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Competition
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May 23, 2025
Insulet Foe Rips $30M Atty Fee Ask As 'Over-Lawyered'
A South Korean medical device maker told a Massachusetts federal judge that rival Insulet's request for $30 million in attorney fees following a $60 million trade secrets judgment should be denied, calling that amount "exorbitant" and saying Insulet "consistently over-lawyered disputes."
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May 23, 2025
FTC Finally Drops Challenge To Microsoft-Activision Deal
The Federal Trade Commission has dropped its in-house case seeking to block Microsoft's $68.7 billion purchase of video game developer Activision Blizzard, after its Ninth Circuit loss earlier this month, ending a lingering challenge to a deal that closed in late 2023.
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May 23, 2025
Switchblade Maker Claims Competitor Infringed Lock Patent
The makers of a switchblade knife featured in a "John Wick" movie claim a competitor copied their patented design for keeping the blade from wiggling or rattling, according to a federal lawsuit filed in Pennsylvania.
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May 22, 2025
Asphalt Exec Gets 6 Months For $22M Bid-Rigging Scheme
A Michigan federal judge on Thursday sentenced a former asphalt paving company president to six months in prison, saying the roughly $22 million in contracts that his involvement in a bid-rigging scheme earned his company warrants prison time to deter white-collar crime.
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May 22, 2025
FTC Can't Get Amazon Execs' Financials Yet In Prime Case
A Washington federal court has refused the Federal Trade Commission's request to immediately force several Amazon executives to turn over sensitive financial information, ruling the agency must instead wait until after trial in its case accusing the company of trapping consumers into renewing Prime subscriptions.
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May 22, 2025
Cities Say They Fixed Bid To Divest Axon Police Camera Buy
A trio of local governments urged a New Jersey federal judge Wednesday not to tee up an attack on their bid to force Axon Enterprise Inc. to divest a police body camera company whose purchase they say helped it monopolize the market, arguing they've fixed failings from an earlier complaint.
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May 22, 2025
Fla. Can't End Tech Groups' Challenge To Social Media Law
A Florida federal judge on Thursday denied the state's motion to dismiss a complaint brought by technology groups challenging a Florida law restricting social media companies from blocking political candidates, ruling that the plaintiffs have standing to sue on behalf of their members.
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May 22, 2025
EpiPen Direct Buyers, Mylan Get Final OK On Antitrust Deal
Mylan Pharmaceuticals' $73.5 million settlement with a class of direct EpiPen buyers has received final approval from a Kansas federal judge, closing out claims from institutional drug resellers that Mylan worked with Pfizer to forestall an EpiPen generic from hitting the market and artificially inflating prices for the emergency injectable.
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May 22, 2025
Sutter Health's $228.5M Antitrust Deal Gets Initial OK
A California federal judge on Thursday preliminarily approved Sutter Health's $228.5 million deal settling a 13-year case over claims the hospital chain boosted costs by pushing all-or-nothing networks on insurers, saying that after a trial and a Ninth Circuit reversal, "it's nice that we didn't have to try this case twice."
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May 22, 2025
NCAA Pushes Back On U. Of Montana Athlete's Eligibility Bid
College sports' "five-year rule" capping how long an athlete can play their sport at four years doesn't violate antitrust law or unfairly deny a University of Montana basketball player a chance to both play and earn name, image and likeness compensation, the NCAA argued in opposing that player's bid for an injunction allowing him to play next season.
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May 22, 2025
Federal Gov't Backs States' BlackRock Coal Investments Suit
The federal government on Thursday threw its support behind a case from Texas and several other states that accuses investment groups including BlackRock Inc. of using their energy holdings to drive up coal prices under the guise of environmental concerns.
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May 22, 2025
Coalition Backs Calif. Tribe's Fight Over $700M Casino Project
A coalition of tribes weighed in on a dispute over the federal government's decision to rescind gambling eligibility for the Scotts Valley Band of Pomo Indians' $700 million casino project, questioning the federal government's perceived acquiescence to pushback from other tribes.
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May 22, 2025
GOP FTC Drops Dems' Pepsi Price Discrimination Suit
The Republican-controlled Federal Trade Commission on Thursday dropped one of the last cases approved by agency Democrats before they handed over the gavel, abandoning a New York federal court complaint accusing Pepsi of giving a big box retailer better terms and promotional payments than smaller competitors.
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May 21, 2025
FTC Urges 8th Circ. Not To Pause In-House PBM Case
The Eighth Circuit should once again say no to a request to pause the Federal Trade Commission's in-house case accusing three pharmacy benefit managers of hiking up the price of insulin to line their own pockets, the agency has told the appellate court.
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May 21, 2025
Verizon Looks To Break Free Of TracFone Unlocking Condition
Verizon is once again asking the Federal Communications Commission to let it out of a condition from its takeover of TracFone requiring the carrier to unlock its mobile phones after 60 days.
