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Competition
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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
'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 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.
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October 07, 2025
Apple Seeks To Toss IPhone, Watch Buyers' Antitrust Suits
Apple has asked a New Jersey federal court to toss multidistrict antitrust litigation brought by iPhone and Apple Watch buyers, arguing that while they "try in vain to invent" theories about how Apple charges monopoly prices the inflation-adjusted price of the latest iPhone is nearly the same as the first model.
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October 07, 2025
Premera Defends IBS Drug Antitrust Claims Against Takeda
Health insurers and self-insured employers represented by Premera Blue Cross urged a Massachusetts federal judge not to nix a series of state law antitrust claims from the broader certified class action accusing Takeda Pharmaceutical of paying Par Pharmaceuticals to delay generic competition to anticonstipation drug Amitiza.
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October 07, 2025
NASCAR Seeks Judge-Led Settlement Talks In Antitrust Row
Just eight weeks before a highly publicized antitrust battle between NASCAR and two of its teams heads to trial, the private stock car racing company asked a North Carolina federal court for a judicial settlement conference, noting the parties have "exhausted" alternative options.
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October 07, 2025
DOJ Backs Patent Rights In Disney's Streaming Antitrust Case
The U.S. Department of Justice urged a Delaware federal court to ensure wireless technology company InterDigital's patent rights are protected when it assesses Disney's antitrust case accusing the company of monopolizing video streaming technology.
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October 07, 2025
Comcast Wins PTAB Fight Against Entropic Receiver Patent
The Patent Trial and Appeal Board has found that an Entropic Communications LLC television receiver patent challenged by Comcast is invalid, about a month after the board found that claims in two other patents were also unpatentable.
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October 07, 2025
Price-Fixing Judge Rejects Recusal Bid As Insincere
A Minnesota federal judge on Tuesday refused to recuse himself from consolidated private price-fixing litigation against a raft of pork producers, saying the defense's claims of bias due to one of his clerks' internships for plaintiff firms are a "fabricated" claim of impropriety.
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October 07, 2025
Zillow Can See Anywhere Deal Docs In Compass Antitrust Suit
A New York federal judge partially approved real estate listings company Zillow Inc.'s discovery motion in brokerage Compass Inc.'s antitrust suit over Zillow's listings policy, ruling that Compass must provide Zillow with specific documents related to its $1.6 billion all-stock acquisition of Anywhere Real Estate Inc.
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October 07, 2025
Bondi Declines To Discuss James Comey Indictment
Appearing before the Senate Judiciary Committee on Tuesday, U.S. Attorney General Pam Bondi deflected when questioned on the recent indictment of former FBI Director James Comey and other controversies involving the U.S. Department of Justice.
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October 07, 2025
Willkie Adds Ex-Asst. Solicitor General As Group Head
Willkie Farr & Gallagher LLP has added a former assistant to the solicitor general as its new firmwide chair of appeals and strategic motions practice group, the firm announced Tuesday.
Expert Analysis
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Patent Claim Lessons From Fed. Circ.'s Teva Decision
The Federal Circuit's recent decision in Janssen v. Teva is an important precedent for parties drafting patent claims or litigating obviousness where the prior art has potentially overlapping ranges for a claimed element, and may be particularly instructive to patent applicants in the pharmaceutical field, say attorneys at Cooley.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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A Changing Playbook For Fighting Records Requests In Del.
The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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FTC, CoStar Cases Against Zillow May Have Broad Impact
Zillow's partnerships with Redfin and Realtor.com have recently triggered dual fronts of legal scrutiny — an antitrust inquiry from the Federal Trade Commission and a mass copyright infringement suit from CoStar — raising complex questions that reach beyond real estate, says Shubha Ghosh at Syracuse University College of Law.
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How 2nd Circ. Cannabis Ruling Upends NY Licensing
A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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A Change In Big Pharma Response To FTC Delisting Warnings
While the effect of Federal Trade Commission notices to pharmaceutical companies about allegedly improper patent listings in the U.S. Food and Drug Administration's Orange Book had been de minimis through the end of last year, July data shows an increase in delistings, say Ratib Ali and Celia Lu at Competition Dynamics.