Competition

  • July 28, 2025

    EU Says Temu Failing To Prevent Sale Of Illegal Products

    Temu has failed to properly assess the risks of illegal products being sold on its marketplace, including non-compliant baby toys and small electronics, according to preliminary findings from the European Commission published Monday.

  • July 25, 2025

    OpenAI Urges 9th Circ. To Ax Injunction In Trademark Dispute

    OpenAI has asked the Ninth Circuit to vacate an injunction temporarily blocking it from using the trademark associated with acquired competitor IO Products Inc., slamming the litigation as a "transparent attempt to exploit the recent merger announcement."

  • July 25, 2025

    Sports & Betting Cases To Watch In The Second Half Of 2025

    Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.

  • July 25, 2025

    Live Streaming Cos. Should Follow Carry-All Rules, FCC Told

    A Christian television station operator says that the Federal Communications Commission "has lost its way on its mandate to foster localism" and ought to correct course by requiring certain streaming services to carry local stations.

  • July 25, 2025

    FCC's Carr Looks To Wrap Up Next 4-Year Media Rule Review

    The Federal Communications Commission hopes to soon wrap up its latest four-year review of media ownership rules and likely loosen restrictions on broadcasters, Republican agency chief Brendan Carr says.

  • July 25, 2025

    Google Says Rival 'Indisputably' Too Late For Search Fix

    Google urged a D.C. federal judge Friday to ignore a search advertising rival's attempt to weigh in on the Justice Department's bid to force the syndication of search and search advertising results, castigating the "neither relevant nor useful" amicus brief as filed more than two months too late.

  • July 25, 2025

    Punitive Damages Denial Stands In Jack Nicklaus' Fla. Suit

    A Florida state judge has rejected legendary golfer Jack Nicklaus' motion to reconsider the denial of a punitive damages claim in a defamation suit against a company Nicklaus founded and two of its officers.

  • July 25, 2025

    Texas PE Firm Claims 'Lone Star' Rival Stole Its Name, Logos

    A private equity firm that manages the Lone Star Funds hit an upstart rival called Lone Star Capital with a trademark infringement lawsuit in Texas federal court Thursday, accusing the firm of intentionally ripping off its trademarks and logos amid its aggressive marketing blitz in an effort to dupe investors.

  • July 25, 2025

    Fla. Hospital System Fights Class Cert. In Antitrust Suit

    A Florida hospital system is pushing to avoid certification of a class alleging it locked in patients and locked out rivals on the state's Space Coast, telling a federal judge the teachers leading the antitrust suit changed their proposed class definition and can't account for highly individualized medical billing.

  • July 25, 2025

    Trump Directs NLRB And DOL To 'Clarify' Athletes' Status

    President Donald Trump has directed the U.S. Department of Labor and the National Labor Relations Board to "clarify" the status of college athletes as part of a broader push to halt changes to collegiate athletics following the courts' end to certain restrictions on compensating players.

  • July 25, 2025

    Fighters Push Sports Agency For Docs In UFC Wage Dispute

    Fighters engaged in an ongoing battle over wages with UFC are asking a Nevada federal court to force a sports talent agency to turn over documents they say will shed light on their antitrust claims and help build their case.

  • July 25, 2025

    Epic Defends Apple Antitrust Injunction After Birthright Ruling

    Epic Games has told the Ninth Circuit the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order should not affect a nationwide injunction and civil contempt order issued in its antitrust case over Apple's App Store policies, arguing Apple misread the high court's precedent.

  • July 25, 2025

    District Court Won't Pause Block Of FTC Dem's Firing

    A D.C. federal court refused to stay its order reinstating a Democratic member of the Federal Trade Commission after finding she was illegally fired by the Trump administration, although the D.C. Circuit has already put the order on hold.

  • July 25, 2025

    Big Tech's Refusal-To-Deal Defense Hits A Wall: Judges

    Apple couldn't do it. Google couldn't do it. Live Nation couldn't do it. CoStar couldn't do it at the Ninth Circuit. Companies accused of monopolization have continually tried to flip allegations of illegally locking in customers into hard-to-prove "refusal-to-deal" litigation.

  • July 25, 2025

    Judge Rejects FTC Comments In Amazon Defense

    A Washington federal judge rejected Amazon's bid to use the Federal Trade Commission's own statements against it in the agency's suit over allegedly deceptive "dark patterns" preventing consumers from unsubscribing from Amazon Prime, saying the e-commerce giant misrepresented the commission's old comments.

  • July 25, 2025

    Legal Org. Urges DC Circ. To Reject Trump's Tariff Powers

    The D.C. Circuit should affirm a ruling that sided with toy makers and blocked President Donald Trump from using an international economic law to impose emergency tariffs because the law does not give the president the authority he claims, a legal organization argued.

  • July 25, 2025

    3 Firms Advise On $8.6B Pinnacle-Synovus Merger Deal

    Pinnacle Financial Partners and Synovus Financial Corp. have agreed to combine in an all-stock transaction valued at about $8.6 billion, with three law firms guiding a deal that the companies said will create the "highest-performing regional bank focused on the fastest-growth markets in the Southeast."

