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Competition
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November 21, 2025
Electric Air Taxi Co. Joby Says Rival Stole Trade Secrets
Joby Aviation has accused rival electric air-taxi company Archer Aviation Inc. of recruiting one of Joby's senior executives who pilfered Joby's trade secrets, which Archer then used to gain leverage in negotiations with a development partner on a lucrative deal, according to a new California state court complaint.
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November 21, 2025
11th Circ. Can't Hear $3M Worker-Poaching Dispute
The incomplete resolution of an abandoned civil conspiracy claim sank twin appeals Friday in a worker-poaching suit that saw a Florida federal jury award more than $3 million in damages to a New York insurance brokerage after finding a competitor interfered with its business.
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November 21, 2025
FCC Looks To Alter Local Affiliates' Ties To Major Networks
The Federal Communications Commission wants the public to weigh in on "barriers" that could stand in the way of local TV broadcasters as it examines their legal and contract ties to national networks.
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November 21, 2025
PBMs Say Gov't Benefits From Drug Rebates FTC Condemns
Caremark Rx, Express Scripts and OptumRx have been given permission to seek documents they say will show the government benefits from the same type of prescription drug rebating activity that's being targeted by the Federal Trade Commission's insulin pricing case.
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November 21, 2025
'No Evidence' New Info Backs J&J Unit's Libel Suit, Court Told
A doctor being sued by Johnson & Johnson's bankrupt talc subsidiary pushed back on the unit's bid to revive its trade libel claim over a scientific article she wrote linking asbestos in talc to mesothelioma, arguing it failed to cite any evidence that undermines the court's finding that the article was a nonactionable statement of scientific opinion.
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November 20, 2025
Invisalign-Maker's Sweetened $32M Antitrust Payout OK'd
A California federal judge who previously rejected Invisalign-maker Align Technology's $27.5 million antitrust deal with SmileDirectClub buyers because it included a coupon program said Thursday he will approve a revised deal, which provides for an all-cash $31.75 million payout.
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November 20, 2025
Keurig Buyers Denied Class Cert. In K-Cup Antitrust Row
A New York federal judge on Thursday denied class certification to direct purchasers of Keurig K-Cups who accuse the coffee machine company of stifling competition, saying the coffee pod buyers failed to show that common questions predominate those affecting only individual class members, particularly when it comes to antitrust injury.
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November 20, 2025
9th Circ. Urged To Revive Google Maps Antitrust Suit
App makers urged the Ninth Circuit on Thursday to revive a proposed class action targeting Google's Maps product, arguing that the lower court erred in failing to accept at the pleading stage their antitrust arguments that Google's terms suppressed competition, allowing Google to increase developer costs up to 1,400%.
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November 20, 2025
States Back Hockey Players In Antitrust Fight Over Contracts
More than a dozen states have thrown their support behind current and former players in an antitrust lawsuit against the National Hockey League and its pipeline junior organizations, arguing a lower court's dismissal ignores how exclusive recruiting territories reduce competition for labor.
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November 20, 2025
Subletting Co. Settles NYC's Illegal STR 'Matchmaker' Claims
A subletting company has agreed to resolve claims that it was used as a "'matchmaker'" of sorts for advertising and setting up illegal short-term rentals in New York City, the Mayor's Office of Special Enforcement announced.
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November 20, 2025
Pharma Cos. Seek Early Win In States' Price-Fixing Lawsuit
A collection of states failed to prove an overarching conspiracy among 25 separate pharmaceutical companies to fix the prices of generic drugs, most of them dermatology formulations, the drugmakers argued Wednesday in support of a bid for an early win on one element of dozens of antitrust claims.
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November 20, 2025
Blue Shield Of California, Magellan Sued Over 'Ghost Network'
Blue Shield of California and Magellan Health maintain a "ghost network" directory of mental health providers who don't exist or don't accept new patients, leading customers to hit a dead end or desperately resort to expensive out-of-network providers, according to a proposed class action filed Wednesday in California federal court.
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November 20, 2025
State AGs Want Further HPE-Juniper Integration Barred
The Democratic state attorneys general challenging the controversial U.S. Department of Justice settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks want a California federal judge to bar the companies from "further integration" while they push the court to reject the deal outright.
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November 20, 2025
FTC Withdraws In-House GTCR Merger Case
The Federal Trade Commission withdrew its administrative case challenging GTCR BC Holdings LLC's acquisition of a medical coatings supplier to consider whether to drop the case entirely after an Illinois federal judge refused to put the merger on hold.
