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Competition
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October 02, 2025
Court Warned Of Harm From Delaying Medical Device Merger
A D.C. federal court refused to pause the Federal Trade Commission's case challenging Edwards Lifesciences Corp.'s planned acquisition of JenaValve Technology Inc. during the government shutdown after the companies argued that "time is of the essence" for a new lifesaving medical device.
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October 02, 2025
Cravath, Kirkland Lead Berkshire's $9.7B OxyChem Buy
Warren Buffett's Berkshire Hathaway is set to acquire energy giant Occidental's chemical business, OxyChem, in a $9.7 billion all-cash megadeal built by Cravath Swaine & Moore LLP and Kirkland & Ellis LLP.
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October 01, 2025
FTC Halts Fraud Complaints, Spam Call Help Amid Shutdown
The Federal Trade Commission said Wednesday that none of its mechanisms for reporting fraud, including identity theft, will be available to consumers while the federal government is shut down, nor will the National Do Not Call Registry be operational for consumers or telemarketers.
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October 01, 2025
Tyson Inks $85M Deal To Exit Consumers' Pork Antitrust Suit
Pork consumers asked a Minnesota federal court Wednesday to greenlight an $85 million settlement resolving their claims against Tyson Foods Inc. in major antitrust litigation alleging pork producers conspired with data firm Agri Stats Inc. to inflate pork prices by limiting the supply in the U.S. market.
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October 01, 2025
Economist Says Google's Ad Tech Fix Enough To Boost Rivals
Google's expert economics witness urged a Virginia federal judge Wednesday not to break up the search giant's advertising placement technology business, arguing the company's counterproposal would free up rivals without the "market reengineering" threatened by the Justice Department's proposed remedies.
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October 01, 2025
Quantum Can't Nix FTC Order Over $5.2B Natural Gas Deal
Quantum Energy Partners is not going to be allowed out from under a consent order it inked with the Federal Trade Commission that had allowed a $5.2 billion oil and gas deal with EQT Corp. to go through, the agency has announced.
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October 01, 2025
HP Ditches Antitrust Suit Over Third-Party Ink, For Now
HP customers accusing the printer maker of illegally using a firmware update to block them from using third-party ink cartridges in their machines have not outlined a viable antitrust claim to pursue, but they can try again, an Illinois federal judge has ruled.
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October 01, 2025
Eli Lilly's Drug Suit Slammed As 'Anti-Competitive' Move
Eli Lilly and Co.'s lawsuit accusing a compounding pharmacy of unlawfully selling untested weight loss drugs should be tossed because the drugmaker didn't show its advertising was deceptive or harmful, the defendant told a Texas federal court this week.
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October 01, 2025
Temu Antitrust Claims Nixed, Copyright Claims Get Go-Ahead
Major fast fashion company Shein has convinced a D.C. federal judge to slim down a lawsuit brought by its main rival Temu, which accuses Shein of spamming it with copyright takedown requests.
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October 01, 2025
States Accuse Zillow, Redfin Of Deal To End Competition
A coalition of states followed their federal counterparts with an antitrust lawsuit in Virginia federal court Wednesday accusing Zillow of paying Redfin more than $100 million to stop competing for the sale of rental housing advertisements on their listing services.
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October 01, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission put the final tweaks on its deal allowing a $13.5 billion merger of marketing companies to move ahead and pushed its bid to block a merger in the medical device coatings industry, while U.K. enforcers launched a number of merger probes.
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October 01, 2025
6th Circ. Axes NCAA Appeal After Waiver Keeps QB Playing
The NCAA's appeal of the injunction that allowed Vanderbilt University's Diego Pavia to play football this season was dismissed Wednesday by a unanimous Sixth Circuit panel that raised several ongoing antitrust concerns about college sports.
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October 01, 2025
OpenAI Blasts X's Suit Over Apple Deal As 'Lawfare' Campaign
Apple Inc. and OpenAI Inc. have asked a Texas federal court to toss an antitrust case from X targeting a deal to integrate ChatGPT into iPhones, with OpenAI saying X's billionaire owner Elon Musk is waging a multipronged "lawfare" campaign against it.
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October 01, 2025
Va. Biz Group Calls Charter, Cox Tie-Up Good For Consumers
The Virginia Chamber of Commerce urged the Federal Communications Commission to approve the planned $34.5 billion merger of cable giants Charter and Cox, saying it would be good for consumers as the companies cut costs through scale.
