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Competition
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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.
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September 10, 2025
Sidelined Athlete Says NCAA Ignores Injunction-Denial Harm
A University of Wisconsin football player on Wednesday pushed back against the NCAA's attempt to thwart his second bid for an injunction that would allow him to play another year, arguing the organization failed to address the harm he would suffer if he remains sidelined.
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September 10, 2025
NTIA Poised To Release First Spectrum Under New Budget Act
The Trump administration said Wednesday it will make a chunk of spectrum used for weather monitoring available for commercial use, the first such transfer of the airwaves since Congress passed this summer's sweeping budget package.
Expert Analysis
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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FDIC Rules Rollback Foretells More Pro-Industry Changes
The Federal Deposit Insurance Corp.’s March withdrawal of Biden-era proposals to tighten brokered deposit rules and impose new corporate governance standards shows that acting chair Travis Hill’s commitment to reviewing regulations that may restrict growth and innovation for financial institution and fintech companies is unlikely to flag soon, say attorneys at Cooley.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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What Del. Supreme Court LKQ Decision Means For M&A Deals
The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.
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Tracking FTC Labor Task Force's Focus On Worker Protection
The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Electronic Shelf Labels Pose Myriad Risks For Retailers
While electronic shelf labels offer retailers a new way to convey pricing and other product information to consumers, the technology has attracted the attention of U.S. policymakers and consumer advocates, so businesses must assess antitrust, data privacy and discrimination risks before implementation, say attorneys at Baker McKenzie.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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Key Digital Asset Issues Require Antitrust Vigilance
As the digital assets industry continues to mature and consolidate during Trump 2.0, it will inevitably bump up against the antitrust laws in a new way, with potential pitfalls related to merger reviews, conspiratorial or monopolistic conduct, and interlocking directorates, say attorneys at Crowell & Moring.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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Reviving A Dormant Criminal Statute In Antitrust Prosecution
The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.