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Competition
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September 08, 2025
FCC Nears 4-Year Review Of Media Ownership Regs
Fresh off an Eighth Circuit decision that undercut a key rule limiting companies from controlling multiple broadcast stations in the same market, the FCC will vote this month on launching its required four-year review of media ownership rules.
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September 08, 2025
Google Tells Judge Not To Break Up Ad Tech Biz
Google has urged a Virginia federal judge not to impose the "severe, counterproductive, and unprecedented remedy" of breaking up its advertising placement technology business, and has pushed its own proposed fixes over those sought by the U.S. Department of Justice in the upcoming monopoly remedies trial.
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September 08, 2025
Governing Body To Pay Swimmers $4.6M In Antitrust Deal
World Aquatics will pay swimmers $4.6 million for missed events in a settlement ending their antitrust case accusing the sport's international governing body of organizing a group boycott against an upstart league, while the new league's case remains slated for a January trial.
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September 08, 2025
Groups' Exxon Plastic Recycling Nuisance Claims Can Proceed
A California federal judge ruled Friday that environmental groups can move forward with their public-nuisance claims accusing Exxon Mobil Corp. of knowingly fueling the state's plastic pollution crisis, rejecting the energy company's contention that the suit is merely a disguised product liability case.
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September 08, 2025
FCC To Examine Impact Of State, Local Wireline Rules
The Federal Communications Commission plans to take a closer look at federal preemption of state and local rules that could impede the deployment of wireline telecom and broadband service.
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September 08, 2025
Dem Sens., AGs Increase Pressure On DOJ's HPE Merger Deal
The controversial Justice Department settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks drew further pushback from Democratic senators and state attorneys general who respectively sought answers from U.S. Attorney General Pam Bondi and told a California federal judge to reject the deal.
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September 08, 2025
NBA Taps Wachtell To Probe Possible Cap Scam By Clippers
Wachtell Lipton Rosen & Katz, which has led two previous probes into misconduct by NBA franchises that pushed their owners to sell the teams, has been retained by the league to investigate reported circumvention of the salary cap for superstar Kawhi Leonard by the Los Angeles Clippers.
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September 08, 2025
9th Circ. Denies CoStar's Bid To Rehear Antitrust Ruling
A Ninth Circuit panel rejected a call to revisit the court's June decision reviving claims alleging that real estate information service CoStar monopolizes several commercial real estate listing markets through exclusive deals with brokers and technological barriers for competitors.
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September 08, 2025
5th Circ. Reinstates $2.4M Award In Hair Product Co.'s IP Suit
The Fifth Circuit has restored a $2.4 million jury award to a hair product company in its trademark infringement trial win over a rival, ruling a district court judge was wrong to throw out the verdict and the company had shown evidence the infringement hurt its business.
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September 08, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a bankruptcy administrator for a generic drugmaker formerly known as Teligent was told he can proceed with duty of oversight claims against most former officers and directors of the company, who the administrator said was complicit in the company's collapse. In an opinion, the Court of Chancery cites its 1996 decision In re Caremark International Inc. Derivative Litigation, which refined director duties of care and oversight.
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September 08, 2025
Court Says Claim For Coverage Declaration Is Untimely
A wiring manufacturer demanding coverage from a Nationwide unit for nearly $32 million in outstanding defense costs over claims it violated federal bribery and accounting laws filed its claim for declaratory judgment too late, a Delaware federal court ruled, pointing to the state's three-year statute of limitations for contract-related actions.
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September 08, 2025
4 Firms Build EchoStar's $17B Spectrum Sale To SpaceX
Telecommunications company EchoStar on Monday announced plans to sell some of its spectrum licenses to Elon Musk-owned SpaceX in a $17 billion cash-and-stock deal built by four firms, following its sale a few weeks ago of certain wireless spectrum licenses to AT&T in a $23 billion deal.
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September 08, 2025
FCC Ready To Kick Off Review Of Cox-Charter Deal
The Federal Communications Commission has set into motion its public interest review of the $34.5 billion deal to combine Charter Communications Inc. and Cox Communications into a powerhouse offering broadband, video and mobile services.
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September 08, 2025
CMA Probes Bathroom Co.'s Takeover Of Norwegian Biz
The U.K. competition watchdog said Monday it has started a formal inquiry into the proposed acquisition of Norway-based wall panels maker Fibo Holding AS by branded bathroom products maker Norcros PLC for 618 million Norwegian kroner ($62 million).
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September 08, 2025
Chief Justice Pauses FTC Commissioner's Reinstatement
Chief Justice John Roberts issued an order Monday temporarily staying the reinstatement of Democratic Federal Trade Commissioner Rebecca Slaughter while the Trump administration fights to bring a case challenging her removal to the U.S. Supreme Court.
