Analysis

College Sports Overhaul Still Uncertain Despite Senate Lift

By Alex Lawson

A yearslong effort to comprehensively regulate college sports surged ahead this week with the U.S. Senate's easy approval of bipartisan legislation, but lingering concerns about the bill's NCAA antitrust shield and other fraught policy fights are clouding its future.

Bill attached | Read full article » | Save to favorites »

Texas AG Says ABA Stifling Law School Competition

By Spencer Brewer

The Texas Attorney General announced an investigation into the American Bar Association relating to alleged anticompetitive conduct in the association's accreditation of law schools, claiming Wednesday that the ABA "weaponized its accreditation authority" to push "unconstitutional racial and gender preference requirements."

Read full article » | Save to favorites »

DOJ Calls Meat Plant Workers' Wage-Fixing Deals 'Inadequate'

By Bryan Koenig

The U.S. Department of Justice intervened Tuesday in Colorado federal court antitrust litigation accusing the country's largest meat producers of fixing wages at their beef and pork processing plants, arguing that the class action settlements resolving the case are insufficient because they do nothing to block future wage-fixing.

Statement attached | Read full article » | Save to favorites »

States Back AGs' 6th Circ. Bid To Keep RealPage Rent Claims

By Matthew Perlman

A contingent of 25 states is backing a Sixth Circuit appeal from several other state-level enforcers challenging settlements in private litigation that could block them from seeking damages over claims that landlords used RealPage's software to collude on residential rental rates.

Brief attached | Read full article » | Save to favorites »

Goldman, JPMorgan Beat CDS Rigging Suit For Now

By Katryna Perera

A New Mexico federal court has tossed older claims from a proposed class action accusing JPMorgan, Goldman Sachs and other large banks of conspiring to rig credit default swap auctions, after a New York court ruled on a claims release issue involving a settlement in a related decade-old antitrust case.

Order attached | Read full article » | Save to favorites »

Valve Order Allows 15K Antitrust Arbitrations To Be Closed

By Ben Adlin

A federal judge in Seattle refused Wednesday to issue a preliminary injunction to curb the closure of nearly 15,000 gamers' antitrust arbitrations against entertainment giant Valve Corp., finding that plaintiff Jeffrey Smith failed to show that closing the arbitrations would cause irreparable harm.

Order attached | Read full article » | Save to favorites »

Paramount Gets OK On Deal With State AGs Over Merger

By Rachel Riley

A California federal judge gave the green light Wednesday to a settlement to end a group of state enforcers' challenge of Paramount Skydance's planned $110 billion purchase of Warner Bros. Discovery, saying the resolution reflects a "good faith approach" to alleviate concerns that the merger will stifle entertainment industry competition.

3 documents attached | Read full article » | Save to favorites »

Newsom Signs Law Letting California Target Solo Monopolies

By Craig Clough

California Gov. Gavin Newsom signed a bill Wednesday that expands California's Cartwright Act to allow the state to pursue monopoly and monopsony claims against a solo company, instead of requiring multicompany coordinated conduct, saying the bill is "leveling the playing field" for small businesses. 

Read full article » | Save to favorites »

CMA Concerned About Cash Management Co.'s $6.6B Deal

By Irene Madongo

Britain's antitrust watchdog said Wednesday that cash management business Brink's Co.'s planned $6.6 billion acquisition of NCR Atleos Corp. could substantially reduce competition in the U.K. market following its initial probe into the merger.

1 document attached | Read full article » | Save to favorites »

NJ Can Renew RealPage Antitrust Claims Against REIT

By Isaac Monterose

A New Jersey federal judge has ruled that the state can renew antitrust claims against AvalonBay Communities Inc. in a suit alleging that the real estate investment trust and multiple landlords used RealPage Inc.'s revenue management software to fix rents.

Order attached | Read full article » | Save to favorites »

Aetna Escapes Zelis Repricing Tool Antitrust Case

By Craig Clough

A Massachusetts federal judge granted Aetna's bid Wednesday to dismiss claims against it in consolidated antitrust litigation accusing insurance companies of using Zelis Healthcare's repricing tools to reduce reimbursements paid to healthcare providers, finding an amended complaint failed to plausibly allege that Aetna used the tools.

Order attached | Read full article » | Save to favorites »

PR Rebar Cos. Can't Duck Price-Fixing Claims

By Bryan Koenig

A Puerto Rico federal judge refused Wednesday to let steel rebar companies and one of their executives duck price-fixing claims from construction companies and consumers, citing instant messages discussing the alleged scheme and rejecting arguments that the island hasn't expressly allowed antitrust allegations from indirect buyers.

2 documents attached | Read full article » | Save to favorites »

Mallinckrodt Must Face Painkiller Contract Breach Claims

By P.J. D'Annunzio

A Pennsylvania federal judge maintained a drugmaker's contract violation claims against a pharmaceutical ingredient company for allegedly failing to provide the materials needed to make two kinds of painkillers, but held that the drugmaker's claims of market monopolization fell short.

Memorandum attached | Read full article » | Save to favorites »

Visa, Mastercard Get ATM Fee Antitrust Case Tossed

By Lauren Berg

A Washington, D.C., federal judge handed a win to Visa and Mastercard on Wednesday, dismissing a long-running class action accusing the credit card giants of running afoul of antitrust laws with ATM fee rules that hurt machine owners.

