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Competition
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July 07, 2025
AGs Urge Texas Ad Tech Judge Not To Delay Google Trial
An attorney for the Texas-led coalition of attorneys general targeting Google's advertising placement technology business urged a Texas federal judge Monday not to delay the upcoming jury trial, arguing there's no need to worry about potential inconsistencies with a Justice Department case in Virginia.
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July 07, 2025
As New Era Dawns For College Athletes, Repairs Still Needed
As far back as late 2023, when a broad cross-section of former college athletes was certified as a class to sue the NCAA for unpaid name, image and likeness compensation, all parties involved have known that the eventual settlement of its claims would repair just one specific broken part of the college sports ecosystem. With the portion of the $2.78 billion settlement designed to share institutional revenues directly with athletes going into effect on Tuesday, legal experts still wonder how and when enough will be done to set right the scales that went unbalanced for decades.
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July 07, 2025
Fanatics Told To Give Panini Licensing Docs In Antitrust Case
A New York federal court said Monday that Fanatics Inc. must turn over unredacted versions of its licensing deals with major sports leagues and player associations that are at the heart of Panini America Inc.'s case accusing Fanatics of monopolizing the sports trading card market.
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July 07, 2025
Deere & Co. Needn't Give More Financial Docs In Repair Suit
An Illinois federal judge overseeing twin cases alleging Deere & Co. is violating the Sherman Antitrust Act through its control of repair tools decided Monday not to force the company to produce its dealer financial analysis documents, saying any relevant information in them has already been produced elsewhere in the cases.
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July 07, 2025
AI Weather Startup Claims Rival Used Trade Secrets
An artificial intelligence-powered weather simulation startup has sued a rival company in California federal court, claiming a consultant took its source code and used it to found the competitor.
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July 07, 2025
Wis. Rep. Pushes 2 Bills To Counter EU's Tech, ESG Rules
A Republican U.S. House representative recently introduced two pieces of legislation over European Union regulations the congressman has deemed to be burdensome to U.S. companies, according to a recent announcement from the representative.
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July 07, 2025
Samsung Settles Epic's Claims It Colluded With Google
Epic Games Inc. on Monday voluntarily dropped Samsung from the Fortnite game-maker's latest California federal antitrust suit in light of the parties' settlement, resolving allegations the phone maker colluded with Google to circumvent an order forcing Google to open Android phones to Play Store competition.
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July 07, 2025
PE Dealmakers Best-Suited To Cut Through M&A Challenges
In part two of this M&A market review, industry attorneys dig into how regulatory shifts are impacting the M&A landscape, from increased paperwork to continued scrutiny of tech transactions. They also outline how and why private equity has emerged as a bright spot in the market, playing an outsize role in dealmaking.
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July 07, 2025
Ex-FTC Antitrust Chief Returns To Covington As Co-Chair
Covington & Burling LLP has rehired the former director of the Federal Trade Commission's Bureau of Competition as a co-chair of its antitrust and competition practice group in Washington, D.C., the firm announced Monday.
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July 07, 2025
Fed. Circ. Affirms Cisco's Defeat Of $371M Patent Suit
The Federal Circuit on Monday declined to revive software company Egenera's $371 million patent lawsuit against Cisco, affirming lower court findings that the communications giant didn't infringe.
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July 07, 2025
J&J Unit Looks To Wipe Out $442M Catheter Antitrust Loss
Johnson & Johnson health tech unit Biosense Webster has asked a California federal court to throw out Innovative Health's $442 million trial win in a case accusing Biosense of conditioning product support for its cardiac mapping systems on the purchase of cardiac catheters.
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July 07, 2025
Apple Appeals 'Unprecedented' €500M EU Digital Markets Fine
Apple Inc. launched an appeal on Monday to the European Commission's €500 million ($586 million) fine over anticompetitive behavior on its App Store that allegedly breached the European Union's Digital Markets Act.
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July 07, 2025
Brownstein Hyatt Breaks Into NY, Adds 5-Atty Crowell Team
Brownstein Hyatt Farber Schreck LLP announced Monday that it has hired five partners and a policy director from Crowell & Moring LLP and established its first New York office in the process.
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July 07, 2025
Arnold & Porter Adds Biden DOJ Official To DC Team
A former third-ranking official at the U.S. Department of Justice, who also held top positions in the Office of Personnel Management and served as solicitor general in his home state of Ohio, has joined Arnold & Porter Kaye Scholer LLP in Washington, D.C., the firm announced Monday.
