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Competition
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October 15, 2025
9th Circ. Lets Alaska Flyers Redo Hawaiian Merger Case
The Ninth Circuit found that a lower court was right to toss a case from flyers and travel agents challenging the $1.9 billion merger between Alaska Airlines and Hawaiian Airlines but said they should have been given a chance to revise their allegations.
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October 15, 2025
Buckle Up And Be Nice: Philly Biz Court Judges Share Tips
Newly shortened litigation timelines and old-fashioned congeniality were among the points emphasized by the judges of Philadelphia's dedicated business court as they shared tips of the trade on Saturday during a gathering of lawyers who practice in the busy venue.
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October 14, 2025
Apple Judge May Decertify Antitrust Class, But Not Toss Case
A California federal judge indicated Tuesday that she may decertify a class of consumers alleging Apple violated antitrust laws with its App Store policies, but said she's unlikely to grant Apple's bid to toss the case on summary judgment.
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October 14, 2025
Sirius XM Can't Yet Ditch Proposed Class Action Over Pricing
An Oregon federal judge on Tuesday refused to toss a proposed class action claiming Sirius XM concealed a royalty charge from subscribers, ruling that the subscribers have adequately alleged they did not know about the fee or the true cost of their subscription when they signed up.
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October 14, 2025
Skinny Labels, Orange Book Take Center Stage In IP Talks
Patent litigators focused on pharmaceuticals and biotechnology met Tuesday to work through the biggest issues in their industries, including possible reform to skinny label law, frustration with position-switching in litigation, concerns about when to list patents in the U.S. Food and Drug Administration's Orange Book and data on the relatively low impact of new policies at the U.S. Patent and Trademark Office.
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October 14, 2025
NC Court Denies Early Ruling In Hospital Antitrust Case
Owners of a healthcare system in western North Carolina couldn't prevail in an early summary judgment attempt to avoid antitrust claims, after a North Carolina Business Court judge said the complexity of the request at hand precludes a "piecemeal" ruling.
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October 14, 2025
Exec Tells Fla. Jury He Wanted To Protect Nicklaus Brand
An executive for the company bearing Jack Nicklaus' name denied making alleged defamatory statements in emails to clients regarding the golf legend's interest in a competing Saudi Arabian league, telling a Florida state court jury on Tuesday that he received contradicting information and wanted to protect the business' brand name.
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October 14, 2025
6th Circ. Won't Revive Allergy Tester's Antitrust Case
The Sixth Circuit refused to revive an allergy testing and treatment company's antitrust case accusing an insurer and a medical group of conspiring to squeeze it out of the market, after finding that doctors are the ones being directly harmed by the alleged activity.
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October 14, 2025
Visa, MasterCard To Pay Combined $199.5M In Fraud Risk Suit
Visa Inc. and MasterCard International Corp. have agreed to pay a combined $199.5 million to resolve a nearly decade-old certified class action accusing the credit card giants of conspiring to dump fraud risk costs on merchants, according to documents filed in New York federal court.
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October 14, 2025
Microsoft Bullied OpenAI Into Cloud Deal, Antitrust Suit Says
A group of ChatGPT subscribers launched a proposed class action in California federal court Monday accusing Microsoft Corp. of inflating prices by forcing OpenAI into a deal that made the software giant the sole provider of computing services for the growing suite of artificial intelligence products.
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October 14, 2025
EU Fines Fashion Brands €157M For Price Maintenance
The European Commission has fined fashion companies Gucci, Chloé and Loewe a total of €157 million ($182.2 million) for allegedly breaching the bloc's competition rules by restricting the retail prices of their products.
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October 14, 2025
Law Firm Seeks Court Order To End Trademark Dispute
Personal injury law firm CR Legal Team LLP has asked a North Carolina federal court to rule that it did not infringe another law firm's trademarks, arguing that the two firm's legal services are dissimilar and don't cause client confusion.
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October 14, 2025
Steam Owner Seeks To Block £656M Class Action Over Fees
Valve Corp., owner of the world's largest video game distribution platforms, Steam, fought to nix a £656 million ($873 million) class action for allegedly overcharging game publishers commission on Tuesday, arguing that calculations of its "excessive" charges were fundamentally flawed.
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October 14, 2025
Apple Can't Appeal £853M CPO Funding Deal At UK Top Court
The U.K.'s top court has refused Apple permission to challenge the approval of an £853 million ($1.1 billion) collective action against the technology giant alleging it concealed problems with iPhone batteries.
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October 14, 2025
Motorola To Face £650M Class Action In 1st Public Sector CPO
Motorola will face a £650 million ($862 million) class action over unfair pricing for its provision of emergency communications after a London tribunal approved the first ever public sector opt-out claim.
