Insurers and health plans told a Ninth Circuit panel on Thursday that a lower court was wrong to toss their claims that Gilead orchestrated a product-hop scheme for its HIV drugs ahead of trial and for not seeing a price drop as evidence of an alleged agreement with Teva to delay generics.
Law360
Competition
FRIDAY, OCTOBER 10, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

9th Circ. Probes Buyers On HIV Drug Antitrust Claims

By Matthew Perlman

Insurers and health plans told a Ninth Circuit panel on Thursday that a lower court was wrong to toss their claims that Gilead orchestrated a product-hop scheme for its HIV drugs ahead of trial and for not seeing a price drop as evidence of an alleged agreement with Teva to delay generics.

Read full article » | Save to favorites »

Pet Owner Keeps State, But Not Fed., Elanco Tick Meds Suit

By Bryan Koenig

Advantix flea-and-tick medication maker Elanco Animal Health Inc. partially ducked a consumer proposed class action by convincing an Indiana federal judge to cut federal antitrust claims, but still must face state law allegations accusing it of paying off PetSmart, Petco and Chewy not to carry generic versions.

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

7th Circ. Denies Rehearing In Harley-Davidson Warranty Case

By Matthew Perlman

The Seventh Circuit again affirmed the dismissal of customers' challenge to terms and conditions in Harley-Davidson's motorcycle warranties that limit coverage when third-party parts are used.

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

Judge Seeks NCAA Ruling's Impact On Tenn. Player's Suit

By David Steele

With an appeal by the NCAA over an injunction permitting Vanderbilt University quarterback Diego Pavia to continue playing football tossed out by the Sixth Circuit last week, a Tennessee federal judge has given the NCAA and a former college basketball player until Oct. 30 to explain how the ruling affects a separate challenge to the organization's eligibility rules.

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

LITIGATION

X, XAI Say Texas Best, Fastest Court For OpenAI-Apple Suit

By Bryan Koenig

X Corp. and xAI urged a Texas federal judge not to transfer from the Northern District of Texas' Fort Worth Division their suit accusing Apple and OpenAI of anticompetitively edging out other artificial intelligence companies through a deal integrating ChatGPT into iPhones, stressing the speed of their chosen forum.

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

Brokerage Urges 10th Circ. To Revive NAR Antitrust Suit

By Isaac Monterose

A residential brokerage startup has pushed the Tenth Circuit to reinstate its permanently dismissed antitrust suit against the National Association of Realtors and multiple brokerages, which were accused in Utah federal court of conspiring against the startup because it offered lower buyer-broker commission fees.

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

BeFrugal Marketing Firm Says Exec Steered Clients To Rival

By Julie Manganis

Affiliate marketing firm BeFrugal said in a lawsuit this week in Massachusetts state court that a senior vice president secretly co-founded a competing company, then steered major clients, including DirecTV and Samsung, to the new business.

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

Photo Editing Software Co. Faces Patent Infringement Suit

By Abigail Harrison

A patent protection services firm told a North Carolina federal court Wednesday that a photo editing software company has knowingly infringed three of its patents related to advanced image processing.

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

EXPERT ANALYSIS

Mich. Ruling Narrows Former Athletes' Path To NIL Recovery

A federal judge's recent dismissal of a name, image and likeness class action by former Michigan college football players marks the third such ruling this year, demonstrating how statutes of limitation and prior NIL settlements are effectively foreclosing these claims for pre-2016 student-athletes, say attorneys at Venable.

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

Strategies For Defending Banks In Elder Abuse Cases

Several recent cases demonstrate that banks have plenty of tools to defend against claims they were complicit in financial abuse of older adults, but financial institutions should also continue to educate customers about third-party scams before they happen, say attorneys at Troutman.

Read full article » | Save to favorites »

Series

Painting Makes Me A Better Lawyer

Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.

Read full article » | Save to favorites »

LEGAL INDUSTRY

Sullivan & Cromwell Impersonators Hit With NY Fraud Claims

By Emily Sawicki

New York Attorney General Letitia James is attempting to take down a slew of businesses whose names are variants of Sullivan & Cromwell LLP, accusing them of attempting a scheme to fraudulently redirect checks meant for the global corporate law firm.

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

Analysis

False-Statement Case Puts Comey In Rare Company

By Phillip Bantz

Former FBI director James Comey is the latest addition to the relatively short list of government officials who have been criminally charged over the past several decades with making false statements to Congress.

Read full article » | Save to favorites »

NY Atty General Indicted Following Pressure From Trump

By Lauren Berg

New York Attorney General Letitia James was indicted in Virginia federal court Thursday on charges related to mortgage fraud, three weeks after President Donald Trump wrote a social media post encouraging U.S. Attorney General Pam Bondi to take action because James and two other political opponents were "guilty as hell."

