Competition

  • May 08, 2025

    DC Circ. To Decide If Zero Is Less Than 40 In DCA Slot Fight

    The D.C. Circuit wasn't convinced by the U.S. Department of Transportation's arguments Thursday morning as it worked to convince the panel that the agency hadn't wrongfully excluded Frontier Airlines from new slot exemptions at one of Washington, D.C.'s main airports.

  • May 08, 2025

    Casinos' Market Too Broad In Monopoly Suit, Ill. Judge Hears

    Card shuffler giant Light & Wonder argued Thursday that an Illinois federal judge shouldn't let a group of casinos take the company to trial claiming it used fraud and sham litigation to secure a monopoly because they "cannot, did not and will not" define a relevant market for their case.

  • May 08, 2025

    OCC Axes Biden-Era Bank Merger Rule In Latest Reversal

    The Office of the Comptroller of the Currency moved Thursday to roll back a Biden-era rule intended to dial up its scrutiny of proposed bank mergers, a reversal that comes amid a parallel repeal effort by Republicans in Congress.

  • May 08, 2025

    Instagram Head Says App 'Blends' Friends And Entertainment

    The head of Instagram didn't shy away Thursday from Federal Trade Commission arguments about how Meta functions as a social media platform, testifying in D.C. federal court that sharing with friends and family is a key function, but part of a blended approach also focused on entertainment.

  • May 08, 2025

    Universities Look To End Financial Aid-Fixing Claims

    Elite universities accused of conspiring to limit their financial aid offerings have told an Illinois federal court the undisputed evidence shows they compete vigorously for students, have expanded their financial aid programs and reduced student costs.

  • May 08, 2025

    Ticketmaster Asks Justices To Protect 'Alternative' Arbitration

    Live Nation and Ticketmaster have asked the U.S. Supreme Court to clarify whether a federal law requires courts to enforce only traditional arbitration arrangements Congress envisioned when the law was enacted a century ago, or also "alternative" agreements drafted more recently to process mass arbitration.

  • May 08, 2025

    Fed. Circ. Questions 'Kist' And 'Sunkist' Mark Differences

    The Federal Circuit on Thursday grappled with whether a trademark tribunal relied on enough evidence to conclude that "Kist" and "Sunkist" were dissimilar marks in the soft drink market, questioning if Kist's use of red lips on packaging sent to distributors was enough to distinguish its brand from its competitor.

  • May 08, 2025

    Court Upholds CMA's £99M Thyroid Drug Price Fines

    A U.K. appellate court has not only upheld a finding that drug company Advanz excessively inflated the price of its thyroid tablets for the National Health Service but also reimposed fines against the company's former owner that a lower tribunal had cut by almost a third.

  • May 08, 2025

    No 'Clean Slate' For Samsung After Epic's Win Against Google

    A California federal judge overseeing Epic Games' lawsuit alleging Samsung and Google colluded to dodge an injunction related to Google's Play Store warned the parties on Thursday that he won't completely ignore jury findings in a similar case that Epic won against Google, noting that "we're not writing on a clean slate."

  • May 08, 2025

    Hikma Cuts $50M Deal To End Antitrust Claims In Xyrem MDL

    A certified class of Xyrem buyers in 36 states have asked a California federal judge to preliminarily approve Hikma Pharmaceuticals PLC's $50 million deal to resolve antitrust claims accusing Hikma of colluding with rival Jazz Pharmaceuticals to block generic rivals from competing with Jazz's narcolepsy drug.

  • May 08, 2025

    Apple Asks 9th Circ. To Pause New App Store Injunction

    Apple has asked the Ninth Circuit to pause parts of a California federal court's new injunction mandating changes to its App Store policies, issued after finding Apple violated a previous order, saying the "punitive" measures force it to give away free access to its products.

  • May 08, 2025

    Conn. High Court Snapshot: Rehab Permit And Towing Tiff

    The Connecticut Supreme Court, in its upcoming term, will consider whether an existing substance abuse treatment center has the right to challenge the opening of a competitor nearby, and determine if a murder suspect is owed a new trial over an allegedly botched jury poll.

  • May 08, 2025

    Fix For Roster Limits In NCAA's NIL Deal Awaits Judge's Nod

    Current and prospective college athletes whose spots on their team rosters were jeopardized by the NCAA's settlement of a name, image and likeness antitrust class action will be allowed to play again, according to the latest version of the deal, which a California federal judge found last month needed a revision.

