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Competition
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January 31, 2025
9th Circ. Affirms Aerospace Co. Code Meets Fair Use Standard
Aerospace contractor Astronics has convinced Ninth Circuit judges that the code used in its replacement parts is covered by the same fair use protections created by the U.S. Supreme Court's Google v. Oracle decision.
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January 31, 2025
Amazon Must Give Up Docs In Consumer Class Antitrust Suits
A Washington federal judge said Friday he would order Amazon to hand over documents it's flagged as confidential to consumers bringing a trio of proposed antitrust class actions, saying he's "suspicious" of the e-commerce giant's privilege-logging practices.
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January 31, 2025
CMA Clears Outbrain's $1B Altice Video Platform Deal
Digital advertising technology provider Outbrain is free to move forward with its $1 billion plan to pick up video advertising platform Teads from European telecommunications company Altice, after the United Kingdom's competition enforcer gave the transaction its blessing.
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January 31, 2025
Monthly Merger Review Snapshot
The U.S. Department of Justice challenged a $14 billion Hewlett Packard Enterprise wireless technology transaction, former President Joe Biden made one of his last acts blocking the Nippon Steel-U.S. Steel merger and a federal judge refused to grant the Federal Trade Commission a preliminary injunction against the Tempur Sealy-Mattress Firm tie-up.
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January 31, 2025
Visa, Mastercard And Banks Oppose Swipe Fee Do-Over Bid
Visa, Mastercard and several major banks have filed a motion opposing cardholders' solicitations for a New York federal judge to reconsider dismissing claims from their interchange fee suit.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
Court Won't Block Tempur Sealy's $4B Mattress Firm Deal
A Texas federal court on Friday denied the Federal Trade Commission's bid to put a hold on Tempur Sealy International Inc.'s planned $4 billion purchase of Mattress Firm Group Inc. over concerns about rival mattress suppliers' access to the retail chain.
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January 31, 2025
Apple Wants Google Search Case Paused For Appeal
Apple filed an emergency motion asking a Washington, D.C., federal court to pause the landmark monopolization case targeting Google's search dominance while it appeals a decision refusing to allow the company to participate in the upcoming remedies trial.
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January 31, 2025
Off The Bench: NIL Deal Skeptics, Padres Feud, Rozier Probe
In this week's Off The Bench, critics get their knives out for the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, the family feud over ownership of the San Diego Padres intensifies, and a federal gambling probe ensnares Miami Heat guard Terry Rozier.
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February 07, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
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January 31, 2025
Cannabis Test Lab Says Competitors Fudging Results
A Massachusetts cannabis testing lab accused eight of its competitors of intentionally inflating results for potency and concealing findings of contamination in order to lure away customers, according to a lawsuit filed in state court.
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January 31, 2025
Despite Fewer Biden Antitrust Probes, Abandonments Rose
Despite a historically low number of significant merger investigations under Joe Biden's administration, abandoned transactions far outpaced those seen in Donald Trump's first term or Barack Obama's second, according to a new Dechert LLP report.
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January 31, 2025
CMA Beats Motorola In Emergency Network Price Cap Appeal
Motorola has failed in its bid to overturn a decision by the antitrust watchdog that restricted how much the technology giant can charge the emergency services in Britain to use its Airwave network, after an appeals court found the move was "fully justified."
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January 30, 2025
Pharmacy Says Its Ex-GC Destroyed Trade Secrets Evidence
Texas-based Empower Pharmacy on Thursday pressed for sanctions against its former general counsel — who also happens to be a former assistant district attorney in San Antonio — claiming that the lawyer intentionally destroyed a hard drive that contained evidence relevant to Empower's trade secrets suit against a rival pharmacy.
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January 30, 2025
Lower Court Altered Contract Reading, Texas Justices Told
An Energy Transfer subsidiary told the Texas Supreme Court that a lower court upended the way contracts are interpreted in the state when it found no remedy for alleged losses from a soured $1 billion deal with an Exxon Mobil Corp. unit.
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January 30, 2025
Hotel Guests Get Backing For Algorithmic Pricing Suit
Hotel guests accusing a group of Atlantic City properties of using shared software to fix room rates are getting a helping hand in their Third Circuit fight to revive their suit from antimonopoly interest groups, who filed in separate amicus briefs in support of their effort this week.
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January 30, 2025
Google Judge Leery Of Administration Of $90M Antitrust Deal
A California federal judge overseeing Google's $90 million antitrust deal with Play Store developers expressed "doubt" Thursday about the decision of counsel representing smaller developer plaintiffs to stay with an administration company handling the settlement distribution, two months after criticizing the administrator's work as "the worst performance I've seen."
