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Competition
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April 03, 2025
5th Circ. Asks If Honor Society Jabs At Rival Are Free Speech
A Fifth Circuit panel seemed incredulous as it tried to make sense of a bitter fight between the two biggest community college honor societies in the nation, weighing during oral arguments Thursday whether allegedly malicious Wikipedia editing and accusations of embezzlement and sexual harassment count as commercial speech.
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April 03, 2025
NC Biz Court Trims Semiconductor Co.'s Trade Secrets Suit
A North Carolina Business Court judge has permitted the majority of a silicon carbide technology company's suit to proceed against two former executives and the competitor they allegedly helped unfairly compete against it, preserving its claims that they took off with trade secrets.
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April 03, 2025
Website, Licensing Co. Settle Food Photo Copyright Suit
The owner of a Las Vegas-based promotional website has agreed to settle its copyright dispute with a food photo licensing company that was previously criticized for so-called "copyright trolling."
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April 03, 2025
Compounders Say Shortage Of Weight Loss Drug Continues
A group of compounding pharmacies looking to keep producing copycat doses of Eli Lilly & Co's lucrative weight loss drug tirzepatide are telling a Texas federal judge that demand for the drug has "far outpaced" supply despite the Food and Drug Administration declaring the medication's shortage over last year, a move that removed their right to make compounded versions.
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April 03, 2025
Samsung Can't Yet Beat Epic's Claim It Colluded With Google
A California federal judge denied Samsung's bid to end Epic Games' suit claiming it colluded with Google to skirt an impending injunction forcing Google to allow competition with its Play Store, saying Thursday the allegations are plausibly stated so "this is not time to put an end to the case."
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April 03, 2025
Senate Panel Advances Bills Tackling Drug Patents, Pricing
A U.S. Senate panel on Thursday approved a group of bills tackling pharmaceutical patents and drug pricing, including measures that claim to address so-called patent thickets and an industry practice called "product hopping."
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April 03, 2025
Hospital Group Urges 4th Circ. To Undo Data Access Order
Industry groups representing hospitals and health data companies have urged the Fourth Circuit to rethink its panel's dismissal of an appeal over an order forcing an electronic medical records company to let a nursing data company access patients' information, saying the order creates a financial burden on the healthcare system.
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April 03, 2025
State Enforcers Are Developing Their Local Antitrust Laws
State antitrust enforcers have increasingly struck out on their own in recent years, filing cases targeting both national and local issues in state courts in an effort to expand the reach of their local antitrust laws, a panel of state enforcers said Thursday.
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April 03, 2025
Carrier Dealing Rule Is Fair, Maritime Regulator Tells DC Circ.
The agency that regulates the U.S. international ocean transportation system had "ample authority" to issue a rule defining "unreasonable" refusals to negotiate on the part of ocean carriers, the regulator has argued in response to a challenge from an affected trade association.
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April 03, 2025
Amazon, Biotech Net $1.9M Win Against Fake Supplement Sellers
A Washington federal judge has awarded biotechnology company Quincy Biosciences and Amazon a combined total of $1,895,375.40 in default judgments against several individuals who hawked counterfeit Prevagen brain health products through Amazon's marketplace, after the sellers failed to appear or participate in the case.
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April 03, 2025
Kroger, Albertsons Argue Colo. No-Poach Suit Is Preempted
Kroger Co. and Albertsons urged a Colorado federal judge to toss a worker's proposed class action claiming the grocers violated state antitrust law with a no-poach agreement, arguing Thursday that the claims are exclusively governed by federal labor law.
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April 03, 2025
UFC Asks Court To Deny Class Cert. In Fighters' Antitrust Suit
UFC has urged a Nevada federal court not to certify a class of fighters in the second antitrust lawsuit it is facing over allegedly suppressed wages, saying the class is legally defective because the plaintiffs who filed the lawsuit cannot represent the group of fighters.
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April 03, 2025
Critics Fail To Pinpoint Verizon, Frontier Deal Harm, FCC Told
A telecommunications network industry group is telling the Federal Communications Commission that Verizon's $20 billion acquisition of Frontier Communications could present an opportunity to address broader industry issues if the commission takes certain steps to require internet protocol interconnection and end access charges for certain elements of traditional telephone infrastructure.
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April 03, 2025
Wash. AG Pushes RealPage Conspiracy Claims In New Suit
The Washington State Attorney General's Office launched a new lawsuit in state court on Thursday accusing RealPage of conspiring with landlords to jack up rent prices, after withdrawing from a similar federal case last month to pursue claims that could result in more restitution for Evergreen State renters.
