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Competition
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December 16, 2025
Visa, Mastercard Say Merchants Too Late To Join Class Action
Visa and Mastercard told Britain's antitrust tribunal Tuesday that a number of merchants should not be allowed to join collective proceedings accusing them of unfairly imposing interchange fees on retailers after the deadline to opt in.
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December 16, 2025
Omni Bridgeway Taps New Antitrust, Arbitration Leaders
The Australia-headquartered litigation funding firm Omni Bridgeway has hired new leaders for its arbitration and antitrust initiatives in the U.S., who bring experience working at the U.S. Department of Justice, the International Court of Justice and a number of law firms to the team in Washington, D.C.
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December 16, 2025
Apple, Amazon Accused Of Collusion In £900M Class Action
Apple and Amazon have been hit with a £900 million ($1.2 billion) collective action at a U.K. tribunal on behalf of more than 10 million consumers who allegedly overpaid for Apple's products because of unlawful collusion between the two technology giants.
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December 15, 2025
2nd Circ. Won't Revive Ex-Basketball Players' NIL Claims
The Second Circuit on Monday refused to revive a putative class action filed by former college basketball players claiming the NCAA unjustly profited from use of their names and images years after their careers ended, saying the "continuing violation doctrine" doesn't apply and the suit was filed too late.
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December 15, 2025
FCC Sides With Nexstar In Ohio Retransmission Dispute
The Federal Communications Commission has dismissed a complaint by Cincinnati Bell against TV station chain Nexstar for allegedly failing to negotiate in good faith for program carriage rights to WDTN, the Nexstar-owned NBC affiliate serving Dayton, Ohio.
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December 15, 2025
Telecom Says It Was Upcharged 864 Times For Fiber Install
An Iowa-based telecom has accused a Lumen unit of trying to balloon a nearly $300,000 job to $257 million by forcing it to pay per foot for each of the 864 "hair-width glass fiber strands" in a single cable that will be pulled through 50-plus miles of tunnel under Phoenix.
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December 15, 2025
Microsoft Seeks To Exit ChatGPT Users' OpenAI Antitrust Suit
Microsoft has slammed a proposed class action accusing the company of bullying OpenAI into a cloud computing deal as devoid of fact and economic sense in two motions filed in California federal court, saying the plaintiffs, ChatGPT subscribers, are trying to dodge an arbitration clause in the chatbot developer's user terms.
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December 15, 2025
Walmart Adds To Visa, Mastercard Swipe-Fee Deal Objections
Walmart has become the latest retailer to object to a proposed new settlement between Visa, Mastercard and a class of potentially millions of merchants to resolve two decades of antitrust litigation, claiming the class plaintiffs and counsel have "sold out their fellow class members."
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December 15, 2025
States Fight Sandoz Bid To Argue Duplication In Generics Row
Multiple attorneys general have told a Connecticut federal court that Sandoz Inc. and Fougera Pharmaceuticals Inc. can't claim the states' grievances over allegations of price fixing are duplicative of claims that were already settled, since there are some claims and forms of relief that only state plaintiffs can seek.
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December 15, 2025
DOJ Raises Accreditation Concerns In Vet School Case
The U.S. Department of Justice waded into a Tennessee veterinary school's antitrust case challenging the American Veterinary Medical Association's accreditation requirements, raising concerns about the risk posed by professional groups that play gatekeeping functions.
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December 15, 2025
NC Panel Says State's Hospital Law Is Constitutional
North Carolina's "certificate of need" law hasn't created a monopoly nor has it restricted an eye surgeon's right to earn a living, a state court panel ruled Friday, ending for now the surgeon's yearslong suit arguing the law is facially unconstitutional.
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December 15, 2025
DC Circ. Urged To Revive Rail Fuel Surcharge Collusion Suit
Rail shippers painted a story of different judges reaching opposite conclusions on the same evidence in an attempt to convince the D.C. Circuit to revive their lawsuit accusing Union Pacific, CSX, Norfolk Southern and BNSF of colluding on freight fuel surcharges.
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December 15, 2025
Profs, Pashman Stein Partner Back Burford In 3rd Circ. Case
Two prominent international arbitration professors and a Pashman Stein Walder Hayden PC partner are urging the Third Circuit to revisit its decision dismissing on jurisdictional grounds Burford Capital's bid to arbitrate a dispute relating to German antitrust litigation.
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December 15, 2025
Texas, Toronto Stock Exchanges End Trademark Dispute
The Texas Stock Exchange has buried the hatchet with the Toronto Stock Exchange and ended its suit seeking a court finding that the two exchanges' logos are dissimilar.
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December 15, 2025
Supreme Court Turns Down Entresto Patent Fight
The U.S. Supreme Court on Monday rejected a petition from MSN Pharmaceuticals Inc. claiming the Federal Circuit improperly applied what is known as after-arising technology when reviving a patent covering Novartis Pharmaceuticals Corp.'s blockbuster cardiovascular drug Entresto.
