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Competition
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October 29, 2025
Visa Must Face Cardholders' Antitrust Claims, Judge Says
A New York federal judge has trimmed two antitrust suits against Visa Inc. over its use of exclusive contracts in the U.S. debit card market, axing certain state law and damages claims but also finding that the consumer plaintiffs plausibly alleged the company's conduct suppressed competition.
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October 29, 2025
Conn. Med Spa Says Ex-Workers Poaching Clients, Employees
Two former employees of a Connecticut medical spa violated their employment contract when they lured a co-worker to join them at a nearby competitor and began soliciting the spa's clients, a state court lawsuit alleges.
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October 29, 2025
DOJ Says State AGs Can't 'Second-Guess' HPE Merger Deal
The U.S. Department of Justice and Hewlett Packard Enterprise separately urged a California federal judge Tuesday not to let a dozen state attorneys general peek behind the controversial settlement clearing HPE's $14 billion purchase of Juniper Networks, arguing public comment, not direct intervention, is their appropriate role.
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October 29, 2025
Google Loses Bid To Transfer Monopolization Case To Calif.
A Texas federal court has refused Google's bid to transfer a case from Branch Metrics accusing the search giant of monopolizing several markets related to searching on mobile devices to California, where the companies are both headquartered.
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October 29, 2025
OpenAI Co-Founder Dodges Musk Contempt Bid, For Now
A California federal magistrate judge refused Wednesday to let Elon Musk tee up contempt proceedings against an OpenAI co-founder for limiting what he'd say in a court-ordered second deposition and imposing conditions on a key document in the California federal court lawsuit challenging the ChatGPT maker's transition to a for-profit structure.
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October 29, 2025
Chicago Metra Says Union Pacific's $2.3M Fees Claim Is Invalid
Chicago's commuter rail system Metra has asked an Illinois federal judge to toss Union Pacific's lawsuit alleging Metra owes more than $2.3 million for the use of three Union Pacific-owned lines amid an ongoing contract dispute, saying a federal rail regulator still needs to determine any owed compensation.
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October 29, 2025
Google, Epic Can't Delay Play Store Injunction Any Longer
A California federal judge has refused to push back Wednesday's deadline for Google to begin complying with a three-year injunction requiring it to open up its Play Store to competition, denying the Google and Epic Games' joint rescheduling request following the U.S. Supreme Court's recent denial of Google's bid to stay the injunction.
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October 29, 2025
FCC To Vote On Opening More C-Band For Wireless Use
The Federal Communications Commission will soon vote on advancing a plan to auction up to 180 megahertz of prime midband spectrum for advanced wireless use, after Congress cleared a path this year to revamp the upper C-band.
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October 29, 2025
Schools Point To Apple Ruling In Financial Aid-Fixing Case
The remaining universities being accused of fixing financial aid offerings have told an Illinois federal court that a recent decision decertifying a class of Apple consumers supports denying a class certification bid from the former students.
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October 29, 2025
Microsoft Says Retailer's £262M Reselling Claim Is Too Late
Microsoft has hit back at a retailer's £262 million ($347 million) antitrust claim alleging that the tech giant deliberately suppressed sales of aftermarket software licenses, telling a London court that its opponent waited too long to bring the case.
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October 29, 2025
CMA Finalizes Updates To Simplify Phase 1 Merger Probes
The Competition and Markets Authority has finalized a series of updates to its merger control processes, aiming to make its reviews faster, clearer and more predictable to help make the U.K. more business-friendly.
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October 29, 2025
CMA Clears Healthcare Property Biz's £1.8B Assura Deal
The competition regulator said on Wednesday that it has cleared the acquisition by Primary Health Properties of rival healthcare properties landlord Assura PLC for approximately £1.8 billion ($2.38 billion).
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October 28, 2025
9th Circ. Won't Revive IPhone Web App Antitrust Suit
The Ninth Circuit on Tuesday refused to revive Apple customers' proposed antitrust class action alleging that Apple's mobile ecosystem barriers against advanced web-based apps result in higher iPhone prices, ruling they lack standing to seek injunctive relief and that an injunction against Apple likely wouldn't eliminate those barriers.
