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Judge Mulls If Google Could Still Vie To Be Default Search
A D.C. federal judge probed potential middle grounds Tuesday for how to give Google's search engine rivals a leg up against the company's monopoly, asking how to avoid a "duopoly" with Microsoft and if Google might be permitted to continue paying browsers and phonemakers for default placement.
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May 07, 2025
$13B Omnicom, Interpublic Deal Faces UK Enquiry
Britain's competition watchdog said Wednesday that it has decided to take an initial look at the approximately $13 billion merger of U.S.-based marketing communications giants Omnicom and Interpublic, as the mega-deal faces scrutiny in the U.S. as well.
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May 06, 2025
Ruling Doesn't Bind FERC Auction Approval, DC Circ. Told
A Federal Energy Regulatory Commission determination that a court ruling required it to let a grid operator proceed with a flawed electricity capacity auction cannot be squared with its duty to modify unjust or unreasonable rates, consumer advocates and public utilities told the D.C. Circuit.
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May 06, 2025
Fed. Circ. Asks What Law Applies For Sleep Drug Injunction
The Federal Circuit lifted an injunction Tuesday that had placed limits on Avadel CNS Pharmaceuticals' clinical trials for sleep disorder treatments, but sent the infringement case back to Delaware to determine whether a future injunction should be governed by the Hatch-Waxman Act.
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May 06, 2025
T-Mobile Attys Get $2.9M In Fees In Arbitration Award Suit
A mobile phone dealer that accused T-Mobile of tricking it into "false and oppressive" service agreements is on the hook for $2.9 million of the mobile titan's attorney fees after an Ohio federal judge refused to vacate the arbitration award that directed Preferred Wireless to pay up.
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May 06, 2025
NY Says Owner Has To Sell Ski Resort After Antitrust Loss
A New York ski resort operator who a state judge has ruled violated antitrust law by buying a rival and shutting it down should have to sell off one of its properties, preferably the one it shut down, so it can be reopened for next winter, the Empire State is arguing.
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May 06, 2025
Google Says DOJ's Monopoly Fixes Could Reveal 'Essential IP'
The head of Google's search engine warned a D.C. federal judge Tuesday that the U.S. Department of Justice's proposed data sharing mandates would allow rivals to clone nearly everything that makes up Google, dramatically changing the company's incentives to innovate and pulling away key resources.
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May 06, 2025
League Reps Grilled By Senators Over Sports Streaming Deals
Broadcast executives from three of the four biggest U.S. pro sports leagues answered bipartisan grilling by a Senate committee Tuesday over spiraling costs and scattered availability of games brought on by the increased use of streaming services, insisting that they were improving access and would improve it more in the near future.
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May 06, 2025
FTC Commissioner Throws Cold Water On Antitrust Defenses
Newly minted Federal Trade Commissioner Mark R. Meador criticized several arguments frequently raised in antitrust cases during a speech Monday, including that company breakups are too extreme and that innovation can justify anticompetitive conduct.
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May 06, 2025
Tennis Players Push For Cert. In NCAA Prize Money Battle
College tennis players are again seeking class certification in their lawsuit against the National Collegiate Athletic Association over its prize money restrictions, pushing back on the organization's arguments that the case is too flimsy and anecdotal.
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May 06, 2025
Google Calls Proposed Ad Tech Breakup 'Unworkable'
Google has told a Virginia federal court that fixes being proposed by enforcers in the ad tech monopolization case calling for the sale of its ad exchange and publisher-side tool are legally inappropriate and practically "unworkable."
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May 06, 2025
Trade Secrets Emerge As Path For Cos. To Protect AI Works
Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents — a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.
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May 06, 2025
Career Morgan Lewis Antitrust Atty Moves To Latham
An attorney who focuses his practice on the antitrust aspects of mergers and acquisitions, joint ventures and other corporate transactions has moved his practice from Morgan Lewis & Bockius LLP, where he had spent his entire career, to Latham & Watkins LLP.
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May 06, 2025
Greenberg Traurig Lands Antitrust Ace From Holland & Knight
Greenberg Traurig LLP has added an antitrust attorney from Holland & Knight LLP who will serve as global co-chair of its antitrust litigation and competition regulation practice.
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May 05, 2025
Apple Hit With Developer Suit After App Store Contempt Order
Apple has been hit with a developer's proposed class action after a California federal judge last week agreed with Epic Games that the tech giant violated her order prohibiting App Store rules that prevent developers from steering users to alternative payment options.
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May 05, 2025
DC Circ. Has Doubts About Narcolepsy Drug Appeal
The D.C. Circuit is now set to decide whether the U.S. Food and Drug Administration was wrong to declare a rival narcolepsy treatment not the "same drug" as another produced by Jazz Pharmaceuticals Inc., after appearing highly skeptical of the drug company's arguments that it was.