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October 01, 2025
Atty Asks 3rd Circ. For New Trial In Malicious-Litigation Case
A lawyer who lost her malicious-litigation lawsuit against three Blank Rome LLP attorneys and an aviation parts company has asked the Third Circuit to review a Pennsylvania federal judge's ruling that she was not entitled to a new trial.
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October 01, 2025
InterDigital Wants Disney's Video Tech Antitrust Case Tossed
Wireless technology company InterDigital Inc. has asked a Delaware federal judge to dismiss an antitrust suit brought by Disney that claims InterDigital isn't offering reasonable licenses on patents for streaming video, saying the entertainment giant's claims were either deficient or time-barred.
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October 01, 2025
EU Clears Prada's €1.25B Deal To Buy Versace
The European Commission has given the thumbs-up to Prada's acquisition of Italian designer brand Versace in a transaction worth approximately €1.25 billion ($1.47 billion).
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October 01, 2025
Antitrust Watchdog Reviews DLA Piper-Led S&P Merger Deal
The Competition and Markets Authority said it is looking into whether it will launch an in-depth investigation into S&P Global's planned acquisition of Orbcomm Inc.'s data services business.
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September 30, 2025
Google Ad Tech Judge Says Court Order Is 'Elephant In Room'
A Virginia federal judge again wondered Tuesday how far she must go to address Google's advertising placement technology monopolies, asking if a breakup is needed since, no matter what happens, the company will be under a court order banning efforts to put its thumb on the scales of competition.
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September 30, 2025
Banker Defamed Jack Nicklaus After Pact Ended, Jury Told
Jack Nicklaus told a Florida state court jury on Tuesday that a banker and his associates defamed him after discontinuing a 15-year business relationship, saying their public relations campaign intentionally smeared his reputation after he refused to make a deal with Saudi Arabia.
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September 30, 2025
3rd Circ. Parses 'Could' And 'Would' In Lipitor Lawsuit
A Third Circuit panel questioned Tuesday whether drug wholesalers and health plans had offered enough evidence that Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay generic competition for the cholesterol drug Lipitor, focusing on whether the U.S. Food and Drug Administration would have approved the competitor earlier than November 2011.
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September 30, 2025
Merrill Lynch Denied Bid To Block Rival Firm's Launch
A Georgia federal judge on Tuesday refused to grant Merrill Lynch's bid for a temporary restraining order against a dozen former employees, Charles Schwab and Dynasty Financial Partners in a case concerning an alleged attempt to start a new independent financial advisory firm with Merrill's staff and confidential information.
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September 30, 2025
Wash. MLS Asked About Fairness Of Banning 'Office Exclusives'
A Washington federal judge pressed Northwest Multiple Listing Service at a hearing Tuesday to explain how its board of directors justified limiting homeowners' options when listing their residential properties for sale.
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September 30, 2025
9th Circ. Asked To Rethink Las Vegas Hotel Pricing Ruling
A proposed class of Las Vegas casino-hotel guests told the Ninth Circuit in a rehearing en banc petition that the entire court must reconsider its prior ruling for their antitrust claims, which alleged that hotel operators and two hospitality software companies conspired to hike up hotel room prices.
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September 30, 2025
Union Pacific Takes Chicago Metra Lines Fight To 8th Circ.
Union Pacific told the Eighth Circuit that a federal rail regulator acted arbitrarily when it recently granted terminal trackage rights on three of its rail lines to Metra, Chicago's commuter rail system, the latest escalation in a yearslong contractual dispute over access to the crucial rail hub.
Expert Analysis
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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.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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NCAA Settlement Kicks Off New Era For Student-Athlete NIL
A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Trump Antitrust Shift Eases Pressure On Private Equity Deals
Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Texas Targets Del. Primacy With Trio Of New Corporate Laws
Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Colo. Antitrust Law Signals Growing Scrutiny Among States
Colorado's recently enacted Uniform Antitrust Pre-Merger Notification Act makes it the second state to add such a requirement, reflecting a growing trend and underscoring the need for merging parties to plan for a more complex and multilayered notification landscape for deals, say Puja Patel and Noa Gur-Arie at Cleary.
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Va.'s Altered Surcharge Law Poses Constitutional Questions
Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.