Competition

  • August 26, 2025

    Joseph Nocella Jr. Appointed US Attorney For EDNY

    Joseph Nocella Jr. on Tuesday was reportedly appointed as the U.S. attorney for the Eastern District of New York, having served as the district's interim top prosecutor since early May.

  • August 26, 2025

    Teradata Asks High Court To Stay Out Of SAP Tying Fight

    The U.S. Supreme Court should let sitting dogs lie when it comes to a Ninth Circuit decision reviving tying claims brought by data analytics giant Teradata against a German rival and software maker and just let the matter head to trial, according to the U.S.-based Teradata.

  • August 26, 2025

    Standard General's Racial Bias Claims Against FCC Fall Flat

    Hedge fund manager Soo Kim has failed to convince a D.C. federal judge that the Federal Communications Commission and a cadre of media players were part of a racist conspiracy to kill his $8.6 billion merger with broadcaster Tegna.

  • August 26, 2025

    Google Backers Cite Security, Competition To 9th Circ.

    Trade groups, cybersecurity experts, think tanks and others backed Google with proposed Ninth Circuit amicus briefs arguing that an order affirmed by an appeals panel opening up the Play Store will upend competition and endanger security.

  • August 26, 2025

    PE Firm Escapes Patients' Anesthesia Antitrust Claims

    A Texas federal court tossed claims against Welsh Carson Anderson & Stowe from a proposed class of patients accusing the private equity firm of monopolizing the anesthesiology market through a series of acquisitions, but let claims against a company it formed proceed.

  • August 26, 2025

    Blacklist Suit Blocked By Illegal Biz Ties, Justices Told

    LegitScript has asked the U.S. Supreme Court to intervene against the Ninth Circuit's decision to make it face PharmacyChecker.com's antitrust blacklisting claims, arguing the lower court rulings wrongly allow PharmacyChecker to sue to protect a business focused on facilitating the illegal importation of drugs.

  • August 26, 2025

    'Belief' Insufficient For Trade Secrets Claims, NC Biz Judge Says

    A trio of healthcare and real estate companies couldn't secure a preliminary injunction meant to prevent their former CEOs from disclosing or using alleged trade secrets, as North Carolina's business court ruled the amended complaint relied too heavily "on information and belief."

  • August 26, 2025

    Feds Look To Dismiss Calif. Tribe's $700M Casino Dispute

    The U.S. Department of the Interior, with the backing of two tribes and the California Gaming Association, is looking to dismiss a lawsuit over its decision to temporarily nix eligibility for a proposed $700 million casino and hotel project, arguing it doesn't constitute a final agency action under the Administrative Procedure Act.

  • August 26, 2025

    HPE's Trump-Tied Lobbyists Cast 'Pall' Over Merger Review

    The firing of two senior officials in the U.S. Department of Justice's Antitrust Division who complained after being forced to accept a merger clearance settlement has caused many practitioners to question whether the traditional separation between competition enforcement and other White House priorities is a thing of the past.

  • August 26, 2025

    Texas Injury Firm Says Ex-Atty's Rival Firm Copied Slogan

    A Houston personal injury attorney has accused a former employee of opening a rival law firm and copying its longtime slogan.

  • August 26, 2025

    Court Asked To Reconsider Burford Capital Arb Fight Ruling

    German entity Financialright Claims GmbH is urging a Delaware federal court to reconsider a decision ordering the company to arbitrate its dispute with a Burford Capital affiliate over an allegedly fraudulent arbitration pact, saying "a clear error of law" in the ruling needs to be corrected.

  • August 26, 2025

    White & Case-Led EchoStar Sells Spectrum To AT&T For $23B

    Telecommunications company EchoStar, advised by White & Case LLP, on Tuesday unveiled plans to sell certain wireless spectrum licenses to AT&T in a $23 billion all-cash deal.

  • August 26, 2025

    Dick's Sporting Goods Gets $2.4B Foot Locker Deal Cleared

    Dick's Sporting Goods Inc. said Tuesday that the waiting period has expired for its planned $2.4 billion purchase of Foot Locker, after it had previously given the Federal Trade Commission additional time to review the deal.

  • August 26, 2025

    Shipbuilders Push To Escape Revived No-Poach Claims

    A Fourth Circuit decision that revived a proposed class action accusing some of the country's biggest warship makers and naval engineering consultants of participating in an illegal no-poach conspiracy to suppress wages leaves a Virginia federal judge free to dismiss the case, according to the companies.

