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Competition
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October 28, 2025
Curaleaf Asks For Quick Action On NJ Pot Shop Union Rule
Cannabis giant Curaleaf's ability to operate in New Jersey could be in jeopardy by the end of the week, it told a federal judge Tuesday when seeking an expedited hearing on its motion to block the state's cannabis regulator from requiring the company to adopt labor peace agreements with unions.
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October 28, 2025
Monopolization Claims Against SAP Survive Dismissal
A California federal judge has refused to toss technology company Celonis' claims accusing software giant SAP of pushing it out of a market for business process analysis services after dismissing a previous version of the allegations.
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October 28, 2025
2nd Circ. Upholds $54M Award To Citgo In Oil Cargo Dispute
The Second Circuit affirmed a $54 million judgment for Citgo Petroleum Corp. in its suit seeking coverage for oil cargo lost during political unrest in Venezuela, finding Tuesday that a lower court did not err or abuse its discretion in rulings on summary judgment, judicial notice and jury instructions.
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October 28, 2025
Tax Software Co. Denies Poaching Rival's Workers
Tax preparation software company Avalara asked a Pennsylvania federal court to deny claims by a competitor that it illegally lured workers with generous job offers, saying it did not unfairly compete or interfere with the competitor's contracts as it claimed.
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October 28, 2025
Kirkland, V&E Steer Close Of EnCap's $2B Continuation Fund
Energy investor EnCap Investments LP, advised by Kirkland & Ellis LLP and Vinson & Elkins LLP, on Tuesday announced that it wrapped fundraising for a continuation vehicle meant to continue its partnership with PennEnergy Resources LLC after securing more than $2 billion in capital commitments.
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October 28, 2025
Salmon Producers Deny Price-Fixing In Tesco Collusion Claim
Salmon producers have denied Tesco's claim that they secretly shared commercially sensitive information on the sales of the fish farmed in Norway to increase prices in England, arguing that exchanges would have been to legitimately negotiate deals in the unpredictable market.
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October 28, 2025
CMA Tightens Leniency Rules For Cartel Whistleblowers
The U.K.'s competition regulator has released fresh guidance for its leniency regime, saying on Tuesday that it matters more than ever that those within a cartel come forward about their involvement before an investigation has started.
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October 28, 2025
Google Liable Again As DOJ's Ad Tech Win Extends To MDL
A New York federal judge held Google liable Tuesday for illegally monopolizing its advertising placement technology business, dramatically narrowing the scope of the multidistrict litigation from website publishers, advertisers and others by locking the technology giant into the Justice Department's win in a separate Virginia federal court case.
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October 27, 2025
Minn. Court Blocks Immediate Appeal In Pork Price-Fixing Suit
A Minnesota federal court refused Monday to allow immediate appeals for its summary judgment ruling in multidistrict litigation over alleged price-fixing in the pork industry, saying certain pork producers and a benchmarking company have not properly articulated a controlling question of law.
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October 27, 2025
Apple Gets Class Decertified In App Store Antitrust Case
A California federal judge Monday decertified a class of consumers claiming Apple violated antitrust laws with its App Store policies, finding that the plaintiffs' damages expert isn't qualified to do the work and submitted an analysis that included several "alarming" errors.
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October 27, 2025
Porsche Can't Escape $300M Suit By Miami Dealer
A Florida judge ruled Thursday that German automaker Porsche AG can be hauled into court in Florida to face a $300 million lawsuit by a Miami luxury car dealership accusing the carmaker of using strong-arm tactics by withholding inventory over a disagreement to build a new facility.
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October 27, 2025
Defunct Biz Asks 3rd Circ. To Revive $100M Caterpillar Win
A defunct equipment importer asked the Third Circuit on Sunday to revive its $100 million contract interference damages award against Caterpillar and give it another shot at antitrust allegations accusing the company of orchestrating a boycott, arguing the district court botched key parts of the jury trial.
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October 27, 2025
Dems Say $6.2B Nexstar-Tegna Deal Breaches Ownership Cap
Nexstar's $6.2 billion plan to merge with rival broadcast company Tegna will create a behemoth that will breach the FCC's national ownership cap that limits how many stations any one company can own in a given market, say two federal lawmakers from Colorado.
