Competition

  • August 11, 2025

    Shepherds' Wage-Fixing Suit Survives Another Dismissal Bid

    A Nevada federal court has rejected a ranching association's latest attempt to claim immunity from a proposed class action accusing the association and its members of conspiring to suppress the wages of sheepherders who are working on temporary visas.

  • August 11, 2025

    GTCR Says Sale, Market Nix FTC Med Tech Merger Concerns

    Private equity firm GTCR BC Holdings urged an Illinois federal judge not to block its planned $627 million purchase of a medical device coatings company, arguing in a brief made public Friday that a planned divestiture fully resolves Federal Trade Commission concerns.

  • August 11, 2025

    Hospital Groups Back Challenge Of Merger Notice Overhaul

    A pair of hospital trade associations threw their support behind a U.S. Chamber of Commerce case challenging the Federal Trade Commission's new premerger filing requirements, telling a Texas federal court the agency was wrong to invoke the hospital industry when justifying the changes.

  • August 11, 2025

    What To Watch In Mega Union Pacific-Norfolk Southern Tie-Up

    Union Pacific and Norfolk Southern's bold plan to create the nation's first transcontinental railroad owned by a single firm would transform freight transportation in the U.S., but it must first clear a heightened standard for reviewing mega rail mergers that hasn't yet been tested since the standard was set 24 years ago.

  • August 11, 2025

    DOJ Touts Merger, Rental Algorithm Deals, Eyeing More

    The head of the U.S. Department of Justice's Antitrust Division on Monday touted two recent settlements, in a merger case and in the RealPage algorithmic rent-fixing litigation, as indications that Trump administration enforcers will focus on algorithm-based price-fixing and are willing to "negotiate favorable settlements."

  • August 11, 2025

    Deere Tractor Rivals Get Some Safeguards In FTC Case, MDL

    An Illinois federal judge has denied a motion by three of Deere & Co.'s competitors that were seeking to block distribution of confidential information they had provided to the Federal Trade Commission in its wind-up to an antitrust suit against Deere, but said he would amend existing confidentiality orders with additional safeguards.

  • August 11, 2025

    Amazon Must Reveal Research Funding Info In Antitrust Suits

    A Washington federal judge is forcing Amazon to provide a group of consumers with information regarding the company's alleged ties to antitrust researchers, saying the plaintiffs have presented records suggesting it "has communicated with or funded" various academic authors cited by its expert economist in three related cases.

  • August 11, 2025

    House Lawmakers Probe Antitrust In Sports Broadcasting

    The U.S. House Judiciary Committee is looking into sports broadcasting antitrust concerns, requesting briefings from the country's four largest sports leagues and saying that the 1961 law governing their telecast agreements has expanded an antitrust "blind spot" in today's sports media rights market.

  • August 11, 2025

    Liberty Mutual Nabs FCPA Declination, Will Disgorge $4.7M

    Liberty Mutual Insurance Co. will avoid prosecution under the Foreign Corrupt Practices Act and disgorge nearly $4.7 million over bribes paid by employees of its Indian subsidiary, the U.S. Department of Justice said Monday, in the first FCPA declination since President Donald Trump paused prosecutions under the law.

  • August 11, 2025

    Court Sends German Burford Funding Dispute To Arbitration

    A Delaware federal judge ruled Monday that an agreement between an affiliate of litigation funder Burford Capital and a German entity requires the parties to arbitrate a dispute over an allegedly fraudulent arbitration pact contained in a funding agreement over antitrust litigation.

  • August 11, 2025

    Losing Bidder On Mass. Pike Plazas Wants Docs Released

    A fuel company that lost out to Blackstone-backed Applegreen on a 35-year contract to operate highway service plazas in Massachusetts asked a state court judge to order transportation officials to turn over records of the procurement and bidding process.

  • August 08, 2025

    Greystar Cuts Deal To Exit DOJ's RealPage Price-Fixing Suit

    Greystar Management Services LLC has reached an agreement to resolve rent price-fixing claims brought by the U.S. Department of Justice, which has gone after several landlords allegedly using algorithms to coordinate rent prices, and will cooperate in the case against RealPage, the agency announced Friday.

  • August 08, 2025

    Vape Maker Must Arbitrate Claims Of Distributor Misconduct

    A California federal judge has ordered the owners of a Hong Kong vape maker to arbitrate their claims accusing a competitor of trying to "usurp" their place in the market, concluding that an underlying arbitration agreement was applicable despite the competitor's founder not signing the pact.

  • August 08, 2025

    FTC Maintains Support For Right-To-Repair In Med Robot Case

    The Federal Trade Commission is providing important backing for a surgical repair company's Ninth Circuit bid to revive claims accusing Intuitive Surgical of blocking third parties from refurbishing components for its popular da Vinci surgery robot, in an amicus brief suggesting defending right-to-repair work remains important for the Republican-controlled agency.

  • August 08, 2025

    Advocates Won't Ask Justices To Revive Net Neutrality Rules

    Public interest groups said Friday they have decided not to bring a high court challenge to the Sixth Circuit's decision to overturn the Federal Communications Commission's net neutrality rules, even as they called the ruling "spectacularly wrong."

  • August 08, 2025

    Colleges, Universities Sued Over Early Admissions Offers

    Thirty-two colleges and universities violated federal antitrust laws by sharing data about students admitted through an "early decision" process, reducing competition and inflating tuition by boxing applicants out of potentially more rewarding financial aid packages elsewhere, students alleged in a proposed federal class action on Friday.

  • August 08, 2025

    Papa John's No-Poach Deal Barely Clears Initial Hurdle

    A Kentucky federal judge expressed lingering concerns despite giving initial approval to a $5 million settlement for claims from Papa John's employees over its past use of no-poach provisions in its franchise agreements after rejecting a previous approval bid.

  • August 08, 2025

    Home Depot Gives DOJ More Time To Review $5.5B GMS Deal

    Home Depot has pulled and refiled the notice for its planned $5.5 billion acquisition of building products distributor GMS Inc. in order to give the U.S. Department of Justice additional time to review the transaction for competition concerns.

  • August 08, 2025

    Latest T-Mobile Deal Suggests DOJ-FCC Spectrum Tension

    The Federal Communications Commission declared victory last month in affirmatively clearing T-Mobile's $4.4 billion acquisition of UScellular wireless operations, but the Justice Department appeared far more reluctant in a statement hinting at the wider dynamics of how the Trump administration looks at telecommunications transactions.

  • August 08, 2025

    Iowa PBM Law Challengers Seek Wider Block At 8th Circ.

    Employers and benefit plans challenging an Iowa law aiming to limit pharmacy benefit managers' power to set drug prices will seek Eighth Circuit review of a district court judge's decision from July that temporarily blocked parts of the new policy as preempted by federal benefits law.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • The CFTC Is Shaking Up Sports Betting's Legal Future

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    The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs

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    In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • NCAA Settlement Kicks Off New Era For Student-Athlete NIL

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    A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Trump Antitrust Shift Eases Pressure On Private Equity Deals

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    Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    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.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    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.

  • Texas Targets Del. Primacy With Trio Of New Corporate Laws

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    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.

  • How AI May Reshape The Future Of Adjudication

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    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.

  • When Legal Advocacy Crosses The Line Into Incivility

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    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.

  • Colo. Antitrust Law Signals Growing Scrutiny Among States

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    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.

  • Va.'s Altered Surcharge Law Poses Constitutional Questions

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    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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