  • August 25, 2025

    DOJ Antitrust Whistleblowers May Find Ally At The Post Office

    The U.S. Department of Justice's new whistleblower program brings the Antitrust Division in line with other programs across the DOJ and at other agencies, although it may have a particularly broad scope thanks to a unique partnership with the U.S. Postal Service.

  • August 25, 2025

    Build-A-Bear, Kelly Toys Settle TM Suit Over Stuffed Toys

    Build-A-Bear Workshop Inc. and Kelly Toys Holdings have settled a dispute in California federal court over stuffed toys in which Kelly Toys claimed Build-A-Bear's Skoosherz toys copied its popular Squishmallow line. 

  • August 25, 2025

    Epic Says Google Ought To Pay Up For Play Store Fight

    While Google is busy appealing a ruling mandating that it open up its Play store, Epic Games isn't waiting to ask a California federal judge to order the technology titan to pay the $180 million in legal bills it racked up over the course of the five-year court battle.

  • August 25, 2025

    Ticket Resellers Flag Case Challenging FTC's Bots Probe

    Ticket brokers accused by the Federal Trade Commission of bypassing Ticketmaster limits to buy and resell hundreds of thousands of concert tickets, including for the Taylor Swift Eras Tour, have a previously pending case that seeks to block the agency's enforcement action.

  • August 25, 2025

    DOJ Wants $10.5M From Convicted Nursing Exec For Fraud

    U.S. Department of Justice prosecutors asked a Nevada federal judge Friday for a $10.5 million preliminary forfeiture order against a nurse staffing executive convicted of wage-fixing, an amount that matches what he was paid for his staffing company after deceiving the buyer into thinking there was no criminal antitrust investigation.

  • August 25, 2025

    X Sues Apple, OpenAI For Cutting 'Anticompetitive' Deal

    Billionaire Elon Musk on Monday made good on a promise that his artificial intelligence venture xAI would lodge an antitrust suit against Apple Inc. and OpenAI Inc. to target the companies' deal that integrated ChatGPT into the iPhone operating system, telling a Texas federal judge the arrangement stifles competition.

  • August 25, 2025

    Economists Say FCC Copper Line Phaseout Needed

    Several outside economists told the Federal Communications Commission that its plan to phase out legacy copper telecommunications lines represents a rare chance to modernize FCC rules and should rank as a top priority.

  • August 25, 2025

    Epic's 9th Circ. Case Against Apple Draws Amicus Support

    Epic Games has received backing from state enforcers, Microsoft, Spotify and others as the Fortnite developer opposes Apple's Ninth Circuit appeal challenging an order blocking commissions on purchases made outside of Apple's own app payment system.

  • August 25, 2025

    Perkins Coie Grows Litigation Group With Ex-Calif. Deputy SG

    Perkins Coie LLP has continued expanding its litigation team with former state and federal prosecutors, announcing Monday it is bringing in the former deputy solicitor general of California as a partner in its San Diego office.

  • August 25, 2025

    Generic-Drugs Group Asks 9th Circ. To Nix Pay-For-Delay Law

    A trade group for generic drugmakers urged the Ninth Circuit to fully scrap a California law banning brand pharmaceutical companies from paying to delay generics competition, in a brief targeting both the law's in-state features upheld by a district court and the extraterritorial reach the state wants revived.

  • August 25, 2025

    3 Firms Steer $18.4B Keurig Dr Pepper, JDE Peet's Coffee Deal

    Keurig Dr Pepper will acquire JDE Peet's in an approximately $18.4 billion deal that aims to create a "global coffee champion" through the combination of the Keurig brand single-serve coffee platform and JDE Peet's coffees, the companies announced Monday, with three law firms guiding the transaction. 

Expert Analysis

  • Mass. AG Emerges As Key Player In Consumer Protection

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    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.

  • Series

    Birding Makes Me A Better Lawyer

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    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.

  • An Update On IPR Issue Preclusion In District Court Litigation

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    Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • Issues To Watch At ABA's Antitrust Spring Meeting

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    Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Ruling Pits EU Competition Law Against Arbitral Awards

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    The Madrid High Court's referral order to the Court of Justice of the European Union in a recent contractual dispute case squarely confronts the question of whether national systems may lawfully immunize arbitrators from meaningful scrutiny when they fail to apply binding EU competition law, says Josep Galvez at 4-5 Gray's Inn.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • How Calif. Algorithmic Pricing Bills Could Affect Consumers

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    California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.

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