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Competition
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July 24, 2025
FTC May Join Intuitive Surgical Antitrust Appeal
The Federal Trade Commission has asked the Ninth Circuit for extra time to decide if it will weigh in on a $140 million antitrust appeal involving Intuitive Surgical's da Vinci robot.
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July 24, 2025
Union Pacific, Norfolk Pursuing Coast-To-Coast Rail Megadeal
Norfolk Southern Corp. and Union Pacific Corp. on Thursday confirmed they are in "advanced discussions" on a potential megamerger that would create a transcontinental rail giant — and one that may stand a better chance of success under a more flexible regulatory regime.
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July 24, 2025
New FCC Auction Criticized For Lack Of Tribal Window
The Federal Communications Commission pushed ahead with a new auction of the airwaves Thursday, but its rejection of a tribal "priority" window led to criticism from one FCC member.
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July 24, 2025
Pandora Should Beat Comedians' IP Suit, Special Master Says
A special master has recommended that a California federal judge hand Pandora Media a summary-judgment win in high-stakes copyright infringement litigation by a group of comedians who allege the streaming service lacked licenses for the underlying jokes in their comedy routines, finding that the comedians waited too long to sue.
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July 24, 2025
Novo Nordisk Resolves Ozempic TM Suit Against Drugmaker
Novo Nordisk has settled claims of trademark infringement and unfair trade practices against Connecticut drugmaker LIVation LLC over the latter's comparisons of its compounded drugs to the Danish pharmaceutical company's Ozempic medication.
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July 24, 2025
Swimmers Cut Deal In Antitrust Case Against Governing Body
Professional swimmers have reached a settlement ending their claims accusing the sport's international governing body of organizing a group boycott against an upstart league, while the league's antitrust claims against the governing body remain set for a January trial.
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July 24, 2025
Kraft Must Face Claims It Stole Overseas Distributor Database
The Kraft Heinz Co. cannot escape a lawsuit accusing it of stealing confidential information from a business that helps U.S.-based consumer goods brands expand their markets internationally by identifying foreign distributors, an Atlanta federal judge has ruled.
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July 24, 2025
EU Probes If KKR Gave 'Incorrect Or Misleading' Merger Info
European Union antitrust enforcers announced an investigation Thursday into whether KKR & Co. Inc. provided "incorrect or misleading information" as part of the review of its $23.7 billion acquisition of NetCo that received unconditional approval last year.
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July 24, 2025
Columbia Sportswear Says University Breached Name Deal
Columbia Sportswear Co. has sued Columbia University in Oregon federal court, claiming the university breached a trademark deal over their shared name by making apparel that only said "Columbia" with no other university insignia.
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July 24, 2025
Naval Engineers In No-Poach Suit Hint At New Named Plaintiff
A proposed class of naval engineers suing the nation's major military shipbuilders and contractors over an alleged no-poach wage-fixing scheme may have a new named plaintiff to bring to the case.
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July 24, 2025
Amazon To Face £4B Dual Class Actions In UK
The U.K.'s competition court gave the green light on Thursday to two class actions against Amazon, totaling £4 billion ($5.4 billion), alleging that the e-commerce giant abused its dominant market position to the detriment of retailers and consumers.
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July 23, 2025
FTC Wants PE Firm's Medical Device Coating Deal Put On Ice
Private equity firm GTCR BC Holdings' $627 million merger with Surmodics will bring the previously fierce competition for medical device coatings to a grinding halt, the FTC says, which is all the more reason a federal court should block the deal while an agency challenge plays out.
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July 23, 2025
9th Circ. Clarifies Bored Ape NFTs Are Trademarkable Goods
The Ninth Circuit issued a significant ruling for digital asset creators Wednesday finding that Yuga Labs' Bored Ape Yacht Club nonfungible tokens are protectable "goods" under federal law, while also reversing Yuga Labs' $8 million summary judgment win and ruling that a jury must decide whether rival NFTs confuse consumers.
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July 23, 2025
Anthropic Judge Says Authors Can Seek OpenAI Docs In NY
A California federal judge on Wednesday told a certified class of authors claiming Anthropic stole their work to train its AI technology that they have his blessing to ask a New York court overseeing copyright litigation against OpenAI and Microsoft to produce documents and deposition testimony related to the California case.