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October 28, 2025
Basketball Player Adds Failed NCAA Appeal To Antitrust Suit
The Sixth Circuit's dismissal of the NCAA's appeal of football star Diego Pavia's injunction should factor into a college basketball player's attempt to also extend his athletic career, the player has told a Tennessee federal judge.
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October 28, 2025
Judge Tosses NASCAR's 'Cartel' Counterclaim Against Teams
Two auto racing teams, including one owned by basketball legend Michael Jordan, earned a major victory in their antitrust battle against NASCAR on Tuesday when a North Carolina federal judge threw out NASCAR's counterclaim that the teams were operating as a cartel.
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October 28, 2025
Comcast Wants Early Appeal For Ad Market Antitrust Ruling
Comcast is seeking permission to appeal an Illinois federal court's refusal to end long-running litigation accusing the cable provider of refusing to work with advertisers that don't use its internal advertising system.
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October 28, 2025
Engineer Must Give Shipbuilders No-Poach Witness Names
A Virginia federal magistrate judge ordered a naval engineer to name all the witnesses her attorneys spoke to, and all the information about those interviews, as the nation's largest military shipbuilders seek to argue she's too late to accuse them of agreeing not to poach each other's workers.
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October 28, 2025
Va. Justices Urged To Restore Record $2B Trade Secrets Win
A software company fighting to regain a $2 billion trade secrets award urged the Virginia Supreme Court on Tuesday to affirm the verdict, arguing that an appellate court was wrong to disturb the conclusions from jurors and the trial judge.
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October 28, 2025
Fed. Circ. Won't Send Background Check Patent Fight To Okla.
The Federal Circuit on Tuesday shot down a background check software company's request to override a California federal court's refusal to ship a suit challenging the validity of its patents to Oklahoma.
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October 28, 2025
Skadden, Davis Polk Advise On Formation Of $22B Chip Giant
Skadden Arps Slate Meagher & Flom LLP and Davis Polk & Wardwell LLP are advising Skyworks and Qorvo, respectively, on a deal announced Tuesday that will merge the two leading U.S.-based semiconductor makers into a $22 billion industry giant.
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October 28, 2025
Curaleaf Asks For Quick Action On NJ Pot Shop Union Rule
Cannabis giant Curaleaf's ability to operate in New Jersey could be in jeopardy by the end of the week, it told a federal judge Tuesday when seeking an expedited hearing on its motion to block the state's cannabis regulator from requiring the company to adopt labor peace agreements with unions.
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October 28, 2025
Monopolization Claims Against SAP Survive Dismissal
A California federal judge has refused to toss technology company Celonis' claims accusing software giant SAP of pushing it out of a market for business process analysis services after dismissing a previous version of the allegations.
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October 28, 2025
2nd Circ. Upholds $54M Award To Citgo In Oil Cargo Dispute
The Second Circuit affirmed a $54 million judgment for Citgo Petroleum Corp. in its suit seeking coverage for oil cargo lost during political unrest in Venezuela, finding Tuesday that a lower court did not err or abuse its discretion in rulings on summary judgment, judicial notice and jury instructions.
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October 28, 2025
Tax Software Co. Denies Poaching Rival's Workers
Tax preparation software company Avalara asked a Pennsylvania federal court to deny claims by a competitor that it illegally lured workers with generous job offers, saying it did not unfairly compete or interfere with the competitor's contracts as it claimed.
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October 28, 2025
Kirkland, V&E Steer Close Of EnCap's $2B Continuation Fund
Energy investor EnCap Investments LP, advised by Kirkland & Ellis LLP and Vinson & Elkins LLP, on Tuesday announced that it wrapped fundraising for a continuation vehicle meant to continue its partnership with PennEnergy Resources LLC after securing more than $2 billion in capital commitments.
Expert Analysis
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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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.