Competition

  • 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.

  • July 22, 2025

    Power Cos., PJM Back FERC Auction Rerun Decision

    Power producers and PJM Interconnection LLC told the D.C. Circuit Monday the Federal Energy Regulatory Commission was right to let PJM rerun an electricity capacity auction with an inflated reliability requirement after the Third Circuit ruled changes to it were retroactive ratemaking.

  • July 22, 2025

    Jordan's Team Says NASCAR Is Trying To 'Rewrite History'

    Michael Jordan's NASCAR team 23XI Racing accused the private stock car racing organization of filing a bad faith countersuit in the parties' antitrust battle, using it to extract a valuable aspect of a joint charter agreement.

  • July 22, 2025

    Antitrust Fight Over Puerto Rico Baseball Partially Revived

    The First Circuit has affirmed the dismissal of federal antitrust claims from the former owner of a Puerto Rico-based baseball team over a league's efforts to remove him, citing the longstanding U.S. Supreme Court exemption for the sport, but revived claims under local antitrust law.

  • July 22, 2025

    Amazon Pushes Back On FTC's Trial Time Extension Bid

    Amazon has urged a Washington federal court to reject the Federal Trade Commission's bid to extend the agency's trial time in a lawsuit over automatically recurring Prime subscriptions, calling the proposal both unfair and baseless.

  • July 22, 2025

    Quantum Wants FTC To Lift Order On $5.2B Natural Gas Deal

    The Federal Trade Commission is asking for public feedback on a Quantum Energy Partners petition aiming to set aside a consent order the agency entered over a $5.2 billion deal that EQT Corp. struck with Quantum for oil and gas assets in Appalachia.

  • July 22, 2025

    IP Notebook: Cox Piracy Appeal, Ugliest House, Keyword Feud

    The U.S. Supreme Court's decision to review Cox Communications Inc.'s appeal regarding the liability of internet service providers for their customers' music piracy has prompted defendants to request stays in separate intellectual property litigation until the question is resolved, but plaintiffs say that's no reason for delays.

  • July 22, 2025

    Ex-Mich. Players Say Ohio Ruling Can't Sink $50M NIL Suit

    Former University of Michigan football players have told the court the NCAA and the Big Ten Conference cannot use a similar case in Ohio to escape the players' antitrust suit accusing the defendants of monopolizing profits and depriving athletes of their fair share.

  • July 22, 2025

    4th Circ. Affirms $190M Trademark Verdict Against Vivint

    Smart home software company Vivint on Tuesday lost its appeal seeking to overturn a nearly $190 million verdict in which a North Carolina jury found it liable for deceiving customers of a rival local security company, with the Fourth Circuit finding there was enough evidence to support the award.

  • July 22, 2025

    OpenAI Scores TM Win Against Open Artificial Intelligence Co.

    A California federal judge has granted OpenAI Inc. a win in a trademark infringement case it brought against a company with a similar name, finding the other company had made misrepresentations to the U.S. Patent and Trademark Office.

  • July 22, 2025

    Transportation Cases To Watch: Midyear Report 2025

    Litigation concerning whether local delivery drivers qualify as transportation workers exempt from arbitration and clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers are among the court battles that transportation attorneys are watching in the latter half of 2025.

  • July 22, 2025

    EU Deepens Look Into Universal Music $775M Downtown Deal

    European Union antitrust enforcers kicked off an in-depth probe Tuesday into Universal Music Group's bid to buy Downtown Music Holdings, raising concerns that the $775 million transaction could give UMG access to the "commercially sensitive data of its rival record labels" held by Downtown.

  • July 22, 2025

    Bristol Airport Takes Legal Action Over £205M Cardiff Subsidy

    Bristol Airport is launching a legal challenge at the Competition Appeal Tribunal after the Welsh government granted a £205 million ($276 million) public funding package to Cardiff Airport, according to a claim form published Tuesday.

  • July 22, 2025

    Antitrust Watchdog Escalates Probe Into Food Sector Merger

    Britain's antitrust authority said Tuesday that it is escalating its probe into the acquisition by global catering giant Aramark Group of Scottish rival Entier Ltd. over concerns that the deal could harm competition in U.K. markets.

  • July 21, 2025

    Trump Asks DC Circ. To Block FTC Dem's Reinstatement

    The Trump administration on Monday asked the D.C. Circuit to pause a Thursday order restoring a fired Federal Trade Commission Democrat's job, arguing that the ruling defies recent U.S. Supreme Court orders staying similar reinstatements at other independent agencies.

