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Competition

  • August 26, 2025

    Google Backers Cite Security, Competition To 9th Circ.

    Trade groups, cybersecurity experts, think tanks and others backed Google with proposed Ninth Circuit amicus briefs arguing that an order affirmed by an appeals panel opening up the Play Store will upend competition and endanger security.

  • August 26, 2025

    PE Firm Escapes Patients' Anesthesia Antitrust Claims

    A Texas federal court tossed claims against Welsh Carson Anderson & Stowe from a proposed class of patients accusing the private equity firm of monopolizing the anesthesiology market through a series of acquisitions, but let claims against a company it formed proceed.

  • August 26, 2025

    Blacklist Suit Blocked By Illegal Biz Ties, Justices Told

    LegitScript has asked the U.S. Supreme Court to intervene against the Ninth Circuit's decision to make it face PharmacyChecker.com's antitrust blacklisting claims, arguing the lower court rulings wrongly allow PharmacyChecker to sue to protect a business focused on facilitating the illegal importation of drugs.

  • August 26, 2025

    'Belief' Insufficient For Trade Secrets Claims, NC Biz Judge Says

    A trio of healthcare and real estate companies couldn't secure a preliminary injunction meant to prevent their former CEOs from disclosing or using alleged trade secrets, as North Carolina's business court ruled the amended complaint relied too heavily "on information and belief."

  • August 26, 2025

    Feds Look To Dismiss Calif. Tribe's $700M Casino Dispute

    The U.S. Department of the Interior, with the backing of two tribes and the California Gaming Association, is looking to dismiss a lawsuit over its decision to temporarily nix eligibility for a proposed $700 million casino and hotel project, arguing it doesn't constitute a final agency action under the Administrative Procedure Act.

  • August 26, 2025

    HPE's Trump-Tied Lobbyists Cast 'Pall' Over Merger Review

    The firing of two senior officials in the U.S. Department of Justice's Antitrust Division who complained after being forced to accept a merger clearance settlement has caused many practitioners to question whether the traditional separation between competition enforcement and other White House priorities is a thing of the past.

  • August 26, 2025

    Texas Injury Firm Says Ex-Atty's Rival Firm Copied Slogan

    A Houston personal injury attorney has accused a former employee of opening a rival law firm and copying its longtime slogan.

  • August 26, 2025

    Court Asked To Reconsider Burford Capital Arb Fight Ruling

    German entity Financialright Claims GmbH is urging a Delaware federal court to reconsider a decision ordering the company to arbitrate its dispute with a Burford Capital affiliate over an allegedly fraudulent arbitration pact, saying "a clear error of law" in the ruling needs to be corrected.

  • August 26, 2025

    White & Case-Led EchoStar Sells Spectrum To AT&T For $23B

    Telecommunications company EchoStar, advised by White & Case LLP, on Tuesday unveiled plans to sell certain wireless spectrum licenses to AT&T in a $23 billion all-cash deal.

  • August 26, 2025

    Dick's Sporting Goods Gets $2.4B Foot Locker Deal Cleared

    Dick's Sporting Goods Inc. said Tuesday that the waiting period has expired for its planned $2.4 billion purchase of Foot Locker, after it had previously given the Federal Trade Commission additional time to review the deal.

  • August 26, 2025

    Shipbuilders Push To Escape Revived No-Poach Claims

    A Fourth Circuit decision that revived a proposed class action accusing some of the country's biggest warship makers and naval engineering consultants of participating in an illegal no-poach conspiracy to suppress wages leaves a Virginia federal judge free to dismiss the case, according to the companies.

  • August 25, 2025

    DOJ Antitrust Whistleblowers May Find Ally At The Post Office

    The U.S. Department of Justice's new whistleblower program brings the Antitrust Division in line with other programs across the DOJ and at other agencies, although it may have a particularly broad scope thanks to a unique partnership with the U.S. Postal Service.

  • August 25, 2025

    Build-A-Bear, Kelly Toys Settle TM Suit Over Stuffed Toys

    Build-A-Bear Workshop Inc. and Kelly Toys Holdings have settled a dispute in California federal court over stuffed toys in which Kelly Toys claimed Build-A-Bear's Skoosherz toys copied its popular Squishmallow line. 

  • August 25, 2025

    Epic Says Google Ought To Pay Up For Play Store Fight

    While Google is busy appealing a ruling mandating that it open up its Play store, Epic Games isn't waiting to ask a California federal judge to order the technology titan to pay the $180 million in legal bills it racked up over the course of the five-year court battle.

  • August 25, 2025

    Ticket Resellers Flag Case Challenging FTC's Bots Probe

    Ticket brokers accused by the Federal Trade Commission of bypassing Ticketmaster limits to buy and resell hundreds of thousands of concert tickets, including for the Taylor Swift Eras Tour, have a previously pending case that seeks to block the agency's enforcement action.