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May 21, 2025
9th Circ. Judge Asks If Apple's Watch Updates 'Ice Out' Rivals
Two Ninth Circuit judges appeared skeptical Wednesday of Apple Inc.'s arguments against reviving an antitrust suit brought by medical monitoring startup AliveCor Inc. after Apple blocked third-party access to medical data on the Apple Watch, with one judge asking rhetorically whether a "marginal" improvement by Apple could actually be a way to "ice out" competition.
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May 21, 2025
Tennis Groups Serve Up Bids To Nix Players' Antitrust Claims
The international governing bodies for tennis are looking to escape a proposed antitrust class action filed by players who have accused them of operating as a "cartel," arguing in a series of briefs submitted to a New York federal court that the claims should be tossed, transferred or arbitrated.
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May 21, 2025
Google Gets Rumble's Video-Sharing Antitrust Case Tossed
A California federal court on Wednesday agreed with Google that Rumble waited too long to file an antitrust case accusing the tech giant of rigging search results to favor its YouTube unit over the rival video-sharing site.
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May 21, 2025
GOP FTC Renews Calls For Orange Book Patent Delistings
The now-Republican controlled Federal Trade Commission again called on Teva, Novartis, Mylan and other drugmakers to remove patents from a key federal database that partially insulates their drugs from generic competition, arguing Wednesday the patents cover "devices," not drugs, and thus don't warrant such protection.
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May 21, 2025
Courts Can't Review Trump's Tariff Emergencies, Gov't Says
Courts can't review President Donald Trump's decision that unusual or extraordinary threats exist under the International Emergency Economic Powers Act, a government attorney told the U.S. Court of International Trade on Wednesday as 12 states seek to block Trump's tariffs under the law.
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May 21, 2025
American Tells United To Butt Out Of O'Hare Gate Dispute
American Airlines has urged an Illinois federal court to not allow rival carrier United to intervene in its lawsuit alleging the city of Chicago breached its contract with the airline by reassigning gate space at O'Hare International Airport, arguing its competitor has no right to wade into a case concerning "a lease to which it is not a party and which grants it no rights or benefits."
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May 21, 2025
FCC's Carr Clashes With Dems Over Verizon DEI Deal
Congressional Democrats grilled the Federal Communications Commission's chief Wednesday about the legal basis for targeting diversity, equity and inclusion programs at Verizon, days after the wireless giant agreed to drop DEI initiatives amid its takeover of Frontier Communications.
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May 21, 2025
Basketball Player's Suit Challenges NCAA's 4-Year Rule
Athletes should be able to compete in all five years in an eligibility window created by the National Collegiate Athletic Association, not just four, a University of Tennessee basketball player has argued in an antitrust suit challenging college sports' longtime playing limit.
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May 21, 2025
Phone Operators Deny Collusion In Phones 4u Appeal
Major mobile phone operators urged an appeals court on Wednesday to uphold a finding clearing them of engaging in anticompetitive conduct in order to drive retailer Phones 4u out of business.
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May 21, 2025
Court Won't Budge On Player's Eligibility Until 6th Circ. Acts
A Tennessee federal judge on Wednesday refused to reconsider a University of Tennessee baseball player's request for an injunction that would pause the NCAA's eligibility restrictions on junior college transfers, saying he will have to wait for a Sixth Circuit decision in a similar antitrust lawsuit.
Expert Analysis
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Calif. Antitrust Bill Could Alter Enforcement Landscape
If enacted, a recently proposed California bill that would strengthen the state’s antitrust law could signal a notable shift in the U.S. enforcement environment, but questions remain about the types of cases the state could pursue, whether other states will follow suit and more, say attorneys at DLA Piper.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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How 2025 Is Shaping The Future Of Bank Mergers So Far
Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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China High Court Ruling Could Encourage Antitrust Litigation
Practitioners defending U.S. companies in China should take note of a Chinese Supreme Court ruling that plaintiffs can file suits based on either where the alleged action, or where the result of such action, occurred — which will promote civil litigation by minimizing procedural battles over forum selection, says Yang Yang at Leaqual Law Firm.
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The Revival Of Badie Arbitration Suits In Consumer Finance
Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Navigating The Growing Thicket Of 'Right To Repair' Laws
An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Preparing For Disruptions To Life Sciences Supply Chains
Life sciences companies must assess how new and escalating tariffs — combined with other restrictions on cross-border activity singling out pharmaceutical products and medical devices — will affect supply chains, and they should proactively prepare for antitrust and foreign direct investment regulatory review processes, say attorneys at Weil.
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A Close-Up Look At DOJ's Challenge To HPE-Juniper Deal
The outcome of the Justice Department's challenge to Hewlett Packard Enterprise's proposed $14 billion acquisition of Juniper Networks will likely hinge on several key issues, including market dynamics and shares, internal documents, and questions about innovation and customer harm, say attorneys at McDermott.
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Why NY May Want To Reconsider Its LLC Transparency Law
Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.
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IRS Scrutiny May Underlie Move Away From NIL Collectives
The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.
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5 Merger Deal Considerations In Light Of The New HSR Rules
Now that the new Hart-Scott-Rodino Act rules are in effect, current priorities include earlier preparation for merging parties, certain confidentiality covenants, and key elements of letters of intent and term sheets, say attorneys at Fried Frank.