Competition

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • July 23, 2025

    Credit Suisse Gets Forex Cartel Fine Slashed To €28M

    The European Union's General Court reduced on Wednesday a fine imposed on Credit Suisse for its part in a foreign-exchange trading cartel by approximately €54.3 million ($64 million).

  • July 23, 2025

    Senate Confirms Roth To Lead Federal Spectrum Agency

    The U.S. Senate on Wednesday confirmed Arielle Roth as the next chief of the U.S. Department of Commerce agency that manages federal use of the airwaves.

  • July 22, 2025

    Sandoz Loses 'Nonsense' Bid To Avoid DOJ Deal In AGs' Case

    A Connecticut federal judge has given dozens of state attorneys general a small but important win in a sprawling price-fixing litigation against generic-drug makers, applying previous admissions of criminal wrongdoing and flatly rejecting "ridiculous" efforts by Sandoz, Taro Pharmaceuticals and a former Sandoz official to avoid that application.

  • July 22, 2025

    DC Circ. Puts Fired FTC Dem's Restoration On Ice, For Now

    One of the Federal Trade Commission Democrats who was removed from the agency before her term was up by the Trump administration will not be returning to her seat just yet after the D.C. Circuit agreed to put the order mandating her return to work on hold.

  • July 22, 2025

    DOJ Backs Door Maker's Divestiture Order In 4th Circ. Appeal

    The U.S. Department of Justice cleared a door maker's merger twice by the time a rival challenged the tie-up in court and won a landmark divestment order, but now the government is standing behind the company that won the order and asking the Fourth Circuit to keep it in place.

  • July 22, 2025

    Fubo Streamers Get Own Attys In Disney Suit

    DiCello Levitt and Lite DePalma have won out over Bathaee Dunne in a battle to represent FuboTV subscribers suing Disney over ESPN streaming rates, with a judge saying he had "grave doubts" that Yavar Bathaee could adequately represent the plaintiffs after Bathaee undercut their case in a status conference.

  • July 22, 2025

    Fair Use Carveout Applies To Med Device Repairs, Judge Says

    A D.C. federal judge has shot down two industry groups' challenge to a rule that placed medical device diagnostic procedures and repairs under fair use copyright exceptions, saying all of their challenges under the Administrative Procedure Act were unpersuasive.

Expert Analysis

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • State AGs' Focus On Single-Firm Conduct Is Gaining Traction

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    Despite changes in administration, both federal antitrust agencies and state attorneys general have shown a trending interest in prosecuting monopolization cases involving single-firm conduct, with federal and state legislative initiatives encouraging and assisting states’ aggressive posture, says Steve Vieux at Bartko Pavia.

  • 4 Midyear Employer Actions To Reinforce Compliance

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    The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.

  • Synopsys-Ansys Merger Augurs FTC's Return To Remedies

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    The Federal Trade Commission's recent approval of $35 billion merger between Synopsys and Ansys, subject to the divestiture of certain assets, signals a renewed preference for settlements over litigation, if the former can preserve competition and a robust structural remedy is available, say attorneys at Simpson Thacher.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity

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    Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • What Employers Can Learn From 'Your Friends & Neighbors'

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    The new drama series "Your Friends and Neighbors," follows a hedge fund firm manager who is terminated after an alleged affair with an employee in another department, and his employment struggles can teach us a few lessons about workplace policies, for cause termination and nonsolicitation clauses, says Anita Levian at Levian Law.

  • Robinson-Patman Enforcement May Fizzle Out After PepsiCo

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    After securing an early Robinson-Patman Act victory against the largest wine and spirits distributor in the U.S., the Federal Trade commission's voluntary dismissal of its own enforcement action against PepsiCo throws into doubt the future of the federal statute that prohibits price discrimination and other anticompetitive practices, say attorneys at V&E.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • 5 Ways In-House Counsel Can Stay Ahead Of New HSR Rules

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    Now that the Trump administration’s new Hart-Scott-Rodino Act rules have been in effect for several months, in-house counsel should consider several practice pointers that can help spearhead management of M&A-related antitrust risk, say attorneys at Squire Patton.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • Recent Complex Global Deals Reveal Regulatory Trends

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    An analysis of six complex global deals that were completed or abandoned in the last year suggests that, while such deals continue to face significant and lengthy scrutiny across the U.S, U.K. and European Union, the path to closing may have eased slightly compared to recent years, say attorneys at Weil.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

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