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Competition
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October 24, 2025
Off The Bench: NBA Gambling Woes, Golfer's $50M Trial Win
In this week's Off The Bench, the NBA faces a gambling scandal during its opening week, a Florida jury hands golfer Jack Nicklaus a $50 million victory in his defamation lawsuit, and DraftKings and the NHL step into the realm of prediction markets.
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October 24, 2025
'Rehashed' Arg Sinks Wholesaler Bid To Revive Antitrust Suit
A California federal judge refused Thursday to rethink permanently dismissing a retail wholesaler's antitrust lawsuit against a rival, reiterating that customers could easily end allegedly exclusive arrangements, and declined to consider an asserted change in Ninth Circuit law because that change was raised without observing government shutdown procedures.
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October 24, 2025
CMA Concerned Over Aramark Deal For Scottish Catering Co.
Britain's antitrust enforcer has clarified its concerns with Aramark Group's completed acquisition of Scottish catering company Entier Ltd. over the supply of catering and related services for the offshore energy sector.
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October 24, 2025
EU Adviser Backs Email Seizures Without Court Approval
A competition authority can seize company emails without judicial approval as part of an investigation, provided that procedural safeguards are in place to ensure that the power is free from "abuse and arbitrariness," an adviser to the European Union's top court has said.
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October 24, 2025
FPI's $3M Deal Gets Initial OK In Yardi Price-Fixing Suit
A Washington federal judge has granted preliminary approval to property management firm FPI Management Inc.'s $2.8 million deal settling out of a proposed price-fixing class action accusing it and others of using Yardi Systems Inc.'s third-party software to inflate residential rents.
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October 24, 2025
UK Class Action Regime Comes Of Age With Apple Ruling
After a string of setbacks, a victory for millions of Apple customers in a collective action over App Store fees is a strong signal that the U.K. class action regime can deliver for customers, lawyers say.
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October 24, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the Financial Conduct Authority launch legal action against a Chinese cryptocurrency exchange, The Londoner magazine face a defamation claim from an entrepreneur accused of "scamming" Knightsbridge landlords, and Gucci sued by its cosmetics supplier as L'Oréal announces plans to buy the Italian fashion house's beauty brand. Here, Law360 looks at these and other new claims in the U.K.
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October 23, 2025
Top Calif. Judge Warns Attys On AI, Eyes Antitrust Changes
Speaking at an antitrust law conference Thursday, California Supreme Court Chief Justice Patricia Guerrero warned Golden State lawyers to use artificial intelligence "cautiously and not cut any corners," and talked about "important work" by the California Law Revision Commission that could result in the state's antitrust law being "untethered" from federal law.
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October 23, 2025
Judge Stays Discovery In Berkshire Subsidiary Antitrust Case
A federal judge on Thursday opted to stay the majority of discovery in a proposed antitrust class action against a Berkshire Hathaway-owned maker of calcium silicate insulation, or calsil, finding the cost of discovery in the case would be too "voluminous" to sort through with a pending motion for dismissal.
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October 23, 2025
NC Judge Dubious Of NASCAR's 'Cartel' Counterclaims
A North Carolina federal judge appeared skeptical Thursday of letting NASCAR bring to trial its antitrust counterclaims against a pair of stock car racing teams, one owned by retired NBA legend Michael Jordan, questioning how the teams could have colluded to force more favorable contract terms when there seems to be evidence NASCAR was able to negotiate with them individually.
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October 23, 2025
Split DC Circ. Won't Lift Block On FTC's Media Matters Probe
A divided D.C. Circuit panel refused Thursday to let the Federal Trade Commission subpoena Media Matters for America while the agency appeals an order blocking that probe, crediting district courts' findings of "seemingly unusual and unprecedented" facts suggesting the investigation is retaliation for reporting about Nazi content on X.
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October 23, 2025
Triumph Tries Again To Dump Pork Price-Fixing Claims
Triumph Foods urged a Minnesota federal court to reconsider throwing out claims against it concerning alleged price-fixing in the pork industry, saying it shouldn't be held responsible for the alleged actions of hog farmers and the company that sells the pork it processes.
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October 23, 2025
Columbia University Wants Out Of Sportswear Trademark Suit
Columbia University has asked an Oregon federal judge to toss a trademark infringement lawsuit brought by Columbia Sportswear, saying it had been using the name for about 200 years prior to the sportswear company putting it on a shirt.
