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Competition
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October 24, 2025
UK Class Action Regime Comes Of Age With Apple Ruling
After a string of setbacks, a victory for millions of Apple customers in a collective action over App Store fees is a strong signal that the U.K. class action regime can deliver for customers, lawyers say.
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October 24, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the Financial Conduct Authority launch legal action against a Chinese cryptocurrency exchange, The Londoner magazine face a defamation claim from an entrepreneur accused of "scamming" Knightsbridge landlords, and Gucci sued by its cosmetics supplier as L'Oréal announces plans to buy the Italian fashion house's beauty brand. Here, Law360 looks at these and other new claims in the U.K.
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October 23, 2025
Top Calif. Judge Warns Attys On AI, Eyes Antitrust Changes
Speaking at an antitrust law conference Thursday, California Supreme Court Chief Justice Patricia Guerrero warned Golden State lawyers to use artificial intelligence "cautiously and not cut any corners," and talked about "important work" by the California Law Revision Commission that could result in the state's antitrust law being "untethered" from federal law.
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October 23, 2025
Judge Stays Discovery In Berkshire Subsidiary Antitrust Case
A federal judge on Thursday opted to stay the majority of discovery in a proposed antitrust class action against a Berkshire Hathaway-owned maker of calcium silicate insulation, or calsil, finding the cost of discovery in the case would be too "voluminous" to sort through with a pending motion for dismissal.
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October 23, 2025
NC Judge Dubious Of NASCAR's 'Cartel' Counterclaims
A North Carolina federal judge appeared skeptical Thursday of letting NASCAR bring to trial its antitrust counterclaims against a pair of stock car racing teams, one owned by retired NBA legend Michael Jordan, questioning how the teams could have colluded to force more favorable contract terms when there seems to be evidence NASCAR was able to negotiate with them individually.
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October 23, 2025
Split DC Circ. Won't Lift Block On FTC's Media Matters Probe
A divided D.C. Circuit panel refused Thursday to let the Federal Trade Commission subpoena Media Matters for America while the agency appeals an order blocking that probe, crediting district courts' findings of "seemingly unusual and unprecedented" facts suggesting the investigation is retaliation for reporting about Nazi content on X.
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October 23, 2025
Triumph Tries Again To Dump Pork Price-Fixing Claims
Triumph Foods urged a Minnesota federal court to reconsider throwing out claims against it concerning alleged price-fixing in the pork industry, saying it shouldn't be held responsible for the alleged actions of hog farmers and the company that sells the pork it processes.
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October 23, 2025
Columbia University Wants Out Of Sportswear Trademark Suit
Columbia University has asked an Oregon federal judge to toss a trademark infringement lawsuit brought by Columbia Sportswear, saying it had been using the name for about 200 years prior to the sportswear company putting it on a shirt.
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October 23, 2025
Avadel, Jazz Settle Sleep Disorder Drug Claims
Avadel Pharmaceuticals has announced it reached a global settlement with Irish rival Jazz Pharmaceuticals to dismiss their lawsuits against each other that alleged patent and antitrust violations related to sleep disorder drug Lumryz.
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October 23, 2025
Yelp's Tying Claim Against Google Can Move Ahead
A California federal court has refused to trim Yelp's claim that Google ties its general search results to its local search listings in a case accusing Google of monopolizing the local search market, after finding the latest version of the claim fixed the problems previously identified.
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October 23, 2025
Shipbuilders' Discovery Demands Go Too Far, Engineer Says
One of the naval engineers suing the nation's largest military shipbuilders over an alleged no-poach agreement said she's already identified 20 witnesses and produced more than 3,000 pages of documents in discovery, but the companies are still asking for attorney work product in their latest demands.
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October 23, 2025
Teva, Cephalon Can't Upend €60M Fine In Pay-For-Delay Case
Europe's top court on Thursday upheld a fine of €60.5 million ($70.1 million) imposed on Teva and its now-subsidiary Cephalon, ruling that the pay-for-delay settlement they signed restricted competition by keeping a cheaper generic version of a blockbuster narcolepsy treatment off the market.
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October 23, 2025
Apple Loses UK Class Action Over App Store Charges
The Competition Appeal Tribunal ruled on Thursday that Apple abused its dominant position by charging developers excessive and unfair commissions for purchases made via its app store, the first major win for consumers taking part in the U.K.'s class action regime.
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October 23, 2025
CMA Probes £723M Unite-Empiric Student Housing Merger
The Competition and Markets Authority said on Thursday that it has launched an investigation into student accommodation developer Unite's proposed acquisition of rival Empiric Student Property.
