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Competition
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November 26, 2025
Swimmers Defend $1.16M Fee In Antitrust Fight With Aquatics
Swimmers suing World Aquatics over alleged antitrust violations say the objection to an additional $1.16 million in attorney fees is "absurd," arguing the international governing body knows payment would come from a fund separate from the already negotiated attorney fees.
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November 26, 2025
Anti-Disinformation Nonprofit Claims FTC Retaliation In Suit
An anti-disinformation nonprofit is suing the Federal Trade Commission over a civil investigation demand it claims was sent in retribution for the group's 2022 media market review that listed conservative outlets like The Daily Wire and The Federalist among its top disinformation-risk sites.
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November 26, 2025
GTCR Drops FTC Constitutional Challenge Over Merger Case
GTCR BC Holdings LLC has agreed to dismiss its constitutional claims against the Federal Trade Commission after enforcers dropped their case challenging the private equity firm's $627 million purchase of medical device coatings company Surmodics Inc.
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November 26, 2025
Justices Delay Copyright Chief Case Until FTC Firing Decision
The U.S. Supreme Court said it will defer ruling on whether the Trump administration's firing of the U.S. Copyright Office leader was legal until the justices resolve cases involving the terminations of a Democratic Federal Trade Commission member and Federal Reserve Gov. Lisa Cook.
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November 26, 2025
RealPage Sues Over NY Rental Pricing Software Law
Property management software company RealPage sued New York's attorney general in federal court, alleging a recently passed state law to prevent building owners from using software to collude on residential rental rates is unnecessary and violates the First Amendment.
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November 25, 2025
UnitedHealth Gets OptumRx Antitrust Suit Sent To Arbitration
A group of independent pharmacies must arbitrate their proposed class claims that UnitedHealth-owned OptumRx gatekeeps its network of Medicare prescription patients by imposing unfair fees, a Washington federal judge said Tuesday, concluding the pharmacies haven't shown the arbitration clauses in question are unenforceable.
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November 25, 2025
John Deere Rival Can't Appeal Info Safeguards In FTC Case
A Deere & Co. competitor looking to shield confidential information it produced for a U.S. Federal Trade Commission right-to-repair investigation from related multidistrict litigation targeting Deere cannot tap the Seventh Circuit to resolve legal questions surrounding its failed protective order request, an Illinois federal judge said.
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November 25, 2025
Medical AI Co. Accused Of 'Smear Campaign' Against Rivals
Two rivals of medical artificial intelligence platform OpenEvidence have told a Massachusetts federal judge the startup has used the courts in a campaign of "deceit, harassment and defamation" against competitors.
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November 25, 2025
TextNow Accuses NC Rival Of Exploiting Its Trademark
Canadian text and calling service company TextNow Inc. accused a U.S. competitor of willfully infringing on its lucrative trademarks via websites, advertising and a mobile app, according to a lawsuit filed in North Carolina federal court.
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November 25, 2025
ISS Updates Policy For Climate Change, Diversity Proxy Bids
Proxy advisory firm Institutional Shareholder Services Inc. indicated Tuesday it has updated its policies for backing controversial shareholder proposals on corporate proxy ballots, opting to endorse diversity and climate change-related proposals on a case-by-case basis starting next year.
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November 25, 2025
3rd Circ. Restores NCAA Junior-College Eligibility Rule
An NCAA rule that includes junior colleges when determining a college athlete's eligibility is a "commercial" restriction, but a Rutgers University football player must go back to court and define the market for his labor if he wants to argue the rule violates antitrust law, the Third Circuit said Tuesday.
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November 25, 2025
Live Nation Trims But Can't Shake Off Taylor Swift Fans' Suit
A California federal judge has tossed for good negligence and fraud claims from a lawsuit by hundreds of Taylor Swift fans who allege Live Nation Entertainment Inc. and Ticketmaster LLC's anticompetitive conduct caused the Eras tour ticket sale "disaster," but kept alive breach of contract and antitrust claims.
