Competition

  • August 06, 2025

    Vivint Asks 4th Circ. To Rethink Affirming $190M TM Verdict

    Vivint Smart Home Inc. is looking for a do-over after the Fourth Circuit affirmed a nearly $190 million verdict in a suit accusing it of deceiving customers of a rival security company, saying the ruling flouts North Carolina's cap on punitive damages and ignores state appellate precedence.

  • August 06, 2025

    Rising Star: Skadden's Evan R. Kreiner

    Evan R. Kreiner of Skadden Arps Slate Meagher & Flom LLP played a key role in Sabre Holdings Corp.'s win against US Airways in the first antitrust case tried to a jury verdict related to a two-sided transaction platform, landing him among the competition attorneys under age 40 honored by Law360 as Rising Stars.

  • August 06, 2025

    DOJ, Google Get OK For 2-Week Ad Tech Remedies Trial

    When Google faces off against the U.S. Department of Justice at trial next month to determine what remedy the tech behemoth should provide for illegally maintaining a monopoly over advertising technology services, they'll each get five or six court days to make their case.

  • August 06, 2025

    FTC Challenges $945M Heart Valve Deal

    The Federal Trade Commission filed suit Wednesday against Edwards Lifesciences Corp. over the company's proposed $945 million purchase of JenaValve Technology Inc., arguing the deal would give Edwards control over both of the only firms with ongoing U.S. clinical trials developing an important heart valve replacement device.

  • August 06, 2025

    Feuding Flag Football Organizations Settle TM Dispute

    USA Football and USA Flag have agreed to settle a pair of cases they brought against each other alleging trademark infringement, unfair competition and false representations stemming from who should govern flag football in the U.S.

  • August 06, 2025

    CMA Clears $13B Omnicom-Interpublic Merger

    Britain's competition watchdog said Wednesday it has cleared the approximately $13 billion merger of U.S.-based marketing communications heavyweights Omnicom Group Inc. and Interpublic Group of Companies Inc., following a similar decision in the U.S. in June.

  • August 05, 2025

    Law, Medical School Orgs Face Application Fee Antitrust Suits

    The Law School Admission Council and the Association of American Medical Colleges have each been hit with a proposed class action in Pennsylvania and D.C. federal courts, respectively, by candidates who said the nonprofits conspired with their member schools to charge excessive application fees that have been fixed at the same price regardless of the school.

  • August 05, 2025

    Apple Looks To Nix Consumer Antitrust Case, Decertify Class

    Apple told a California federal court that antitrust claims from a class of more than 185 million consumers targeting its App Store policies should not go to trial because the allegations focus on legitimate product design and business decisions, not anti-competitive conduct.

  • August 05, 2025

    Fed. Circ. Presses Brita On Bid To Revive Water Filter Patent

    A Federal Circuit panel Tuesday questioned Brita LP's effort to reverse a U.S. International Trade Commission decision that a water filter patent is invalid, suggesting the patent describes little more than an unpredictable scientific formula.

  • August 05, 2025

    Ex-USPTO Heads, Judges Oppose Anti-Patent Thicket Bill

    A pro-innovation group composed of former U.S. Patent and Trademark Office officials and former Federal Circuit judges on Tuesday asked Congress to oppose a bill introduced last month that would limit so-called patent thickets used by pharmaceutical companies to restrict the production of generic counterparts to their drugs.

  • August 05, 2025

    FCC Asked To Reconsider Paramount-Skydance Deal

    The Federal Communications Commission needs to rethink its decision to greenlight Skydance Media's controversial $8 billion acquisition of Paramount Global, a third-party firm has told the agency, arguing it never addressed "substantial evidence in the record" that Paramount was talking to President Donald Trump on the sidelines.

  • August 05, 2025

    Google Ad Exchange Rival Follows DOJ With Antitrust Suit

    A Google rival entered the fray over advertising placement technology with a Virginia federal court complaint explicitly following in the wake of the Justice Department's successful lawsuit that led to Google being liable for illegally monopolizing two targeted ad tech markets.

  • August 05, 2025

    NAB Says Streamers' Success Makes 39% Cap Outdated

    The broadcast industry's top lobbying group said marketplace changes call for the Federal Communications Commission to lift the 39% cap on national TV audience share.

  • August 05, 2025

    Yacht Listing Co. Tells 11th Circ. Sellers Agree To Arbitrate

    A yacht listing service told the Eleventh Circuit that sellers agree to arbitrate any claims related to the platform when a broker lists their vessel, as it looks to force arbitration in a case accusing it of conspiring with others to inflate broker fees.

  • August 05, 2025

    Advocacy Org. Wants FTC's Full, Dropped Pepsi Complaint

    The Federal Trade Commission's price discrimination complaint against Pepsi could become public after all, despite the agency dropping the lawsuit, after a New York federal judge on Tuesday permitted an advocacy group to intervene in the case in order to seek the full, unredacted filing.

  • August 05, 2025

    Gas Breaks Can't Justify Russian Fertilizer Duties, Fed. Circ. Told

    The federal government improperly concluded that EuroChem's Russian imports to the U.S. were subject to countervailing duties because of natural gas subsidies those products benefited from, counsel representing the company told the Federal Circuit during oral arguments Tuesday.