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October 22, 2025
3rd Circ. Says Burford Can't Arbitrate German Discovery Fight
The Third Circuit affirmed on Wednesday that a petition filed under a foreign discovery statute targeting Burford Capital in a dispute relating to German antitrust litigation can't be sent to arbitration, saying the funder cited the wrong section of the Federal Arbitration Act.
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October 22, 2025
'Forthright' Yardi Source Code Production Beats Rent Suit
Yardi thinks it's found the right formula for beating antitrust litigation targeting algorithms allegedly used to fix prices for rental housing, hotel rooms and more, winning a California state court ruling the software company's attorneys say is the first to nix claims by looking at the source code itself.
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October 22, 2025
Apple, Google Found To Hold 'Strategic Market Status' In UK
Britain's competition enforcer confirmed Wednesday that Apple Inc. and Google LLC's mobile platforms have strategic market status, paving the way for new rules meant to safeguard competition and protect consumers and businesses from harmful practices.
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October 22, 2025
Energy Secretary Urges EU To Rethink Sustainability Rules
U.S. Department of Energy Secretary Chris Wright on Wednesday urged European leaders to scrap, or at least revise, proposed European Union corporate sustainability rules, claiming they will hamper exports of liquefied natural gas to the continent.
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October 22, 2025
NCAA, Tennis Players Can't Reach Deal In Prize-Money Suit
A court-ordered federal mediator has reported an impasse between the NCAA and college tennis players challenging the rules barring them from competing in and earning prize money in professional events without forfeiting their college eligibility.
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October 22, 2025
Presidential Firing Limits Fight Builds At High Court
The ousted U.S. Merit Systems Protection Board chair has encouraged the U.S. Supreme Court to include a caveat for "legislative courts" if it overturns precedent that empowers Congress to limit the president's authority to fire certain agency officials, but opponents of independent agencies want a clean break from the status quo.
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October 22, 2025
Privilege 'Dramatization' Won't Shield 7K Docs In Ads MDL
An Illinois federal judge took Meredith, Nexstar, Sinclair and other broadcasters to task Monday for trying to withhold 6,893 documents in multidistrict litigation alleging a television advertising price-fixing scheme, finding it "necessary to level set with defendants" on their own failings to justify withholding the material from ad buyers.
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October 22, 2025
NC Biz Court Bulletin: COVID Coverage, A Suspect Signature
The North Carolina Business Court has rounded the corner into fall with insurance disputes over COVID-19 coverage at a chain of outlet malls and the theft of over $900,000 in legal THC reportedly stolen from a warehouse in the Southwest.
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October 22, 2025
X Defends Antitrust Case Over Apple's Deal With OpenAI
Elon Musk's social media platform X and its artificial intelligence arm defended their antitrust case targeting a deal that integrated ChatGPT into iPhones, telling a Texas federal court that Apple and OpenAI are trying to preserve their respective monopolies.
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October 22, 2025
Broadcast Distributors Decry Blackout Of Nexstar Stations
Nexstar Media Group is coming under fire for using a looming blackout as "deal leverage" in negotiations with Verizon that will decide how much the TV station titan will receive in exchange for letting Verizon retransmit Nexstar's channels.
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October 22, 2025
Mass. Cannabis Lab's Suit Against Rivals Trimmed
A Massachusetts state judge will allow a cannabis testing lab to pursue unfair competition claims against more than half a dozen competitors it accuses of fudging potency and purity test results to lure growers to their businesses, but not claims of unjust enrichment or tortious interference.
Expert Analysis
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Apple Ruling Provides Clarity For UK Litigation Funders
The Court of Appeal's recent Gutmann v. Apple decision that litigation funders can take a fee before class action members are paid helps relieve the concerns of insufficient funding returns that followed news of a broad sector review and a key high court ruling, says Matthew Lo at Exton Advisors.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Fines Against Apple, Meta Set Digital Markets Act Precedent
The European Commission's recent fines against Apple and Meta, the first under the Digital Markets Act, send a clear message that the act's reach and influence on regulatory thinking is global, say lawyers at Waterfront Law.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Closer Look At Amendments To Virginia Noncompete Ban
Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.
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What Bank Regulator Consolidation Would Mean For Industry
Speculation over the Trump administration’s potential plans to consolidate financial service regulators is intensifying uncertainty, but no matter the outcome for the Consumer Financial Protection Bureau, Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency, the industry should expect continued policy changes, say attorneys at Foley & Lardner.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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FDIC Rules Rollback Foretells More Pro-Industry Changes
The Federal Deposit Insurance Corp.’s March withdrawal of Biden-era proposals to tighten brokered deposit rules and impose new corporate governance standards shows that acting chair Travis Hill’s commitment to reviewing regulations that may restrict growth and innovation for financial institution and fintech companies is unlikely to flag soon, say attorneys at Cooley.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.