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September 05, 2025
Democrat Slaughter Asks Justices To Let Her Stay On FTC
Democratic Federal Trade Commissioner Rebecca Slaughter urged the U.S. Supreme Court on Friday not to pause her reinstatement while the Trump administration challenges lower court decisions holding that her firing was illegal, saying those decisions were plainly correct and she's in no danger of sowing "chaos."
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September 05, 2025
Real Estate Recap: Investor Power Plays
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including what attorneys have been seeing when it comes to the power dynamic between fund managers and their investors.
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September 05, 2025
FTC Drops Appeal For Rule Banning Noncompetes
The Federal Trade Commission officially abandoned its appeal Friday in a case that set aside a Biden administration rule banning the use of most employee noncompete clauses, but the agency said it plans to bring enforcement actions on a case-by-case basis instead.
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September 05, 2025
Merck Shakes Off Some Claims From Cholesterol Drugs Suit
A New Jersey federal judge has partly granted a request from Merck & Co. to dismiss claims brought by Humana over an alleged anticompetitive scheme to control distribution of cholesterol drugs Zetia and Vytorin, tossing several proposed theories of monopolization but allowing unjust enrichment claims and state law antitrust claims to survive.
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September 05, 2025
DOJ Defends Expert Who Says Agri Stats Helps Hike Prices
The U.S. Department of Justice pushed back on Agri Stats' efforts to strike key testimony from an economist backing Minnesota federal court allegations that turkey, chicken and pork producers "use Agri Stats information to raise prices on customers," arguing the company made "fundamental mistakes" about the analysis.
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September 05, 2025
Newsmax's 'Shotgun' Antitrust Suit Against Fox Tossed In Fla.
A Florida federal court tossed an antitrust lawsuit against Fox Corp. on Friday, ruling that Newsmax filed a "shotgun pleading" but allowing the broadcaster to refile an amended complaint.
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September 05, 2025
Atty Fees Cut By $20M To $185M In Car Dealer Monopoly Case
A Wisconsin federal judge on Friday awarded $185 million in attorney fees after granting final approval on a $630 million deal to end a Sherman Act class action alleging CDK Global LLC conspired to restrain the market for car dealer manager systems.
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September 05, 2025
Vet Association Looks To Nix Tenn. School's Antitrust Claims
The American Veterinary Medical Association urged a Tennessee federal court to toss an antitrust case from Lincoln Memorial University targeting the group's accreditation requirements, saying there's no dispute to resolve because the school hasn't lost its accreditation.
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September 05, 2025
Arnold & Porter Hires Sidley's Telecom Co-Lead In DC
The former co-leader of Sidley Austin LLP's telecommunications and internet competition practice has joined Arnold & Porter Kaye Scholer LLP in Washington, D.C., to continue representing clients in administrative proceedings and appellate matters before federal agencies.
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September 05, 2025
EU Fines Google $3.5B For Giving Leg Up To Co.'s Ad Tech
European Union antitrust enforcers hit Google with a €2.95 billion ($3.5 billion) fine Friday for the same conduct targeted by the U.S. Department of Justice's successful monopoly case, intentional efforts to give its advertising placement technology business a leg up over the competition.
Expert Analysis
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Navigating The Expanding Frontier Of Premerger Notice Laws
Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.
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Evolving Federal Rules Pose Further Obstacles To NY LLC Act
Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Mergers Face Steeper Slopes In State Antitrust Reviews
The New York Supreme Court's recent summary judgment in New York v. Intermountain Management, blocking the acquisition and shuttering of a ski mountain in the Syracuse area, underscores the growing trend among state antitrust enforcers to scrutinize and challenge anticompetitive conduct under state laws, say attorneys at Robins Kaplan.
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Opinion
Int'l Athletes' Wages Should Be On-Campus Employment
The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.
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Apple Ruling Provides Clarity For UK Litigation Funders
The Court of Appeal's recent Gutmann v. Apple decision that litigation funders can take a fee before class action members are paid helps relieve the concerns of insufficient funding returns that followed news of a broad sector review and a key high court ruling, says Matthew Lo at Exton Advisors.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Fines Against Apple, Meta Set Digital Markets Act Precedent
The European Commission's recent fines against Apple and Meta, the first under the Digital Markets Act, send a clear message that the act's reach and influence on regulatory thinking is global, say lawyers at Waterfront Law.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Closer Look At Amendments To Virginia Noncompete Ban
Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.
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What Bank Regulator Consolidation Would Mean For Industry
Speculation over the Trump administration’s potential plans to consolidate financial service regulators is intensifying uncertainty, but no matter the outcome for the Consumer Financial Protection Bureau, Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency, the industry should expect continued policy changes, say attorneys at Foley & Lardner.