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Competition
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May 06, 2025
Google Calls Proposed Ad Tech Breakup 'Unworkable'
Google has told a Virginia federal court that fixes being proposed by enforcers in the ad tech monopolization case calling for the sale of its ad exchange and publisher-side tool are legally inappropriate and practically "unworkable."
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May 06, 2025
Trade Secrets Emerge As Path For Cos. To Protect AI Works
Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents — a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.
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May 06, 2025
Career Morgan Lewis Antitrust Atty Moves To Latham
An attorney who focuses his practice on the antitrust aspects of mergers and acquisitions, joint ventures and other corporate transactions has moved his practice from Morgan Lewis & Bockius LLP, where he had spent his entire career, to Latham & Watkins LLP.
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May 06, 2025
Greenberg Traurig Lands Antitrust Ace From Holland & Knight
Greenberg Traurig LLP has added an antitrust attorney from Holland & Knight LLP who will serve as global co-chair of its antitrust litigation and competition regulation practice.
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May 05, 2025
Apple Hit With Developer Suit After App Store Contempt Order
Apple has been hit with a developer's proposed class action after a California federal judge last week agreed with Epic Games that the tech giant violated her order prohibiting App Store rules that prevent developers from steering users to alternative payment options.
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May 05, 2025
DC Circ. Has Doubts About Narcolepsy Drug Appeal
The D.C. Circuit is now set to decide whether the U.S. Food and Drug Administration was wrong to declare a rival narcolepsy treatment not the "same drug" as another produced by Jazz Pharmaceuticals Inc., after appearing highly skeptical of the drug company's arguments that it was.
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May 05, 2025
Energy Co. Didn't Mess With Costa Rica Deal, Retrial Jury Told
A South Dakota energy company urged a Denver jury Monday to reject allegations that it interfered with a deal for oil and gas rights on nearly 2.3 million acres in Costa Rica, in a retrial after an appellate panel threw out a $42 million jury award against it.
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May 05, 2025
Liquidia Fends Off Indication Challenge In UTC Tyvaso Fight
A D.C. federal court has rejected United Therapeutics Corp.'s challenge to a U.S. Food and Drug Administration decision allowing Liquidia Technologies Inc. to modify a new drug application to include an additional lung disease indication for a drug competing with UTC's blockbuster lung disease drug Tyvaso.
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May 05, 2025
OpenAI Abandons For-Profit Plan After Musk Suit Is Preserved
OpenAI announced Monday that it was no longer pursuing plans to transition the ChatGPT maker into a for-profit enterprise, changing course just days after a California federal judge refused to throw out the bulk of Elon Musk's suit challenging those plans.
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May 05, 2025
Regeneron, Amgen Open Drug 'Bundling' Trial In Del.
The founder and CEO of Regeneron Inc. told a federal jury in Delaware on Monday that a major pharmacy benefit insurer told him in mid-2020 his company was wasting its time in trying to keep a cholesterol-drug supply contract, with Amgen Inc. offering a better-priced but allegedly anticompetitive multidrug portfolio.
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May 05, 2025
Officials Seek More Depo Time In Live Nation Antitrust Suit
U.S. officials have asked a Manhattan federal court to extend deposition time in a lawsuit accusing Live Nation of anticompetitive practices in ticket sales to live entertainment events, saying they need more hours to seek testimony from several entities and individuals who were recently disclosed in the case.
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May 05, 2025
Judge Rejects Media Matters' Bid To Move X's Case
A Texas federal judge has shot down a bid by watchdog Media Matters for America to transfer X Corp.'s defamation case against it to the Northern District of California, saying Media Matters has waived any contractual right to transfer venues it may have had.
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May 05, 2025
Software Co. Sues After Acquisition Of Allstate's EVB Biz
A software solutions company has sued Allstate Insurance Co. and StanCorp Financial Group Inc. for copyright infringement and breach of contract, telling a California federal court that the insurance giant distributed and reproduced its copyrighted software in violation of a master agreement.