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July 23, 2025
9th Circ. Revives Barrett Business Services' Secrets Case
The Ninth Circuit has reinstated Barrett Business Services Inc.'s claims of trade secret theft against two former employees, their wives and a competing company they started.
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July 23, 2025
Eye-Control Wheelchair Tech Targeted In Wash. Co.'s IP Suit
A Washington-based firm that makes devices for individuals with disabilities has launched a lawsuit in federal court claiming a German company exploited its patented technology that allows users to control powered wheelchairs by looking at a screen.
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July 23, 2025
8th Circ. Tosses FCC Dems' Local Media Ownership Rule
The Eighth Circuit on Wednesday threw out local media ownership rules passed a year and a half ago by Democrats on a split Federal Communications Commission vote.
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July 23, 2025
False Ad Ruling Expanded Patent Law, Crocs Tells Justices
Shoemaker Crocs Inc. has asked the U.S. Supreme Court to look at a Federal Circuit decision reviving false advertising claims that its shoes were made with "patented, proprietary, and exclusive" materials that weren't actually patented, arguing that the ruling would allow an "end run" around Congress' limitations on false marking suits.
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July 23, 2025
Amazon Shoppers Protest Proposed 'Mini-Trial' On Class Cert.
Consumers are fighting Amazon's bid for an evidentiary hearing in parallel antitrust suits before a Washington federal judge decides a pending class certification motion, insisting the company has had plenty of time to vet key opinions from the plaintiffs' economics expert.
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July 23, 2025
UK Eyes Google, Apple Mandates For App Ranking, Payments
United Kingdom antitrust authorities on Wednesday formally proposed singling out Apple's and Google's mobile platforms for extra regulatory attention and specific mandates, proposing road maps for the Play Store and App Store that could try to stop the companies from boosting their own apps and commission-based payment systems.
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July 23, 2025
Fed. Circ. Deems 'Kist' And 'Sunkist' Marks Confusingly Alike
The Federal Circuit on Wednesday reversed a trademark tribunal's conclusion that "Kist" and "Sunkist" soft drink marks were not confusingly similar, saying the board was wrong to distinguish the goods by focusing on images of red lips and the sun in marketing materials for the products.
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July 23, 2025
7th Circ. Revives Part Of Solar Firm's Panama Grid Suit
The Seventh Circuit on Tuesday largely upheld an Illinois federal judge's ruling that Spanish energy company Avanzalia Solar could not pursue its claims that Goldwind Americas blocked and delayed access to the Panamanian power grid.
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July 23, 2025
American Arbitration Assoc. Looks To Duck Monopoly Claims
The American Arbitration Association urged an Arizona federal court Tuesday to toss a case accusing it of monopolizing the market for consumer arbitration services, saying the proposed class action hasn't come close to pleading predatory pricing.
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July 23, 2025
Apple Tells 9th Circ. Birthright Ruling Scraps Epic's Injunction
Apple Inc. told the Ninth Circuit on Tuesday that the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order means that a nationwide injunction and civil contempt order in Epic Games Inc.'s antitrust case over Apple's App Store policies cannot stand.
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July 23, 2025
Paramount, Skydance Defend Merger Plan At FCC
Paramount Global and Skydance Media continued to lobby the Federal Communications Commission for approval of their proposed $8 billion merger last week, telling the agency not to side with commenters calling for additional regulation as a condition.
Expert Analysis
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FTC Focus: Synthetic Data Yields Antitrust Considerations
Attorneys at Proskauer explore the burgeoning world of synthetic data, the antitrust implications involved, the Federal Trade Commission's role in regulating this space and practical takeaways from these emerging issues.
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Opinion
Slater Heralds Return To US Antitrust Norms, Innovation
Under recently confirmed Assistant Attorney General Gail Slater, the Antitrust Division of the U.S. Department of Justice can fulfill President Donald Trump's objective to reestablish American economic dominance on the global stage while remaining faithful to antitrust's core principles, says Ediberto Roman at the Florida International University College of Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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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.