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April 03, 2025
Google, Apple Staff Must Testify In Meta Antitrust Case
A D.C. federal judge said current and former employees of Google, Apple, TikTok, X Corp., Snap and other tech companies must testify at the Federal Trade Commission's upcoming antitrust trial against Meta Platforms Inc.
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April 03, 2025
$10M Heritage Pharma Price-Fixing Deal Gets Final OK
A Connecticut federal judge granted final approval to a $10 million deal between Heritage Pharmaceuticals Inc., its parent company Emcure Pharmaceuticals Ltd. and Emcure's founder Satish Mehta to resolve claims from a coalition of states accusing them of conspiring with other companies to inflate generic drug prices.
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April 03, 2025
Online Alcohol Shop, Distributor Near Deal In Antitrust Fight
Online marketplace Provi and major wine distributor Southern Glazer's Wine have struck a deal in principle to resolve their dispute in an antitrust suit claiming the distributor conspired to stifle competition, according to a notice they have filed in Illinois federal court.
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April 03, 2025
Tribes Seek Priority Window For Upcoming Spectrum Auction
Native American tribes pressed the Federal Communications Commission to let them apply during a priority window for an upcoming auction of commercial spectrum, as the FCC has done previously to boost tribal connectivity.
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April 03, 2025
'No Serious Question' Federal Firings Broke Law, Justices Told
Federal employee unions and advocacy groups urged the U.S. Supreme Court on Thursday to reject the Trump administration's bid to pause a California court order reinstating tens of thousands of probationary workers fired from six agencies, arguing the government can't escape self-inflicted harms brought on by its allegedly unlawful actions.
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April 03, 2025
Trump FCC Nominee Set For Senate Hearing Next Week
The Senate Commerce Committee will hold an April 9 confirmation hearing on Olivia Trusty, the White House nominee for a third Republican seat on the Federal Communications Commission.
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April 02, 2025
RealPage Sues Berkeley Over Rent Pricing Software Ban
RealPage on Wednesday asked a California federal judge to block Berkeley, California's impending ordinance prohibiting the use of software to set rent prices, claiming the ban is unconstitutional and based on the "groundless" claim that the algorithmic real estate pricing company's software has contributed to rising rent.
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April 02, 2025
GoodRx, PBM Price-Fixing MDL Set In Rhode Island
The Judicial Panel on Multidistrict Litigation on Wednesday consolidated in Rhode Island litigation alleging that GoodRx conspired with pharmacy benefit managers, including CVS Caremark and Express Scripts, to suppress reimbursements to independent pharmacies for dispensing generic prescription medications.
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April 02, 2025
Serial Acquisitions Are Still On The FTC's Radar
The previous administration's focus on private equity firms making serial acquisitions in the same industry may continue under the Federal Trade Commission's new leadership, an agency official said Wednesday.
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April 02, 2025
With Dems Fired, GOP Recused, FTC Pauses PBMs Case
The Federal Trade Commission has stayed its insulin price-fixing case against pharmacy benefit managers for more than three months, saying it does not have any commissioners to hear it after two Republican members recused themselves and the two Democratic commissioners were removed from their posts by President Donald Trump last month.
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April 02, 2025
PE Firm TPG Wants Endo Trust's Transfer Suit Tossed
Private equity firm TPG Capital is seeking the dismissal of a lawsuit that aims to claw back billions of dollars reaped in an allegedly unfair deal with Endo International PLC before the drugmaker went bankrupt.
Expert Analysis
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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What 2024's Noncompete Turmoil Means For Banks In 2025
A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
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Searching For Insight On Requested Google Chrome Remedy
The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
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Opinion
3 New Year's Resolutions For Antitrust Agencies To Consider
James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.
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FTC Focus: A Changing Of The Guard
While rigorous antitrust enforcement is unlikely to slow down at the Federal Trade Commission, the focus will undoubtedly change, including when it comes to Big Tech, as Andrew Ferguson prepares to take the reins from Chair Lina Khan, say attorneys at Proskauer.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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5 Antitrust Issues For In-House Counsel In 2025
Attorneys at Squire Patton evaluate the top areas where U.S. antitrust policy is likely to change in the next 12 months, including major challenges to the Federal Trade Commission's authority that could reshape enforcement.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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4 Trade Secret Pointers From 2024's Key IP Law Developments
Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.
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Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing
The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.