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Competition
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September 12, 2025
Off The Bench: NCAA Athlete Ban, WNBA Sun Controversy
In this week's Off The Bench, the NCAA administered permanent bans to three basketball players, and two high-profile politicians warned the WNBA that it could be at risk of violating antitrust laws if it interferes in the sale of the Connecticut Sun.
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September 12, 2025
Assurant Rival Seeks Toss Of 'Scant' Racketeering Claims
A former salesman for auto warranty underwriter Assurant called on a federal judge Thursday to release him from the company's suit alleging he hatched a conspiracy to poach clients and steal records, arguing his old employer had blown up a "garden-variety business dispute" into a bogus racketeering claim.
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September 12, 2025
Ex-Conn. Assistant AG Faces DQ Bid In Price-Fixing Case
Drug companies accused of fixing prices for generics are seeking to disqualify former Connecticut Assistant Attorney General Joseph Nielsen and his law firm from representing insurers in a multidistrict litigation, arguing Nielsen had access to confidential information as a government attorney that he could unfairly use against them now.
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September 12, 2025
EU Lets Microsoft Unbundle Teams To Avoid Fine
European Union antitrust officials signed off Friday on Microsoft's plans to offer cheaper Office 365 suites without the Teams collaboration platform in order to avoid a potentially hefty fine for past policies shackling the two services together.
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September 12, 2025
Newsmax Drops Fla. Suit Against Fox, Refiles In Wisconsin
Newsmax dropped its antitrust claims against Fox Corp. late Thursday night, just before the deadline to file an amended complaint, and immediately refiled them in Wisconsin.
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September 12, 2025
Class Rep Says £650M Motorola Claim Should Be Opt-Out
The representative of a £650 million ($881 million) collective action against Motorola urged a London tribunal on Friday to certify the unfair pricing case as an opt-out claim, arguing that this would prevent alleged victims from being denied justice.
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September 11, 2025
Energy Giants Largely Defeat Climate Change RICO Suit
A Puerto Rico federal judge on Thursday mostly threw out, for good, racketeering and antitrust claims accusing a slew of energy industry companies of misrepresenting the climate dangers of fossil fuel products in causing a pair of hurricanes, though she declined to throw out some of the claims with prejudice.
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September 11, 2025
States Push Conn. Court To Ban Generic Drug Price-Fixing
A court order is necessary to prevent pharmaceutical companies and their executives from illegally fixing the prices of generic drugs, a coalition of state enforcers have told a Connecticut federal judge, arguing there is a "reasonable expectation" that the allegedly anticompetitive behavior at the center of multidistrict litigation will happen again.
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September 11, 2025
FTC Presses OpenAI, Meta On AI Chatbots' Impact On Kids
The Federal Trade Commission is seeking information from Meta, OpenAI, Google and four others about the steps they're taking to measure and monitor the potentially negative impacts that AI-powered chatbots that are designed to act as companions are having on children and teens, the agency revealed Thursday.
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September 11, 2025
Insulin Makers Ask 2nd Circ. To Rethink Collusion Claims
Sanofi-Aventis US, Eli Lilly & Co., Novo Nordisk Inc. and AstraZeneca Pharmaceuticals LP are asking for a rehearing after a Second Circuit panel revived a proposed class action from safety-net hospitals and clinics accusing the companies of increasing insulin drug costs by agreeing to limit participation in a discount program.
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September 11, 2025
NCAA Investigating 13 More Alleged Sports Betting Violations
The NCAA announced Thursday that it is investigating an additional 13 former men's basketball players from several universities for alleged sports betting violations.
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September 11, 2025
Google, Apple Fight Proposed UK App Ranking, Pay Mandates
Apple and Google both pushed back on proposals by United Kingdom antitrust authorities to stop the companies from boosting their own apps and using commission-based payment systems but took slightly different approaches, according to separate responses made public Thursday.
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September 11, 2025
23 States Back High Court Stay Of FTC Dem's Reinstatement
Florida and 22 other states have urged the U.S. Supreme Court to grant the Trump administration's request to block a Democratic member of the Federal Trade Commission from serving on the commission while she challenges her firing.
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September 11, 2025
Burford Urges Del. Court Not To Reconsider Arbitration Ruling
A Burford Capital affiliate is urging a Delaware federal court not to reconsider a decision ordering German entity Financialright Claims GmbH to arbitrate a dispute over an allegedly fraudulent arbitration pact, saying the court already carefully considered its arguments.
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September 11, 2025
Connecticut AG Enters Fray Over WNBA's Sun Franchise
Connecticut Attorney General William Tong on Thursday joined state and federal elected officials in turning up the heat on the WNBA over the on-again, off-again sale of the Connecticut Sun franchise, asking for league documents and information about purchase offers and for a meeting with Commissioner Cathy Engelbert and other league executives.
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September 11, 2025
Berkshire Co. Says Insurers Owe $22M For Antitrust Judgment
A Berkshire Hathaway-owned construction supplier said its insurers must pay for a $22.2 million judgment against it in a competitor's antitrust suit, telling a Colorado federal court that policies issued by Liberty Mutual, Swiss Re and Allianz units cover claims based on the publication of disparaging material.
