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Competition
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November 03, 2025
Paymentus Faces Trial Over Fintech Atty's Age Bias Claims
A former in-house attorney for billing company Paymentus Corp. can bring her retaliation, age discrimination and wrongful discharge claims to trial after a North Carolina federal judge on Monday granted only partial summary judgment in the company's favor.
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November 03, 2025
CMA Rejects Fix For Getty-Shutterstock Deal, Deepens Probe
The U.K.'s competition enforcer rejected a package of fixes on Monday aimed at curing competition concerns raised by Getty Images' planned $3.7 billion merger with Shutterstock and launched an in-depth review of the visual content deal.
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November 03, 2025
Investors Seek Class Cert. In Antitrust Suit Over Securities IDs
Investment management firms urged a New York federal judge to certify their proposed class action against S&P Global and others over the use of identification numbers for financial instruments, arguing Monday there's common evidence showing the defendants maintained monopoly power through licensing terms.
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November 03, 2025
College Apparel Co. Denied New Trial In Penn State TM Suit
A Washington sportswear company can't get a new trial over its alleged infringement of Pennsylvania State University's trademarks on its print-on-demand merchandise, after the company was permanently barred from using the university's name or logos by a federal judge.
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November 03, 2025
Calif. Can't Enforce 'Clean Trucks' Pact, Judge Says
California cannot enforce a 2023 agreement that would have subjected heavy-duty truck manufacturers to stringent state emissions standards and stiff penalties for noncompliance, after a federal judge signaled that federal law likely preempts the Golden State's standards.
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November 03, 2025
'Exercise More Restraint,' Judge Tells OpenAI Co-Founder
A California federal judge had little patience for an OpenAI co-founder trying to limit his forced participation in Elon Musk's lawsuit challenging the ChatGPT maker's transition to a for-profit structure, admonishing the former executive for contesting a magistrate judge's order with motions filed while federal courts work unpaid.
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November 03, 2025
Chancery Considers Reviewing Icahn's Illumina Settlement
A Delaware Chancery Court hearing on resolving class and derivative claims over Illumina fiduciary data breaches connected to the company's $8 billion acquisition of Grail Inc. was sidelined Monday by questions over a private settlement.
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November 03, 2025
Firetruck-Makers Use Trade Group To Fix Prices, Suit Says
A putative federal antitrust class action against major firetruck manufacturers and an industry trade association has been filed in federal court by an upstate New York volunteer-staffed fire station, claiming the companies control up to 80% of the market and are fixing firetruck prices at artificially high levels.
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November 03, 2025
Pfizer Hits Novo Nordisk In Fed. Court Over $9B Metsera Deal
Pfizer Inc. moved its merger battle with Novo Nordisk into Delaware federal court Monday, accusing the Danish drugmaker of orchestrating an unfair deal to put a "stranglehold" on the fast-growing American GLP-1 weight-loss drug market.
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November 03, 2025
Disney Blames Lack Of 'Good Faith' In YouTube Blackout
Disney has sought to put the blame at YouTube's feet over the blackout of Disney programs on YouTube TV that stemmed from a breakdown of carriage talks, as the cable industry called for congressional reforms to stop future blackouts from happening.
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November 03, 2025
Compass Says Zillow Ban Update Proves Its Point
Real estate brokerage Compass Inc. told a New York federal court Friday that an update on Zillow's website regarding its implementation of an allegedly anticompetitive policy only provides further support for its request to block the policy, days ahead of a preliminary injunction hearing.
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November 03, 2025
DOJ Probes Nexstar's $6.2B Deal For Tegna
The U.S. Department of Justice has requested additional information about Nexstar's planned $6.2 billion purchase of rival broadcast company Tegna, extending a waiting period that gives enforcers time to review the merger's impact on competition.
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November 03, 2025
Landlords Fight States' Objection To RealPage Settlements
A group of landlords urged a Tennessee federal court to reject arguments lodged by several attorneys general who criticized $141.8 million worth of proposed antitrust settlements that aim to resolve multidistrict litigation accusing the landlords of using property management software company RealPage Inc.'s technology for rent price fixing.
