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'I Don't Want To Be A Referee,' Google Search Judge Says
A D.C. federal judge faced the prospect Wednesday of years more involvement in the U.S. Justice Department's case against Google's search monopoly, saying during a hearing that he's trying to balance avoiding being a "referee" for his remedies decision while preventing "misuses" of data sharing and search syndication mandates.
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October 10, 2025
CMA Probes Belgian Food Co.'s Purchase Of Bakery Biz
The British antitrust authority said Friday that it has decided to investigate Belgian food group Vandemoortele's proposed acquisition of Délifrance SA from French cooperative group Vivescia.
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October 09, 2025
UMG Beats Drake's 'Not Like Us' Diss Track Defamation Suit
A New York federal judge Thursday tossed Drake's defamation suit against Universal Music Group over the hip-hop artist's rival Kendrick Lamar's "Not Like Us," saying the diss track's lyrics accusing Drake of being a "certified pedophile" are opinion and trash talk, not factual statements that are actionable.
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October 09, 2025
9th Circ. Probes Buyers On HIV Drug Antitrust Claims
Insurers and health plans told a Ninth Circuit panel on Thursday that a lower court was wrong to toss their claims that Gilead orchestrated a product-hop scheme for its HIV drugs ahead of trial and for not seeing a price drop as evidence of an alleged agreement with Teva to delay generics.
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October 09, 2025
X, XAI Say Texas Best, Fastest Court For OpenAI-Apple Suit
X Corp. and xAI urged a Texas federal judge not to transfer from the Northern District of Texas' Fort Worth Division their suit accusing Apple and OpenAI of anticompetitively edging out other artificial intelligence companies through a deal integrating ChatGPT into iPhones, stressing the speed of their chosen forum.
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October 09, 2025
Photo Editing Software Co. Faces Patent Infringement Suit
A patent protection services firm told a North Carolina federal court Wednesday that a photo editing software company has knowingly infringed three of its patents related to advanced image processing.
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October 09, 2025
Judge Seeks NCAA Ruling's Impact On Tenn. Player's Suit
With an appeal by the NCAA over an injunction permitting Vanderbilt University quarterback Diego Pavia to continue playing football tossed out by the Sixth Circuit last week, a Tennessee federal judge has given the NCAA and a former college basketball player until Oct. 30 to explain how the ruling affects a separate challenge to the organization's eligibility rules.
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October 09, 2025
BeFrugal Marketing Firm Says Exec Steered Clients To Rival
Affiliate marketing firm BeFrugal said in a lawsuit this week in Massachusetts state court that a senior vice president secretly co-founded a competing company, then steered major clients, including DirecTV and Samsung, to the new business.
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October 09, 2025
7th Circ. Denies Rehearing In Harley-Davidson Warranty Case
The Seventh Circuit again affirmed the dismissal of customers' challenge to terms and conditions in Harley-Davidson's motorcycle warranties that limit coverage when third-party parts are used.
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October 09, 2025
Pet Owner Keeps State, But Not Fed., Elanco Tick Meds Suit
Advantix flea-and-tick medication maker Elanco Animal Health Inc. partially ducked a consumer proposed class action by convincing an Indiana federal judge to cut federal antitrust claims, but still must face state law allegations accusing it of paying off PetSmart, Petco and Chewy not to carry generic versions.
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October 09, 2025
Brokerage Urges 10th Circ. To Revive NAR Antitrust Suit
A residential brokerage startup has pushed the Tenth Circuit to reinstate its permanently dismissed antitrust suit against the National Association of Realtors and multiple brokerages, which were accused in Utah federal court of conspiring against the startup because it offered lower buyer-broker commission fees.
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October 08, 2025
Golf Execs Deny Discrediting Jack Nicklaus In NY Lawsuit
Two executives with the company named after Jack Nicklaus testified in Florida state court on Wednesday that they played no role in providing defamatory statements in a New York lawsuit against the golf legend, denying that they also forwarded false claims to reporters and were involved with filing the complaint.
