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Competition
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July 15, 2025
Trash Hauler Accused Of Blocking Competitor Amid Strike
A Massachusetts competitor to trash hauler Allied Waste Systems says the company is interfering with its efforts to offer customers an alternative during a strike that is entering its third week, according to a complaint filed Tuesday in state court.
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July 15, 2025
Anthropic Seeks 9th Circ. Fair Use Appeal Over Piracy Claims
Anthropic PBC asked a California federal judge Tuesday to let the Ninth Circuit review his decision that making fair use of copyrighted books to train artificial intelligence technology did not absolve the company of potential liability for alleged piracy.
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July 15, 2025
Court Reporters Defend Suit Saying Group Coerces Dues
A pair of court reporters defended their New Jersey federal court proposed class action accusing the National Court Reporters Association of anticompetitively conditioning needed certification on expensive membership with the group, arguing the NCRA can't try to argue that membership and certification are one and the same.
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July 15, 2025
Class Action Targets Archery Cos. For Alleged Price-Fixing
A Tennessee man alleged a vast scheme to fix prices on archery goods in a proposed class action in federal court Monday, naming the sport's top trade association, manufacturers and retailers as key figures in the decade-long conspiracy.
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July 15, 2025
PVC Pipe Buyers Seek Initial OK Of $6M Deal In Antitrust Row
Counsel for two classes of purchasers of polyvinyl chloride pipe urged an Illinois federal judge Tuesday to grant preliminary approval to two $3 million settlements resolving their antitrust claims against an analytics service allegedly used in a conspiracy by PVC pipe makers to inflate the price of their products.
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July 15, 2025
TikTok, Chinese Co. Dispute Ownership Of Video Editing Tech
TikTok and a Chinese company that accuses it of stealing trade secrets for a video-editing tool and infringing copyrights related to the tool have filed opposing motions for summary judgment, with the social media giant arguing that the plaintiff has not established ownership of the technology in question.
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July 15, 2025
Small Carriers Caught Off Guard By Demand-Free T-Mobile OK
Rural wireless carriers appeared stunned by the feds' recent decision to let T-Mobile absorb most of UScellular without setting new requirements meant to protect their service areas, but they aren't the only ones dismayed by the turn of events.
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July 14, 2025
FCC Greenlights Bell Canada's $3.65B Ziply Fiber Deal
The Federal Communications Commission on Monday granted its approval to Canadian communications company BCE Inc.'s planned acquisition of U.S. internet provider Ziply Fiber for about CA$5 billion ($3.65 billion).
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July 14, 2025
Artists' Expert Can't View Some Material In Stability AI Row
A California federal magistrate judge on Monday blocked artists' expert from accessing the confidential information and source code of Stability AI and other artificial intelligence platforms in copyright infringement litigation, ruling that the expert's work makes him a "functional competitor" of the companies.
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July 14, 2025
BCBS Defends $2.8B Provider Antitrust Deal Amid Objections
Blue Cross Blue Shield asked an Alabama federal judge on Friday to approve a $2.8 billion antitrust settlement with hospitals and other healthcare providers over its territorial policies, arguing that recent objections to the deal's release provision are meritless and the settlement preserves "key, procompetitive features" of the insurance system.
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July 14, 2025
Michael Jordan's NASCAR Team Takes 2nd Stab At Injunction
Two NASCAR teams retooled their fight to finish out the 2025 race season as chartered teams Monday, telling a North Carolina federal court that their businesses are imperiled without an injunction and temporary restraining order that guarantee lucrative racing slots.
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July 14, 2025
Media Matters Wants FTC Probe Paused Pending Suit
Media Matters for America asked a D.C. federal court Monday for a preliminary injunction to block what it calls a retaliatory investigation by the Federal Trade Commission, saying the agency has been weaponized against the organization for simply exercising its First Amendment rights.
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July 14, 2025
LinkedIn Antitrust Deal Offers Open Access And $4M For Attys
LinkedIn will stop conditioning online interface access on would-be rivals agreeing not to field their own professional social network, under an antitrust settlement with premium subscribers disclosed Friday in California federal court that promises $4 million for class attorneys from Bathaee Dunne LLP, Burke LLP and Korein Tillery PC.
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July 14, 2025
Google Ads Rival Wants Search Fix To Include It, AI Cos.
If a D.C. federal judge agrees with the Justice Department and orders Google to syndicate its search and search advertising results, he should do so in a way that permits expansive access, a search advertising rival said Friday in an 11th-hour intervention bid.
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July 14, 2025
Microsoft, OpenAI Ask 9th Circ. To Toss Coders' DMCA Claims
Microsoft and OpenAI have asked the Ninth Circuit to affirm the dismissal of a suit brought by coders who claim that the companies' large language models spit out code almost identical to code they wrote, saying the coders have only alleged hypothetical injuries.