3 documents attached | Read full article » | Save to favorites »

NJ Co. Says PPE Stockpiling Was Chinese Sovereign Activity

By Carolina Bolado

A New Jersey company accused of helping China hoard personal protective equipment to create a monopoly at the start of the COVID-19 pandemic told the Eleventh Circuit that a lower court erred in finding that the allegations fall within the commercial activity exception to sovereign immunity.

3 documents attached | Read full article » | Save to favorites »

3rd Circ. Calls Westlaw AI Fight 'Ordinary Copyright Case'

By Ivan Moreno

The Third Circuit said the first appellate fight over artificial intelligence training and fair use ultimately came down to an "ordinary copyright case," affirming that Ross Intelligence infringed Thomson Reuters' Westlaw headnotes when it used them to train a competing legal research platform.

Opinion attached | Read full article » | Save to favorites »

Amazon, Investor Clash Over Del. Forum Limits On Records

By Jarek Rutz

Amazon.com Inc. and a stockholder seeking company records clashed before the Delaware Supreme Court on Wednesday over whether the investor should be restricted to using those documents in Delaware litigation, with the stockholder arguing the condition is too broad and Amazon saying it protects against duplicative lawsuits in multiple courts.

Read full article » | Save to favorites »

Joby Air Taxi Trade Secrets Suit Against Archer Trimmed

By Linda Chiem

A California federal judge has cleared Joby Aviation to advance a slimmed-down lawsuit alleging rival electric air-taxi developer Archer Aviation misappropriated its trade secrets, but again rejected Archer's counterclaims alleging Joby unfairly jockeyed for government contracts and concealed its pervasive China ties.

Order attached | Read full article » | Save to favorites »

Navigating A Key Inflection Point In Biosimilar Sector M&A

As biosimilar mergers and acquisitions gain notice amid U.S. Food and Drug Administration reforms, a maturing patent framework and a looming patent cliff, companies diversifying into the higher-growth biologics space should align their regulatory, intellectual property and transactional strategies, say attorneys at Skadden.

Read full article » | Save to favorites »

AI Meeting Recaps Pose New Discovery And Privilege Risks

The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

Opinion attached | Read full article » | Save to favorites »

The Law360 Pulse Prestige Leaders: A Look At The Top Firms

Today's most prestigious firms attract top talent and marquee clients while posting record profits. Here's a look at the top 10 firms in this year's Law360 Pulse Prestige Leaders, a ranking of the firms that stand out for their prominence, power and distinction.

Read full article » | Save to favorites »

DOJ Accuses Judges Of Ethics Violations With Press Remarks

By Jack Karp

Several Minnesota federal judges ran afoul of their ethical obligations when they commented on President Donald Trump's immigration policies in a recent news article, the U.S. Department of Justice said in a judicial misconduct complaint filed Wednesday.

Complaint attached | Read full article » | Save to favorites »

Federal Bar Discussion Looks At Courts' Role In Regulating AI

By Bonnie Eslinger

A Federal Bar Association discussion Wednesday in California about AI and how it will be regulated in the United States prompted the Northern District's new chief judge to ask whether Congress' "inability to pass laws" will leave it to the courts "to figure out how we're going to do this."

Read full article » | Save to favorites »

DOJ Atty Picked For Judgeship Probed On Fulton County Raid

By Courtney Bublé

A top U.S. Department of Justice official tapped for a federal judgeship faced questions from Democratic lawmakers on Wednesday about the department's investigation in Fulton County, Georgia, over Trump's allegations of fraud in the 2020 election.

Read full article » | Save to favorites »

Sen. Blackburn Sues Smith For Seizing Phone Records

By James Boyle

U.S. Sen. Marsha Blackburn alleges in a federal complaint filed Wednesday that Jack Smith illegally subpoenaed her phone records as part of an investigation into alleged efforts to overturn the results of the 2020 presidential election.

Complaint attached | Read full article » | Save to favorites »

Blank Rome Seeks Time To Exit LIV Golf's Fla. Office

By Ben Zigterman

Blank Rome LLP on Wednesday filed a limited objection to LIV Golf's motion to reject its sublease at an office building in West Palm Beach, Florida, saying it didn't receive any advance notice and would like until the end of October to transition to a new office.

2 documents attached | Read full article » | Save to favorites »

Roundup

Defamation Litigation Roundup: Candace Owens, Firm DQ

By Theresa Schliep

In this month's review of defamation fights, Law360 highlights a new suit over right-wing media personality Candace Owens and her conspiracy theories about the killing of conservative activist Charlie Kirk, as well as Quinn Emanuel's disqualification from a suit against a former client.

9 documents attached | Read full article » | Save to favorites »

Tort Report: Uber Owes $40M In Abandoned Rider Death Case

By Y. Peter Kang

A $40 million arbitration award in a case over an Uber incident and looming litigation against the federal government over a highly publicized U.S. Immigration and Customs Enforcement raid on a Hyundai-LG plant in Georgia lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

Read full article » | Save to favorites »

Roundup

Hub Hires: Mintz, Foley Hoag, Barclay Damon

By Chris Villani

Boston saw several significant moves across its legal landscape as the summer wound down, with Foley Hoag adding an experienced debt finance attorney from Goodwin Procter, a boutique white collar firm snagging a longtime federal prosecutor, and Mintz getting new leadership for the first time in nearly two decades.

Read full article » | Save to favorites »