  • August 25, 2025

    DOJ Wants $10.5M From Convicted Nursing Exec For Fraud

    U.S. Department of Justice prosecutors asked a Nevada federal judge Friday for a $10.5 million preliminary forfeiture order against a nurse staffing executive convicted of wage-fixing, an amount that matches what he was paid for his staffing company after deceiving the buyer into thinking there was no criminal antitrust investigation.

  • August 25, 2025

    X Sues Apple, OpenAI For Cutting 'Anticompetitive' Deal

    Billionaire Elon Musk on Monday made good on a promise that his artificial intelligence venture xAI would lodge an antitrust suit against Apple Inc. and OpenAI Inc. to target the companies' deal that integrated ChatGPT into the iPhone operating system, telling a Texas federal judge the arrangement stifles competition.

  • August 25, 2025

    Economists Say FCC Copper Line Phaseout Needed

    Several outside economists told the Federal Communications Commission that its plan to phase out legacy copper telecommunications lines represents a rare chance to modernize FCC rules and should rank as a top priority.

  • August 25, 2025

    Epic's 9th Circ. Case Against Apple Draws Amicus Support

    Epic Games has received backing from state enforcers, Microsoft, Spotify and others as the Fortnite developer opposes Apple's Ninth Circuit appeal challenging an order blocking commissions on purchases made outside of Apple's own app payment system.

  • August 25, 2025

    Perkins Coie Grows Litigation Group With Ex-Calif. Deputy SG

    Perkins Coie LLP has continued expanding its litigation team with former state and federal prosecutors, announcing Monday it is bringing in the former deputy solicitor general of California as a partner in its San Diego office.

  • August 25, 2025

    Generic-Drugs Group Asks 9th Circ. To Nix Pay-For-Delay Law

    A trade group for generic drugmakers urged the Ninth Circuit to fully scrap a California law banning brand pharmaceutical companies from paying to delay generics competition, in a brief targeting both the law's in-state features upheld by a district court and the extraterritorial reach the state wants revived.

  • August 25, 2025

    3 Firms Steer $18.4B Keurig Dr Pepper, JDE Peet's Coffee Deal

    Keurig Dr Pepper will acquire JDE Peet's in an approximately $18.4 billion deal that aims to create a "global coffee champion" through the combination of the Keurig brand single-serve coffee platform and JDE Peet's coffees, the companies announced Monday, with three law firms guiding the transaction. 

  • August 22, 2025

    Basketball Player Misses Shot At NCAA Early Waiver

    A Nashville federal judge Friday declined to grant a Division I college basketball player another year of eligibility, finding that the student-athlete has not shown how the National Collegiate Athletic Association's eligibility rules run afoul of antitrust law.

  • August 22, 2025

    WVU Athletes Win Injunction Against NCAA Eligibility Rule

    Four West Virginia University athletes have won their bid to play another year of football, with a federal judge granting a preliminary injunction that prohibits the National Collegiate Athletic Association from enforcing its eligibility rules, saying some evidence shows they harm competition.

  • August 22, 2025

    Startup Accelerator Backs Epic In Apple Case At 9th Circ.

    Startup accelerator Y Combinator is backing Epic Games as Apple asks the Ninth Circuit to nix an order blocking it from charging commissions on app purchases made outside its payment system, telling the appeals court Apple "blatantly violated" a previous order.

Expert Analysis

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    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • The Legal Risks Of US Restrictions On Investments In China

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    The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • 4 Ways Slater Is Priming DOJ For Continued Antitrust Success

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    Just as Jonathan Kanter did during his recent tenure leading the U.S. Department of Justice's Antitrust Division, Assistant Attorney General Gail Slater is following the effective blueprint set by Thurman Arnold when he modernized the division more than 80 years ago, says Perry Apelbaum at Kressin Powers.

  • What EU 'Killer Acquisition' Study Means For Pharma Deals

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    The European Commission’s recent study of pharmaceutical companies' acquisitions of emerging competitive threats, the first of its kind globally, has important implications for the industry, and may lead to increased awareness of merger control risks in collaborative agreements, say lawyers at Paul Weiss.

  • Why Texas Should Slow Down On Healthcare Merger Bills

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    More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • Big Tech M&A Risk Under Trump May Resemble Biden Era

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    Merger review under the Trump administration may not differ substantially from merger review under the Biden administration, particularly in the Big Tech arena, in which case dealmakers and investors should shift the antitrust discount on M&A deals upward, says Jonathan Barnett at the University of Southern California Gould School of Law.

  • Takeaways From DOJ's 1st Wage-Fixing Jury Conviction

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    U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.

  • FTC Focus: Interlocking Directorate Enforcement May Persist

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    Though the Federal Trade Commission under Chair Andrew Ferguson seems likely to adopt a pro-business approach to antitrust enforcement, his endorsement of broader liability for officers or directors who illegally sit on boards of competing corporations signals that businesses should not expect board-level antitrust scrutiny to slacken, says Timothy Burroughs at Proskauer.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Navigating The Expanding Frontier Of Premerger Notice Laws

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    Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.

  • Evolving Federal Rules Pose Further Obstacles To NY LLC Act

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    Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

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