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Competition
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August 29, 2025
DOJ Targets BigLaw, Big Tech For Antitrust 'Gamesmanship'
The U.S. Department of Justice's top antitrust official singled out technology platforms and the BigLaw attorneys who represent them for "gamesmanship" by hiding key information from merger and conduct investigators, and announced a special task force "to tackle abuses that arise in our investigations."
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August 29, 2025
Calif. AG Puts Conditions On $24B Walgreens Deal
California enforcers have reached a settlement that puts several conditions on Sycamore Partners' recently completed $24 billion deal for Walgreens Boots Alliance Inc., including measures intended to protect competition, patients and workers in the state.
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August 29, 2025
NC Tex-Mex Chain Says Ex-Employee Defected With Recipes
The owner of a string of Tex-Mex restaurants has accused a former employee in North Carolina Business Court of taking the chain's proprietary recipes, menus, drinks and decor several states away to use at another restaurant in Missouri.
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August 29, 2025
NeoGenomics Scores Win In Natera DNA Test Patent Suit
A North Carolina federal judge put an end to genetic testing company Natera Inc.'s lawsuit accusing NeoGenomics Laboratories Inc. of patent infringement over DNA cancer test technology, finding the patent claims at issue are invalid.
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August 29, 2025
Taxation With Representation: White & Case, Paul Weiss
In this week's Taxation With Representation, private equity firm Sycamore Partners completes its $24 billion acquisition of Walgreens Boots Alliance Inc., telecommunications company EchoStar sells wireless spectrum licenses to AT&T and Keurig Dr Pepper acquires JDE Peet's in a deal that aims to create a "global coffee champion."
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August 29, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Prosecco DOC Consortium bring an intellectual property claim against a distributor, the Serious Fraud Office bring a civil recovery claim against the ex-wife of a solicitor jailed over a £19.5 million fraud scheme, and law firm Joseph Hage Aaronson & Bremen LLP sue its former client, the bankrupt Indian tycoon Vijay Mallya. Here, Law360 looks at these and other new claims in the U.K.
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August 29, 2025
Tesco Sues Broadcom For £100M Over Software Licensing
Tesco is suing Broadcom Inc. for more than £100 million ($135 million), alleging the tech giant has abused its market dominance after a $69 billion merger with cloud services provider VMware threatened to force price increases for critical software of almost 250%.
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August 28, 2025
FTC Warns Google Over Alleged Partisan Gmail Spam Filters
The Federal Trade Commission Thursday warned Google that it could face an investigation and potential enforcement action if Gmail blocks emails sent from Republican senders, citing recent reporting that Google flagged GOP fundraising emails as spam.
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August 28, 2025
'Animosity' In NASCAR Suit Raises Red Flag For NC Judge
A North Carolina federal judge on Thursday cautioned out-of-state counsel in the NASCAR antitrust litigation to familiarize themselves with how a Charlotte jury thinks after they traded backhanded barbs in front of a packed courtroom, saying trial tactics that might pass in other states won't work in the Queen City.
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August 28, 2025
DOJ Right On Anti-Vax Group's AP Boycott Claims, Court Told
The anti-vaccine group founded by U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. on Wednesday latched onto the arguments raised by the Justice Department backing its lawsuit alleging The Associated Press, the Washington Post, Reuters and the BBC colluded with social media platforms to censor rivals.
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August 28, 2025
Barings Denied Ex-Employee Emails In Corporate Raid Case
Investment giant Barings LLC can't force five former employees to hand over their personal emails and text messages in a corporate-raiding suit because their current employer doesn't have them, nor does it have a right to them, a North Carolina Business Court judge ruled.
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August 28, 2025
World Aquatics Hit With Antitrust Claims From Pro-PED Rival
The organizer of sporting events that allow athletes to use performance-enhancing substances is accusing World Aquatics and others of trying to block competition by banning swimmers, coaches and supporting staff who participate in or even endorse the events.
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August 28, 2025
Truist, Ex-Execs Clash In Bids To End Poaching Dispute
Charlotte, North Carolina-based Truist Financial Corp. and its mortgage banking arm resisted a bid for a pretrial win by its former executives' new employer, arguing that troves of evidence sustain its claims that over 50 employees were illegally poached, costing the bank tens of millions of dollars in losses.