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October 10, 2025
Delta, Aeromexico Say USDOT Erred In Blocking Partnership
Delta Air Lines and Aeromexico have asked the Eleventh Circuit to vacate the U.S. Department of Transportation's order terminating approval of their joint venture and ordering them to dismantle it by January, according to a petition for review posted to the case docket Friday.
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October 10, 2025
DOJ Can't Pause Review Of UnitedHealth Deal Amid Shutdown
A Maryland federal judge rejected the U.S. Department of Justice's bid to stay its recently settled case with UnitedHealth over the company's merger with Amedisys because of the government shutdown and lapse in appropriations, ruling that a stay would impede the DOJ's ability to evaluate the public interest in the settlement.
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October 10, 2025
Musk Accuses OpenAI Ex-Exec Of Subpoena 'Cat And Mouse'
A California federal magistrate judge is allowing Elon Musk to serve a deposition subpoena by Federal Express to a tech executive who briefly served as OpenAI's interim CEO after hearing that process servers and investigators had attempted personal service 11 times but were "stonewalled" by the woman and her security.
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October 10, 2025
Elf Bar Will No Longer Sell In Calif., Ending Altria Unit Suit
The Chinese companies behind the popular Elf Bar brand of vape will no longer sell their flavored products in California, according to an agreement they signed to end a lawsuit filed by the e-cigarette unit of tobacco giant Altria Group.
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October 10, 2025
FERC's $1B Penalties Would Doom Energy Co., NC Judge Told
An energy efficiency aggregator told a North Carolina federal judge that it will go out of business without an order blocking the Federal Energy Regulatory Commission from imposing nearly $1 billion in penalties against it for alleged market manipulation and tariff violations.
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October 10, 2025
$8B EV Trade Secrets Case Best Left To Israel, 5th Circ. Says
The Fifth Circuit agreed with a district judge Friday that an $8 billion trade secrets case between two electric vehicle companies was better suited to be litigated in Israel, saying the party that wants to keep the dispute stateside had not adequately explained why that would be better.
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October 10, 2025
Infosys' Counterclaims Against Competitor Tossed For Now
A Texas federal court dismissed counterclaims from Infosys Ltd. accusing Cognizant TriZetto Software Group Inc. of monopolizing a market for healthcare software and related services after finding the allegations ignored potential competition from alternatives.
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October 10, 2025
Apple Faces Class Cert. Bid In Mobile Wallet Antitrust Case
An attorney for a proposed class of credit card issuers urged a California federal judge Friday to grant class certification in a suit accusing Apple of monopolizing mobile wallet technology for its own devices even though two lead plaintiffs said they would not pass transaction fees on to their users.
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October 10, 2025
Atty's Due Process Claims Challenging Disbarments Trimmed
A former attorney has had most of a due process suit fighting his disbarment in Florida and reciprocal discipline in Massachusetts and New York thrown out, with a Manhattan federal judge finding that New York lacks personal jurisdiction over out-of-state disciplinary officials.
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October 10, 2025
Curaleaf Says NJ's Pot Shop Union Requirement Bucks NLRA
Curaleaf Holdings Inc. is suing the New Jersey Cannabis Regulatory Commission in federal court, saying the commission's requirement that cannabis companies have "labor peace agreements" with particular unions is preempted by the National Labor Relations Act.
Expert Analysis
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Takeaways From DOJ's 1st Wage-Fixing Jury Conviction
U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.
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FTC Focus: Interlocking Directorate Enforcement May Persist
Though the Federal Trade Commission under Chair Andrew Ferguson seems likely to adopt a pro-business approach to antitrust enforcement, his endorsement of broader liability for officers or directors who illegally sit on boards of competing corporations signals that businesses should not expect board-level antitrust scrutiny to slacken, says Timothy Burroughs at Proskauer.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Navigating The Expanding Frontier Of Premerger Notice Laws
Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.
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Evolving Federal Rules Pose Further Obstacles To NY LLC Act
Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Mergers Face Steeper Slopes In State Antitrust Reviews
The New York Supreme Court's recent summary judgment in New York v. Intermountain Management, blocking the acquisition and shuttering of a ski mountain in the Syracuse area, underscores the growing trend among state antitrust enforcers to scrutinize and challenge anticompetitive conduct under state laws, say attorneys at Robins Kaplan.
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Opinion
Int'l Athletes' Wages Should Be On-Campus Employment
The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.
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Apple Ruling Provides Clarity For UK Litigation Funders
The Court of Appeal's recent Gutmann v. Apple decision that litigation funders can take a fee before class action members are paid helps relieve the concerns of insufficient funding returns that followed news of a broad sector review and a key high court ruling, says Matthew Lo at Exton Advisors.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Fines Against Apple, Meta Set Digital Markets Act Precedent
The European Commission's recent fines against Apple and Meta, the first under the Digital Markets Act, send a clear message that the act's reach and influence on regulatory thinking is global, say lawyers at Waterfront Law.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.