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Competition
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April 08, 2025
DiCello Levitt Brings On DOJ Antitrust Attorney In NY
DiCello Levitt LLP announced Tuesday that it has added a former trial attorney from the U.S. Department of Justice's Antitrust Division as a partner in New York to bolster its capacity to handle litigation, government enforcement and trial matters.
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April 08, 2025
No Sanctions For DC In RealPage Antitrust Case
The District of Columbia and its attorneys at Cohen Milstein have escaped a sanctions bid in the district's rental pricing case against RealPage Inc. and local landlords, as one of the building owners also had a motion to dismiss the claims against it denied.
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April 08, 2025
Berkshire Unit Looks To Transfer Commission Fee Claims
Berkshire Hathaway Energy Company is pushing a Missouri federal court to transfer a proposed class action accusing it and other companies of conspiring to artificially inflate buyer-broker commission fees, arguing the claims should be litigated in Iowa federal court instead.
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April 08, 2025
Amedisys Gets Merger Filing Claim Paused In DOJ's UHG Suit
A Maryland federal judge has hit pause on part of the Justice Department lawsuit challenging UnitedHealth's $3.3 billion acquisition of home health and hospice company Amedisys, preferring to handle the merger challenge first and only then turn to allegations that Amedisys shirked its merger filing requirements.
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April 08, 2025
Justices Halt Order To Reinstate Federal Workers
The U.S. Supreme Court on Tuesday hit pause on a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, agreeing with the Trump administration that the nonprofit groups that obtained the order lack standing to challenge the firings.
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April 08, 2025
Freight Co. XPO Sues Ex-Executive Who Left For Nearby Rival
Less-than-truckload transportation company XPO Inc. has accused a former local account executive of breaking a noncompete agreement after he left his job at its Cincinnati service center to work at a competitor only a six-minute drive away.
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April 07, 2025
NCAA's $2.8B NIL Deal Sent Back For 'Fixes' Amid Objections
A California federal judge declined Monday to immediately approve the National Collegiate Athletic Association's $2.78 billion name, image and likeness deal, giving counsel a week to propose "fixes" that address objections raised by some athletes, including ex-Seattle Seahawks linebacker Benjamin Burr-Kirven and gymnast and social media influencer Olivia Dunne.
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April 07, 2025
Bakery Oil Trial Begins With Split Over Formulas' Secrecy
Pittsburgh commercial bakery supplier Mallet & Co. told a federal jury Monday that a partner-turned-rival enticed former employees to help it start a competing business, Synova, in the field of release agents, or the oils and lubricants that keep baked goods from sticking to their pans.
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April 07, 2025
Agri Stats Pushes Back Against DOJ Doc Bid In Antitrust Case
Agri Stats Inc. has told a Minnesota federal court that a U.S. Department of Justice motion seeking documents is just an effort to delay the government's case accusing the data firm of helping chicken, pork and turkey producers share competitively sensitive information.
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April 07, 2025
Drug Buyers, Generics Cos. Fight Over Bellwether Litigation
Generic drug buyers vied Friday with the pharmaceutical companies they've accused of price-fixing over how to shape the first rounds of long-gestating Pennsylvania federal court litigation that the plaintiffs want heard in separate consecutive trials and that the drugmakers want combined.
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April 07, 2025
Kroger Says State AGs' Strategy Dooms Merger Row Fees Bid
Kroger and Albertsons have urged an Oregon federal judge not to grant legal fees to the attorneys general who challenged their now-nixed $24.6 billion merger alongside the Federal Trade Commission, arguing U.S. Supreme Court precedent clearly requires more than a temporary court block to win costs.
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April 07, 2025
Trump Reopens Security Review Of US Steel-Nippon Deal
President Donald Trump on Monday ordered a fresh national security review of Nippon Steel's proposed $14.9 billion takeover of U.S. Steel, reviving a deal blocked by his predecessor and giving the companies some of the relief they sought in court.
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April 07, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission sued to block GTCR BC's planned purchase of a medical device coatings company, the Justice Department's antitrust case against Live Nation survived a dismissal bid and a New York state court found a ski mountain deal hurt competition. Here, Law360 looks at the major merger review developments from March.
