Competition

  • September 11, 2025

    Burford Urges Del. Court Not To Reconsider Arbitration Ruling

    A Burford Capital affiliate is urging a Delaware federal court not to reconsider a decision ordering German entity Financialright Claims GmbH to arbitrate a dispute over an allegedly fraudulent arbitration pact, saying the court already carefully considered its arguments.

  • September 11, 2025

    Connecticut AG Enters Fray Over WNBA's Sun Franchise

    Connecticut Attorney General William Tong on Thursday joined state and federal elected officials in turning up the heat on the WNBA over the on-again, off-again sale of the Connecticut Sun franchise, asking for league documents and information about purchase offers and for a meeting with Commissioner Cathy Engelbert and other league executives.

  • September 11, 2025

    Berkshire Co. Says Insurers Owe $22M For Antitrust Judgment

    A Berkshire Hathaway-owned construction supplier said its insurers must pay for a $22.2 million judgment against it in a competitor's antitrust suit, telling a Colorado federal court that policies issued by Liberty Mutual, Swiss Re and Allianz units cover claims based on the publication of disparaging material.

  • September 11, 2025

    IYO Loses Sanctions Bid In OpenAI Trademark Case

    Technology firm IYO Inc. was denied a request to sanction OpenAI by a California federal judge who said IYO had not convincingly backed up its claim that OpenAI reposted materials touting products under the "IO" brand in violation of a court order.

  • September 11, 2025

    JAMS Adds Retired US District Judge In Florida

    Alternative dispute resolution services provider JAMS has picked up a retired U.S. district judge for the Southern District of Florida who was most recently a partner with Boies Schiller Flexner LLP for its panel.

  • September 10, 2025

    Fed. Circ. Won't Revisit Double-Patenting, Soda TM Appeals

    The Federal Circuit on Wednesday declined to revisit its decisions in a trio of intellectual property cases, including one where it upheld an Acadia Pharmaceuticals Parkinson's disease drug patent and addressed double-patenting, and another deeming "Kist" and "Sunkist" soft drink marks confusingly similar.

  • September 10, 2025

    NCAA Bans Hoopsters For Betting, Rigging Performances

    The NCAA has permanently banned three California college basketball players for their "coordinated effort" to bet on their own games, each other's games and their own performances, with at least one athlete manipulating his on-court performance to secure gambling wins.

  • September 10, 2025

    Consumers Defend Challenge To Nippon-US Steel Merger

    Consumers urged a California federal judge Wednesday not to dismiss their challenge to Nippon Steel's now-closed purchase of U.S. Steel Corp., arguing they've fixed an earlier lawsuit's shortcomings.

  • September 10, 2025

    FTC Warns Healthcare Employers About Noncompetes

    The Federal Trade Commission has sent letters warning healthcare employers and staffing companies not to include overly broad noncompete restrictions in their employment contracts and urged them to conduct a review to ensure they comply with the law.

  • September 10, 2025

    CORRECTED: Fla. Court Affirms $131M Judgment For Trinidad And Tobago

    A Florida appeals court Wednesday affirmed a $131 million judgment against a trio of businessmen a jury found conspired to defraud the Republic of Trinidad and Tobago out of more than $32 million in a bid-rigging scheme that involved the government awarding hyperinflated airport construction contracts.

  • September 10, 2025

    HomeServices, Douglas Elliman Fight Renewed Fee Claims

    HomeServices of America and Douglas Elliman have urged a Florida federal court to toss a case from homebuyers targeting real estate commission rules, arguing that the latest version of the complaint adds 100 pages of allegations but still fails to fix the problems, the court found.

  • September 10, 2025

    OpenAI Can't Keep For-Profit Shift Docs From Musk

    A California federal magistrate judge has said that OpenAI must produce key planning documents in Elon Musk's lawsuit challenging its attempted shift into a for-profit business, rejecting arguments that the information is protected because it could influence future takeover bids by the billionaire or future investments by Microsoft.

  • September 10, 2025

    Sidelined Athlete Says NCAA Ignores Injunction-Denial Harm

    A University of Wisconsin football player on Wednesday pushed back against the NCAA's attempt to thwart his second bid for an injunction that would allow him to play another year, arguing the organization failed to address the harm he would suffer if he remains sidelined.

