Competition

October 06, 2025
Google Judge Anticipates 'Fine-Tuning' Ad Tech Remedies

The Justice Department and Google questioned their last witnesses Monday in a fight over whether to break up the company's advertising placement technology business, in a two-hour hearing with a rebuttal witness, a rare surrebuttal witness, and an acknowledgment from the Virginia federal judge overseeing the case that even after she delivers her final judgment, it might need revisions in the future.
October 06, 2025
Justices Asked To Narrow Honest Services Fraud In FIFA Case

A South American sports marketing firm has asked the U.S. Supreme Court to review its reinstated bribery convictions, arguing that the Second Circuit's "extreme" application of honest services fraud law expanded the ability to secure convictions based on a private code of conduct.
October 06, 2025
DOJ Antitrust Ace, Whistleblower Joins HSF Kramer

The former deputy assistant attorney general of the U.S. Department of Justice's Antitrust Division, who in 2020 said then-Attorney General Bill Barr investigated several cannabis company mergers because he disliked the industry, has joined Herbert Smith Freehills Kramer LLP's team in the nation's capital.
October 06, 2025
Baseball's Antitrust Exemption Escapes High Court Review

The U.S. Supreme Court refused a request on Monday to review baseball's century-old exemption from antitrust law in a case from players accusing Major League Baseball and its teams of colluding to pay minor leaguers "poverty level" wages.
October 06, 2025
Qualcomm Accused Of Driving Up Phone Prices At £480M Trial

British consumer group Which told a London tribunal that Qualcomm drove up Apple and Samsung phone prices by threatening to cut component supply in patent license negotiations, kicking off the trial of its £480 million ($655 million) case on Monday.
October 06, 2025
High Court Won't Review NYC Bus Tour Antitrust Case

The U.S. Supreme Court refused on Monday to review a New York City tour bus operator's case accusing a group of rivals of combining their operations and using the partnership to squash competition for hop-on, hop-off tour bus service.
October 06, 2025
Justices Won't Review Live Nation's Arbitration Terms

The U.S. Supreme Court refused Monday to grant Live Nation's request for clarity about whether federal arbitration law covers "alternative" forms of arbitration after the Ninth Circuit found Ticketmaster's consumer arbitration agreement cannot be enforced in an antitrust case.
October 06, 2025
High Court Refuses To Review Revived SAP Tying Claims

The U.S. Supreme Court denied a request on Monday from German software giant SAP to review a ruling that revived Teradata's antitrust claims over the alleged tying of software and database products.
October 06, 2025
High Court Turns Down 6 Patent Cases At Start Of Term

The U.S. Supreme Court on Monday rejected six petitions in patent-related cases, taking some of its first actions on intellectual property matters this term.
October 06, 2025
Justices Won't Review Blacklisting Case Against LegitScript

The U.S. Supreme Court refused Monday to review a bid from LegitScript to duck an antitrust case accusing it of blacklisting a drug price checking website despite contentions that it facilitates illegal imports of prescription drugs.
October 06, 2025
Justices Deny Aviation Co.'s Appeal Over TM Trial Rights

The U.S. Supreme Court on Monday rejected an appeal from a personal aviation company that raised the question of whether parties in trademark infringement cases still have a right to a jury trial when seeking an accounting of profits as the monetary remedy rather than damages.
October 06, 2025
Justices Skip TM Dispute Over Pink Color In Hip Implants

The U.S. Supreme Court on Monday declined a German medical supplier's appeal challenging a Federal Circuit conclusion that the color pink in a hip joint implant part is not protectable trade dress because its purpose is functional.
October 03, 2025
Up First At High Court: Election Laws & Conversion Therapy

The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail.
October 03, 2025
Google Ad Tech Judge: 'We Don't Know' Breakup Buyer

A Virginia federal judge questioned Friday whether the breakup of Google's advertising placement technology business sought by the U.S. Department of Justice would benefit website publishers as a government witness asserted.
October 03, 2025
Meta Gets Facebook Ad Overcharging Suit Tossed, For Now

A California federal judge on Friday dismissed a proposed class action from Iron Tribe Fitness claiming Meta Platforms Inc. secretly overcharged Facebook advertisers $4 billion by using an undisclosed auction system, but gave the fitness company the opportunity to submit a bolstered complaint.
October 03, 2025
4 Top Supreme Court Cases To Watch This Term

After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
October 03, 2025
6th Circ. Will Hear Ohio PBM Fight Arguments In December

The Sixth Circuit will hear arguments from the state of Ohio and the pharmacy benefit managers it's accusing of colluding to raise the price of prescription medications in December to decide whether the matter belongs in state or federal court.
October 03, 2025
Huntington's $1.9B Veritex Deal Gets Final Fed Approval

Huntington Bancshares Inc. on Friday secured the Federal Reserve's sign-off on its $1.9 billion acquisition of Veritex Holdings Inc., wrapping up the required regulatory approvals for the merger less than three months after it was announced.
October 03, 2025
Video Platform Rumble Defends Claims In Google Ad Tech MDL

Video-sharing site Rumble Inc. urged a New York federal court on Friday not to toss its claims in the multidistrict litigation over Google's advertising technology, saying the allegations are similar to those being brought by federal and state enforcers and others that all survived dismissal.
October 03, 2025
Nurse Staffing Exec Says Jury Misled In Wage-Fixing Case

A nurse staffing executive convicted of wage fixing and wire fraud is asking a Nevada federal court for a new trial, arguing that prosecutors misled the jury about a cooperating witness's leniency deal.
October 03, 2025
'Clean Slate' For Broadcast Rules Needed, Think Tank Says

An economics think tank suggested the Federal Communications Commission go back to the drawing board with rules governing radio and TV ownership, suggesting that the existing rules would not be envisioned in the current competitive, multimedia environment.
October 03, 2025
OpenAI Looks To Ditch XAI's Trade Secrets Theft Suit

OpenAI Inc. has written off a suit from xAI accusing it of poaching employees in order to steal trade secrets as another attempt by Elon Musk to disrupt OpenAI's efforts to create artificial intelligence that benefits humanity, adding that employees were leaving Musk's company of their own volition.
October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America

Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
October 03, 2025
Off The Bench: QB Wins In Court, 'Poaching' Feud Heats Up

In this week's Off The Bench, the NCAA's bid to overturn a football player's eligibility falls short, a transgender athlete wants a potential landmark U.S. Supreme Court case stopped, and a $55 million feud between two athletic conferences continues.
October 03, 2025
Taxation With Representation: Kirkland, Paul Weiss, Cravath

In this week's Taxation With Representation, video game maker Electronic Arts agrees to be acquired by the Saudi Arabia Public Investment Fund, Silver Lake and Affinity Partners; online mortgage giant Rocket closes its acquisition of rival Mr. Cooper Group; and Berkshire Hathaway acquires international energy company Occidental's chemical business.

Expert Analysis

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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.