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Competition
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December 02, 2025
Judge Rejects Ohio State Player's Bid For NCAA Eligibility
An Ohio federal judge Tuesday denied a college basketball player's request to consider letting him play a sixth season, upholding an NCAA rule limiting competition to four seasons in a five-year span and describing the policy as reasonable.
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December 02, 2025
DOJ Tells Justices Duke Must Face 'Holistic' Antitrust Case
The Trump administration weighed in Monday on Duke Energy's bid to duck a rival's claims accusing the power giant of squeezing it out of the North Carolina market, telling the U.S. Supreme Court that the Fourth Circuit rightly revived the allegations by refusing to view them only "in isolation."
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December 02, 2025
Monthly Merger Review Snapshot
The FTC urged a D.C. court to block a deal involving a new heart valve treatment, and courts rejected the commission's monopolization case over Meta's past acquisitions and the agency's challenge of a medical device coatings deal. Here, Law360 looks at the major merger review developments from November.
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December 02, 2025
Startup's Accent Translation Trade Secrets Suit Can Proceed
A California federal judge has denied a technology company's attempt to escape a suit alleging it stole trade secrets related to an accent translation technology from an artificial intelligence startup, saying the tech company's insistence that its rival did not make enough of an effort to defend the secrets does not make for grounds to dismiss the case at this time.
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December 02, 2025
States' HPE-Juniper Intervention Limited To Settlement
A California federal court's ruling allowing state enforcers to intervene over a deal to end the Justice Department's challenge of Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks is limited to the court's review of the settlement, according to a new order.
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December 02, 2025
Homebuyers Defend NAR Antitrust Claims Against Brokerage
A group of homebuyers told a Pennsylvania federal judge that brokerage Hanna Holdings failed to show cause for escaping antitrust claims over its use of rules set by the National Association of Realtors that artificially drove up the cost of house purchases.
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December 02, 2025
Judge Combines Antitrust Suits Against Zillow, Redfin
A Virginia federal judge has consolidated two separate antitrust suits filed by the Federal Trade Commission and multiple states against property listing companies Zillow Group Inc., Zillow Inc. and Redfin Corp.
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December 01, 2025
Teams Have Had To Fold Under NASCAR Monopoly, Jury Hears
NASCAR teams are so unprofitable under the current contract system that most have shuttered in the decade since its inception, driver and team owner Denny Hamlin told a North Carolina federal jury Monday on the first day of a highly anticipated antitrust trial against the private stock car racing organization.
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December 01, 2025
Apple IPhone Buyers Push To Appeal Class Decertification
Consumers told the Ninth Circuit they need to appeal a district court ruling that decertified a class of iPhone buyers expected to reach 200 million members in an antitrust case over Apple's App Store policies because the ruling was a "death knell" for the case.
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December 01, 2025
AT&T Seeks To Block T-Mobile Price Tool From Data Scraping
AT&T Services Inc. urged a Texas federal judge Sunday to issue a temporary restraining order blocking T-Mobile US Inc. from using its "Switch Made Easy" price-comparison tool to access AT&T's password-protected software without permission, while T-Mobile countered that the emergency injunction bid is unnecessary and fundamentally mischaracterizes its technology.
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December 01, 2025
Crocs' 3D Marks Not Famous, Rival Tells Colorado Court
A footwear company has told a Colorado federal court that Crocs' shoe designs lack the necessary widespread recognition to be registered for a trademark, asking for the court to grant it a win on its arguments that Crocs' "3D" marks are invalid.
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December 01, 2025
Shipbuilders Can't Escape Revived No-Poach Claims
A Virginia federal court has refused to toss a proposed class action accusing some of the country's biggest warship makers and naval engineering consultants of participating in an illegal conspiracy to suppress wages after the Fourth Circuit revived the case earlier this year.
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December 01, 2025
What MDL Judges Can Get Done With A New Civil Rule
As the first federal procedure rule geared toward multidistrict litigation goes into effect, judges will have a new buffet of best practices to guide them, but little in the way of hand-tying mandates.
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November 26, 2025
Health Plans Defend Renewed Biogen MS Drug Scheme Suit
Health plans claiming Biogen Inc. illegally stifled competition for its multiple sclerosis drug Tecfidera have said an Illinois federal judge should let their latest complaint proceed to discovery because it fixes earlier pleading deficiencies and better outlines the drugmaker's allegedly anticompetitive scheme.
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November 26, 2025
USPTO, DOJ Tell ITC To Limit Exceptions In Netlist Case
The U.S. Patent and Trademark Office has joined the U.S. Department of Justice's Antitrust Division to urge the U.S. International Trade Commission to keep exceptions to its exclusion orders narrow, making the statement in Netlist's case accusing Google and Samsung of infringing its computer memory technology patents.
