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Competition
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April 09, 2025
Country's Largest Egg Producer Discloses DOJ Price Probe
Cal-Maine Foods Inc., which bills itself as the country's largest producer and distributor of fresh shell eggs, on Tuesday became the first company to disclose being targeted by a U.S. Department of Justice civil probe into spiking egg prices.
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April 09, 2025
Live Nation Likely Won't Escape Concertgoers' Antitrust Suit
A California federal court indicated on Wednesday that he's not inclined to toss an antitrust case from consumers accusing Live Nation Entertainment Inc. and Ticketmaster LLC of monopolizing the concert ticketing market following their 2010 merger.
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April 09, 2025
2nd Circ. Allows Takeda To Appeal Actos Antitrust Class Cert.
A split Second Circuit will allow Takeda Pharmaceuticals Co. to immediately appeal a New York federal judge's ruling certifying two classes of direct purchasers and end payors in consolidated antitrust actions accusing the company of unlawfully inflating the price of its diabetes treatment Actos by delaying the entry of generic alternatives.
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April 09, 2025
Connell Foley Survives Investment Firm's DQ Bid In Bias Suit
A federal judge in New Jersey has rejected a Black-owned investment company's request to disqualify a Connell Foley LLP attorney from representing the state in the investment firm's bias case, reasoning that there is nothing showing the law firm or the lawyer previously represented the company.
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April 09, 2025
FTC Has Authority To Bring Antitrust Case Against Amazon
A federal court in Washington found the Federal Trade Commission has the authority to bring an antitrust case targeting Amazon's treatment of sellers on its platform directly in federal court without also pursuing an in-house administrative case.
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April 09, 2025
Ancora Drops US Steel Pursuit After Trump Flags Nippon Deal
Ancora Holdings Group said Wednesday it is withdrawing its slate of director candidates for U.S. Steel's upcoming annual meeting, citing "apparent momentum" for the $14.9 billion acquisition by Japan's Nippon Steel after President Donald Trump announced a fresh national security review of the deal Monday.
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April 08, 2025
Jazz Agrees To Pay $145M To Settle Xyrem Antitrust Fight
Jazz Pharmaceuticals has agreed to pay $145 million to resolve antitrust litigation accusing it of working with its rival Hikma Pharmaceuticals to stave off generic competitors to Jazz's narcolepsy drug Xyrem, the Ireland-based pharmaceutical company revealed Tuesday.
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April 08, 2025
Four Robinhood Users Must Arbitrate Meme Stock Claims
A Florida federal judge overseeing the multidistrict litigation over Robinhood's decision to freeze trading in certain so-called meme stocks ordered four remaining plaintiffs in the case to arbitrate their claims, writing in an order that there's no dispute a valid arbitration agreement exists.
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April 08, 2025
Ex-Google Engineer Unlikely To Beat AI Trade Secrets Charges
A California federal judge indicated Tuesday that he's unlikely to toss economic espionage charges against an ex-Google engineer accused of stealing artificial intelligence trade secrets to benefit startups in China, but said he "can't shake the feeling" that prosecutors wouldn't have brought the case if it involved a different country.
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April 08, 2025
Small But Sharp Hurdles Remain To NCAA's NIL Settlement
Nearly a year after the NCAA and hundreds of thousands of athletes agreed on a settlement that would finally give athletes a share of billions of dollars in revenue, enough flaws remain in the agreement — related to roster limits and the rights of future athletes entering the new system — to indefinitely hold off on its final approval.
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April 08, 2025
Pepsi, Frito-Lay Fight Pricing Claims From Stores
Pepsi and Frito-Lay have asked to toss a case accusing them of illegally charging Walmart, Target and other chain stores less for chips than smaller retailers, saying the stores bringing the case fail to make a direct comparison of sales to the different outlets.
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April 08, 2025
UnitedHealth Puts Anesthesiologists' Antitrust Suit To Sleep
A New York federal judge tossed an antitrust lawsuit accusing a United Healthcare unit of using its market power in the New York metropolitan area to cut reimbursement rates to anesthesia providers by 80% in its public-sector employee health plan, while enlisting MultiPlan to pressure providers into accepting the rates.
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April 08, 2025
Hospital Operator Gets 'Burdensome' Antitrust Info Bid Pared
A North Carolina federal judge has pared HCA Healthcare Inc.'s subpoenas to a hospital network in a consolidated antitrust case accusing it of hiking Tar Heel State public employees' health insurance costs, putting a two-hour time limit on the depositions it sought and cutting three years of requested information.
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April 08, 2025
Racing Teams Seek Formula One Financials In Antitrust Case
Two stock car racing teams, including one owned by Michael Jordan, have asked a Colorado federal judge to force the owner of the international racing series Formula One to turn over revenue data and other records, arguing they need the information to prove monopoly claims against NASCAR.
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April 08, 2025
Alston & Bird Adds Littler IP Litigator In San Francisco
Alston & Bird LLP is growing its intellectual property team, announcing Tuesday it is bringing in a Littler Mendelson PC litigator as a partner in its San Francisco office.
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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.
Expert Analysis
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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How Views On Healthcare Price Transparency Are Changing
Regulators' attitudes toward price transparency regulation have shifted over the past several years in ways that may seem contradictory, and research into detailed rate information published by hospitals and health plans has yielded mixed results, says Matthew List at Charles River Associates.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.
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What BT Ruling Will Mean For UK Class Actions
The Competition Appeal Tribunal’s recent dismissal of a £1.3 billion mass consumer claim against BT, the first trial decision for a U.K. collective action, reminds claimants and funders of the high bar for establishing an abuse, and provides valuable insight into how pending mass consumer cases may be resolved, say lawyers at Ashurst.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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5 Factors From Biden's Final Worker Antitrust Guidelines
The recent Federal Trade Commission and the U.S. Department of Justice's joint antitrust guidelines for business activities affecting workers cap a flurry of final announcements from the Biden administration, but it's unclear whether the agencies will maintain their support for these measures in the Trump administration, say attorneys at Simpson Thacher.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.