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Competition
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August 08, 2025
Brokerage Urges 10th Circ. To Revive NAR Antitrust Suit
A residential brokerage startup is heading to the Tenth Circuit to appeal the toss of its antitrust suit against the National Association of Realtors and several major brokerages, which were accused in Utah federal court of conspiring to block the startup from accessing NAR multiple listing services because it offered lower buyer-broker commissions.
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August 08, 2025
Warner Bros. Faces TM Trial Over 'Ugliest House' Show
A Delaware federal judge ruled Friday that Warner Bros. Discovery cannot avoid a bench trial this month over whether its HGTV show "Ugliest House in America" infringes the trademarks of HomeVestors of America Inc., which owns marks for "We Buy Ugly Houses" and "Ugliest House of the Year" for an annual contest.
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August 08, 2025
Tenn. Athletes Lose Bid To Pause NCAA Eligibility Rules
A Tennessee federal judge has denied four college athletes an injunction that would have paused the NCAA's eligibility bylaws, dashing their hopes of playing college football in the coming season.
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August 08, 2025
Rising Star: Proskauer's Stephen Chuk
Stephen R. Chuk of Proskauer Rose LLP helped poultry giant Sanderson Farms beat $7 billion worth of antitrust claims at trial and scored another jury trial win on behalf of Major League Soccer, earning him a spot among the competition attorneys under age 40 honored by Law360 as Rising Stars.
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August 08, 2025
Taxation With Representation: Latham, Alston & Bird, Orrick
In this week's Taxation With Representation, fiber optic connector systems maker Amphenol Corp. buys CommScope's connectivity and cable solutions business, Blackstone acquires Enverus from private equity firms, investors buy a majority stake in medical device company HistoSonics Inc., and ESPN swaps an equity stake for the National Football League's NFL Network and other intellectual property.
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August 08, 2025
UK Clears Boeing's $4.7B Spirit Aero Deal For Take-Off
The Competition and Markets Authority said Friday that it has given the green light to Boeing's planned $4.7 billion move to buy aircraft parts-maker Spirit AeroSystems after finding that the deal will not harm competition in U.K. markets.
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August 08, 2025
KKR Tries To Steer NHS Landlord Away From Rival £1.8B Bid
Private equity firm KKR made a final attempt on Friday to lure healthcare property manager Assura PLC away from a planned £1.79 billion ($2.4 billion) takeover by Primary Health Properties, claiming that its own terms offer more certainty to shareholders.
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August 07, 2025
NY AG, Ski Resort Square Up Over Resort Divestiture
A New York ski resort operator that bought a competing resort and shut it down must divest that resort to right the antitrust wrong a state judge found it had committed and restore competition to the market, the Empire State is arguing.
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August 07, 2025
Amazon, DC AG Get Antitrust Trial Delayed To May 2027
The District of Columbia's antitrust suit accusing Amazon of not allowing sellers to offer their products for less on other platforms will not make it to trial until closer to mid-2027, after a D.C. judge agreed Wednesday to allow the parties to push back the original trial date by four months.
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August 07, 2025
Google Wants Epic's Claims Tossed After Samsung Deal
Google urged a California federal court to toss the remaining claims in a case from Epic Games that initially accused the tech giant of colluding with Samsung to block app store competition, but now centers on a security feature Google said the court has already addressed.
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August 07, 2025
FTC Urged To Investigate Meta's $14.3B Scale AI Investment
A group of advocacy organizations is calling on the Federal Trade Commission to investigate Meta's recent $14.3 billion investment in Scale AI, saying it fits into a "buy or bury" strategy to eliminate competition.
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August 07, 2025
'Cardiac Pack' IP Suit Is Decades Too Late, NC Judge Says
A North Carolina state court on Thursday dismissed a lawsuit brought by 12 members of North Carolina State University's 1983 "Cardiac Pack" basketball team alleging that the NCAA unduly profited from their name, image and likeness by rebroadcasting footage from their national championship run.
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August 07, 2025
Vast Amazon Customer Class Greenlit In Price-Fixing Case
A Washington federal judge has certified a consumer class encompassing an estimated 288 million people who purchased goods on Amazon's marketplace since 2017, advancing a sweeping antitrust case accusing the e-commerce giant of inflating prices through its merchant policies.