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October 23, 2025
Avadel, Jazz Settle Sleep Disorder Drug Claims
Avadel Pharmaceuticals has announced it reached a global settlement with Irish rival Jazz Pharmaceuticals to dismiss their lawsuits against each other that alleged patent and antitrust violations related to sleep disorder drug Lumryz.
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October 23, 2025
Yelp's Tying Claim Against Google Can Move Ahead
A California federal court has refused to trim Yelp's claim that Google ties its general search results to its local search listings in a case accusing Google of monopolizing the local search market, after finding the latest version of the claim fixed the problems previously identified.
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October 23, 2025
Shipbuilders' Discovery Demands Go Too Far, Engineer Says
One of the naval engineers suing the nation's largest military shipbuilders over an alleged no-poach agreement said she's already identified 20 witnesses and produced more than 3,000 pages of documents in discovery, but the companies are still asking for attorney work product in their latest demands.
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October 23, 2025
Teva, Cephalon Can't Upend €60M Fine In Pay-For-Delay Case
Europe's top court on Thursday upheld a fine of €60.5 million ($70.1 million) imposed on Teva and its now-subsidiary Cephalon, ruling that the pay-for-delay settlement they signed restricted competition by keeping a cheaper generic version of a blockbuster narcolepsy treatment off the market.
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October 23, 2025
Apple Loses UK Class Action Over App Store Charges
The Competition Appeal Tribunal ruled on Thursday that Apple abused its dominant position by charging developers excessive and unfair commissions for purchases made via its app store, the first major win for consumers taking part in the U.K.'s class action regime.
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October 23, 2025
CMA Probes £723M Unite-Empiric Student Housing Merger
The Competition and Markets Authority said on Thursday that it has launched an investigation into student accommodation developer Unite's proposed acquisition of rival Empiric Student Property.
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October 22, 2025
3rd Circ. Says Burford Can't Arbitrate German Discovery Fight
The Third Circuit affirmed on Wednesday that a petition filed under a foreign discovery statute targeting Burford Capital in a dispute relating to German antitrust litigation can't be sent to arbitration, saying the funder cited the wrong section of the Federal Arbitration Act.
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October 22, 2025
'Forthright' Yardi Source Code Production Beats Rent Suit
Yardi thinks it's found the right formula for beating antitrust litigation targeting algorithms allegedly used to fix prices for rental housing, hotel rooms and more, winning a California state court ruling the software company's attorneys say is the first to nix claims by looking at the source code itself.
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October 22, 2025
Apple, Google Found To Hold 'Strategic Market Status' In UK
Britain's competition enforcer confirmed Wednesday that Apple Inc. and Google LLC's mobile platforms have strategic market status, paving the way for new rules meant to safeguard competition and protect consumers and businesses from harmful practices.
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October 22, 2025
Energy Secretary Urges EU To Rethink Sustainability Rules
U.S. Department of Energy Secretary Chris Wright on Wednesday urged European leaders to scrap, or at least revise, proposed European Union corporate sustainability rules, claiming they will hamper exports of liquefied natural gas to the continent.
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October 22, 2025
NCAA, Tennis Players Can't Reach Deal In Prize-Money Suit
A court-ordered federal mediator has reported an impasse between the NCAA and college tennis players challenging the rules barring them from competing in and earning prize money in professional events without forfeiting their college eligibility.
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October 22, 2025
Presidential Firing Limits Fight Builds At High Court
The ousted U.S. Merit Systems Protection Board chair has encouraged the U.S. Supreme Court to include a caveat for "legislative courts" if it overturns precedent that empowers Congress to limit the president's authority to fire certain agency officials, but opponents of independent agencies want a clean break from the status quo.
Expert Analysis
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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.
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How Trump Administration's Antitrust Agenda Is Playing Out
Under the current antitrust agency leadership, the latest course in merger enforcement, regulatory approach and key sectors shows a marked shift from Biden-era practices and includes a return to remedies and the commitment to remain focused on the bounds of U.S. law, say attorneys at Wilson Sonsini.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
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OCC's Digital Embrace Delivers Risk, Opportunity For Banks
As the Office of the Comptroller of the Currency continues to release and seek more information on banks' participation in the crypto-asset arena, institutions may see greater opportunity to pursue digital asset and custody services, but must simultaneously educate themselves on transformations occurring throughout the industry, says Kirstin Kanski at Spencer Fane.
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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.