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September 11, 2025
IYO Loses Sanctions Bid In OpenAI Trademark Case
Technology firm IYO Inc. was denied a request to sanction OpenAI by a California federal judge who said IYO had not convincingly backed up its claim that OpenAI reposted materials touting products under the "IO" brand in violation of a court order.
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September 11, 2025
JAMS Adds Retired US District Judge In Florida
Alternative dispute resolution services provider JAMS has picked up a retired U.S. district judge for the Southern District of Florida who was most recently a partner with Boies Schiller Flexner LLP for its panel.
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September 10, 2025
Fed. Circ. Won't Revisit Double-Patenting, Soda TM Appeals
The Federal Circuit on Wednesday declined to revisit its decisions in a trio of intellectual property cases, including one where it upheld an Acadia Pharmaceuticals Parkinson's disease drug patent and addressed double-patenting, and another deeming "Kist" and "Sunkist" soft drink marks confusingly similar.
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September 10, 2025
NCAA Bans Hoopsters For Betting, Rigging Performances
The NCAA has permanently banned three California college basketball players for their "coordinated effort" to bet on their own games, each other's games and their own performances, with at least one athlete manipulating his on-court performance to secure gambling wins.
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September 10, 2025
Consumers Defend Challenge To Nippon-US Steel Merger
Consumers urged a California federal judge Wednesday not to dismiss their challenge to Nippon Steel's now-closed purchase of U.S. Steel Corp., arguing they've fixed an earlier lawsuit's shortcomings.
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September 10, 2025
FTC Warns Healthcare Employers About Noncompetes
The Federal Trade Commission has sent letters warning healthcare employers and staffing companies not to include overly broad noncompete restrictions in their employment contracts and urged them to conduct a review to ensure they comply with the law.
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September 10, 2025
CORRECTED: Fla. Court Affirms $131M Judgment For Trinidad And Tobago
A Florida appeals court Wednesday affirmed a $131 million judgment against a trio of businessmen a jury found conspired to defraud the Republic of Trinidad and Tobago out of more than $32 million in a bid-rigging scheme that involved the government awarding hyperinflated airport construction contracts.
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September 10, 2025
HomeServices, Douglas Elliman Fight Renewed Fee Claims
HomeServices of America and Douglas Elliman have urged a Florida federal court to toss a case from homebuyers targeting real estate commission rules, arguing that the latest version of the complaint adds 100 pages of allegations but still fails to fix the problems, the court found.
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September 10, 2025
OpenAI Can't Keep For-Profit Shift Docs From Musk
A California federal magistrate judge has said that OpenAI must produce key planning documents in Elon Musk's lawsuit challenging its attempted shift into a for-profit business, rejecting arguments that the information is protected because it could influence future takeover bids by the billionaire or future investments by Microsoft.
Expert Analysis
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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State AGs' Focus On Single-Firm Conduct Is Gaining Traction
Despite changes in administration, both federal antitrust agencies and state attorneys general have shown a trending interest in prosecuting monopolization cases involving single-firm conduct, with federal and state legislative initiatives encouraging and assisting states’ aggressive posture, says Steve Vieux at Bartko Pavia.
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4 Midyear Employer Actions To Reinforce Compliance
The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.
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Synopsys-Ansys Merger Augurs FTC's Return To Remedies
The Federal Trade Commission's recent approval of $35 billion merger between Synopsys and Ansys, subject to the divestiture of certain assets, signals a renewed preference for settlements over litigation, if the former can preserve competition and a robust structural remedy is available, say attorneys at Simpson Thacher.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity
Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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What Employers Can Learn From 'Your Friends & Neighbors'
The new drama series "Your Friends and Neighbors," follows a hedge fund firm manager who is terminated after an alleged affair with an employee in another department, and his employment struggles can teach us a few lessons about workplace policies, for cause termination and nonsolicitation clauses, says Anita Levian at Levian Law.
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Robinson-Patman Enforcement May Fizzle Out After PepsiCo
After securing an early Robinson-Patman Act victory against the largest wine and spirits distributor in the U.S., the Federal Trade commission's voluntary dismissal of its own enforcement action against PepsiCo throws into doubt the future of the federal statute that prohibits price discrimination and other anticompetitive practices, say attorneys at V&E.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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5 Ways In-House Counsel Can Stay Ahead Of New HSR Rules
Now that the Trump administration’s new Hart-Scott-Rodino Act rules have been in effect for several months, in-house counsel should consider several practice pointers that can help spearhead management of M&A-related antitrust risk, say attorneys at Squire Patton.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Recent Complex Global Deals Reveal Regulatory Trends
An analysis of six complex global deals that were completed or abandoned in the last year suggests that, while such deals continue to face significant and lengthy scrutiny across the U.S, U.K. and European Union, the path to closing may have eased slightly compared to recent years, say attorneys at Weil.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.