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December 12, 2025
Google To Face Publishers' Class Claims Over AdX Exchange
A New York federal judge Friday granted class certification in a multidistrict antitrust litigation over Google's advertising technology to publishers who sold ad space through the search giant's AdX ad space marketplace, but denied certification to publishers who used Google's AdSense platform and to a proposed class of advertisers.
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December 12, 2025
Live Nation Consumers Get Class Certified In Antitrust Case
A California federal judge Friday certified a class of consumers accusing Live Nation of monopolizing the live entertainment industry, rejecting the company's argument that there aren't common issues that predominate over individual ones and adopting a tentative ruling he issued earlier this month.
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December 12, 2025
Dropped FTC Complaint: Pepsi Gave Walmart A 'Price Gap'
The Federal Trade Commission's newly unsealed New York federal court complaint confirms that the agency had accused Pepsi of favoring Walmart, until the newly Republican-controlled FTC abandoned the lawsuit alleging the soda giant both gave Walmart discounts denied others and actively sought to raise Walmart's rivals' own prices.
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December 12, 2025
Merchant Orgs. Fight Latest Visa, Mastercard Swipe-Fee Deal
The National Association of College Stores, Energy Markets of America and other industry groups objected Friday to a proposed new settlement between Visa, Mastercard and a class of potentially millions of merchants to resolve two decades of antitrust litigation, claiming the deal "does not come close to fixing the swipe fee challenges" faced by merchants.
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December 12, 2025
Duke Energy Pushes Back On DOJ's View Of 'Monopoly Broth'
Duke Energy told the U.S. Supreme Court the government is backing a rival's antitrust claims accusing the power giant of squeezing it out of the North Carolina market simply to help enforcers' own cases accusing Big Tech companies of using a "monopoly broth" to thwart competition.
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December 12, 2025
1st Circ. Affirms Ex-ADI Engineer's Trade Secrets Conviction
The First Circuit has affirmed a former Analog Devices Inc. engineer's trade secrets conviction, ruling that the indictment's reference to a specific microchip model did not preclude a guilty verdict based on his possession of schematics for its prototype.
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December 12, 2025
MVP: Winston & Strawn's Jeffrey Kessler
Winston & Strawn LLP's Jeffrey Kessler helped student athletes reach a landmark multibillion-dollar settlement with the NCAA in long-running litigation over the use of name, image and likeness, earning him a spot as one of the 2025 Law360 Competition MVPs.
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December 12, 2025
Shipbuilders, Naval Engineer Spar Over Witness Statements
Shipbuilders and design consultants accused of illegally conspiring to suppress industry wages are clashing with a former naval engineer over what various witnesses told her in support of her proposed class action against the companies.
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December 12, 2025
Taxation With Representation: Cravath, Skadden, Debevoise
In this week's Taxation With Representation, Paramount Skydance Corp. launches a hostile bid for Warner Bros. Discovery, challenging Netflix's deal to acquire the studio and streaming business, IBM acquires data streaming company Confluent, and natural gas company Antero Resources Corp. expands via a deal with HG Energy.
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December 12, 2025
Microsoft Says £2B Class Action Fails To ID Viable Legal Test
Microsoft said at a London antitrust tribunal on Friday that a claim potentially worth £2.1 billion ($2.8 billion) should not be given clearance to continue, arguing the competition lawyer proposing to bring it had not identified a route for it to go to trial.
Expert Analysis
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And Now A Word From The Panel: Choosing MDL Venues
One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.
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What Novel NIL Suit Reveals About College Sports Landscape
A first-of-its-kind name, image and likeness lawsuit — recently filed in Wisconsin state court by the University of Wisconsin-Madison against the University of Miami — highlights new challenges and risks following the NCAA’s landmark agreement to allow schools to make NIL deals and share revenue with student-athletes, say attorneys at O'Melveny.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Pemex Bribery Charges Provide Glimpse Into FCPA Evolution
A recently unsealed indictment against two Mexican nationals for allegedly bribing officials at Pemex, Mexico’s state-owned oil company, reveals that Foreign Corrupt Practices Act enforcement is adapting to new priorities, but still remains active, and compliance programs should continue apace, say attorneys at Crowell & Moring.
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Assessing Potential Ad Tech Remedies Ahead Of Google Trial
The Virginia federal judge tasked with prying open Google’s digital advertising monopoly faces a smorgasbord of potential remedies, all with different implications for competition, government control and consumers' internet experience, but compromises reached in the parallel Google search monopoly litigation may point a way forward, say attorneys at MoloLamken.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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FTC Actions Highlight New Noncompete Enforcement Strategy
Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.
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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.