  • July 24, 2025

    FCC Signs Off On Skydance's $8B Acquisition Of Paramount

    The Federal Communications Commission on Thursday gave the green light to Skydance Media's controversial $8 billion acquisition of Paramount Global and its subsidiaries, including CBS' parent company, setting aside concerns that the deal will hurt competition.

  • July 24, 2025

    Tyson's $55M Delaware Win Won't Aid Ga. Suit, Rival Says

    Poultry rendering company American Proteins Inc. told a Georgia federal judge Wednesday that a Delaware court's award of $55 million to Tyson Foods for overpaying to acquire the company has no bearing on their antitrust suit over whether Tyson forced the buyout through strong-arm tactics.

  • July 24, 2025

    NC Judge Reins In Row Over Clinical Trial Software Contract

    A 6-year-old breach of contract suit got pruned on its second trip to North Carolina's business court Wednesday, with defendant Pharmaceutical Research Associates Inc. winning partial summary judgment against former PRA employee Neil Raja and the healthcare technology company he founded, Value Health Solutions Inc.

  • July 24, 2025

    Logan Paul's Co. Can't Depose Messi In Drink TM Row

    Logan Paul's sports drink company has lost its bid to depose soccer star Lionel Messi in a trademark dispute after a New York federal judge found the deposition request to be "vexatious and improper," and pointed out that Messi attested he lacks unique knowledge about the issues in the case.

  • July 24, 2025

    Encore Series, Philadelphia Orchestra End Antitrust Spat

    Encore Series, formerly the Philly Pops, and the Philadelphia Orchestra ended their two-year-old litigation centered on allegations of anticompetitive conduct and breach of contract over live symphony concerts in the Philadelphia metropolitan area, according to a notice Thursday in federal court. 

  • July 24, 2025

    Sun Pharma Settles Consumer Price Fixing Case For $200M

    Sun Pharmaceuticals has agreed to a $200 million settlement with a class of consumers who claim that the company joined other generics makers in fixing drug prices.

  • July 24, 2025

    Groups Say Google Shirks EU Mandate To Allow App Deletion

    Advocacy groups asked European Union antitrust enforcers on Thursday to investigate Google's parent company, Alphabet, accusing the technology giant of "an open attempt to circumvent" EU law requiring designated technology "gatekeepers" to permit users to uninstall apps easily.

  • 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.

Expert Analysis

  • Opinion

    Courts Must Revitalize Robust Claim Construction

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    Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.

  • State Tort Claims May Help Deter Bribes During FCPA Pause

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    As the U.S. pauses Foreign Corrupt Practices Act enforcement, companies that lose business due to competitors' bribery should consider using state tortious interference suits to expose corruption, deter illegal practices and obtain compensation for commercial losses, says Jason Manning at Levy Firestone.

  • Google Ad Tech Ruling Creates Antitrust Uncertainty

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    A Virginia federal court’s recent decision in the Justice Department’s ad tech antitrust case against Google includes two unusual aspects in that it narrowly construed U.S. Supreme Court precedent when rejecting Google's two-sided market argument, and it found the company liable for unlawful tying, say attorneys at Ballard Spahr.

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Pace Of Early Terminations Suggests Greater M&A Scrutiny

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    The nascent return of early termination under the Hart-Scott-Rodino Act shows a more limited use than before its 2021 suspension under the Biden administration's Federal Trade Commission, suggesting deeper scrutiny of mergers and acquisitions across the board, says Michael Wise at Squire Patton.

  • And Now A Word From The Panel: A Rare MDL Petition Off-Day

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    In an unusual occurrence in the Judicial Panel on Multidistrict Litigation's history, there are zero new MDL petitions scheduled for Thursday's hearing session, but the panel will be busy considering a host of motions regarding whether to transfer cases to eight existing MDL proceedings, says Alan Rothman at Sidley.

  • Customs Fraud Enforcement In The Age Of Tariffs

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    In the wake of the Trump administration’s new approach toward tariffs, two recent Justice Department developments demonstrate aggressive customs fraud enforcement, with the DOJ emphasizing competitive harm to American businesses, and signaling that investigations will likely involve both civil and criminal enforcement tools, say attorneys at Bernstein Litowitz and London & Naor.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • The Legal Risks Of US Restrictions On Investments In China

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    The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • 4 Ways Slater Is Priming DOJ For Continued Antitrust Success

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    Just as Jonathan Kanter did during his recent tenure leading the U.S. Department of Justice's Antitrust Division, Assistant Attorney General Gail Slater is following the effective blueprint set by Thurman Arnold when he modernized the division more than 80 years ago, says Perry Apelbaum at Kressin Powers.

  • What EU 'Killer Acquisition' Study Means For Pharma Deals

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    The European Commission’s recent study of pharmaceutical companies' acquisitions of emerging competitive threats, the first of its kind globally, has important implications for the industry, and may lead to increased awareness of merger control risks in collaborative agreements, say lawyers at Paul Weiss.

  • Why Texas Should Slow Down On Healthcare Merger Bills

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    More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • Big Tech M&A Risk Under Trump May Resemble Biden Era

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    Merger review under the Trump administration may not differ substantially from merger review under the Biden administration, particularly in the Big Tech arena, in which case dealmakers and investors should shift the antitrust discount on M&A deals upward, says Jonathan Barnett at the University of Southern California Gould School of Law.

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