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November 03, 2025
Catching Up With Delaware's Chancery Court
From billion-dollar pharma feuds to shifting equity deadlines, Delaware's courts saw another week of battles over mergers, fiduciary duty and judicial limits.
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October 31, 2025
Pfizer Sues Metsera, Novo Nordisk Over $9B Buyout 'Bribe'
Pfizer Inc. filed suit Friday in Delaware Chancery Court to stop Metsera from terminating their multibillion-dollar merger agreement, saying in a complaint filed the same day it secured early antitrust clearance that Novo Nordisk's bid to step in with a $9 billion buyout proposal is nothing but an "old-fashioned bribe."
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October 31, 2025
Drugmakers Can't End States' Dermatology Price-Fixing Suits
A Connecticut federal judge on Friday refused to throw out the vast majority of claims in a nationwide antitrust enforcement action accusing a long list of pharmaceutical companies of fixing the prices of generic dermatology drugs, rejecting the companies' argument that the claims were filed too late.
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October 31, 2025
Amgen Again Challenges Colo. Price Cap For Arthritis Drug
Amgen has once again sued Colorado over its price cap for the arthritis drug Enbrel, claiming that the Centennial State's drug price-control statute violates the U.S. Constitution, conflicts with federal patent law and threatens patients' access to lifesaving medications.
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October 31, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
In this installment of Wheeling & Appealing, November's appellate calendar features a Trump lawsuit against Hillary Clinton, New York City housing disputes, drug pricing battles, immigrant rights cases, and challenges to so-called patent troll laws.
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October 31, 2025
Monthly Merger Review Snapshot
The Justice Department battled with state attorneys general trying to peek behind its controversial settlement clearing Hewlett Packard Enterprise's Juniper purchase, United Kingdom officials deepened their probe into Getty's proposed acquisition of Shutterstock and Pfizer cried foul when Novo Nordisk tried to swoop in over its Metsera purchase.
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October 31, 2025
UK Energy Customers Suffer Setback In Power Cables Case
Millions of U.K. electricity customers suing power cable manufacturers over an alleged price-fixing cartel suffered a setback when a tribunal ruled that losses suffered by offshore wind farms were not passed on to electricity bill payers through a government subsidy scheme.
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October 31, 2025
OpenAI Opposes 'Cookie-Cutter' Google Search Fixes
OpenAI waded into the Justice Department's case against Google's search monopoly Friday to urge the D.C. federal judge to apply flexibility to mandates requiring Google to syndicate its search results to would-be rivals, arguing that permitting Google's more rigid "ten blue links" proposal would stifle "innovative uses."
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October 31, 2025
PVC Pipe Makers Say Price 'Conspiracy' Is 'Basic Economics'
Polyvinyl chloride pipe manufacturers facing antitrust claims over 2020 price increases have told an Illinois federal judge the purchaser plaintiffs have failed to plausibly show there was a per se price-fixing conspiracy, so their suit should be dismissed.
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October 31, 2025
Federal Action Sought To Boost Low Earth Orbit Satellites
Federal officials need to update rules governing low Earth orbit satellites to allow the space-based communications industry to keep expanding at a time of rising congestion, according to a pair of think tanks.
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October 31, 2025
CREXi Can't Get CoStar's Copyright Claims Put On Hold
A California federal court refused a bid from Commercial Real Estate Exchange Inc. to pause CoStar Group Inc.'s "mass" infringement claims so they can be tried alongside CREXi's recently revived antitrust counterclaims.
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October 31, 2025
Alphabet Investors Seek Class Cert. In Google Probe Suit
Alphabet Inc. investors have asked a California federal judge to grant class certification in a suit against the Google parent company and its CEO, Sundar Pichai, over an allegedly false statement made to Congress in 2020 about the fairness of ad auctions, arguing it is a "textbook example of a case warranting class action treatment."
Expert Analysis
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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.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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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.