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Competition
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December 12, 2025
MVP: Winston & Strawn's Jeffrey Kessler
Winston & Strawn LLP's Jeffrey Kessler helped student athletes reach a landmark multibillion-dollar settlement with the NCAA in long-running litigation over the use of name, image and likeness, earning him a spot as one of the 2025 Law360 Competition MVPs.
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December 12, 2025
Shipbuilders, Naval Engineer Spar Over Witness Statements
Shipbuilders and design consultants accused of illegally conspiring to suppress industry wages are clashing with a former naval engineer over what various witnesses told her in support of her proposed class action against the companies.
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December 12, 2025
Taxation With Representation: Cravath, Skadden, Debevoise
In this week's Taxation With Representation, Paramount Skydance Corp. launches a hostile bid for Warner Bros. Discovery, challenging Netflix's deal to acquire the studio and streaming business, IBM acquires data streaming company Confluent, and natural gas company Antero Resources Corp. expands via a deal with HG Energy.
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December 12, 2025
Microsoft Says £2B Class Action Fails To ID Viable Legal Test
Microsoft said at a London antitrust tribunal on Friday that a claim potentially worth £2.1 billion ($2.8 billion) should not be given clearance to continue, arguing the competition lawyer proposing to bring it had not identified a route for it to go to trial.
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December 11, 2025
9th Circ. Upholds Apple App Store Injunction In Epic Fight
The Ninth Circuit mostly affirmed an injunction blocking Apple Inc. from charging developers "prohibitive" commissions on iPhone app purchases made outside its systems on Thursday, handing Epic Games Inc. a partial win in their hotly contested compliance fight while agreeing with Apple that the injunction's commissions ban and certain restrictions are punitive and overbroad.
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December 11, 2025
9th Circ. Won't Rethink Vegas Hotels' Win In Price-Fixing Suit
The Ninth Circuit on Dec. 11 rejected Las Vegas hotel guests' request for the full appeals court to reconsider a panel's August ruling that threw out their proposed class action accusing the casino-hotel operators of using software to illegally inflate room rates.
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December 11, 2025
Epic Systems Is Monopolizing EHR Market, Texas AG Suit Says
Texas Attorney General Ken Paxton hit Epic Systems Corp. with an antitrust suit in state court on Wednesday alleging the company is illegally seeking to monopolize markets for electronic health records software.
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December 11, 2025
Visa Defeats Payments Co.'s 'Muddled' Antitrust Suit
A California federal judge Thursday dismissed a payment solutions company's lawsuit accusing Visa Inc. of monopolizing the card payment processing services market, criticizing the company's latest complaint as being "harder to follow" than one previously tossed and still failing to allege any antitrust injury.
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December 11, 2025
FTC Challenges $725M Construction Adhesives Deal
The Federal Trade Commission filed suit Thursday in New York federal court to challenge a $725 million merger combining Loctite with Liquid Nails, arguing that joining "the clear top two brands of construction adhesives" would drive up costs for home building and improvement.
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December 11, 2025
Visa Escapes Investor Suit Over DOJ Claims
A California federal judge has released Visa from a securities fraud suit accusing it of concealing anticompetitive debit practices that are the subject of a lawsuit filed by the U.S. Department of Justice, saying the plaintiffs did not show that Visa's alleged omissions caused investors losses.
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December 11, 2025
Texas Business Group CEO Resigns After Sexual Assault Suit
The CEO of Texas' largest business association has stepped down after a woman who founded a business advocacy group said he attempted to coerce her into a sexual relationship and then assaulted her when she rejected his advances.
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December 11, 2025
Zillow Cases Over Agent Steering, Kickbacks Merge In Wash.
A Washington federal judge on Thursday appointed Hagens Berman Sobol Shapiro LLP and DiCello Levitt LLP as interim co-lead counsel over consolidated claims that Zillow paid kickbacks to brokers for referrals to its own mortgage services, among other anticompetitive conduct using company agents.
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December 11, 2025
Marketing Agency Accuses Ex-Employee Of Defamation
An online marketing agency has sued a former employee in Colorado state court alleging the former employee engaged in an online "smear campaign" against the agency to steer business to his competitor marketing company.
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December 11, 2025
DOJ-UnitedHealth Deal Requiring Home Health Sale OK'd
A Maryland federal judge signed off on the U.S. Department of Justice settlement resolving its challenge to UnitedHealth's $3.3 billion acquisition of home health and hospice company Amedisys, under a deal requiring the sale of least 164 locations across 19 states.
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December 11, 2025
Connell Foley Beats DQ Bid In NJ Investment Bias Case
A federal judge on Thursday threw out a renewed bid by an investment firm suing the state of New Jersey to disqualify the state's counsel at Connell Foley LLP, finding there was no previous attorney-client relationship to justify disqualification.
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December 11, 2025
Agri Stats Says DOJ Wants To 'Leapfrog' Pork Pricing Claims
Agri Stats urged a Minnesota federal court to reject the Justice Department's bid to "leapfrog" a set of private antitrust cases involving pork prices by using a scheduled May trial for its information sharing claims against the data firm instead.
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December 11, 2025
MVP: Simpson Thacher's Sara Y. Razi
Sara Y. Razi of Simpson Thacher & Bartlett LLP played a key role in defeating a major Federal Trade Commission merger challenge, earning her a spot as one of the 2025 Law360 Competition MVPs.