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July 14, 2025
$94M Fee Bid In Auto Parts Antitrust MDL Rejected, For Now
A Michigan federal judge on Friday rejected class counsel's request to add $94 million to the $269 million fee award they have already secured for cutting deals totaling $1.2 billion resolving automotive parts antitrust litigation, finding that the request is excessive and premature, but allowing counsel to revise it in the future.
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July 14, 2025
Tevra Asks 9th Circ. To Revive Bayer Flea, Tick Meds Suit
Tevra Brands LLC called on the Ninth Circuit to order a new trial after it said a lower court made several errors that prevented it from showing a jury that Bayer HealthCare LLC used exclusive contracts to lock up the market for a flea and tick treatment for dogs and cats.
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July 11, 2025
NCAA's $2.8B NIL Deal Nets Athletes' Firms Over $455M In Fees
A California federal judge Friday approved approximately $455 million in attorney fees for class counsel in the NCAA's $2.78 billion class action settlement that, for the first time, will provide for revenue sharing with college athletes, with additional fees set to roll in annually for 10 years.
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July 11, 2025
Ill. Judge Wants Limited Ethics Claim Info In Aid-Fixing Suit
An Illinois federal judge weighing ethical fee concerns in an aid-fixing suit against several elite universities said Friday that the class attorney who raised the issue should outline his dispute in a sealed filing before the court decides whether discovery should be taken over it.
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July 11, 2025
Amgen Eyes New Trial After Regeneron's $407M Antitrust Win
Amgen urged a Delaware federal judge in documents made public Friday to overturn a nearly $407 million antitrust and tortious-interference verdict in favor of Regeneron, saying there was a serious lack of evidence shown to the jury.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.
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July 11, 2025
NPE Drops Injunction Bid In Samsung IP Suit Eyed By Feds
A nonpracticing entity has dropped its bid for a preliminary injunction in its patent infringement case against Samsung in eastern Texas federal court, shortly after the federal government made the rare move of expressing interest in the case.
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July 11, 2025
Success Tricking FDA Shouldn't Protect Merck, Justices Told
Physicians asked the U.S. Supreme Court to review a decision immunizing Merck & Co. from antitrust claims over submissions it made to federal regulators over its mumps vaccine, arguing the Third Circuit went far beyond its peers in holding that deceiving the government isn't illegal if the deception worked.
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July 11, 2025
Google Won't Have To Turn Over EU Ad Tech Settlement Docs
A Virginia federal judge refused a request from the U.S. Department of Justice Friday to force Google to hand over submissions it made to European enforcers when trying to settle their investigation as the sides ready for a remedies trial in the ad tech monopolization case.
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July 11, 2025
Compass Says It Will Share Exclusive Listings With Any Brokers
Brokerage firm Compass Inc. announced Friday that it will conditionally share its exclusive homeowners listings with any brokers or multiple listing services.
Expert Analysis
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Colo. Antitrust Law Signals Growing Scrutiny Among States
Colorado's recently enacted Uniform Antitrust Pre-Merger Notification Act makes it the second state to add such a requirement, reflecting a growing trend and underscoring the need for merging parties to plan for a more complex and multilayered notification landscape for deals, say Puja Patel and Noa Gur-Arie at Cleary.
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Va.'s Altered Surcharge Law Poses Constitutional Questions
Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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How Trump Administration's Antitrust Agenda Is Playing Out
Under the current antitrust agency leadership, the latest course in merger enforcement, regulatory approach and key sectors shows a marked shift from Biden-era practices and includes a return to remedies and the commitment to remain focused on the bounds of U.S. law, say attorneys at Wilson Sonsini.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
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OCC's Digital Embrace Delivers Risk, Opportunity For Banks
As the Office of the Comptroller of the Currency continues to release and seek more information on banks' participation in the crypto-asset arena, institutions may see greater opportunity to pursue digital asset and custody services, but must simultaneously educate themselves on transformations occurring throughout the industry, says Kirstin Kanski at Spencer Fane.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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State AGs' Focus On Single-Firm Conduct Is Gaining Traction
Despite changes in administration, both federal antitrust agencies and state attorneys general have shown a trending interest in prosecuting monopolization cases involving single-firm conduct, with federal and state legislative initiatives encouraging and assisting states’ aggressive posture, says Steve Vieux at Bartko Pavia.
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4 Midyear Employer Actions To Reinforce Compliance
The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.
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Synopsys-Ansys Merger Augurs FTC's Return To Remedies
The Federal Trade Commission's recent approval of $35 billion merger between Synopsys and Ansys, subject to the divestiture of certain assets, signals a renewed preference for settlements over litigation, if the former can preserve competition and a robust structural remedy is available, say attorneys at Simpson Thacher.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.