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Competition
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June 02, 2025
PacificCorp Fights Wash.'s Carbon Limit Program At 9th Circ.
PacificCorp urged the Ninth Circuit on Monday to revive claims alleging Washington's carbon emissions cap-and-invest program unconstitutionally discriminates against out-of-state customers by imposing emissions allowances for power exported out of state, while Washington argued that the lawsuit seeks to create a "loophole" that would result in a "free pass" on emissions.
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June 02, 2025
Fed. Circ. Asks Whether Trade Secrets Were Secret Enough
The Federal Circuit set out Monday to determine whether an Ohio federal judge was right or wrong to throw out a $64 million jury verdict finding that Goodyear Tire & Rubber Co. stole an inventor's ideas for self-inflating tires because the trade secrets were too vague to have gone to a jury.
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June 02, 2025
DOJ Urged To Sue States Over Broadband Rate Caps
Broadband industry groups want the U.S. Department of Justice to bring suit against California and other states pursuing new caps on internet service rates for low-income households, pointing to myriad harms they say the state laws would inflict on consumers.
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June 02, 2025
Amazon Gets A Look At Some Of FTC's Antitrust Suit Theory
A Washington federal judge said Monday the Federal Trade Commission must hand over some information about the underlying legal theories in its landmark antitrust case against Amazon but mostly agreed with the agency that the company's discovery requests were "premature."
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June 02, 2025
Landlord To Quit Pricing Software To Escape Antitrust Suit
William C. Smith & Co. will be stepping out of litigation accusing the company of using property management platform RealPage to conspire with other landlords and fix the price of rentals in the D.C. area, after agreeing to reform its business practices and shell out over $1 million.
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June 02, 2025
White House Asks DC Circ. To Halt Tariff Injunction
The White House on Monday asked the D.C. Circuit to hit pause on a lower court ruling that found President Donald Trump's tariffs unlawful, arguing the "legally indefensible preliminary injunction" would impede sensitive trade negotiations if left unchecked.
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June 02, 2025
Tech Giants Want 6 GHz Shielded From Spectrum Auctions
As Congress looks to direct the government to sell wide stretches of the airwaves for exclusive commercial use, companies such as Meta, as well as advocacy groups, want lawmakers to continue leaving the upper 6 gigahertz spectrum band alone rather than auctioned to mobile carriers.
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June 02, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission finally dropped its long-pending challenge of Microsoft's purchase of video game developer Activision Blizzard, as enforcers pushed monopolization cases seeking to break up Google, Meta and Live Nation, while also pursuing several traditional merger cases. Here, Law360 looks at the major merger review developments from May.
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June 02, 2025
SAP Seeks High Court Review Of Revived Tying Claims
German software giant SAP on Monday asked the U.S. Supreme Court to look at a Ninth Circuit decision that resuscitated tying claims brought by U.S. rival Teradata, saying the issue of antitrust liability badly needs the court's attention in matters relating to modern, technologically integrated products.
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June 02, 2025
Nursing Exec Says DOJ Misapplied Justices' Fraud Ruling
A Nevada nursing home executive convicted of wage-fixing and wire fraud has told a Nevada federal judge that a recent U.S. Supreme Court ruling in a fraud case doesn't preclude his motion for a new trial, contrary to what the U.S. Department of Justice has argued.
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June 02, 2025
DOJ Deal OKs $1.5B Keysight-Spirent Network Testing Merger
The U.S. Department of Justice cut its first merger clearance deal of the Trump administration, and nearly its first settlement since a Biden-era hardline stance against most agreements, with a consent decree Monday allowing Keysight Technologies Inc. to proceed with its planned $1.5 billion acquisition of Spirent Communications PLC.
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June 02, 2025
Justices' Rail Order Irrelevant To Merger Row, DC Circ. Told
Chicago suburbs challenging federal approval of Canadian Pacific's merger with Kansas City Southern urged the D.C. Circuit on Monday to pay no heed to the U.S. Supreme Court decision restricting government environmental reviews, arguing their own case challenges "other" deficiencies in addition to a failed consideration of broader climate impacts.
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June 02, 2025
Judge Denies UTC Bid To Block Liquidia's Lung Drug
A North Carolina federal judge has refused to temporarily block Liquidia Technologies Inc. from selling its own version of United Therapeutics Corp.'s blockbuster lung disease treatment Tyvaso.
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June 02, 2025
Justices Want Gov't View On Duke Energy Monopoly Suit
The U.S. Supreme Court asked the Solicitor General on Monday to provide the government's view on a ruling that revived antitrust claims accusing Duke Energy of squeezing a rival out of the power market in North Carolina.
