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Competition
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September 19, 2025
Air Charter Co. Says Rival Bribed Ex-Worker For Insider Info
Air charter broker XO Global sued its competitor Jet365 in Miami, claiming the rival bribed a onetime XO sales employee to steal confidential business information that allowed Jet365 to redirect millions of dollars' worth of charter flights to itself.
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September 19, 2025
FTC Restructuring Its Non-DC Offices Under Single Banner
The head of the Federal Trade Commission's Competition Bureau said in New York City remarks Friday that the agency is restructuring its offices outside its Washington, D.C., base so that those satellite units operate as a single division under an "easier, cleaner, more efficient reporting structure."
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September 19, 2025
Off The Bench: Briefings On Trans Ban, New Kalshi Conflicts
In this week's Off The Bench, the U.S. Supreme Court receives initial briefs from West Virginia and Idaho regarding their bans on gender identity-based participation in school sports, Kalshi is taken to court by another state over its event contract offerings, and Washington, D.C.'s National Football League team takes a major step toward returning to its namesake city.
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September 18, 2025
BofA Unit To Pay $5.6M To End DOJ Market Manipulation Case
The U.S. Department of Justice said Thursday that an investment banking arm of Bank of America Corp. will pay roughly $5.6 million to resolve a criminal investigation into market manipulation allegations involving two now-former traders on its U.S. Treasurys desk.
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September 18, 2025
FCC Should Follow Exec Branch Policy, Commissioner Says
As President Donald Trump continues to get more involved in the operations of independent federal agencies, a member of the Federal Communications Commission said Thursday the FCC needs to remain accountable to the executive branch.
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September 18, 2025
Amazon Must Face Buyers' Antitrust Suit Over Pricing Policy
A Manhattan federal judge on Thursday allowed consumers' lawsuit targeting a policy Amazon had in place until March 2019 that restricted sellers from offering cheaper prices elsewhere to proceed under antitrust and consumer protection laws in 25 states, but tossed claims brought under Kansas, Mississippi, Missouri and Tennessee laws.
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September 18, 2025
Philip Morris Gets Swedish Match Deal Case Stubbed Out
A Virginia federal court tossed a proposed class action on Thursday from consumers accusing Philip Morris of violating antitrust law by purchasing Swedish Match rather than competing in the U.S. market for nicotine pouches with its own product, after finding the claims were based on conjecture instead of facts.
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September 18, 2025
DC Circ. Judge Says PJM Monitor May Have 'Hint Of Paranoia'
The D.C. Circuit didn't seem so sure Thursday morning that the Federal Energy Regulatory Commission was flouting the rules by denying an independent market monitor access to its liaison committee meetings, with one judge saying the monitor seemed to be exhibiting a "hint of paranoia."
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September 18, 2025
FTC Sues Live Nation, Claiming Illegal Ticketing Tactics
The Federal Trade Commission and seven states accused Live Nation and Ticketmaster in California federal court on Thursday of deceiving customers and artists by not disclosing fees and by helping brokers buy and resell millions of dollars' worth of tickets at a substantial markup.
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September 18, 2025
Calif. Slams Truck-Makers' Bid To Block Emissions Regs
California has told a federal judge that truck manufacturers seeking to renege on their commitments to follow stringent state emissions standards for heavy-duty trucks in the coming years aren't entitled to an injunction now, and the Trump administration cannot bulldoze California into falling in line.
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September 18, 2025
FTC Greenlights Amazon Prime Trial For Next Week
A Seattle federal judge has cleared the Federal Trade Commission's consumer protection case against Amazon to go to trial on Monday, finding the company violated at least one requirement of an e-commerce law, yet jurors must still decide if it clearly disclosed Prime subscription terms to users and offered simple cancellation methods.
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September 18, 2025
NC Judge Trims Feud Over Middle School Dance Team Name
The parties fighting over the rights to the name of a youth dance team were urged by a North Carolina federal judge on Thursday to resolve the disagreement on their own, after he streamlined the claims against each other and admonished them for the lengths they already have traveled to secure the team name.
