 12, 2025
Athletes Revive Title IX Objections In NIL Settlement Appeal
Eight female former and current college athletes who previously objected to the Title IX implications of the $2.78 billion settlement between the NCAA and a class of former athletes seeking past name, image and likeness pay have appealed the final approval of the settlement, granted just last Friday, to the Ninth Circuit.
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June 12, 2025
Nutrien Says Ex-Employee Helped NC Rival Steal Office, Staff
The retail arm of global fertilizer company Nutrien Ltd. has accused a former crop consultant of swiping its trade secrets before decamping for a rival, saying in a federal lawsuit that he colluded with his new employer to hijack a branch office, its staff and its customers.
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June 12, 2025
Calif. Casinos Seek Coverage For Tribes' Gambling Suits
California casino operators said they are entitled to defense coverage for suits brought by several tribes over their gambling operations, telling a federal court that their insurer has denied coverage based on policy exclusions that do not apply and has failed to conduct a proper investigation of their claims.
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June 12, 2025
Grand Jury Indicts Florida Man For Fuel Purchase Scheme
A Miami grand jury indicted a South Florida man on wire fraud, forgery and money laundering charges for allegedly defrauding the U.S. government out of millions of dollars for phony fees and expenses associated with fuel orders, federal prosecutors said Wednesday.
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June 12, 2025
Tenn. Basketball Player Denied Bid For Extra Season
A Tennessee federal judge Thursday shot down an attempt to get a fifth year of playing college basketball in the upcoming season, ruling that a University of Tennessee player did not make a strong enough case that the NCAA's so-called four-year rule was anticompetitive and violated antitrust law.
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June 12, 2025
Google Fights MDL Plaintiffs' Sanctions Bid Over Lost Chats
Google is pushing back on a request for sanctions that a slew of advertisers and publishers have brought in their antitrust lawsuit over the company's advertising placement technology, saying the plaintiffs have not shown Google hid evidence amid the "mountains" of electronically stored information it provided.
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June 11, 2025
Ex-Google Engineer Loses Bid To Toss AI Espionage Counts
A California federal judge has refused to toss economic espionage charges against an ex-Google engineer accused of stealing artificial intelligence trade secrets to help startups in China, adding that prosecutors' assertion that the man was trying to benefit the People's Republic of China "as opposed to benefiting himself ... seems dubious."
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June 11, 2025
Audible Can't Close Book On Audiobook Monopoly Suit
Audible must face a romance novelist's proposed class action alleging the Amazon-owned retailer monopolizes the audiobook market by trapping authors in unlawful exclusivity agreements to prevent their books from appearing on rival platforms while charging the authors supracompetitive distribution fees, a New York federal judge ruled Wednesday.
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June 11, 2025
Ga. PI Firm Says 'Distasteful' Practices Aren't Court's Concern
An Atlanta personal injury firm called on the Georgia Court of Appeals Wednesday to squash a proposed class action accusing it of stealing clients from other lawyers through shady solicitation practices, arguing that whether its business model is ethical or not, it isn't grounds for litigation.
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June 11, 2025
Verizon-Frontier Merger Gets Conn. Regulator's OK
Connecticut's Public Utilities Regulatory Authority on Wednesday approved the merger of debt-laden internet and telephone services provider Frontier Communications with a wholly owned subsidiary of Verizon, saying the latter has the financial and managerial stability plus the technical knowledge necessary to provide adequate and reliable service to customers.
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June 11, 2025
Chamber Looks To Keep Merger Notice Challenge In Texas
The U.S. Chamber of Commerce and other business groups have urged a Texas federal court not to transfer their case challenging the Federal Trade Commission's new merger filing requirements, arguing that several members based in the state regularly report mergers to the agency.
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June 11, 2025
FCC Dem's Job Safe For Now As Agency Ranks Shrink
The Federal Communications Commission is running on a shoestring when it comes to high-level decisions, with only a Republican chair and Democrat left in charge after recent departures that have made the agency's chairman unable to move major initiatives.
Expert Analysis
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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SEC Motion Response Could Reveal New Crypto Approach
Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.
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Steel Cases Test Executive Authority, Judicial Scope
Lawsuits challenging former President Joe Biden’s order blocking the merger of Japan's Nippon Steel and U.S. Steel may shape how future administrations wield presidential authority over foreign investment in the name of national security, says Hdeel Abdelhady at MassPoint Legal.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.
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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.