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Competition
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September 22, 2025
In-House Judge Won't Pause FTC's Heart Valve Deal Challenge
An administrative law judge refused to pause the Federal Trade Commission's in-house case challenging Edwards Lifesciences Corp.'s planned $945 million purchase of JenaValve Technology Inc. until after a ruling in the related federal court case.
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September 22, 2025
NJ Judge Nixes Investment Fund's Bid For Emails In Bias Suit
A Black-owned investment fund accusing New Jersey officials of bias cannot access emails from Gov. Phil Murphy and two of his Cabinet members because the information falls "squarely" within executive privilege, a magistrate judge said Monday, overruling the firm's objections to a special discovery master's report.
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September 22, 2025
Amex Can't Push 'Illusory' Arbitration Over 'Anti-Steering' Rule
A putative class of businesses does not have to arbitrate claims that American Express violated antitrust laws by effectively preventing merchants that accept credit cards from incentivizing customers to use lower-fee cards, after a Massachusetts federal court ruled it will not "close its eyes" to the "illusory" arbitration agreement.
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September 22, 2025
NextEra Dodges Antitrust Claims In $1B Power Line Fight
A Massachusetts federal judge on Monday dismissed claims that NextEra Energy violated antitrust law in efforts to delay construction of a $1 billion transmission line, saying developer Avangrid Inc. failed to show how NextEra's actions limited competition in New England electricity markets.
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September 22, 2025
High Court Allows FTC Firing, Will Review Trump's Power
The U.S. Supreme Court ruled Monday that President Donald Trump can fire Democratic Federal Trade Commissioner Rebecca Slaughter without cause, and it agreed to reconsider limits on the president's authority to remove members of the FTC.
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September 22, 2025
RealPage Settles Nevada's Rent Pricing Software Claims
RealPage has reached a settlement with the state of Nevada over concerns about the use of its revenue management software by rental housing owners, with the company admitting to no wrongdoing but agreeing to put limits on its use of nonpublic data in the state.
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September 22, 2025
Hausfeld Urges Gov't To Protect Collective Actions Regime
Hausfeld LLP urged the government on Monday to retain and safeguard the U.K.'s collective actions regime in response to plans to review whether it strikes the right balance between helping consumers and protecting companies from spurious claims.
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September 19, 2025
IBS Drug Buyers Win Class Cert. In Takeda Antitrust Case
A Massachusetts federal judge on Friday certified buyer classes in litigation alleging Takeda Pharmaceutical broke antitrust law by cutting a pay-for-delay deal with Par Pharmaceuticals to keep a generic version of Takeda's anti-constipation drug Amitiza off the market for several years.
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September 19, 2025
Judge Rules NCAA Rules Are Commercial, Grants Injunction
A University of Las Vegas defensive lineman won his bid to play another season when a Nevada federal judge ruled that the NCAA's eligibility rules are subject to antitrust scrutiny because the ability of athletes to get paid for their performance makes the restrictions commercial in nature.
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September 19, 2025
Agri Stats Looks To Nix DOJ Antitrust Case Ahead Of Trial
Agri Stats is asking a Minnesota federal court to toss the government's antitrust case ahead of trial, arguing that enforcers still lack evidence to support their information-sharing claims despite scrutinizing the agricultural data firm's industry reports for more than a decade.
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September 19, 2025
Shopify Looks To Toss Sezzle's 'Buy Now, Pay Later' Claims
E-commerce company Shopify Inc. seeks to sink payment platform Sezzle Inc.'s lawsuit accusing it of monopolizing the "buy now, pay later" market, arguing that the fact its platform shows "no fewer than 16 payment options" on checkout pages undermines any anticompetitive practices allegations.
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September 19, 2025
Google Search Judge Values Storytelling, Not 'Denigrating'
The federal judge who found Google liable for monopolizing search and ordered it to prop up rivals had advice in New York City remarks Friday for attorneys trying to sway courts: Write "plain," tell a story without "denigrating" the opposition, and back up economic analysis with business reality.
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September 19, 2025
Justices Asked To Review Optional NAR Rule In Zillow Case
A defunct brokerage platform is asking the U.S. Supreme Court to review its case accusing Zillow and the National Association of Realtors of stamping out competition by using the trade association's optional rule to relegate outside home listings to a secondary tab on Zillow's site.
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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.
Expert Analysis
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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.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Colo. Antitrust Law Signals Growing Scrutiny Among States
Colorado's recently enacted Uniform Antitrust Pre-Merger Notification Act makes it the second state to add such a requirement, reflecting a growing trend and underscoring the need for merging parties to plan for a more complex and multilayered notification landscape for deals, say Puja Patel and Noa Gur-Arie at Cleary.
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Va.'s Altered Surcharge Law Poses Constitutional Questions
Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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How Trump Administration's Antitrust Agenda Is Playing Out
Under the current antitrust agency leadership, the latest course in merger enforcement, regulatory approach and key sectors shows a marked shift from Biden-era practices and includes a return to remedies and the commitment to remain focused on the bounds of U.S. law, say attorneys at Wilson Sonsini.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.