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October 08, 2025
5th Circ. Wary Of TitleMax Affiliate's Aim To Skip Usury Case
A Fifth Circuit panel appears skeptical of a TitleMax affiliate's argument that it should get to escape the Pennsylvania Department of Banking and Securities usury case alleging the affiliate breached state law, saying Wednesday the proceedings looked like typical state police power.
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October 08, 2025
Jones Day, Kirkland Guide TopBuild's $1B Insulation Biz Buy
TopBuild Corp., an installer and distributor of insulation and related building materials in North America, said Wednesday it has acquired Specialty Products and Insulation for $1 billion in cash, with Jones Day advising TopBuild and Kirkland & Ellis LLP guiding SPI.
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October 08, 2025
Judge OKs Amazon's Evidence Clawback In Antitrust Suits
Amazon can claw back certain documents it handed over during discovery in a series of antitrust lawsuits alleging the company's merchant policies artificially raised market prices, a Seattle federal judge has ruled, rejecting objections raised by consumers suing the e-commerce giant.
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October 08, 2025
Del. Judge May Have Mallinckrodt Choose: Injunction Or $10M
A Delaware federal judge said he might ask Mallinckrodt Pharmaceuticals to choose between getting a competitor's inhaled nitric oxide treatment enjoined, or receiving the entire $9.5 million a jury determined it's owed for infringement.
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October 08, 2025
NCAA Denies It Has NIL Data Rutgers Football Player Seeks
The NCAA cannot turn over name, image and likeness information on a Rutgers University athlete bidding to continue playing football this season because the organization does not receive or have access to it, an attorney told a New Jersey federal judge.
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October 08, 2025
NASCAR Antitrust Case Judge Agrees To Settlement Talks
A North Carolina federal judge is asking NASCAR and two of its teams to appear in his courtroom with their chosen mediator after the private stock car racing company requested a judicial settlement conference to try to resolve their antitrust fight ahead of trial.
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October 08, 2025
DOJ Asks For Stay In PVC Antitrust Case Amid Criminal Probe
The U.S. Department of Justice is asking an Illinois federal court to pause discovery in a case accusing polyvinyl chloride pipe manufacturers of using a commodity pricing service to exchange information and fix prices while a grand jury investigates the alleged activity.
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October 08, 2025
Landlord Loses Bid To Depose DC In RealPage Case
A District of Columbia Superior Court judge has rejected a landlord's bid to depose D.C. for the city's rent price-fixing suit against property management software company RealPage Inc. and multiple landlords.
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October 07, 2025
Bausch And Teva Blocked Cheaper IBS Drug, Retailers Say
A slew of retailers on Tuesday accused Bausch Health Cos. Inc. and Teva Pharmaceuticals of working together to keep the generic version of an irritable bowel syndrome drug off the market until 2028, forcing the retailers and other purchasers of the drug to pay monopoly prices.
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October 07, 2025
Mortgage Giants Shared Data To Fix Rates, Homeowners Say
A proposed class of homeowners has launched a sweeping class action against Rocket Mortgage, Wells Fargo, JPMorgan Chase and more than two dozen other mortgage lenders, accusing them of conspiring through Optimal Blue's pricing software to secretly share sensitive data and fix mortgage rates nationwide, allegedly inflating costs and deepening the U.S. housing affordability crisis.
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October 07, 2025
Cabinetry Co. Refiles $3.6B Merger To Give FTC More Time
Kitchen cabinet and vanity manufacturer American Woodmark Corp. has withdrawn and refiled its intent to merge with MasterBrand in a $3.6 billion deal in order to give the Federal Trade Commission more time to scrutinize the deal for competition concerns.
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October 07, 2025
Chanel, The RealReal Fail To Reach Settlement In TM Feud
Fashion house Chanel and used-items retailer The RealReal Inc. have told a Manhattan federal judge they haven't been able to reach a settlement on Chanel's claims of trademark infringement despite, as The RealReal's attorneys put it, significant efforts being expended to try to reach a compromise.