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November 20, 2025
Meta Loss Shows Time Not On Enforcers' Side In Tech Cases
Meta's triumph over a Federal Trade Commission antitrust case Tuesday hinged on a D.C. federal judge's finding that the company lacks a monopoly in the present day, highlighting some of the challenges of using slow-moving litigation to challenge fast-moving markets.
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November 20, 2025
DOJ Antitrust Chief Says Agriculture A 'Top Priority'
The U.S. Department of Justice's top antitrust official said enforcers have already opened several investigations in the agriculture sector, including into meatpackers at the direction of President Donald Trump, and called the industry a "top priority" for the agency.
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November 20, 2025
Claims Firms Barred From Misleading Plaintiffs In Pharma MDL
On the same day that a Philadelphia federal judge approved $58 million in settlements as part of an ongoing generic-drug price-fixing multidistrict litigation, she also ordered several claims recovery firms to correct allegedly false and misleading ads used to attract potential clients seeking to make claims on the settlements.
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November 20, 2025
State Of NIL Play At High Schools
An Ohio state judge's temporary halt of a policy barring name, image and likeness compensation for high school athletes may have the domino effect of wiping out the ban in the handful of states that still have it. Here, Law360 takes a look at the holdout states and the legislative and bylaw changes they are contemplating to lift the ban.
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November 20, 2025
Realtors Rule Change Backs Antitrust Suit, Agents Argue
A proposed class of Michigan real estate brokers and agents have asserted that the National Association of Realtors effectively admitted to the litigants' antitrust claim when it revoked its disputed policy, which required membership in the organization to use multiple listing services.
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November 20, 2025
Unlockd Is Latest Google Foe To Seek Judge's Recusal
Unlockd Media has become at least the second Google antitrust foe to seek the recusal of U.S. District Judge Haywood S. Gilliam Jr. over his close relationship with Google's vice president for litigation and discovery.
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November 20, 2025
Congressional Dems Revive Bill To Curb Rental Price-Fixing
A group of Democratic lawmakers have reintroduced legislation in Congress to crack down on landlords using algorithms to systematically raise rental prices.
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November 20, 2025
Apple Bids To Cut Free ICloud Users From £3B 'Which' Claim
Apple told the Competition Appeal Tribunal on Thursday that iCloud users who never paid for the service should be struck out from a proposed £3 billion ($3.9 billion) collective action claim brought by Which because their loss is "entirely subjective."
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November 19, 2025
Space Force Beats Lanham Act Claims In Florida Suit
A Florida federal judge ruled in favor of the U.S. Space Force on Lanham Act claims in a lawsuit brought by a commercial launch provider that alleged the government was required to utilize its services to launch rockets when available, finding the agency isn't prohibited from using its own facilities.
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November 19, 2025
Justices Told Presidential Firing Limits Is An 'Originalist' Idea
A bipartisan collection of current and former government officials has urged the U.S. Supreme Court to uphold a 90-year-old ruling that empowers Congress to prohibit the president from firing certain agency officials at will, claiming the precedent has roots that date back to the country's founding and reflects key separation of powers principles.
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November 19, 2025
4 Groups Urge FCC To Reject Charter, Cox Merger
Four public interest groups petitioned the Federal Communications Commission on Tuesday to block the $34.5 billion merger agreement between cable giants Charter and Cox.
Expert Analysis
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Dupes Boom Spurs IP Risks, Opportunities For Investors
The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.
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How Trump's Trade Policies Are Shaping Foreign Investment
Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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FTC Focus: Enforcers Study AI Innovation And Entrenchment
The Federal Trade Commission and other regulators setting their sights on the burgeoning artificial intelligence ecosystem are considering how the government should approach innovation in tech markets that tend, almost inevitably, toward concentration, say attorneys at Proskauer.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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New Law May Reshape Fla. Employer Noncompete Strategy
With Florida's CHOICE Act taking effect this week, employers should consider the pros and cons of drafting new restrictive covenant agreements with longer noncompete or garden leave periods and enhanced enforcement mechanisms, say attorneys at Vedder Price.
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Navigating Antitrust Risks When Responding To Tariffs
Companies should assess competitive perils, implement compliance safeguards and document independent decision-making as they consider their responses to recent tariff pressures, say attorneys at White & Case.
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Employer Best Practices For Navigating Worker Separations
As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.