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January 30, 2025
Objection To NCAA's NIL Deal Sparks Attorney War Of Words
A group of athletes claimed Wednesday that the $2.78 billion settlement with the NCAA over college athlete compensation illegally limited payments and broke antitrust laws, in an objection that spurred the plaintiffs' attorney to accuse the objectors' representatives of failing the athletes in previous court challenges.
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January 30, 2025
DOJ Calls UnitedHealth Dismissal Bid A Discovery 'End Run'
The U.S. Department of Justice assailed UnitedHealth Group on Wednesday for "masquerading" a "premature" discovery bid as a motion to dismiss the government's Maryland federal court lawsuit challenging the $3.3 billion purchase of home health and hospice giant Amedisys Inc.
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January 30, 2025
Wis. Football Player Sues NCAA For Another Year Of Eligibility
A University of Wisconsin football player claims in a federal lawsuit that the NCAA unlawfully rejected his request for an additional year of playing eligibility and is seeking a temporary restraining order to keep the organization from enforcing its decision.
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January 30, 2025
Amex GBT Calls Judge's Sept. DOJ Trial 'Manifest Injustice'
American Express Global Business Travel Inc. asked a New York federal judge Wednesday to reconsider waiting until September to hear the U.S. Department of Justice challenge to its planned $570 million purchase of CWT Holdings LLC, arguing it needs an answer much sooner.
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January 30, 2025
MLS, US Soccer Seek Midtrial Win In $500M Antitrust Case
Major League Soccer and the sport's American governing body are seeking an early win in the North American Soccer League's $500 million lawsuit against the two, telling the New York federal judge overseeing the ongoing trial that the lower-level league has offered no evidence of a conspiracy to sabotage it.
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January 30, 2025
Food Co. Says Ex-Manager Hoodwinked Customers For Rivals
The former general manager of a chicken processing plant allegedly double-crossed his employer by working with two competing food distributors to poach customers through deceptive sales pitches and pocketing company funds through off-the-book rental agreements, according to a newly designated North Carolina Business Court complaint.
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January 30, 2025
Turkey Buyers' $32M Cargill Price-Fix Deal Scores Early OK
Turkey buyers' proposal for a $32 million settlement of price-fixing claims against Cargill sailed through the initial approval stage Thursday as an Illinois federal judge praised the deal as "substantial" relief for the class.
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January 30, 2025
M&A Shot To $3.7T In 2024 As IT/Tech, Finance Shined
Mergers and acquisitions deal values and volumes rebounded significantly in 2024 after a slow 2023, with the IT/tech and financial services sectors leading the way, according to a Thursday report from data firm PitchBook.
Expert Analysis
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US-China Deal Considerations Amid Cross-Border Uncertainty
With China seemingly set to respond to the incoming U.S. administration's call for strategic decoupling and tariffs, companies on both sides of the Pacific should explore deals and internal changes to mitigate risks and overcome hurdles to their strategic plans, say attorneys at Covington.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Nippon, US Steel Face Long Odds On Merger Challenge
Following the Committee on Foreign Investment in the United States' review of Japan's Nippon Steel's proposed acquisition of U.S. Steel, the companies face a formidable uphill battle in challenging the president's exercise of authority to block the deal on national security grounds, say attorneys at Kirkland.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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Top 10 Noncompete Developments Of 2024
Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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What's Ahead As Transparency Act Comes To A Crossroads
Synthesizing the contrasting federal district and appellate court rulings on the Corporate Transparency Act’s validity reveals several main areas of debate that will likely remain at issue as challenges to the law continue winding through the courts, say attorneys at Farella Braun.
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What To Expect From Federal Cybersecurity Policy In 2025
There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.
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4 Trade Secret Developments To Follow This Year
Significant developments in trade secret law are likely in 2025, and areas to watch include protection of AI-related innovations, the fate of the Federal Trade Commission's noncompete ban, and questions of the federal Defend Trade Secrets Act's extraterritorial reach, say attorneys at Faegre Drinker.
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Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas
Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.
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2 Cases May Signal Where FTC Is Headed On Labor Issues
Two recent Federal Trade Commission challenges to no-hire clauses in agreements between building service firms and their customers include comments by future FTC Chair Andrew Ferguson that may offer insight into the direction the FTC is headed on labor issues, says Michael Wise at Squire Patton.
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Penn State Brand Case Leaves Ornamentality Unresolved
While the recent jury verdict in Penn State University v. Vintage Brand was a win for the college and brands, legal practitioners should expect plenty of litigation around unaddressed ornamentality issues of whether marks that are not yet incontestable can be canceled for being used solely in decorative, non-source-identifying ways, say attorneys at Debevoise.
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Series
Illinois Banking Brief: All The Notable Legal Updates In Q4
While the last quarter of 2024 didn't bring any notable state financial legislation, Illinois banks did see developments in the challenge to the Interchange Fee Prohibition Act, and received some awaited guidance on credit line disclosures and bank-fintech relationships, say attorneys at Dykema.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.