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May 05, 2025
Jeld-Wen Tells 4th Circ. No More Need For Factory Sale
Jeld-Wen Inc. urged the Fourth Circuit to undo a landmark order forcing it to sell a manufacturing plant, saying a divestiture is no longer needed because the rival door maker that sued is no longer at risk of going out of business.
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May 05, 2025
Meta Users Refused 9th Circ. Appeal On Data Pay Cert Denial
A Ninth Circuit panel summarily refused to permit Meta Platforms Inc. users to immediately appeal a district court decision rejecting class certification for their antitrust case alleging the social media giant would have had to pay for their data if it didn't lie about privacy safeguards.
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May 05, 2025
Google Ads Advertisers Ask For Class Cert. In MDL
A group of advertisers in multidistrict litigation accusing Google of violating antitrust law through its control over key ad technology has asked a New York federal court to certify it as a class.
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May 05, 2025
FB Exec Saw Messaging Apps As Threat, But Not WhatsApp
A former top Meta executive for Facebook Messenger and Instagram provided limited backing Monday for Federal Trade Commission allegations the company bought WhatsApp and Instagram to squelch competition, telling a D.C. federal judge that while he saw messaging apps as a real threat, those worries didn't include WhatsApp.
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May 05, 2025
Trump Admin Defends Tariff Power In Toy-Makers' Challenge
President Donald Trump's administration urged a D.C. federal court to deny a request by toy companies to halt global tariffs, arguing the government is authorized to impose trade measures under the International Emergency Economic Powers Act.
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May 05, 2025
American Airlines Sues Chicago Over O'Hare Gate Space
American Airlines said in a lawsuit filed Friday in Illinois federal court that the city of Chicago breached its contract with the airline in reassigning gate space at O'Hare International Airport in a way that favors competitor United Airlines.
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May 05, 2025
Agri Stats Wants Judge Recused From DOJ Case
Agri Stats asked the Minnesota federal judge overseeing the government's case accusing the data firm of helping meat processors exchange sensitive information to recuse himself because one of his law clerks previously worked on the case for one of the state enforcers.
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May 02, 2025
Insulin Giants' Antitrust Victory On Shaky Ground At 2nd Circ.
A major legal triumph for manufacturers of wildly popular medications treating diabetes and obesity suddenly looked precarious Friday at the Second Circuit, where judges sounded open to reviving a proposed class action alleging a multibillion-dollar conspiracy in a controversial drug-discount program.
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May 02, 2025
DC Circ. To Decide If 14 Miles Of Trains Is Too Many
The D.C. Circuit is set to decide whether federal regulators used bad data to approve a $31 billion merger between Canadian Pacific and Kansas City Southern that will see 14 miles of trains running through a set of Chicagoland communities each day.
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May 02, 2025
Ill. Judge Questions Legal Theory In Multiplan Pricing MDL
An Illinois federal judge handling multidistrict litigation accusing Multiplan of conspiring with insurers to fix out-of-network reimbursement rates seemed unsure Friday that a viable antitrust theory is at play, saying the plaintiffs' alleged market dynamic seems similar to various individuals independently deciding to hire the same "really good painter."
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May 02, 2025
Dems Urge Fed To Rethink $35B Capital One-Discover Deal
Democratic Sen. Elizabeth Warren of Massachusetts and Rep. Maxine Waters, D-Calif., have formally petitioned the Federal Reserve to pause and revisit its approval of Capital One's $35 billion acquisition of Discover, saying the central bank's analysis of the transaction had glaring gaps that make its conclusion legally unsustainable.
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May 02, 2025
Mozilla Says Google Search Remedies Are Major Threat
A Mozilla executive told a D.C. federal court on Friday that preventing Google from sharing revenue from its search ads would eliminate the nonprofit browser developer's primary source of income.
Expert Analysis
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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An Update On IPR Issue Preclusion In District Court Litigation
Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Ruling Pits EU Competition Law Against Arbitral Awards
The Madrid High Court's referral order to the Court of Justice of the European Union in a recent contractual dispute case squarely confronts the question of whether national systems may lawfully immunize arbitrators from meaningful scrutiny when they fail to apply binding EU competition law, says Josep Galvez at 4-5 Gray's Inn.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.