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October 07, 2025
Marijuana Vape Antitrust Actions Consolidated In Calif.
Five proposed antitrust class actions brought by buyers of CCell brand cannabis vape accusing the Chinese manufacturers and U.S. distributors of organizing a price-fixing scheme will be consolidated in California federal court, the U.S. Judicial Panel on Multidistrict Litigation has determined.
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October 07, 2025
NCAA Seeks Toss Of Tenn. Basketball Player's Antitrust Suit
The NCAA is asking a Tennessee federal judge to toss the antitrust lawsuit of a basketball player hoping to skirt the organization's eligibility rules, arguing the Sixth Circuit has already indicated the bylaw is not commercial in nature.
Editor's Picks
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HPE's Trump-Tied Lobbyists Cast 'Pall' Over Merger Review
The firing of two senior officials in the U.S. Department of Justice's Antitrust Division who complained after being forced to accept a merger clearance settlement has caused many practitioners to question whether the traditional separation between competition enforcement and other White House priorities is a thing of the past.
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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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Big Tech's Refusal-To-Deal Defense Hits A Wall: Judges
Apple couldn't do it. Google couldn't do it. Live Nation couldn't do it. CoStar couldn't do it at the Ninth Circuit. Companies accused of monopolization have continually tried to flip allegations of illegally locking in customers into hard-to-prove "refusal-to-deal" litigation.
Expert Analysis
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Strategies For Defending Banks In Elder Abuse Cases
Several recent cases demonstrate that banks have plenty of tools to defend against claims they were complicit in financial abuse of older adults, but financial institutions should also continue to educate customers about third-party scams before they happen, say attorneys at Troutman.
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Mich. Ruling Narrows Former Athletes' Path To NIL Recovery
A federal judge's recent dismissal of a name, image and likeness class action by former Michigan college football players marks the third such ruling this year, demonstrating how statutes of limitation and prior NIL settlements are effectively foreclosing these claims for pre-2016 student-athletes, say attorneys at Venable.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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What's At Stake At High Court For Presidential Removal Power
Two pending U.S. Supreme Court cases —Trump v. Slaughter and Trump v. Cook — raise fundamental questions about the constitutional separation of powers, threaten the 90-year-old precedent of Humphrey's Executor v. U.S. and will determine the president's authority to control independent federal agencies, says Kolya Glick at Arnold & Porter.
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Courts Are Still Grappling With McDonnell, 9 Years Later
The Seventh and D.C. Circuits’ recent decisions in U.S. v. Weiss and U.S. v. Paitsel, respectively, demonstrate that courts are still struggling to apply the U.S. Supreme Court’s 2016 ruling in McDonnell v. U.S., which narrowed the scope of “official acts” in federal bribery cases, say attorneys at Quinn Emanuel.
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Hybrid Claims In Antitrust Disputes Spark Coverage Battles
Antitrust litigation increasingly includes claims for breach of warranty, product liability or state consumer protection violations, complicating insurers' reliance on exclusions as courts analyze whether these are antitrust claims in disguise, says Jameson Pasek at Caldwell Law.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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DOJ Settlement Offers Guide To Avoiding Key Antitrust Risks
The U.S. Justice Department's settlement with Greystar Management shows why parties looking to acquire companies that use pricing recommendation software should carefully examine whether the software algorithm and how it is used in the market create antitrust dangers, say attorneys at Fried Frank.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Female Athletes' NIL Deal Challenge Could Be Game Changer
A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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4 Steps To Designing Effective Survey Samples For Trial
The Federal Trade Commission's recent move to exclude a defense expert's survey in FTC v. Amazon on the basis of flaws in the survey sample design highlights that ensuring survey evidence inclusion at trial requires following a road map for effective survey sample design, say consultants at Compass Lexecon.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.