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September 18, 2025
NPE Asks To Drop Samsung Patent Suit Watched By Gov't
A nonpracticing entity has moved to drop a patent infringement suit against Samsung in light of new testimony in a case where the federal government had taken the rare step of showing interest.
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September 18, 2025
NC Coastal Pool Co. Can't Exit Trademark Dispute Early
An Outer Banks-area pool and spa service provider has been denied an early exit from a trademark dispute after a North Carolina federal judge found claims against it to be good enough to survive judgment on the pleadings.
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September 18, 2025
Footballer Drops Suit Against NCAA After Bid To Play Denied
The college football player who sued the NCAA over its denial of a waiver for him to play this season has dropped his case, after a North Carolina state judge denied his bid for a temporary restraining order that would have allowed him to suit up immediately.
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September 18, 2025
DOJ's Slater Says Google Search Fixes Set AI 'Foundation'
The head of the Justice Department Antitrust Division left the door open Thursday to appealing a D.C. federal judge's rejection of the government's most sweeping remedies proposals targeting Google's search monopoly, even as she used New York City remarks to tout the fixes the government did manage to win.
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September 18, 2025
Think Tank Wants Funders To Bear Costs In Bid To Curb CPOs
A British think tank pushed for changes on Thursday that could reduce the number of U.K. class action claims that go forward, in anticipation of a major government review of the collective proceedings regime.
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September 18, 2025
Harley-Davidson Says 7th Circ. Right To Toss Warranty Suit
Harley-Davidson is urging the Seventh Circuit not to hold an en banc rehearing on antitrust claims alleging its warranties prohibited off-brand parts, saying the panel was correct last month when it found the plaintiffs failed to allege the relevant market or that the warranty actually had any such prohibition.
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September 18, 2025
Japanese Glycine Exporter Hit With 86% Antidumping Duty
The U.S. Department of Commerce issued a notice Thursday indicating a Japanese supplier of glycine faces a more than 86% antidumping duty rate, saying the company failed to cooperate with the federal government's investigation.
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September 18, 2025
CMA Weighs Probe Into Primark Owner's Planned Hovis Deal
The Competition and Markets Authority urged "interested parties" on Thursday to comment on the potential acquisition by Associated British Foods PLC of bread company Hovis Group Ltd.
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September 17, 2025
3rd Circ. Urged To Revive NJ Casino Antitrust Pricing Suit
Algorithmic collusion by Atlantic City casino hotels, as alleged by their customers, poses a grave threat to consumers as the hotels use software to get around a century's worth of antitrust precedent, an attorney for the American Antitrust Institute told the Third Circuit on Wednesday, urging the court to revive an antitrust suit.
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September 17, 2025
Media Matters Again Denied Transfer Of X's Nazi Posts Suit
Media Matters for America must remain in Texas for X Corp.'s defamation lawsuit over a story about ads running alongside Neo-Nazi content, after a federal judge again refused Tuesday to transfer the case to California following a Fifth Circuit decision nixing a previous rejection of transfer.
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September 17, 2025
Hermes Gets Birkin Bag Antitrust Claims Tossed For Good
A California federal court on Wednesday tossed a proposed class action accusing Hermes of unlawfully tying the sale of its iconic Birkin handbag to other expensive items, finding the latest version of the complaint still fell short of making a plausible antitrust claim.
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September 17, 2025
DOJ & Google Going To Trial, Again, On Ad Tech Remedies
The Justice Department goes to trial next week to try breaking up Google's advertising placement technology business after a Virginia federal court declared the company an illegal monopolist in ad tech.
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September 17, 2025
3rd Circ. Panel Puzzled By Economics Of NCAA Eligibility
The introduction of compensation for college athletes may have changed the economic effects of the NCAA's eligibility rules, but a Third Circuit panel wondered Wednesday whether enough analysis on the specific effects had been done to justify suspending one of those rules for a Rutgers University football player.
Expert Analysis
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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.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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NCAA Settlement Kicks Off New Era For Student-Athlete NIL
A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Trump Antitrust Shift Eases Pressure On Private Equity Deals
Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.
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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.