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Competition
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July 17, 2025
Senators Float 'Patent Thicket' Bill To Limit Generic Litigation
A bill floated in the U.S. Senate would limit the use of so-called patent thickets that are asserted by major pharmaceutical companies in litigation to restrict generic competition.
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July 17, 2025
Insurer, Urology Practices Beat Puerto Rico Antitrust Suit
A Puerto Rico federal judge threw out an antitrust lawsuit accusing insurer Triple-S Salud and two urology firms of colluding to exclude rival practices from the commonwealth's government-run healthcare program, finding that the selection of a defendant practice through a competitive process means there was no anticompetitive harm.
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July 17, 2025
Jordan's NASCAR Team Loses New TRO Bid In Antitrust Row
A North Carolina federal judge refused Thursday to guarantee two teams — one co-owned by basketball legend Michael Jordan and NASCAR driver Denny Hamlin — chartered cars while their antitrust suit unfolds, finding that they failed to show they'd endure harm in the immediate future.
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July 17, 2025
Authors Win Cert. In Copyright Suit Against Anthropic
A California federal judge on Thursday certified a class of copyright owners of books in the online pirate libraries Library Genesis and Pirate Library Mirror that were downloaded by artificial intelligence firm Anthropic for training its Claude generative text model.
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July 17, 2025
Fla. AG, Sandoz Clash With Other Enforcers Over 'Done' Deal
Sandoz and Florida's attorney general pressed a Connecticut federal judge Wednesday to let them settle out of sweeping price-fixing litigation against generic-drug makers, contending that federal civil procedure rules give no room for objections from other state enforcers worried the Sunshine State deal interferes with their own ability to negotiate settlements.
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July 17, 2025
PE Firm Is Denied FDA Docs For Defense In Deal Challenge
An Illinois federal court on Wednesday denied a request from private equity firm GTCR BC Holdings LLC to force the U.S. Food and Drug Administration to produce more than a decade's worth of medical device approval applications as the firm fights a merger challenge from enforcers.
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July 17, 2025
UCLA Football Player Latest To Sue NCAA For Eligibility
A football player hoping to play at the University of California, Los Angeles, next season is the latest to join the ranks of athletes challenging the NCAA over its eligibility rules, claiming they restrict competition and impact players' ability to profit off their talent.
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July 17, 2025
Couche-Tard Pulls $47B Takeover Bid For 7-Eleven Parent
Alimentation Couche-Tard has withdrawn its nearly $47 billion bid to acquire Seven & i Holdings, the Japanese parent of 7-Eleven, citing "a persistent lack of good faith engagement" from Seven & i leadership.
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July 16, 2025
Pharmacy Benefit Managers Say Ohio Can't Recast Suit
The state of Ohio can't "recast its complaint on appeal" in order to convince the Sixth Circuit that its enforcement suit accusing two pharmacy benefit managers of working to raise the cost of prescription drugs belongs in state court, those managers have told the appellate court.
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July 16, 2025
Split 7th Circ. Backs NCAA In Eligibility Rule Antitrust Suit
A split Seventh Circuit on Wednesday overturned a decision granting a University of Wisconsin football player another year of eligibility, finding that the college athlete hasn't shown he is likely to succeed on his claim that the National Collegiate Athletic Association's five-year rule restrains competition in violation of federal antitrust laws.
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July 16, 2025
AvalonBay Looks To Exit DC's RealPage Case Again
Real estate investment trust AvalonBay has asked to end the claims against it in the D.C. attorney general's case accusing RealPage of helping more than a dozen building owners inflate rental prices by using its software, after enforcers renewed their claims against the landlord earlier this year.
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July 16, 2025
Senior Placement Co. Wants Out Of False Ad Suit
A company that places senior citizens in retirement homes has asked a Georgia federal judge to toss a proposed class action alleging it falsely advertised free services and steered business away from communities that declined to participate in its "pay-to-play" business model, arguing the claims were just "speculation and conjecture."
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July 16, 2025
Charter, Cox Ask FCC To Approve $34.5B Combination
Charter Communications and Cox Communications asked federal telecom regulators this week to approve their $34.5 billion megadeal to combine into a broadband, video and mobile services behemoth.
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July 16, 2025
Juul Fights Bid To Revive Price Discrimination Suit
Juul Labs urged an Illinois federal court not to revive a gas station distributor's case accusing the e-cigarette company of giving a rival wholesaler a better deal, saying the court was right to toss the latest complaint because it failed to say where the wholesalers compete.