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April 07, 2025
Grocers Say Colo. AG Can't Fish For More 'No-Poach' Claims
Kroger and Albertsons have accused Colorado's attorney general of going on a "fishing expedition" as they wait for a ruling on a claim that the grocers brokered an illegal "no-poach" agreement during a 2022 grocery store strike, in a motion asking a Colorado state court to quash document requests into a February strike.
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April 07, 2025
Mass. Firm Prevails Over Ex-Attys In Stolen Client Files Saga
A Massachusetts appeals panel has found that a law firm may recoup damages from its former attorneys who are accused of smuggling out client files to start a new shop while still employed, the latest ruling in a yearslong legal battle that has played out across the state's trial, appellate and supreme courts.
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April 07, 2025
Conn. Judge Pauses 'Staggering' Hospital Data Subpoena
A Connecticut judge temporarily paused a subpoena seeking what a health nonprofit called "a staggering amount" of confidential patient data by a proposed class of Constitution State residents accusing Hartford HealthCare Corp. of monopolizing the state's healthcare industry, stating that the court must review the subpoena first.
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April 04, 2025
OpenAI And Musk Get 2026 Trial Date, Likely Sans Microsoft
A California federal judge on Friday nailed down an expedited March 2026 trial schedule for Elon Musk and OpenAI's contract fight over OpenAI's transition into a for-profit enterprise, while staying antitrust claims indefinitely and calling Microsoft's request to participate in the trial if she dismisses Musk's claims against it "not logical."
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April 04, 2025
11th Circ. Revives Aircraft Co.'s Deal Suit Against Boeing
The Eleventh Circuit on Friday revived a defunct aircraft maintenance company's trade secret case against Boeing amid a long-running contract dispute and allowed the company to pursue damages for unjust enrichment after finding it wouldn't be duplicative of the $2.1 million jury award it won at trial in 2020 for its breach of contract claims.
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April 04, 2025
Defamation Litigation Roundup: Jay-Z, Blake Lively, Drake
In this month's review of ongoing defamation fights, Law360 looks back on an escalation in Jay-Z's case against personal injury lawyer Tony Buzbee, who he accuses of pursuing a "false" and "malicious" rape suit, as well as on the war of words between actors Justin Baldoni and Blake Lively.
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April 04, 2025
Fed. Circ. Says AMS' $48M Trade Secrets Win Needs More Math
The Federal Circuit ruled Friday that a Texas federal court will need to take yet another look at the prejudgment interest calculation in a $48 million-plus judgment in a trade secrets case between chipmakers AMS and Renesas over stolen light sensor technology that has been in the courts for nearly two decades.
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April 04, 2025
Anthropic Can't Weigh In On Google Search Fix
A D.C. federal judge denied a request from Anthropic to provide input during the remedies phase of the government's search monopolization case against Google over concerns about a provision requiring notice before Google makes future investments in artificial intelligence.
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April 04, 2025
US Soccer, MLS Push Back On $500M Antitrust Retrial Bid
Major League Soccer and the U.S. soccer governing body have urged a Brooklyn federal judge to reject a defunct league's request for a new antitrust trial, arguing a jury was right to determine there was no relevant market in the suit.
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April 04, 2025
FTC Chair Seeks to Revive Insulin Case By Ending Recusal
Just days after the Federal Trade Commission's general counsel stayed its insulin price-fixing case against the country's biggest pharmacy benefits managers due to a lack of commissioners, at least one is returning to the fold.
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April 04, 2025
Off The Bench: City Sues Sportsbooks, Ex-NFLer Battles TMZ
In this week's Off The Bench, Baltimore joins the fight against promotional tactics by DraftKings and FanDuel, Terrell Owens tries to protect a catchphrase in a trademark suit, and a trial over a child's injuries at a golf facility draws closer.
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April 04, 2025
Westlaw Rival Gets Early Appeal Of 1st Fair Use AI Ruling
The Third Circuit will be the first appeals court to weigh in on a dispute over using copyrighted material to train artificial intelligence systems after a Delaware federal court on Friday granted permission to send up questions from ROSS Intelligence Inc. over the copyrightability of Thomson Reuters' Westlaw headnotes and fair use.
Expert Analysis
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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.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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5 Antitrust Issues For In-House Counsel In 2025
Attorneys at Squire Patton evaluate the top areas where U.S. antitrust policy is likely to change in the next 12 months, including major challenges to the Federal Trade Commission's authority that could reshape enforcement.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.