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

Tort Report: Nuked 'Nuclear Verdict' Stays, Texas Justices Say

By Y. Peter Kang

The fate of a "nuclear verdict" that was used to jump-start tort reform campaigns across the country and a settlement of a suit over a Kiss guitar technician's death lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

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

Jenn Mascott Of WH Counsel's Office Confirmed To 3rd Circ.

By Courtney Bublé

The Senate voted 50-47 on Thursday to confirm Jenn Mascott, currently serving in the White House Counsel's Office, to the Delaware seat on the Third Circuit.

Read full article » | Save to favorites »

7th Circ. Nominee Taibleson Advances To Full Senate

By Courtney Bublé

The Senate Judiciary Committee advanced on party lines the nomination of Rebecca Taibleson, a federal prosecutor in Wisconsin, to serve on the Seventh Circuit, as well as four district judicial nominees and five U.S. attorney nominees.

Read full article » | Save to favorites »

Baldoni Atty Faces LA Malpractice Suit Over Client 'Betrayal'

By Emily Sawicki

Entertainment attorney Bryan Freedman has been accused in Los Angeles County Superior Court of turning his back on a former client, allegedly convincing him to sign an unfavorable settlement on trademark claims against "It Ends With Us" star Justin Baldoni, only to later begin representing the actor and director.

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

Calif. Supreme Court Justice Martin Jenkins To Retire

By James Mills

California Supreme Court Justice Martin J. Jenkins, the first openly gay man and the third African American man to sit on the bench, will retire at the end of October, the court announced Thursday.

Read full article » | Save to favorites »

Weinstein Says Jurors Traded Threats, Tainting Verdict

By Cara Salvatore

Harvey Weinstein's legal team said his June sexual assault convictions were tainted by juror misconduct, including physical threats and an unfounded bribery claim, arguing in a motion for a new trial that a judge refused to properly investigate.

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

Promo that reads Law360 Pulse Summer Associates Survey: Part 2 Promo that reads 2025 Regional Powerhouses

LAW FIRMS IN TODAY'S NEWS

Aidala Bertuna

Arnold & Porter

Axinn Veltrop

Berry Silberberg

Boies Schiller

Bursor & Fisher

Carrington Coleman

CohenMalad

Cooley LLP

Covington & Burling

Crowell & Moring

Dhillon Law Group

Dorsey & Whitney

Dykema

Fabian VanCott

Faegre Drinker

Garza Law Firm PLLC

Goodwin Procter

Gouchev Law

Hagens Berman

Hilliard Shadowen

Holland & Knight

Hoover Hull

Jones Day

Kellogg Hansen

Kelly Hart

Kirkland & Ellis

Liner Freedman

Lowell & Associates

Lynn Pinker

Morgan Lewis

Morse Barnes-Brown

Nelson Mullins

Parsons Behle

Quinn Emanuel

Sullivan & Cromwell

Troutman

Venable LLP

Wachtell Lipton

Wilkinson Stekloff

Williams Dirks

Wolf Haldenstein

Zelle LLP

COMPANIES IN TODAY'S NEWS

Adobe Inc.

Amazon.com Inc.

American Family Association

American Tort Reform Association

Anywhere Real Estate Inc.

Apple Inc.

Bayer AG

Becton Dickinson & Co.

Big Ten Network LLC

CVS Health Corp.

Cargill Inc.

Chewy Inc.

Citigroup Inc.

Democracy Forward Foundation

Democratic National Committee

Elanco Animal Health Inc.

Federalist Society

Gilead Sciences Inc.

Harley-Davidson Inc.

HomeServices of America Inc.

JPMorgan Chase & Co.

Live Nation Entertainment Inc.

Major League Baseball Inc.

Marriott International Inc.

National Association of Realtors

National Collegiate Athletic Association

Navy Federal Credit Union

Ohio State University

OpenAI OpCo LLC

Pacific Bells LLC

PetMed Express Inc.

PetSmart Inc.

Petco Animal Supplies Inc.

Public Citizen Inc.

Rite Aid Corp.

Samsung Electronics Co. Ltd.

Seattle Seahawks

Teva Pharmaceutical Industries Ltd.

The Catholic University of America

The DIRECTV Group Inc.

Twitter Inc.

Werner Enterprises Inc.

WikiLeaks

X Corp.

YouTube Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

Central Intelligence Agency

Commonwealth of Massachusetts

Consumer Financial Protection Bureau

Federal Bureau of Investigation

Federal Housing Finance Agency

Federal Trade Commission

Georgia Court of Appeals

Manhattan District Attorney's Office

New York Attorney General's Office

New York County District Attorney's Office

New York State Department of State

New York Supreme Court, New York County

Texas Supreme Court

U.S. Attorney's Office for the Eastern District of North Carolina

U.S. Attorney's Office for the Eastern District of Virginia

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the District of South Carolina

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of North Carolina

U.S. District Court for the Eastern District of Tennessee

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Middle District of Tennessee

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of New York

U.S. House of Representatives

U.S. Senate

U.S. Supreme Court

United Nations

United States District Court for the Southern District of Indiana

United States District Court for the Southern District of Ohio