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June 02, 2025
Womble Bond Atty Asks 4th Circ. To Undo Contempt Order
A series of federal court errors led to a Womble Bond Dickinson partner being wrongly held in contempt over a $28 million trademark dispute between a Dutch technology company and its former U.S. partner, the lawyer told the Fourth Circuit in a brief Friday, urging the appeals panel to reverse the order.
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June 02, 2025
Class Action Seeks Compensation For High School Athletes
The yearslong battle for college athletes to earn compensation for their labor and likeness rights has trickled down to the high school ranks, with a new proposed class action targeting a slew of monetary restrictions imposed by California's high school sports governing body.
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June 02, 2025
Defamation Litigation Roundup: Cheetos, NASCAR, OpenAI
In this month's review of ongoing defamation fights, Law360 looks back on developments in a man's case against Frito-Lay Inc. over what he called the company's defamatory statements disputing his role in the invention of a flavor of Cheetos.
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June 02, 2025
EU Hits Two Delivery Firms With €330M Fine For Market Cartel
The European Commission said Monday that it had slapped two food delivery companies with a total of €329 million ($375.8 million) in fines for operating a cartel for four years in a settlement.
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May 30, 2025
'Not Sure It Fits': Google Judge Challenges DOJ AI Boost Idea
Generative artificial intelligence may be the future of online search, but a D.C. federal judge cast doubt Friday on the Justice Department's bid to force Google to share and syndicate its search results with companies like OpenAI as he mulls what remedies to impose against Google's search monopoly.
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May 30, 2025
ITC Ends Ericsson, Motorola Patent Fight After Settlement
The U.S. International Trade Commission has agreed to drop an investigation into allegations that Motorola infringed patents owned by Swedish telecom giant Ericsson with its mobile phones after the companies settled their dispute.
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May 30, 2025
Broadband Rate Regs Hurt Competition, Report Says
Capping broadband rates for low-income families is a bad idea, according to a new study backed by cable trade group ACA Connects, which found that such caps negatively impacts competition.
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May 30, 2025
$5.2M Generic Drug Price-Fixing MDL Deal Gets Final OK
Apotex Corp. will be paying $5.2 million to settle claims from a class of indirect purchasers alleging the drugmaker was working with other pharmaceutical companies to hike up the price of certain generic medications.
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May 30, 2025
'Humongous' Apple Must Face Boosted 186M Antitrust Class
A California federal judge on Friday granted App Store users' request to amend their class definition in a yearslong antitrust fight against Apple, rejecting Apple's argument that the changes unfairly add millions of new members and noting that the 185.9 million-member class stems from the fact Apple is "humongous."
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May 30, 2025
Meta Looks To Nix FTC's Lead Econ Expert After Antitrust Trial
Meta Platforms asked a D.C. federal judge Friday to strike testimony the Federal Trade Commission's lead economics expert gave during a bench trial in the antitrust case over Meta's purchase of Instagram and WhatsApp, saying the "biased witness" — a New York University School of Law professor — "advocated" for the case.
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May 30, 2025
Feds, AGs Scoff At Landlords' Bid To Toss Antitrust Case
Landlords embroiled in an antitrust suit misconstrued the law and agreements at the heart of the case, the federal government and state enforcers said on Thursday as they urged a North Carolina federal court to reject the landlords' bid to dismiss.
Expert Analysis
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Takeaways From DOJ, FTC End To Collaboration Guidelines
The Federal Trade Commission's and U.S. Department of Justice's recent decision to withdraw the guidelines for collaborations among competitors may reflect a desire for clearer parameters by emphasizing case law on specific ventures, but it also carries the potential to chill some future collaboration, say attorneys at Patterson Belknap.
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What To Expect In Higher Ed Enforcement Under Trump
Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.
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Series
NY Banking Brief: All The Notable Legal Updates In Q4
In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
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FTC Picks Augur Pro-Business Bent For Much Of Economy
President-elect Donald Trump's choice of two top Federal Trade Commission officials suggests a business-friendly climate for a significant portion of the U.S. economy, with noteworthy exceptions of continued scrutiny of healthcare and Big Tech companies, excluding artificial intelligence, say attorneys at BCLP.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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What 2024's Noncompete Turmoil Means For Banks In 2025
A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
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Searching For Insight On Requested Google Chrome Remedy
The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
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Opinion
3 New Year's Resolutions For Antitrust Agencies To Consider
James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.
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FTC Focus: A Changing Of The Guard
While rigorous antitrust enforcement is unlikely to slow down at the Federal Trade Commission, the focus will undoubtedly change, including when it comes to Big Tech, as Andrew Ferguson prepares to take the reins from Chair Lina Khan, say attorneys at Proskauer.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.