Competition

  • January 22, 2025

    Hotel Guests Urge 3rd Circ. To Revive Algorithmic Pricing Suit

    Guests accusing Atlantic City hotel-casino owners of inflating room rates by using the same software have told the Third Circuit that a lower court was wrong to rely on a similar case targeting room rates in Las Vegas when dismissing their claims.

  • January 22, 2025

    Vanderbilt QB, NCAA Want Eligibility Suit Paused Amid Appeal

    Vanderbilt University star quarterback Diego Pavia and the NCAA have asked to pause Pavia's lawsuit that challenges NCAA eligibility rules, pending the organization's appeal to the Sixth Circuit of a recent decision granting him an additional year of eligibility.

  • January 22, 2025

    Connell Foley Fights DQ Bid In Investment Firm's Bias Suit

    A group of current and former New Jersey state officials blasted a motion to disqualify their counsel at Connell Foley LLP in a discrimination suit from a Black-owned investment firm in New Jersey federal court, calling the move a frivolous and bad faith stalling tactic.

  • January 22, 2025

    Case Removal Rules Aimed At Fairness, Ex-Atty Tells 5th Circ.

    Several Fifth Circuit judges seemed keen Wednesday to clarify what activity in state court would bar litigants from removing their cases to federal court, as the full appeals court reconsidered a remand order for a Houston firm's poaching suit.

  • January 22, 2025

    Snooker Star's Biz Files £10M Claim Over Player Contracts

    A company part-owned by snooker world champion Ronnie O'Sullivan has lodged a claim with the Competition Appeal Tribunal over contract terms that prevent players from taking part in tournaments not organized by the sport's major governing body.

  • January 21, 2025

    Walmart Settles IP Suits Over Ugg, Hoka, Teva Footwear

    Walmart Inc. is settling a couple of trade dress and patent infringement lawsuits Deckers Outdoor Corp. lodged that accused the retail giant of ripping off several UGG, Hoka and Teva boot and slipper designs, according to notices the companies filed Friday in California federal court.

  • January 21, 2025

    Intuitive Seeks Midtrial End To Robo-Surgery Antitrust Suit

    Before calling its first defense witness Tuesday, Intuitive Surgical urged a federal judge to find in its favor in a trial over claims that it abused its market dominance by blocking third parties from refurbishing a component of its da Vinci surgery robot, saying there's no evidence of an unlawful tying arrangement.

  • January 21, 2025

    Court Tosses Yacht Sale Broker Fee Antitrust Case, For Now

    A Florida federal court dismissed a case on Tuesday from boat sellers alleging they paid inflated broker fees when selling used vessels through yacht listing services, but will allow the sellers to file an amended complaint.

  • January 21, 2025

    AI Auto Damage-Assessing Giant Settles Monopoly Claims

    Tractable Inc. and CCC Intelligent Solutions have reached a deal to end their trade secrets and antitrust dispute, after Tractable accused CCC of leveraging its dominant share of the auto collision-assessment market to stifle consumer choice and increase prices.

  • January 21, 2025

    Colo. City Blocking Fiber Co. For Own Benefit, Suit Says

    Colorado's second-biggest city has been denying a fiber internet company access to its utility easements because it doesn't want it competing with the city's own internet service, Metronet claims in a new lawsuit.

  • January 21, 2025

    ACC Asks Fla. High Court To Pause FSU's Suit

    The Atlantic Coast Conference said Tuesday that it intends to ask the Florida Supreme Court to take up its bid to halt Florida State University's grant-of-rights contractual lawsuit in favor of the conference's action in North Carolina.

  • January 21, 2025

    DOJ Fights Visa's Bid To Duck Monopoly Case

    The U.S. Department of Justice urged a New York federal court not to toss its case accusing Visa of illegally maintaining a monopoly over debit card networks, saying the company's dismissal bid misconstrues the law and wrongly tries to expand the market at issue.

  • January 21, 2025

    TTAB Shuts Down USA Ham's Bid To Register Meat Mark

    The Venezuelan owner of meat company La Montserratina won its challenge to a U.S.-based company's bid to register the mark for its own products after the Trademark Trial and Appeal Board found the "applicant's copying capitalizes on" the South American company's reputation.

  • January 21, 2025

    Womble Bond Atty Appeals Contempt Ruling To 4th Circ.

    A Womble Bond Dickinson partner is appealing a North Carolina federal judge's December ruling holding him in contempt of court for failing to correct misrepresentations he allegedly made to a Dutch tribunal in parallel litigation involving a software developer and its former Dutch partner.