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November 26, 2025
Swimmers Defend $1.16M Fee In Antitrust Fight With Aquatics
Swimmers suing World Aquatics over alleged antitrust violations say the objection to an additional $1.16 million in attorney fees is "absurd," arguing the international governing body knows payment would come from a fund separate from the already negotiated attorney fees.
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November 26, 2025
Anti-Disinformation Nonprofit Claims FTC Retaliation In Suit
An anti-disinformation nonprofit is suing the Federal Trade Commission over a civil investigation demand it claims was sent in retribution for the group's 2022 media market review that listed conservative outlets like The Daily Wire and The Federalist among its top disinformation-risk sites.
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November 26, 2025
GTCR Drops FTC Constitutional Challenge Over Merger Case
GTCR BC Holdings LLC has agreed to dismiss its constitutional claims against the Federal Trade Commission after enforcers dropped their case challenging the private equity firm's $627 million purchase of medical device coatings company Surmodics Inc.
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November 26, 2025
Justices Delay Copyright Chief Case Until FTC Firing Decision
The U.S. Supreme Court said it will defer ruling on whether the Trump administration's firing of the U.S. Copyright Office leader was legal until the justices resolve cases involving the terminations of a Democratic Federal Trade Commission member and Federal Reserve Gov. Lisa Cook.
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November 26, 2025
RealPage Sues Over NY Rental Pricing Software Law
Property management software company RealPage sued New York's attorney general in federal court, alleging a recently passed state law to prevent building owners from using software to collude on residential rental rates is unnecessary and violates the First Amendment.
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November 25, 2025
UnitedHealth Gets OptumRx Antitrust Suit Sent To Arbitration
A group of independent pharmacies must arbitrate their proposed class claims that UnitedHealth-owned OptumRx gatekeeps its network of Medicare prescription patients by imposing unfair fees, a Washington federal judge said Tuesday, concluding the pharmacies haven't shown the arbitration clauses in question are unenforceable.
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November 25, 2025
John Deere Rival Can't Appeal Info Safeguards In FTC Case
A Deere & Co. competitor looking to shield confidential information it produced for a U.S. Federal Trade Commission right-to-repair investigation from related multidistrict litigation targeting Deere cannot tap the Seventh Circuit to resolve legal questions surrounding its failed protective order request, an Illinois federal judge said.
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November 25, 2025
Medical AI Co. Accused Of 'Smear Campaign' Against Rivals
Two rivals of medical artificial intelligence platform OpenEvidence have told a Massachusetts federal judge the startup has used the courts in a campaign of "deceit, harassment and defamation" against competitors.
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November 25, 2025
TextNow Accuses NC Rival Of Exploiting Its Trademark
Canadian text and calling service company TextNow Inc. accused a U.S. competitor of willfully infringing on its lucrative trademarks via websites, advertising and a mobile app, according to a lawsuit filed in North Carolina federal court.
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November 25, 2025
ISS Updates Policy For Climate Change, Diversity Proxy Bids
Proxy advisory firm Institutional Shareholder Services Inc. indicated Tuesday it has updated its policies for backing controversial shareholder proposals on corporate proxy ballots, opting to endorse diversity and climate change-related proposals on a case-by-case basis starting next year.
Expert Analysis
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What Novel NIL Suit Reveals About College Sports Landscape
A first-of-its-kind name, image and likeness lawsuit — recently filed in Wisconsin state court by the University of Wisconsin-Madison against the University of Miami — highlights new challenges and risks following the NCAA’s landmark agreement to allow schools to make NIL deals and share revenue with student-athletes, say attorneys at O'Melveny.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Pemex Bribery Charges Provide Glimpse Into FCPA Evolution
A recently unsealed indictment against two Mexican nationals for allegedly bribing officials at Pemex, Mexico’s state-owned oil company, reveals that Foreign Corrupt Practices Act enforcement is adapting to new priorities, but still remains active, and compliance programs should continue apace, say attorneys at Crowell & Moring.
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Assessing Potential Ad Tech Remedies Ahead Of Google Trial
The Virginia federal judge tasked with prying open Google’s digital advertising monopoly faces a smorgasbord of potential remedies, all with different implications for competition, government control and consumers' internet experience, but compromises reached in the parallel Google search monopoly litigation may point a way forward, say attorneys at MoloLamken.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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FTC Actions Highlight New Noncompete Enforcement Strategy
Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Patent Claim Lessons From Fed. Circ.'s Teva Decision
The Federal Circuit's recent decision in Janssen v. Teva is an important precedent for parties drafting patent claims or litigating obviousness where the prior art has potentially overlapping ranges for a claimed element, and may be particularly instructive to patent applicants in the pharmaceutical field, say attorneys at Cooley.