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July 07, 2025
Rail Passengers Claim Just Fraction Of £25M Stagecoach Deal
Train passengers have claimed only £216,000 ($295,000) in compensation from a multimillion-pound settlement with Stagecoach, the Competition Appeal Tribunal revealed on Monday as it said it would consider ordering a "substantial payment to charity" from the unclaimed money.
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July 07, 2025
Paul Hastings Adds Antitrust Pro, DOJ Alum From Paul Weiss
Paul Hastings LLP announced on Monday that it has hired a former Paul Weiss Rifkind Wharton & Garrison LLP lawyer and U.S. Department of Justice alum known for his work on antitrust matters ranging from bet-the-company transactions to high-stakes litigation.
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July 04, 2025
Apple, Sony Lose Appeal Over Litigation-Funding Deals
The Court of Appeal unanimously rejected arguments by Apple, Visa, Mastercard and Sony on Friday that widely-used funding agreements which calculate a funder's fee by a multiple are unenforceable in U.K. class action claims.
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July 04, 2025
BT Denies Withholding Data Cost Eircom £400M Contract
British Telecommunications PLC said that withholding information from Eircom did not cause its Irish counterpart to lose a bid for a public sector contract, as it defended itself Friday at a £67 million ($92 million) damages trial.
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July 03, 2025
Tyson Settles Fight With Chicken Farmers Over Mo. Plant Sale
Tyson Foods has settled its declaratory action against Skaggs Bros & Sons Farms LLC that sought an order finding its sale of a shuttered broiler chicken processing plant to Cal-Maine Foods Inc. last year didn't violate antitrust laws, according to a notice filed in Missouri federal court.
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July 03, 2025
7th Circ. Cuts Chicken Price-Fixing Atty Fees Again
A Seventh Circuit panel reduced a $51.6 million fee award for class counsel who took on alleged price-fixing among the country's biggest producers of broiler chickens to about $47 million Wednesday, saying the district court made one easily-correctable error.
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July 03, 2025
Fortnite Creator Accused Of IP Violations For In-Game Comms
The creator of the popular video game Fortnite has been sued by a California company claiming the game's player-to-player messaging options infringe patents it holds related to communications via internet protocols.
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July 03, 2025
3 More Athletes Appeal NCAA NIL Settlement To 9th Circ.
Two former wrestlers, including an Olympic medalist, and a former walk-on football player have joined the list of college athletes announcing plans to appeal the $2.78 billion name, image and likeness settlement with the NCAA, arguing that they are receiving far too small a portion of the compensation package.
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July 03, 2025
CMA To Review Global Payments' $24.2B Worldpay Deal
British competition officials said this week that they were beginning their initial evaluation of Global Payments Inc.'s plans, unveiled earlier this year, to purchase payments giant Worldpay from GTCR and FIS for $24.25 billion.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
States Still Oppose Florida's Generic Drug Deal With Sandoz
States accusing generic-drug makers of fixing prices are continuing to object to a $10 million settlement struck between Florida and Sandoz, arguing that it limits their ability to negotiate deals while letting the Sunshine State benefit without participating in the litigation.
Expert Analysis
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Texas Targets Del. Primacy With Trio Of New Corporate Laws
Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Colo. Antitrust Law Signals Growing Scrutiny Among States
Colorado's recently enacted Uniform Antitrust Pre-Merger Notification Act makes it the second state to add such a requirement, reflecting a growing trend and underscoring the need for merging parties to plan for a more complex and multilayered notification landscape for deals, say Puja Patel and Noa Gur-Arie at Cleary.
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Va.'s Altered Surcharge Law Poses Constitutional Questions
Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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How Trump Administration's Antitrust Agenda Is Playing Out
Under the current antitrust agency leadership, the latest course in merger enforcement, regulatory approach and key sectors shows a marked shift from Biden-era practices and includes a return to remedies and the commitment to remain focused on the bounds of U.S. law, say attorneys at Wilson Sonsini.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
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OCC's Digital Embrace Delivers Risk, Opportunity For Banks
As the Office of the Comptroller of the Currency continues to release and seek more information on banks' participation in the crypto-asset arena, institutions may see greater opportunity to pursue digital asset and custody services, but must simultaneously educate themselves on transformations occurring throughout the industry, says Kirstin Kanski at Spencer Fane.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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State AGs' Focus On Single-Firm Conduct Is Gaining Traction
Despite changes in administration, both federal antitrust agencies and state attorneys general have shown a trending interest in prosecuting monopolization cases involving single-firm conduct, with federal and state legislative initiatives encouraging and assisting states’ aggressive posture, says Steve Vieux at Bartko Pavia.