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August 28, 2025
FTC Unpauses Administrative Case Over Insulin Prices
The Federal Trade Commission has restarted its in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, now that two commissioners are able to consider the claims.
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August 28, 2025
EPA Backs Truck-Makers' Bid To Block Calif. Emissions Regs
The U.S. Environmental Protection Agency on Wednesday joined truck-makers in asking a California federal court to immediately block implementation of the state's emissions standards for heavy-duty trucks.
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August 28, 2025
Mylan Must Face Generic Drug Price-Fixing Claims In MDL
A Pennsylvania federal judge shot down most of Mylan's request for an early win in multidistrict litigation claiming price-fixing of the generic antidepressant clomipramine, finding sufficient evidence for the company to have to face direct buyers' claims at trial, but trimming claims that it inflated the drug's price at CVS.
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August 28, 2025
Arkansas Court Dismisses Cherokee Casino License Claims
An Arkansas judge Thursday dismissed a challenge by Cherokee Nation entities over a gaming license in the state, saying the voter amendment that revoked it did not impair any of their contractual obligations and precedent forecloses on any damage claims.
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August 28, 2025
J&J Unit Can't Shake $442M Loss In Catheter Antitrust Suit
A California federal judge has refused to upend the $442 million trial loss of Johnson & Johnson's Biosense Webster health tech unit to Innovative Health, finding the jury was presented with sufficient evidence to fault Biosense for conditioning product support for its cardiac mapping systems on the purchase of cardiac catheters.
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August 28, 2025
Trump Fires Democratic Member Of Rail Regulator
President Donald Trump on Thursday fired a Democratic member of the Surface Transportation Board who has opposed further consolidation in the rail industry, ousting Robert Primus just as the board prepares to consider the proposed megamerger between Union Pacific and Norfolk Southern.
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August 28, 2025
Judge Denies La. Athlete's Bid To Halt NCAA Eligibility Rules
A federal judge on Thursday declined to pause the NCAA's eligibility rules for a Southeastern Louisiana University athlete hoping to compete another year in track and field, ruling he has not shown he would suffer irreparable harm or that he was likely to succeed on his antitrust claims.
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August 28, 2025
SC Ends Sandoz, Novartis Price-Fixing Claims For $2.4M
A Connecticut federal judge on Thursday approved South Carolina's request to dismiss its generic drug price-fixing claims from three multistate lawsuits against Sandoz Inc., Sandoz AG, Novartis AG and Fougera Pharmaceuticals Inc., four months after the parties filed a notice of settlement.
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August 28, 2025
NFL, Teams Defend Stay In Licensed Merch Monopoly Case
The NFL, its 32 teams and Fanatics have asked a New York federal court to maintain a stay on a lawsuit that accuses them of colluding to monopolize online sales of league-licensed merchandise, arguing the outcome of a similar lawsuit is relevant to its litigation.
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August 27, 2025
Attys Say Fee Concerns Do Not Bar Student Aid-Fixing Class
Three law firms representing students in a case accusing elite universities of fixing offers of student aid told an Illinois federal court that concerns about attorney fees are unfounded and should not serve as a basis for denying a pending class certification motion.
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August 27, 2025
Waste Management Gets Initial OK For $30M Settlement
Waste Management Inc. and its note purchasers have received a New York federal court's initial approval of their $30 million deal ending the purchasers' claims that the company concealed information regarding the U.S. Department of Justice's approval timeline of its acquisition of Advanced Disposal Services.
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August 27, 2025
10 Questions For New FCC Commissioner Olivia Trusty
It's been a hectic summer for Olivia Trusty, who joined the Federal Communications Commission as its newest Republican in June. She met with Law360 on Tuesday in her first sit-down interview since taking office.
Expert Analysis
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New Law May Reshape Fla. Employer Noncompete Strategy
With Florida's CHOICE Act taking effect this week, employers should consider the pros and cons of drafting new restrictive covenant agreements with longer noncompete or garden leave periods and enhanced enforcement mechanisms, say attorneys at Vedder Price.
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Navigating Antitrust Risks When Responding To Tariffs
Companies should assess competitive perils, implement compliance safeguards and document independent decision-making as they consider their responses to recent tariff pressures, say attorneys at White & Case.
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Employer Best Practices For Navigating Worker Separations
As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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NCAA Settlement Kicks Off New Era For Student-Athlete NIL
A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.