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October 27, 2025
X Gets AI Developer's Deplatforming Case Sent To Texas
An antitrust case accusing social media platform X of blocking competition was transferred to Texas, after a California federal court found the developer of software used to create artificial intelligence agents that operate on the platform agreed to a forum selection clause.
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October 27, 2025
Judge OKs Class Notice In NCAA Tennis Prize Money Row
A North Carolina federal judge greenlighted notice to two classes of collegiate tennis players Monday in an antitrust lawsuit, ruling that a class website, targeted ads, emails, postcards and a press release were the most practical ways to spread the word.
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October 27, 2025
Teva To Pay $35M In Suit Over Delayed Generic Inhalers
Teva Pharmaceuticals will pay $35 million to resolve claims from a coalition of union healthcare funds that say the company schemed to delay generic competition for its QVAR asthma inhalers, according to a motion for preliminary injunction filed in Massachusetts federal court.
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October 27, 2025
Delta, Aeromexico Ask 11th Circ. To Halt Feds' JV Split Order
Delta Air Lines and Aeromexico have asked the Eleventh Circuit to freeze a Trump administration order directing them to scuttle their joint venture by Jan. 1, saying their legal challenge should first run its course and that unwinding their complex networks would be "tremendously burdensome."
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October 27, 2025
AGs Call Landlord Deals In RealPage MDL 'Weak'
A quartet of state attorneys general urged a Tennessee federal judge to hold off on approving $141.8 million in class settlements resolving claims that major landlords used RealPage to fix rent prices, arguing the "weak injunctive terms" and "meager monetary relief" interferes with their own cases.
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October 27, 2025
AbbVie Defends Challenge Of Colorado's Discount Drug Law
AbbVie defended its lawsuit challenging a Colorado law it says conflicts with federal law by forcing manufacturers to sell drugs at steep discounts to Walgreens, CVS and other pharmacy chains, telling a federal judge that the state compels the biotech company to sell more discounted drugs than federal law requires.
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October 27, 2025
Korean Developers Defend Google Play Store Antitrust Claims
Foreign developers and trade associations for South Korean publishers are defending their Android app antitrust case against Google, saying their claims over U.S. and foreign Play Store transactions all belong in California federal court.
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October 27, 2025
QB's Eligibility Suit Resumes After NCAA's Appeal Tossed Out
A Vanderbilt quarterback's suit challenging the NCAA's eligibility rules will resume after a Tennessee federal judge on Monday lifted the stay imposed while the NCAA unsuccessfully appealed the injunction allowing him to play this season.
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October 27, 2025
Compass Pushes For Redfin Docs In Zillow Antitrust Fight
Compass Inc. has urged a New York federal court presiding over the brokerage's antitrust suit against property listings company Zillow Inc. to order another property listings company, Redfin Corp., to provide copies of drafts of blog posts written by Redfin's CEO as well as a copy of an allegedly anticompetitive Zillow-Redfin rental agreement.
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October 27, 2025
Top FTC Atty In Meta And Amazon Cases Joins WilmerHale
A former chief trial counsel at the Federal Trade Commission's Bureau of Competition, who was one of the lead attorneys on the agency's landmark monopolization cases against Amazon and Meta, has joined WilmerHale's Washington, D.C. office, the firm announced Monday.
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October 27, 2025
Feds Push To Keep Challenge To Calif. Truck Rules Alive
The U.S. Environmental Protection Agency is urging a California federal court not to dismiss its intervenor claims alleging that the state violated the Clean Air Act through its adoption of new emissions standards for heavy duty trucks.
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October 27, 2025
UK Raises Antitrust Concern Over £1.2B Greencore Deal
The Competition and Markets Authority said on Monday that Greencore's planned £1.2 billion ($1.6 billion) deal for meals producer Bakkavor might harm competition in the U.K.'s market for chilled sauces.
Expert Analysis
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Navigating Antitrust Risks When Responding To Tariffs
Companies should assess competitive perils, implement compliance safeguards and document independent decision-making as they consider their responses to recent tariff pressures, say attorneys at White & Case.
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Employer Best Practices For Navigating Worker Separations
As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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NCAA Settlement Kicks Off New Era For Student-Athlete NIL
A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Trump Antitrust Shift Eases Pressure On Private Equity Deals
Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.