Competition

  • July 24, 2025

    Union Pacific, Norfolk Pursuing Coast-To-Coast Rail Megadeal

    Norfolk Southern Corp. and Union Pacific Corp. on Thursday confirmed they are in "advanced discussions" on a potential megamerger that would create a transcontinental rail giant — and one that may stand a better chance of success under a more flexible regulatory regime. 

  • July 24, 2025

    New FCC Auction Criticized For Lack Of Tribal Window

    The Federal Communications Commission pushed ahead with a new auction of the airwaves Thursday, but its rejection of a tribal "priority" window led to criticism from one FCC member.

  • July 24, 2025

    Pandora Should Beat Comedians' IP Suit, Special Master Says

    A special master has recommended that a California federal judge hand Pandora Media a summary-judgment win in high-stakes copyright infringement litigation by a group of comedians who allege the streaming service lacked licenses for the underlying jokes in their comedy routines, finding that the comedians waited too long to sue.

  • July 24, 2025

    Novo Nordisk Resolves Ozempic TM Suit Against Drugmaker

    Novo Nordisk has settled claims of trademark infringement and unfair trade practices against Connecticut drugmaker LIVation LLC over the latter's comparisons of its compounded drugs to the Danish pharmaceutical company's Ozempic medication.

  • July 24, 2025

    Swimmers Cut Deal In Antitrust Case Against Governing Body

    Professional swimmers have reached a settlement ending their claims accusing the sport's international governing body of organizing a group boycott against an upstart league, while the league's antitrust claims against the governing body remain set for a January trial.

  • July 24, 2025

    Kraft Must Face Claims It Stole Overseas Distributor Database

    The Kraft Heinz Co. cannot escape a lawsuit accusing it of stealing confidential information from a business that helps U.S.-based consumer goods brands expand their markets internationally by identifying foreign distributors, an Atlanta federal judge has ruled.

  • July 24, 2025

    EU Probes If KKR Gave 'Incorrect Or Misleading' Merger Info

    European Union antitrust enforcers announced an investigation Thursday into whether KKR & Co. Inc. provided "incorrect or misleading information" as part of the review of its $23.7 billion acquisition of NetCo that received unconditional approval last year.

  • July 24, 2025

    Columbia Sportswear Says University Breached Name Deal

    Columbia Sportswear Co. has sued Columbia University in Oregon federal court, claiming the university breached a trademark deal over their shared name by making apparel that only said "Columbia" with no other university insignia.

  • July 24, 2025

    Naval Engineers In No-Poach Suit Hint At New Named Plaintiff

    A proposed class of naval engineers suing the nation's major military shipbuilders and contractors over an alleged no-poach wage-fixing scheme may have a new named plaintiff to bring to the case.

  • July 24, 2025

    Amazon To Face £4B Dual Class Actions In UK

    The U.K.'s competition court gave the green light on Thursday to two class actions against Amazon, totaling £4 billion ($5.4 billion), alleging that the e-commerce giant abused its dominant market position to the detriment of retailers and consumers.

  • July 23, 2025

    FTC Wants PE Firm's Medical Device Coating Deal Put On Ice

    Private equity firm GTCR BC Holdings' $627 million merger with Surmodics will bring the previously fierce competition for medical device coatings to a grinding halt, the FTC says, which is all the more reason a federal court should block the deal while an agency challenge plays out.

  • July 23, 2025

    9th Circ. Clarifies Bored Ape NFTs Are Trademarkable Goods

    The Ninth Circuit issued a significant ruling for digital asset creators Wednesday finding that Yuga Labs' Bored Ape Yacht Club nonfungible tokens are protectable "goods" under federal law, while also reversing Yuga Labs' $8 million summary judgment win and ruling that a jury must decide whether rival NFTs confuse consumers.

