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Competition
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July 10, 2025
Punitive Damages Ruling Deferred In Jack Nicklaus' Fla. Suit
A Florida state court judge deferred a decision on whether he'll overrule a previous order denying punitive damages in a defamation lawsuit brought by former professional golfer Jack Nicklaus against a company he founded and two of its officers, saying there must be enough evidence to find that reprehensible misconduct occurred.
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July 10, 2025
Trump Taps Holland & Hart Partner For Montana Bench
President Donald Trump announced on social media Thursday he has chosen a Holland & Hart LLP partner and veteran government attorney to serve on the federal bench in Montana.
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July 10, 2025
Apple Tees Up Bid To End App Store Antitrust Class Action
Apple is preparing to file a summary judgment motion in California federal court seeking to end claims from a class of more than 185 million users in a long-running case accusing it of monopolizing the distribution of apps on its devices.
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July 10, 2025
'Admonition' But No More Amazon Penalty For Hidden Docs
A federal judge in Washington state took Amazon.com to task Thursday for "bad faith" material review that labeled tens of thousands of documents as covered by attorney-client privilege despite involving no legal advice, but the judge, who is presiding over the Federal Trade Commission's Prime subscriptions case against the company, opted against further punishment.
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July 10, 2025
Apple, Visa And Mastercard Beat Payment Fee Collusion Suit
An Illinois federal judge on Wednesday dismissed several retailers' proposed antitrust class action that accused Apple, Visa and Mastercard of scheming to restrain competition in point-of-sale transaction payment networks, saying the express terms of agreements retailers had claimed were anti-competitive showed otherwise.
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July 10, 2025
College Apparel Co. Seeks New Trial In Penn State TM Case
A print-on-demand company that was permanently barred from using The Pennsylvania State University's name or logos asked a federal judge for a new trademark infringement trial, saying the verdict form at the first trial was confusing to the jury and the university's evidence had not shown it used the marks illegally.
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July 10, 2025
Calif. Vape Co. Drops Claims Over Allegedly Counterfeit G Pen
California-based GS Holistic LLC has reached a deal with a Michigan smoke shop that will end claims the retailer was selling counterfeit versions of its G Pen e-cigarettes without authorization at a fraction of the price, according to a notice issued by a federal judge.
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July 10, 2025
Tyson Says $55M Del. Poultry Plants Win Blocks Ga. Damages
Tyson Foods wants to block any claim to damages in a poultry rendering company's antitrust lawsuit, telling a Georgia federal judge Wednesday that a Delaware state court already ruled that it overpaid to buy out the company and asserting that precludes any claims that it forced the firm into an underpriced buyout.
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July 10, 2025
9th Circ. Backs Geico Win In COVID Auto Rebate Class Action
The Ninth Circuit affirmed Geico's victory in a certified class action alleging it owed additional refunds to drivers who overpaid their auto insurance premiums during COVID-19 stay-home orders, ruling on Wednesday that Geico charged rates that were previously approved by California's insurance commissioner, which bars the plaintiff's state Unfair Competition Law claim.
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July 10, 2025
11th Circ. Revives Case Over $3.1M Glassware Verdict Debt
The Eleventh Circuit has revived a case over $3.1 million in debt resulting from a jury verdict finding that two glass companies had copied the designs of another business, saying a lower court was wrong to find that the infringing companies' bankruptcy had wiped the debt out.
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July 10, 2025
$4.4B T-Mobile, UScellular Deal Gets DOJ OK, With A Warning
The U.S. Department of Justice gave its all-clear Thursday to T-Mobile's plan to take over most of UScellular's wireless operations, finding that T-Mobile's commitments to bolster the flagging company outweigh, at least for now, worries over the disappearance of UScellular's underdog offerings.
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July 10, 2025
FCC Says Yes To T-Mobile's $5B Metronet Buy After Nixing DEI
T-Mobile has received the Federal Communications Commission's blessing to go ahead with its $4.9 billion joint venture to acquire fiber company Metronet, one day after telling the agency it would end its diversity, equity and inclusion programs in furtherance of the FCC chair's goals.
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July 10, 2025
Jazz Looks To Block Avadel From Asking For Sleep Drug OK
Jazz Pharmaceuticals wants a Delaware federal judge to block Avadel CNS Pharmaceuticals from seeking U.S. Food and Drug Administration approval for its Lumryz drug to treat the sleep disorder idiopathic hypersomnia, after the Federal Circuit sent the case back to the lower court.
