Zillow-Redfin Settlement Spotlights Nontraditional-Deal Risk

The Federal Trade Commission's recent settlement with Zillow and Redfin serves as a reminder that authorities are increasingly interested in challenging nontraditional transaction structures that effectively eliminate a market participant, which includes some exclusivity arrangements, say attorneys at Freshfields.

Series

Mentalism Makes Me A Better Lawyer

Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

Why And How To Build A Neurodiversity-Informed Practice

By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

How FTC Win Charts A Court-1st Merger Litigation Playbook

A New York federal court's recent decision blocking Henkel's acquisition of Liquid Nails marked a decisive trial win for the Federal Trade Commission, and tips for merging parties in similar transactions now include preparing for full-blown federal litigation, including a complete evidentiary trial, say attorneys at Cooley.

Contact Lens Rule's Evolution Steers FTC Guidance Program

The history of the Federal Trade Commission's Contact Lens Rule illustrates the goals of the FTC's recently announced guidance program, which aims to strengthen consumer protection and safeguard competition, say attorneys at Wilson Sonsini.

DOJ-Agri Stats Settlement Offers Key Benchmarking Lessons

A Minnesota federal court's recent approval of the Agri Stats settlement marks a significant milestone as it's the most granular U.S. Justice Department guidance on permissible competitor benchmarking since the 2023 withdrawal of the safety zone, lending predictability for companies in data-pooling arrangements, say attorneys at Arnold & Porter.

Why Importers Should Assess IEEPA Refund Claims Now

Businesses that wait for direction from U.S. Customs and Border Protection or the courts before seeking refunds of their finally liquidated International Economic Emergency Procedure Act duties in court may find them out of reach as the earliest potential limitation deadlines are approaching, says Samuel Finkelstein at LMD Trade Law.

HSR Compliance Lessons Abound In Proposed $250M Deal

The U.S. Justice Department's recently proposed $250 million Hart-Scott-Rodino Act settlement with KKR sheds light on additional safeguards that companies can put into place to mitigate risk as they prepare for their next deal, including implementation of a robust document process, say attorneys at White & Case.

Mapping The Shifting Landscape Of Algorithmic Pricing Laws

As state legislative activity and federal developments abound in algorithmic pricing practice, companies steering through this regulatory patchwork should consider a number of key issues, including status, use and exemptions, say attorneys at Covington.

Testing AI's Promise For Large-Scale Document Review

Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

Navigating A Key Inflection Point In Biosimilar Sector M&A

As biosimilar mergers and acquisitions gain notice amid U.S. Food and Drug Administration reforms, a maturing patent framework and a looming patent cliff, companies diversifying into the higher-growth biologics space should align their regulatory, intellectual property and transactional strategies, say attorneys at Skadden.

AI Meeting Recaps Pose New Discovery And Privilege Risks

The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

Class Actions At The Circuit Courts: September Lessons

In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

HPE-Juniper Settlement Teaches Key Tunney Act Lessons

A California federal court's recent approval of the U.S. Department of Justice's settlement with Hewlett Packard over its Juniper Networks acquisition offers legal practitioners some crucial lessons, including on unique tech-sector remedies for mergers and acquisitions and the continued viability of the Tunney Act, says Shubha Ghosh at Syracuse University College of Law.

An Economic Approach Could Curb Broad Antitrust Classes

A Minnesota federal court's recent certification decision reflects a familiar antitrust pattern of inefficiently broad class certification even when the alleged conspiracy's effect is likely to vary significantly across buyers, but utilizing an economic interpretation of predominance would enhance efficiency by leading to narrower classes, says Sean Durkin at Charles River.