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November 25, 2025
DOJ Fights Bid To Nix Agri Stats Antitrust Case Ahead Of Trial
The U.S. Department of Justice told a Minnesota federal court that Agri Stats has been helping chicken, pork and turkey producers exchange sensitive information for decades, as government enforcers opposed the company's bid to end their information-sharing case ahead of trial.
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November 25, 2025
Yardi Looks To Calif. Win In Wash. Rent-Fixing Suit
Yardi Systems Inc. told a Washington federal court that source code it turned over confirms that its revenue management software doesn't rely on confidential competitor data, echoing defenses that led to one of the first defeats of algorithmic rent-setting antitrust suits.
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November 25, 2025
Insurance Broker Says Competitor Stole Employees, Clients
The parent company of insurance brokerage Trucordia told the Delaware Chancery Court on Monday that it has lost more than $2.5 million in annual commission revenue because a Florida-based competitor is trying to poach Trucordia's employees and clients in coordination with a former insurance producer and current equity holder.
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November 25, 2025
Tenn. Judge OKs $141M In RealPage Landlord Settlements
A Tennessee federal judge has preliminarily approved $141.8 million worth of class settlements for antitrust claims lodged against landlords that allegedly used RealPage Inc.'s revenue management software to fix rent prices for residential properties.
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November 25, 2025
FTC, Ticket Resellers Look To Toss Dueling BOTS Act Cases
Ticket brokers have asked to toss the Federal Trade Commission's case accusing them of bypassing Ticketmaster limits to buy and resell hundreds of thousands of concert tickets, while the commission asked to nix a preemptive case seeking to block the enforcement action.
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November 24, 2025
Williams Sonoma Sues Quince Over 'Dupe' Comparisons
Williams-Sonoma Inc. on Friday sued Quince in California federal court, accusing the direct-to-consumer retailer of falsely advertising to consumers that its products, though cheaper, are of the same high quality as Williams Sonoma's products.
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November 24, 2025
9th Circ. Clarifies FTC's Sanction Power In Backing $7M Win
The Ninth Circuit affirmed Monday a $7.3 million compensatory sanction and asset-freeze injunction against executives behind the "Success By Health" pyramid scheme, rejecting their argument, among others, that the justices' AMG v. FTC ruling requires the Federal Trade Commission to hold administrative proceedings before suing over rule violations.
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November 24, 2025
Tennis Australia Gets Stay As Antitrust Deal Looms
A New York federal judge has granted Tennis Australia Ltd. a stay in a lawsuit filed by professional tennis players that accused it and other tournament organizers of manipulating pay and rankings through an illegal cartel.
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November 24, 2025
3 Federal Circuit Clashes To Watch In December
The Federal Circuit's argument calendar for December includes a festive $71.4 million patent dispute about artificial Christmas trees, as well as a software company's bid to revive a nine-figure trade secrets and contract verdict against Ford that was slashed to a nominal $3.
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November 24, 2025
Judge Lets FERC's $1B Market Manipulation Case Proceed
A North Carolina federal judge on Monday declined to block the Federal Energy Regulatory Commission from imposing nearly $1 billion in enforcement penalties against an energy efficiency aggregator, saying the company hasn't shown its constitutional rights have been violated.
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November 24, 2025
DOJ Looks To Settle RealPage Rent Price-Fixing Claims
The federal government filed a proposed final judgment on Monday that aims to settle antitrust claims accusing property management software company RealPage Inc. and multiple landlords of conspiring to use RealPage's revenue management software to fix rent prices.
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November 24, 2025
Naval Architect Says 4th Circ. Got No-Poach Ruling Right
A former naval engineer accusing shipbuilders of conspiring to suppress industry wages has told the U.S. Supreme Court that their petition for review of a Fourth Circuit decision reviving her proposed class action rests on a rule the panel never adopted.
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November 24, 2025
Judge Pushes To Resolve Gaming Status Of $700M Casino
A D.C. federal court judge is asking the federal government and several tribal nations for a report that lays out their positions on the Department of the Interior's reconsideration of gaming eligibility for a $700 million resort-style casino and hotel project in Vallejo, California.
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.