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August 07, 2025
Michigan AG Fights Bid To Pause PBM Price-Fixing Suit
Michigan's attorney general has said there is no reason to pause her price-fixing suit against pharmacy benefit managers Express Scripts and Prime Therapeutics for a pending dismissal motion, urging a federal judge not to put discovery on ice.
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August 07, 2025
HPE-Juniper Judge Shuns More Direct Comment On DOJ Deal
Comments, or complaints, about the controversial U.S. Department of Justice deal permitting Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks must go through the DOJ and will no longer be accepted if submitted directly to the court, the reviewing California federal judge said Wednesday.
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August 07, 2025
Rising Star: Morgan Lewis' Rishi Satia
Soon after Rishi Satia moved back to the Bay Area after years in Washington, D.C., he began representing the companies he'd heard about growing up in Los Gatos, California. In the seven years he's worked for Morgan Lewis & Bockius LLP's antitrust practice, he's represented an array of clients fighting claims they've stifled competition — from tech giants like Google and Qualcomm to the governing body for U.S. cricket teams — earning him a spot among the competition law practitioners under age 40 honored by Law360 as Rising Stars.
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August 07, 2025
7th Circ. Backs $75M In Chicken Price-Fixing Settlements
The Seventh Circuit rejected an appeal from restaurants challenging $75 million in settlements inked in the broiler chicken price-fixing litigation with Koch Foods Inc. and House of Raeford Farms Inc., after finding an analysis of prices failed to show the deals were unreasonable.
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August 07, 2025
CoStar Asks Full 9th Circ. To Revisit Antitrust Ruling For Rival
Commercial real estate information company CoStar Group Inc. and a subsidiary are urging the Ninth Circuit to reconsider its ruling reviving antitrust counterclaims lodged by rival Commercial Real Estate Exchange Inc., which CoStar has accused in a suit of stealing property listing data and copyrighted photos.
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August 07, 2025
UK Gov't Reviews Opt-Out Class Action Regime
The government has announced plans to review whether the opt-out collective action regime "strikes the right balance" between getting money into the hands of consumers and protecting companies from unmeritorious claims, 10 years after its introduction.
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August 07, 2025
NC Biz Court Bulletin: Divorce Dust-Ups And Judicial Rebukes
Litigation in the North Carolina Business Court is heating up this summer with new complaints centered on fears a former state politician's divorce proceedings will impede his companies' operations and accusations that a climate technology company has failed to pay out a former engineer's ownership interest.
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August 07, 2025
Lobby Group Intervenes Over Stagecoach Settlement Funds
The U.K. Competition Appeal Tribunal on Thursday granted a business advocacy group permission to intervene in a hearing over how to distribute the unclaimed remainder of a £25 million ($33.6 million) settlement with rail operator Stagecoach following claims it overcharged London commuters.
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August 07, 2025
UnitedHealth Selling Home Health Branches In DOJ Deal
The U.S. Department of Justice announced a settlement Thursday resolving its Maryland federal court challenge to UnitedHealth's $3.3 billion acquisition of home health and hospice company Amedisys, with the deal requiring the companies to sell at least 164 locations across 19 states.
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August 06, 2025
Gray TV Urges FCC To Stick With Next-Gen Transition
Broadcast behemoth GrayTV says it's time for the Federal Communications Commission to force the finalization of transition to the next generation of television broadcasting, arguing that the old generation services "place broadcasters at a technological disadvantage."
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August 06, 2025
Insulin Collusion Needn't Be 'Clever' To Exist, 2nd Circ. Says
A Second Circuit panel revived safety-net providers' proposed class action claims against Sanofi, Eli Lilly, Novo Nordisk and AstraZeneca on Wednesday that allege the company agreed to limit discount program participation to spike insulin and weight-loss drug costs, with the appeals court rejecting drugmaker arguments that their actions weren't "clever" enough to be collusion.
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August 06, 2025
Valve Won't Pay $21M Arb. Fee In Antitrust Fight, Gamers Say
About 15,000 users of Steam, one of the largest online sellers of video games, have accused the platform's operator, Valve, in a new proposed class action in Washington federal court of refusing to pay its nearly $21 million share in arbitration fees stemming from a series of individual antitrust disputes, in which consumers alleged the company inflated the price it charged for games.
Expert Analysis
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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.
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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.