  • January 21, 2025

    FTC Gives Nod To Chevron's $53B Hess Buy, With Conditions

    The Federal Trade Commission has formally approved a consent order resolving antitrust concerns over Chevron Corp.'s planned $53 billion acquisition of Hess Corp., one that bars CEO John Hess from joining the combined company's board.

  • January 21, 2025

    Pactiv Evergreen's $6.7B Sale To Novolex Goes Unchallenged

    Food merchandising product maker Pactiv Evergreen on Tuesday revealed that the waiting period for its $6.7 billion merger with packaging products manufacturer Novolex has expired, clearing the path for the deal to close.

  • January 21, 2025

    Former DOJ Antitrust Leader Joins Cravath From Paul Weiss

    The former co-chair of Paul Weiss Rifkind Wharton & Garrison LLP's antitrust practice group, who previously served as the ranking deputy at the U.S. Department of Justice's Antitrust Division, has joined Cravath Swaine & Moore LLP as a New York-based litigation partner. 

  • January 21, 2025

    Trump Orders Federal Workers Back To Office

    On his first day back in the Oval Office, President Donald Trump ordered federal workers back to theirs.

  • January 21, 2025

    British Gas And E.ON Fight To Overturn Gov't Buyout Of Rival

    Energy suppliers British Gas and E.ON urged the Court of Appeal on Tuesday to give them a second chance to argue that the government mishandled the taxpayer-supported buyout by Octopus Energy of a collapsed rival amid skyrocketing energy prices.

  • January 21, 2025

    Class Action Reps Face Tougher Bar On Leadership Capability

    The recent outright refusal by the Competition Appeal Tribunal to certify a class action against Amazon and Apple due to concerns over the "independence" of the proposed class representative indicates the CAT's toughening approach to the suitability of those selected to lead high-value consumer claims.

  • January 17, 2025

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.

  • January 17, 2025

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 20, 2025

    Trump, Musk Sued By Nonprofits Over DOGE Transparency

    Public Citizen and other nonprofits hit the Trump administration with multiple lawsuits seeking to shut down the new Department of Government Efficiency in D.C. federal court Monday, alleging the Elon Musk-led advisory committee targeting government waste lacks requisite transparency guardrails to prevent DOGE from solely advancing private interests.

  • January 20, 2025

    Law Prof Wins Battle To Lead £2.7B Amazon Class Action

    The Competition Appeal Tribunal ruled on Monday that a law academic can act as the representative in a proposed class action against Amazon, deciding that the professor presented a more viable claim than a trade organization also vying for the role.

  • January 17, 2025

    No Conflict In Judge's Friendship, John Deere, Farmers Say

    John Deere and the farmers suing it in a right-to-repair suit said they have no concerns about the potential conflict of interest an Illinois federal judge flagged, saying there was "no reason" for the jurist to recuse himself, according to a joint letter filed by the parties.

Expert Analysis

  • Expect More State Scrutiny Of PE In Healthcare M&A

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    While a California bill that called for increased antitrust scrutiny of many healthcare private equity transactions was recently vetoed by the governor, state legislatures are likely to continue introducing similar laws, particularly if the Trump administration eases federal enforcement, say attorneys at Morgan Lewis.

  • How Boards And Officers Should Prep For New Trump Admin

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    In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.

  • Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships

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    The U.S. Supreme Court recently declined to review the Fourth Circuit's Brewbaker decision, a holding that heightens the burden on antitrust prosecutors when the target companies have a hybrid horizontal-vertical relationship, but diverges from other circuits, say attorneys at Troutman Pepper.

  • Opinion

    FTC Actions In Oil Cases Go Against Its Own Rulemaking

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    Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • 9th Circ.'s High Bar May Limit Keyword Confusion TM Claims

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    A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • FTC Focus: Zeroing In On Post-Election Labor Markets

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    The presidential election and the push-and-pull of the administrative state's reach are likely to affect the Federal Trade Commission's focus on labor markets, including the tenor of noncompete rule enforcement, say attorneys at Proskauer.

  • OpenAI's Patent Pledge Is Not All It Seems

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    A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • Expect Surging Oil And Gas Industry Under New Trump Admin

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    Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.

  • Opinion

    The Right Kind Of Deregulation In Commercial Airline Industry

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    Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Marching In On Orange Book Drugs May Have Limited Effect

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    Statistical analysis shows that marching in on Orange Book drug patent holders to require additional licensees would have a relatively minimal impact on drug prices, and should be weighed against the harms it could have on pharmaceutical innovation, say researchers at Competition Dynamics.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

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