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December 11, 2025
6th Circ. Panel Shows No Leanings On PBM Jurisdiction Fight
A Sixth Circuit appeals panel gave few hints Thursday on whether it would send back to state court a lawsuit from Ohio alleging that pharmacy benefit managers were driving up prescription prices through rebate schemes.
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December 11, 2025
Microsoft Battles Proposed £2.1B Server License Abuse Claim
A competition lawyer argued at a London antitrust tribunal Thursday that she should be allowed to bring a case potentially worth £2.1 billion ($2.8 billion) on behalf of thousands of businesses against Microsoft for allegedly charging abusive license fees for Windows Server, its server operating system.
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December 11, 2025
FTC, Amazon Want To Delay Antitrust Trial By 7 Weeks
As they try to get back on track after the government shutdown, the Federal Trade Commission and Amazon asked a Washington federal judge Wednesday to push back the start of the antitrust trial accusing the online retail giant of creating an artificial pricing floor.
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December 11, 2025
NASCAR Inks Midtrial Antitrust Deal With Teams
NASCAR has agreed to give its race teams permanent contracts as part of an otherwise confidential settlement that cut short a high-profile antitrust trial in which two teams — including one owned by retired NBA star Michael Jordan — accused it of illegally maintaining a monopoly on premier stock car racing.
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December 11, 2025
Bradley Arant Adds Former Hilgers Graben Name Partner
Bradley Arant Boult Cummings LLP has strengthened its litigation practice with a partner in Dallas who came aboard from Hilgers Graben PLLC, where he was a founder of that firm's Dallas shop.
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December 10, 2025
Feds Drop 2 FIFA Bribery Cases Despite Appellate Win
Brooklyn federal prosecutors are dropping criminal cases against a former 21st Century Fox executive and an Argentine sports marketing company in the long-running FIFA corruption probe, just months after successfully appealing the dismissal of their honest-services fraud conspiracy convictions.
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December 10, 2025
VLSI, PQA Square Off Again Over Conspiracy Claims In Va.
A Virginia state judge spent two hours Wednesday working through whether VLSI Technology LLC should be able to proceed with its claims that Patent Quality Assurance LLC violated state law during its successful challenge to a VLSI chip patent.
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December 10, 2025
2nd Circ. Tosses Lego Rival's Appeal In IP Fight Over Figurine
The Second Circuit on Wednesday dismissed a Lego rival's appeal challenging an order blocking the sale of its Third-Generation figurines, finding it lacked appellate jurisdiction since the district court correctly found the figurines fell within the ambit of an existing injunction due to a likelihood of confusion with Lego's Minifigure.
Expert Analysis
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10 Commandments For Agentic AI Tools In The Legal Industry
Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.
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Series
Preaching Makes Me A Better Lawyer
Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.
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And Now A Word From The Panel: A New Rule For MDLs
With a new federal rule of civil procedure dedicated to multidistrict litigation practice taking effect this month, MDL watchers will be keeping on eye on whether the rule effectively serves its purpose of ensuring that only supportable claims proceed in MDLs, says Alan Rothman at Sidley.
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FTC Focus: Amazon's $2.5B Pact Broadens Regulatory Span
Amazon's $2.5 billion deal with the Federal Trade Commission offers takeaways for counsel managing risk across both consumer protection and competition portfolios, including that design strategies once evaluated solely for conversion may now be scrutinized for their competitive effects, say attorneys at Proskauer.
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Series
Law School's Missed Lessons: Practicing Client-Led Litigation
New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.
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Meta Monopoly Ruling Highlights Limits Of Market Definition
A D.C. federal court's recent ruling that Meta is not monopolizing social media raises questions, such as why market definition matters and whether we have the correct model of competition, which can aid in making a stronger case against tech companies, says Shubha Ghosh at the Syracuse University College of Law.
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Series
The Law Firm Merger Diaries: How To Build On Cultural Fit
Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.
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The Future Of Digital Asset Oversight May Rest With OCC
How the Office of the Comptroller of the Currency handles fintechs' growing interest in national trust bank charters, demonstrated by a jump in filings this year, will determine how far the federal banking system extends to digital assets, and whether the charter becomes a mainstream supervisory pathway, say attorneys at Sheppard Mullin.
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Fashion Giants' €157M Fine Shows Price-Fixing Not In Vogue
The European Commission’s recent substantial fining of fashion houses Gucci, Chloé and Loewe for resale price maintenance in a distribution agreement demonstrates that a wide range of activities is considered illegal, and that enforcement under EU competition law remains a priority, says Matthew Hall at McGuireWoods.
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Considerations When Invoking The Common-Interest Privilege
To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.
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Series
The Law Firm Merger Diaries: Making The Case To Combine
When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.
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What To Watch As NY LLC Transparency Act Is Stuck In Limbo
Just about a month before it's set to take effect, the status of the New York LLC Transparency Act remains murky because of a pending amendment and the lack of recent regulatory attention in New York, but business owners should at least prepare for the possibility of having to comply, says Jonathan Wilson at Buchalter.
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Opinion
Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar
Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.
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Rule Amendments Pave Path For A Privilege Claim 'Offensive'
Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.
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Series
My Miniature Livestock Farm Makes Me A Better Lawyer
Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.