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July 10, 2025
Students Say Fee Concerns Unfounded In Aid-Fixing Case
Attorneys for students accusing elite universities of conspiring to limit financial aid told an Illinois federal court there's no need for the schools to look into ethical concerns raised about attorney fees by a "disgruntled" associate for one of the firms representing the proposed class.
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July 09, 2025
Alaska Airlines Seeks Delta Discovery For TM Feud In UK
Alaska Airlines asked a Georgia federal judge to allow it to take discovery from Delta Airlines on Wednesday for use in a U.K. court case against Virgin Group, which Alaska said is trying to charge it millions of dollars so that Alaska's rivals can use the Virgin brand.
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July 09, 2025
OpenAI Must Give Musk Info On Altman Firing In Fraud Suit
A California federal magistrate judge overseeing discovery in Elon Musk's lawsuit challenging OpenAI's plans to change its corporate structure ordered the artificial intelligence company to hand over documents related to CEO Sam Altman's brief firing by OpenAI's board, agreeing the information is "relevant" to Musk's charitable trust and fraud claims.
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July 09, 2025
Iowa Urges Judge Not To Block Law Regulating PBMs
The state of Iowa urged a federal judge Tuesday not to halt enforcement of state restrictions on pharmacy benefit managers that took effect earlier this month, arguing that most of the challenged law doesn't apply to the health plans and employers seeking to enjoin it.
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July 09, 2025
7th Circ. Nixes Rail Sharing Order Power For Subpar Service
Federal regulators can't give themselves power to order rail carriers to share shipments with their rivals unless the incumbent railroad's service is "inadequate," a Seventh Circuit panel said in striking a Surface Transportation Board rule designed to empower such mandates when service merely fails certain reliability metrics.
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July 09, 2025
Insurer Rejects Coverage For Ind. Federal Antitrust Suit
An insurer for a digging and pipe services company told an Indiana federal court it should owe no coverage for a civil antitrust lawsuit, pointing in part to an exclusion barring coverage for "personal and advertising injury" arising from the "access or disclosure of confidential or personal information."
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July 09, 2025
4 More Players Follow Vanderbilt QB, Sue NCAA To Play
A Tennessee federal judge on Wednesday scheduled a hearing for July 16 on a bid by four college football players — including two potential future teammates of Vanderbilt University quarterback Diego Pavia — to be allowed to play next season despite the NCAA's five-year rule for eligibility.
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July 09, 2025
4th Circ. Won't Rehear NASCAR Charter Injunction Loss
The Fourth Circuit on Wednesday declined to revisit its recent decision scrapping an injunction that had let two race teams, including one co-owned by NBA great Michael Jordan, keep their charter status while pursuing antitrust claims against NASCAR.
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July 09, 2025
Sandoz, Buyers Defend $275M Deal Amid State Objections
Counsel for consumers, insurers and others urged a Pennsylvania federal court on Tuesday to approve Sandoz and its subsidiaries' $275 million deal settling claims it conspired with other companies to fix some generic drug prices, with Sandoz separately calling states' objections "a paternalistic desire to control private class action settlements."
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July 09, 2025
10th Circ. Won't Rule On Immunity In Dental Dispute
The Tenth Circuit has declined to grant a dental products company immunity from a rival's defamation claims, saying it can't yet rule on the issue since the district court's denial of immunity did not turn on a legal question.
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July 09, 2025
Telecom Consultant Seeks To Enforce Nonsolicitation Deals
A Pittsburgh-based telecommunications consulting firm says three of its employees joined up with a competitor and violated their nonsolicitation agreements by taking certain customers and jobs with them, according to a lawsuit filed in Pennsylvania state court.
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July 09, 2025
T-Mobile Tanks DEI Policies To Meet FCC Chair's Goal
T-Mobile says it will shut down diversity, equity and inclusion programs to align with goals of the Federal Communications Commission's chair as the carrier seeks regulatory approval of two major wireless and fiber deals.
Expert Analysis
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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FTC Focus: Synthetic Data Yields Antitrust Considerations
Attorneys at Proskauer explore the burgeoning world of synthetic data, the antitrust implications involved, the Federal Trade Commission's role in regulating this space and practical takeaways from these emerging issues.
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Opinion
Slater Heralds Return To US Antitrust Norms, Innovation
Under recently confirmed Assistant Attorney General Gail Slater, the Antitrust Division of the U.S. Department of Justice can fulfill President Donald Trump's objective to reestablish American economic dominance on the global stage while remaining faithful to antitrust's core principles, says Ediberto Roman at the Florida International University College of Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.