  • May 08, 2025

    Crypto Traders Seek To Revive Part Of £10B Binance Claim

    A group of investors asked the Court of Appeal on Thursday to revive their claims against Binance on the basis that its delisting of a cryptocurrency caused them damage, saying a lower tribunal was wrong to toss out its "loss of chance" argument.

  • May 08, 2025

    EU Moves To Revamp 20-Year-Old Merger Control Rules

    The European Commission called on Thursday for responses to plans to overhaul its 20-year-old merger control rules as it seeks to give weight to innovation, sustainability and security needs when it assesses deals taking place between competitors in the bloc.

  • May 07, 2025

    J&J Unit's Catheter Tying Policy Hurt Rival, Antitrust Jury Told

    Innovative Health's CEO told a California federal jury considering its antitrust claims Wednesday that Johnson & Johnson unit Biosense Webster enforced a policy to cut off support to hospitals that didn't use its catheters after Innovative received FDA approval to reprocess Biosense's electrophysiology catheters, devastating Innovative's business.

  • May 07, 2025

    FDA Gets Win In Eli Lilly Weight Loss Drug Shortage Fight

    A Texas federal judge on Wednesday refused to reverse a U.S. Food and Drug Administration decision to remove Eli Lilly & Co.'s popular weight loss drug from a national shortage list, denying a request from pharmacies that produce copycat doses of the drug and entering judgment in favor of the FDA.

  • May 07, 2025

    Senate Backs Bid To Scrap Biden-Era OCC Bank Merger Rule

    Senators voted Wednesday to repeal the Office of the Comptroller of the Currency's Biden-era revamp of its bank merger review standards, advancing an effort to undo a rule that banks criticized as creating more complication and uncertainty for their deals.

  • May 07, 2025

    Google Is 'What's Best' For Users, Apple Exec Tells Judge

    A top Apple executive forcibly defended the company's pick for its default search engine Wednesday, telling a D.C. federal judge that Google is the only real option, as the U.S. Justice Department looks to ban Google from paying the iPhone maker and others for default search engine placement.

  • May 07, 2025

    Racing Teams Drop Suit Seeking Formula One's Financials

    Michael Jordan's stock car racing team has dropped its lawsuit seeking financial records from the owners of Formula One, according to a filing in Colorado federal court.

  • May 07, 2025

    DOJ, FTC Seek Public Input On Live Event Ticketing Abuses

    The U.S. Department of Justice and the Federal Trade Commission announced Wednesday they are seeking input from the public about potential abuses in the live ticketing industry, which comes after President Donald Trump's March executive order that looks to enforce "transparency at all stages of the ticket-purchase process."

  • May 07, 2025

    $525M Nuke Services Deal Faces Canada Competition Probe

    Canada's competition regulator said Wednesday it has obtained court orders to get information from several companies as part of its investigation of nuclear technology firm BWX Technologies Inc.'s proposed $525 million acquisition of nuclear engineering company Kinetrics Inc.

  • May 07, 2025

    Insulet Pursues EOFlow's Finances After $60M Ruling

    A Massachusetts federal judge has ordered a Korean wearable insulin patch maker to respond to discovery requests as Insulet Corp. looks to collect a nearly $60 million trade secrets judgment, including information concerning an ongoing arbitration with Medtronic PLC stemming from a nixed acquisition deal.

  • May 07, 2025

    Top Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates dozens of times throughout April about their concerns, from T-Mobile's planned takeover of UScellular's wireless operations to Native American tribes' needs for licensed spectrum, phone "unlocking" mandates to spur competition, satellite power limits and more.

  • May 07, 2025

    Ex-Enforcers Back Higher Standard For Google Breakup

    A bipartisan group of former federal antitrust enforcers stretching back to the Nixon administration has told the D.C. federal court overseeing the government's search monopolization case against Google that a high standard needs to be met when divestitures are sought.

Expert Analysis

  • Crisis Management Lessons From The Parenting Playbook

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    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.

  • Wash. Justices' Moonlight Ruling Should Caution Employers

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    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.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    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.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    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.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    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.

  • A Closer Look At Amendments To Virginia Noncompete Ban

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    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.

  • What Bank Regulator Consolidation Would Mean For Industry

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    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.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    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.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    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.

  • FDIC Rules Rollback Foretells More Pro-Industry Changes

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    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.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    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.

  • Series

    Playing Football Made Me A Better Lawyer

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    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.

  • What Del. Supreme Court LKQ Decision Means For M&A Deals

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    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.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    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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