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May 05, 2025
Energy Co. Didn't Mess With Costa Rica Deal, Retrial Jury Told
A South Dakota energy company urged a Denver jury Monday to reject allegations that it interfered with a deal for oil and gas rights on nearly 2.3 million acres in Costa Rica, in a retrial after an appellate panel threw out a $42 million jury award against it.
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May 05, 2025
Liquidia Fends Off Indication Challenge In UTC Tyvaso Fight
A D.C. federal court has rejected United Therapeutics Corp.'s challenge to a U.S. Food and Drug Administration decision allowing Liquidia Technologies Inc. to modify a new drug application to include an additional lung disease indication for a drug competing with UTC's blockbuster lung disease drug Tyvaso.
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May 05, 2025
OpenAI Abandons For-Profit Plan After Musk Suit Is Preserved
OpenAI announced Monday that it was no longer pursuing plans to transition the ChatGPT maker into a for-profit enterprise, changing course just days after a California federal judge refused to throw out the bulk of Elon Musk's suit challenging those plans.
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May 05, 2025
Regeneron, Amgen Open Drug 'Bundling' Trial In Del.
The founder and CEO of Regeneron Inc. told a federal jury in Delaware on Monday that a major pharmacy benefit insurer told him in mid-2020 his company was wasting its time in trying to keep a cholesterol-drug supply contract, with Amgen Inc. offering a better-priced but allegedly anticompetitive multidrug portfolio.
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May 05, 2025
Officials Seek More Depo Time In Live Nation Antitrust Suit
U.S. officials have asked a Manhattan federal court to extend deposition time in a lawsuit accusing Live Nation of anticompetitive practices in ticket sales to live entertainment events, saying they need more hours to seek testimony from several entities and individuals who were recently disclosed in the case.
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May 05, 2025
Judge Rejects Media Matters' Bid To Move X's Case
A Texas federal judge has shot down a bid by watchdog Media Matters for America to transfer X Corp.'s defamation case against it to the Northern District of California, saying Media Matters has waived any contractual right to transfer venues it may have had.
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May 05, 2025
Software Co. Sues After Acquisition Of Allstate's EVB Biz
A software solutions company has sued Allstate Insurance Co. and StanCorp Financial Group Inc. for copyright infringement and breach of contract, telling a California federal court that the insurance giant distributed and reproduced its copyrighted software in violation of a master agreement.
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May 05, 2025
Jeld-Wen Tells 4th Circ. No More Need For Factory Sale
Jeld-Wen Inc. urged the Fourth Circuit to undo a landmark order forcing it to sell a manufacturing plant, saying a divestiture is no longer needed because the rival door maker that sued is no longer at risk of going out of business.
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May 05, 2025
Meta Users Refused 9th Circ. Appeal On Data Pay Cert Denial
A Ninth Circuit panel summarily refused to permit Meta Platforms Inc. users to immediately appeal a district court decision rejecting class certification for their antitrust case alleging the social media giant would have had to pay for their data if it didn't lie about privacy safeguards.
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May 05, 2025
Google Ads Advertisers Ask For Class Cert. In MDL
A group of advertisers in multidistrict litigation accusing Google of violating antitrust law through its control over key ad technology has asked a New York federal court to certify it as a class.
Editor's Picks
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Google Ad Tech Trial: 15 Days On The Rocket Docket
The Justice Department wrapped an extraordinary antitrust trial last week that left a Virginia federal judge pondering whether Google is even dominant in the display advertising placement technology market or just another player.
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FTC Withdraws From Feds' Merger Review Labor Pact
The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.
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US Antitrust Holds Fast: No 'Environmental Justice' Goals
A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.
Expert Analysis
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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.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Closer Look At Amendments To Virginia Noncompete Ban
Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.
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What Bank Regulator Consolidation Would Mean For Industry
Speculation over the Trump administration’s potential plans to consolidate financial service regulators is intensifying uncertainty, but no matter the outcome for the Consumer Financial Protection Bureau, Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency, the industry should expect continued policy changes, say attorneys at Foley & Lardner.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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FDIC Rules Rollback Foretells More Pro-Industry Changes
The Federal Deposit Insurance Corp.’s March withdrawal of Biden-era proposals to tighten brokered deposit rules and impose new corporate governance standards shows that acting chair Travis Hill’s commitment to reviewing regulations that may restrict growth and innovation for financial institution and fintech companies is unlikely to flag soon, say attorneys at Cooley.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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What Del. Supreme Court LKQ Decision Means For M&A Deals
The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.
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Tracking FTC Labor Task Force's Focus On Worker Protection
The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Electronic Shelf Labels Pose Myriad Risks For Retailers
While electronic shelf labels offer retailers a new way to convey pricing and other product information to consumers, the technology has attracted the attention of U.S. policymakers and consumer advocates, so businesses must assess antitrust, data privacy and discrimination risks before implementation, say attorneys at Baker McKenzie.