  • July 21, 2025

    J&J Unit's Catheter Rival Nears Injunction After $442M Win

    A California federal judge indicated Monday he will issue a permanent injunction banning Johnson & Johnson's Biosense Webster from conditioning the provision of cardiac mapping services on purchases of cardiac catheters following Innovative Health's $442 million win on its antitrust claims, although he expressed doubt about some aspects of Innovative's request.

  • July 21, 2025

    Novartis Can't Block Generic Entresto Amid TM Feud Appeal

    The Third Circuit said no way to Novartis AG's attempt to block a competitor from selling a generic version of a heart failure drug while the pair duke it out in federal court over Novartis' allegations that an Indian drugmaker is infringing its trademarks.

  • July 21, 2025

    The Biggest Telecom Developments Of 2025: Midyear Report

    It's been a headline-grabbing year in communications law so far, with the U.S. Supreme Court handing down a major win for federal programs that help pay for broadband deployment and a new Republican chief at the nation's telecom agency ushering in a rule-slashing agenda.

  • July 21, 2025

    Not Enough Similarities To Apply DOJ Ad Tech Win: Google

    Google urged a New York federal judge not to let website publishers, advertisers and others lock the company into the Justice Department's win in a separate Virginia federal court monopolization lawsuit over its advertising placement technology business, arguing the cases have key differences in facts and circuit standards.

  • July 21, 2025

    Concertgoers Narrow Live Nation Antitrust Claims

    Consumers accusing Live Nation of monopolizing the live entertainment industry are dropping their allegations about high prices in the resale ticketing market to focus on prices for the initial sale of tickets in the primary market.

  • July 21, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Court of Chancery, a major settlement between Meta Platforms Inc. and its investors reached on the proverbial courthouse steps during day two of a trial ended an $8 billion-plus suit accusing the company's directors and officers of breaching privacy regulations and corporate fiduciary duties tied to allegations dating to the Cambridge Analytica scandal more than a decade ago.

  • July 21, 2025

    Aetna's Price-Fixing Suit 'Like Forum Shopping,' Judge Says

    Aetna Inc.'s lawsuit alleging 23 pharmaceutical companies fixed prices for generic drugs seems like an attempt to work around a pause in similar Pennsylvania litigation, a Connecticut state judge said Monday, appearing sympathetic to the defendants' argument for dismissal or a stay.

  • July 21, 2025

    NCAA Says Ohio NIL Case Ruling Ends NC Spat

    The end of a name, image and likeness suit several states away further substantiates that antitrust claims against the National Collegiate Athletic Association were filed too late, according to a filing in North Carolina Business Court.

  • July 21, 2025

    Amazon's Aldi Subpoena Curbed In COVID Price-Gouging Suit

    A Washington federal judge has ordered Aldi to hand over certain pricing information tied to Amazon's defense in a proposed class action over alleged pandemic-era price-gouging, while ruling that the budget grocery chain and other Amazon competitors won't have to disclose "highly confidential data regarding costs and margins."

Expert Analysis

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.

  • Calif. Antitrust Bill Could Alter Enforcement Landscape

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    If enacted, a recently proposed California bill that would strengthen the state’s antitrust law could signal a notable shift in the U.S. enforcement environment, but questions remain about the types of cases the state could pursue, whether other states will follow suit and more, say attorneys at DLA Piper.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • How 2025 Is Shaping The Future Of Bank Mergers So Far

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    Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • China High Court Ruling Could Encourage Antitrust Litigation

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    Practitioners defending U.S. companies in China should take note of a Chinese Supreme Court ruling that plaintiffs can file suits based on either where the alleged action, or where the result of such action, occurred — which will promote civil litigation by minimizing procedural battles over forum selection, says Yang Yang at Leaqual Law Firm.

  • The Revival Of Badie Arbitration Suits In Consumer Finance

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    Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • Navigating The Growing Thicket Of 'Right To Repair' Laws

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    An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Preparing For Disruptions To Life Sciences Supply Chains

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    Life sciences companies must assess how new and escalating tariffs — combined with other restrictions on cross-border activity singling out pharmaceutical products and medical devices — will affect supply chains, and they should proactively prepare for antitrust and foreign direct investment regulatory review processes, say attorneys at Weil.

  • A Close-Up Look At DOJ's Challenge To HPE-Juniper Deal

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    The outcome of the Justice Department's challenge to Hewlett Packard Enterprise's proposed $14 billion acquisition of Juniper Networks will likely hinge on several key issues, including market dynamics and shares, internal documents, and questions about innovation and customer harm, say attorneys at McDermott.

  • Why NY May Want To Reconsider Its LLC Transparency Law

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    Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.

  • IRS Scrutiny May Underlie Move Away From NIL Collectives

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    The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.

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