  • July 23, 2025

    Anthropic Judge Says Authors Can Seek OpenAI Docs In NY

    A California federal judge on Wednesday told a certified class of authors claiming Anthropic stole their work to train its AI technology that they have his blessing to ask a New York court overseeing copyright litigation against OpenAI and Microsoft to produce documents and deposition testimony related to the California case.

  • July 23, 2025

    9th Circ. Revives Barrett Business Services' Secrets Case

    The Ninth Circuit has reinstated Barrett Business Services Inc.'s claims of trade secret theft against two former employees, their wives and a competing company they started.

  • July 23, 2025

    Eye-Control Wheelchair Tech Targeted In Wash. Co.'s IP Suit

    A Washington-based firm that makes devices for individuals with disabilities has launched a lawsuit in federal court claiming a German company exploited its patented technology that allows users to control powered wheelchairs by looking at a screen.

  • July 23, 2025

    8th Circ. Tosses FCC Dems' Local Media Ownership Rule

    The Eighth Circuit on Wednesday threw out local media ownership rules passed a year and a half ago by Democrats on a split Federal Communications Commission vote.

  • July 23, 2025

    False Ad Ruling Expanded Patent Law, Crocs Tells Justices

    Shoemaker Crocs Inc. has asked the U.S. Supreme Court to look at a Federal Circuit decision reviving false advertising claims that its shoes were made with "patented, proprietary, and exclusive" materials that weren't actually patented, arguing that the ruling would allow an "end run" around Congress' limitations on false marking suits.

  • July 23, 2025

    Amazon Shoppers Protest Proposed 'Mini-Trial' On Class Cert.

    Consumers are fighting Amazon's bid for an evidentiary hearing in parallel antitrust suits before a Washington federal judge decides a pending class certification motion, insisting the company has had plenty of time to vet key opinions from the plaintiffs' economics expert.

  • July 23, 2025

    UK Eyes Google, Apple Mandates For App Ranking, Payments

    United Kingdom antitrust authorities on Wednesday formally proposed singling out Apple's and Google's mobile platforms for extra regulatory attention and specific mandates, proposing road maps for the Play Store and App Store that could try to stop the companies from boosting their own apps and commission-based payment systems.

  • July 23, 2025

    Fed. Circ. Deems 'Kist' And 'Sunkist' Marks Confusingly Alike

    The Federal Circuit on Wednesday reversed a trademark tribunal's conclusion that "Kist" and "Sunkist" soft drink marks were not confusingly similar, saying the board was wrong to distinguish the goods by focusing on images of red lips and the sun in marketing materials for the products.

  • July 23, 2025

    7th Circ. Revives Part Of Solar Firm's Panama Grid Suit

    The Seventh Circuit on Tuesday largely upheld an Illinois federal judge's ruling that Spanish energy company Avanzalia Solar could not pursue its claims that Goldwind Americas blocked and delayed access to the Panamanian power grid.

  • July 23, 2025

    American Arbitration Assoc. Looks To Duck Monopoly Claims

    The American Arbitration Association urged an Arizona federal court Tuesday to toss a case accusing it of monopolizing the market for consumer arbitration services, saying the proposed class action hasn't come close to pleading predatory pricing.

  • July 23, 2025

    Apple Tells 9th Circ. Birthright Ruling Scraps Epic's Injunction

    Apple Inc. told the Ninth Circuit on Tuesday that the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order means that a nationwide injunction and civil contempt order in Epic Games Inc.'s antitrust case over Apple's App Store policies cannot stand.

  • July 23, 2025

    Paramount, Skydance Defend Merger Plan At FCC

    Paramount Global and Skydance Media continued to lobby the Federal Communications Commission for approval of their proposed $8 billion merger last week, telling the agency not to side with commenters calling for additional regulation as a condition.

  • July 23, 2025

    Credit Suisse Gets Forex Cartel Fine Slashed To €28M

    The European Union's General Court reduced on Wednesday a fine imposed on Credit Suisse for its part in a foreign-exchange trading cartel by approximately €54.3 million ($64 million).

Expert Analysis

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • 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.

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