  • September 10, 2025

    NTIA Poised To Release First Spectrum Under New Budget Act

    The Trump administration said Wednesday it will make a chunk of spectrum used for weather monitoring available for commercial use, the first such transfer of the airwaves since Congress passed this summer's sweeping budget package.

  • September 10, 2025

    Waste Co. Loses Bid To Inspect Search Warrant Details

    A waste management company has failed to gain access to material used to obtain a search warrant for a probe by the U.K.'s competition regulator after a London tribunal ruled that the public interest in regulators being able to effectively investigate outweighed the company's interests.

  • September 10, 2025

    Tribunal Warns Fee Disputes Could Undermine CPO Regime

    The chair of a U.K. competition tribunal raised concerns Wednesday about the effect "another" fee dispute between funders and lawyers could have on the collective actions regime during a hearing on unclaimed damages from a claim over train fares.

  • September 10, 2025

    Microsoft Defends Software Resale Tactics Amid £270M Claim

    Microsoft urged a tribunal on Wednesday to reject a software reseller's claim that the technology giant owes £270 million ($365 million) for restricting the rights of software companies to resell software they have licensed from Microsoft.

  • September 09, 2025

    2nd Circ. Won't Nix Vimeo IP Loss But Clears Path For Appeal

    The Second Circuit Tuesday mostly rejected Capitol Records' bid to revisit its loss to Vimeo over lip-dub videos set to copyrighted songs, removing a footnote that could've blocked an appeal to the U.S. Supreme Court, but leaving intact their finding that the record labels waived a key liability theory.

  • September 09, 2025

    DC Circ. Talks 'Hypos' On Maritime Refusal To Deal Challenge

    The D.C. Circuit is set to decide whether a rule that the Federal Maritime Commission passed to deal with COVID-19 supply line shortages allows the agency to engage in illegal rate-setting after spending part of its morning hammering the parties with hypotheticals.

  • September 09, 2025

    CVS Says Takeda Tried To Block Heartburn Drug Competition

    Drugmaker Takeda Pharmaceutical Co. Ltd. and other entities engaged in a "horizontal conspiracy and agreement" to restrain competition in the U.S. market for the acid reflux drug Dexilant and its generic equivalents, CVS Pharmacy Inc. alleged in a complaint filed in California federal court Tuesday.

  • September 09, 2025

    Nursing Exec Says $10.5M Fraud Penalty Excessive

    A nurse staffing executive convicted of wage-fixing told a Nevada federal court the U.S. Department of Justice's request for a $10.5 million forfeiture order for allegedly failing to disclose the antitrust investigation when selling his business is excessive.

  • September 09, 2025

    Fed. Circ. Revives Realtek's Fee Bid In Semiconductor IP Feud

    The Federal Circuit on Tuesday faulted U.S. District Judge Alan Albright for denying Realtek Semiconductor Corp.'s request for fees following the dismissal of a patent infringement suit against it, saying the semiconductor company is the prevailing party even if the accusing company willingly abandoned the case.

  • September 09, 2025

    Compass Hires Ex-Cooley, Ex-DOJ Antitrust Atty As CLO

    Compass Inc. hired a former Cooley LLP antitrust partner and a former U.S. Department of Justice antitrust attorney as its new chief legal officer, the residential real estate brokerage announced Tuesday.

  • September 09, 2025

    Particle's Antitrust Battle With Epic: 3 Things To Know

    Epic Systems Corp. must face allegations it violated federal law by attempting to monopolize a segment of the electronic health records market to the exclusion of competitor Particle Health Inc. Here's what you need to know about the case.

  • September 09, 2025

    UFCW Fund Accuses NYC Hospital Giant Of Juicing Prices

    A United Food and Commercial Workers health fund has filed a proposed class action against New York-Presbyterian Hospital, accusing one of New York City's biggest hospital networks of abusing its market power to strong-arm insurers into accepting deals that entrench its high prices.

Expert Analysis

  • How Calif. Algorithmic Pricing Bills Could Affect Consumers

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    California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • 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.

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