  • August 05, 2025

    Rising Star: Clifford Chance's Danielle Morello

    Danielle Morello of Clifford Chance LLP helped Caterpillar defeat long-running antitrust claims seeking $2 billion and assisted UScellular on a $4.4 billion acquisition by T-Mobile, earning her a spot among the competition practitioners under age 40 honored by Law360 as Rising Stars.

  • August 05, 2025

    Amazon, DC AG Seek To Delay Antitrust Trial To May 2027

    The D.C. Attorney General's Office and Amazon are seeking more time to complete fact discovery in the city's antitrust suit against the online retail giant, asking for the potential trial in the case to be moved from January 2027 to May of that year.

  • August 05, 2025

    Teva Settles Claims Over Delayed Generic Asthma Inhalers

    Teva Pharmaceuticals has settled a 2023 lawsuit by a coalition of union healthcare funds accusing the company of thwarting the introduction of a generic version of its QVAR inhalers to the market, according to a filing in Massachusetts federal court.

  • August 05, 2025

    Property Co. Backs Calif. Tribe In $700M Casino Row

    A property owner has urged a D.C. federal judge in an amicus brief to grant the Scotts Valley Band of Pomo Indians' quick win bid in the tribe's suit accusing the federal government of wrongfully blocking the tribe's $700 million casino project in Vallejo, California.

  • August 05, 2025

    Pharma Startup Claims Lupin Stole Inhaler Trade Secrets

    Pharmaceutical startup Transpire Bio has accused Lupin Pharmaceuticals and its affiliates of stealing trade secrets related to the development of generic inhalers, alleging in a Florida federal complaint that a Lupin scientist briefly took a job with Transpire and returned to Lupin with confidential information.

  • August 05, 2025

    CMA Launches In-Depth Probe Of Catering Services Merger

    United Kingdom antitrust enforcers are officially launching an in-depth review of Aramark Group's acquisition of Scottish catering company Entier Ltd., saying Tuesday that Aramark declined to volunteer any remedies that would assuage competition concerns during the government's initial review phase.

  • August 04, 2025

    9th Circ. Says Rival Vegas Newspapers' Deal Was Not Legal 

    The Ninth Circuit handed a win to a Las Vegas newspaper formerly owned by the late billionaire Sheldon Adelson in antitrust litigation accusing the daily of trying to ruin its liberal rival, saying Monday that the papers' joint operating agreement should be dissolved as "unlawful and unenforceable."

  • August 04, 2025

    Sandwich Seller Owes $32K For Breaching Noncompete Pact

    A Pennsylvania federal judge on Monday found in favor of the owners of a sandwich fundraising and catering company who accused its former owner of breaching multiple noncompete and confidentiality agreements by launching a rival business and stealing recipes and customer information.

  • August 04, 2025

    Archery Trade Group Accused Of Price-Fixing In Colo. Suit

    Two archery equipment customers have told a Colorado federal court that manufacturers, retail distributors and trade associations in the archery equipment space are illegally inflating the price of goods through rigorously enforced minimum advertised pricing policies.

Expert Analysis

  • Litigation Inspiration: How To Respond After A Loss

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    Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.

  • The Metamorphosis Of The Major Questions Doctrine

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    The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.

  • A Rapidly Evolving Landscape For Noncompetes In Healthcare

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    A wave of new state laws regulating noncompete agreements in the healthcare sector, varying in scope, approach and enforceability, are shaped by several factors unique to the industry and are likely to distort the market, say attorneys at Seyfarth.

  • Biotech Collaborations Can Ease Uncertainty Amid FDA Shift

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    As concerns persist that the U.S. Food and Drug Administration's reduced headcount will impede developments at already-strapped biotech companies, licensing and partnership transactions can provide the necessary funding and pathways to advance innovative products, say attorneys at Troutman.

  • Series

    Playing Mah-Jongg Makes Me A Better Mediator

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    Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

  • Tips For Business Users After 2 Key AI Copyright Decisions

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    Because two recent artificial intelligence copyright decisions from the Northern District of California — Bartz v. Anthropic and Kadrey v. Meta — came out mostly in favor of the developers using the plaintiffs' works to train large language models, business users should proceed with care, says Chris Wlach at Acxiom.

  • FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda

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    While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.

  • Series

    Law School's Missed Lessons: Navigating Client Trauma

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    Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

  • Yacht Broker Case Highlights Industry Groups' Antitrust Risk

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    The Eleventh Circuit recently revived class claims against the International Yacht Brokers Association, signaling that commission-driven industries beyond real estate are vulnerable to antitrust challenges after the National Association of Realtors settled similar allegations last year, says Miles Santiago at the Southern University Law Center and Alex Hebert at Southern Compass.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • Takeaways From EU's Review Of Merger Control Guidelines

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    The European Commission’s newly launched consultation on the European Union’s merger guidelines will explore whether and how merger control should consider key policy objectives, such as innovation, investment incentives and security, say lawyers at Latham.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • Capital One Deal Approval Lights Up Path For Bank M&A

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    The federal banking regulators' recent approval of Capital One's acquisition of Discover signals the agencies' willingness to approve large transactions and a more favorable environment generally for bank mergers under the Trump administration, say attorneys at Arnold & Porter.

  • New FCPA Guidance Creates 5 Compliance Imperatives

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    In light of new Foreign Corrupt Practices Act guidelines that mark a fundamental shift in enforcement priorities, companies should consider several specific steps to ensure compliance, from enhanced due diligence to robust whistleblower protections, says Andrew Wirmani at Reese Marketos.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

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