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July 16, 2025
Pac-12, Mountain West At Impasse On Poaching Fees Dispute
The Pac-12 and Mountain West conferences, fighting in California federal court since last September over millions in fees the Mountain West charged the Pac-12 for luring its members away to rebuild the league, will go back to court after mediation attempts failed.
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July 16, 2025
Refused NFL Goods Sale Not Antitrust Harm, Judge Says
An online merchant blocked from selling licensed NFL merchandise on Amazon.com and Walmart.com by league policies restricting online sales to approved retailers has two weeks to fix its proposed class action claims after a New York federal judge said that the contested restrictions do not trigger U.S. antitrust law.
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July 16, 2025
Utah Judge Ends Startup's Antitrust Suit Against NAR, Brokerages
A Utah federal judge permanently tossed an antitrust suit lodged by a residential brokerage startup against the National Association of Realtors and multiple brokerages, ruling that the claims were time-barred.
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July 16, 2025
CMA Examines Norcros-Fibo Deal For Competition Concerns
The U.K. competition watchdog said Wednesday it is taking a preliminary look at branded bathroom products maker Norcros' proposed acquisition of Norway-based wall panels maker Fibo from private equity investor FSN Capital Partners for 618 million Norwegian krone ($60.6 million).
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July 16, 2025
BT Landline Clients Pushing To Revive £1.3B Class Action
BT landline customers who were part of a £1.3 billion ($1.7 billion) collective action against the telecoms giant asked the Court of Appeal on Wednesday for permission to challenge findings that prices charged by the company were not unfair.
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July 15, 2025
HomeServices, Douglas Elliman Nix Broker Fee Antitrust Suit
HomeServices of America and Douglas Elliman escaped homebuyers' proposed antitrust class action alleging real estate agents conspired to artificially inflate broke service commissions for home sales, after a Florida federal judge ruled the buyers lacked standing since home sellers are the ones who paid those commission fees.
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July 15, 2025
Auto Dealership Software Biz Must Face Rival's Monopoly Suit
A California federal judge Tuesday denied Texas tech company CDK Global's bid to dismiss a lawsuit accusing it of cornering the auto dealership management software market, saying its rival, Tekion, plausibly alleged that CDK holds a monopoly power and made it hard for dealerships to switch to competing platforms.
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July 15, 2025
MaxLinear, Silicon Motion Beat Suit Over Failed $3.8B Merger
A California federal judge on Tuesday threw out a proposed class action that accused semiconductor company MaxLinear and chipmaker Silicon Motion of misleading investors about a $3.8 billion merger that fell through, saying Silicon Motion shareholders couldn't sue MaxLinear or prove that Silicon Motion knew about an alleged breach of the merger agreement.
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July 15, 2025
GTCR Seeks Rival's Sales Data To Counter FTC Challenge
The private equity firm looking to buy medical device coating company Surmodics is seeking Salesforce data from another competitor in the space, saying the information is crucial to showing that the industry will still be competitive if its acquisition is cleared.
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July 15, 2025
NC Docs Say Practice Duped Them Into Providing Free Labor
A trio of reproductive and women's health care physicians were enticed to sell their practice by promises of a brighter financial future, only to be forced into providing more than a year of free labor, the doctors say in a complaint designated to the North Carolina Business Court.
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July 15, 2025
FTC Says Merger Penalty Deal In The Works With 7-Eleven
The Federal Trade Commission is inching closer to a settlement with 7-Eleven in its suit seeking to slap the convenience store chain with a $77.5 million penalty for violating a settlement that it inked with the agency in order to get a merger approved back in 2018.
Expert Analysis
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Nev. Steps Up Efforts To Attract Incorporations With New Law
Recent amendments to Nevada corporate law, which will narrow controlling stockholders’ liability, streamline mergers and allow companies to opt out of jury trials, show the interstate competition to attract new and reincorporating companies is still heating up, say attorneys at Simpson Thacher.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Plan For Increased HSR Info Sharing With Wash. Antitrust Law
Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.
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Dupes Boom Spurs IP Risks, Opportunities For Investors
The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.
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How Trump's Trade Policies Are Shaping Foreign Investment
Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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FTC Focus: Enforcers Study AI Innovation And Entrenchment
The Federal Trade Commission and other regulators setting their sights on the burgeoning artificial intelligence ecosystem are considering how the government should approach innovation in tech markets that tend, almost inevitably, toward concentration, say attorneys at Proskauer.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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New Law May Reshape Fla. Employer Noncompete Strategy
With Florida's CHOICE Act taking effect this week, employers should consider the pros and cons of drafting new restrictive covenant agreements with longer noncompete or garden leave periods and enhanced enforcement mechanisms, say attorneys at Vedder Price.
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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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.
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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.