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Competition
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August 20, 2025
Wash. AG Wins $28M In Fees In Kroger-Albertsons Deal Fight
A Washington judge has awarded the state attorney general's office $28.4 million in legal fees for its efforts to block the merger between Kroger and Albertsons that was also challenged by the Federal Trade Commission, largely rejecting the grocery giants' objections to a total fee request of $32.4 million.
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August 20, 2025
Fed. Circ. Upholds Chinese Wire Duties Amid Commerce Flub
The Federal Circuit has upheld a U.S. Court of International Trade decision affirming antidumping duties on an American company importing aluminum wire and cable from China, finding the government was able to reject an effort to reduce the duty rate despite a purported procedural error.
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August 20, 2025
Schools Say Fee Concerns Doom Financial Aid Fixing Class
Universities accused of conspiring to limit financial aid offerings told an Illinois federal court that concerns raised by an attorney for the students about potential ethical violations involving attorney fees should prevent the court from certifying the class.
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August 20, 2025
Yacht Brokerage Fights Judge's Exclusion Reading
A yacht brokerage trade group urged a Florida federal court to reject a magistrate judge's recommendation freeing a professional liability insurer from covering the group in an antitrust class action, arguing that the magistrate judge misinterpreted a "standard setting" exclusion.
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August 20, 2025
Google To Pay $35M For Australian Search Antitrust Violations
Google has agreed to pay $55 million to settle antitrust claims brought by Australia's competition regulator over deals to preinstall its search engine on Australian phones.
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August 20, 2025
Device Co. Pans FTC's Resistance To $945M Heart Valve Deal
Edwards Lifesciences Corp. is defending its planned $945 million purchase of JenaValve Technology Inc., telling the Federal Trade Commission the deal is the best way to bring a new lifesaving treatment for a heart valve disorder to the market.
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August 20, 2025
State AGs Sidelined From Sandoz Price-Fixing Deal
A group of over 40 states and territories cannot intervene in a $275 million settlement resolving generic-drug price-fixing claims against Sandoz because they only have a nominal interest in the suit that fails to confer standing, a Pennsylvania federal judge said.
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August 20, 2025
4th Circ. Won't Rethink $190M TM Verdict Against Vivint
The Fourth Circuit has declined Vivint Smart Home Inc.'s requests to rethink its decision affirming a $190 million verdict in a case accusing the company of deceiving customers of a rival home security business.
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August 20, 2025
$2.8B BCBS Antitrust Deal Approved With $759M For Attys
An Alabama federal judge has approved a $2.8 billion settlement between Blue Cross Blue Shield and a class of medical providers in a landmark antitrust case, with $759 million going to Whatley Kallas LLP and other law firms for attorney fees and costs.
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August 20, 2025
Consumers Seek Clarification On Stay In NFL, Fanatics Suit
A proposed class of consumers accusing the NFL and its 32 teams of colluding with retailer Fanatics Inc. to monopolize online sales of league-licensed merchandise has asked a New York federal court to clarify whether a stay entered last year pending the outcome of a similar case is still in place.
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August 20, 2025
Ex-Meta Worker Can't Keep Job During Whistleblowing Claim
A former product manager at Meta who says he was sacked for blowing the whistle on the technology giant allegedly inflating its advertising metrics failed to convince a tribunal on Wednesday to reinstate him pending his claim being determined.
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August 19, 2025
Chamber Scorns Bid To Unseal FTC's Dropped Pepsi Complaint
The U.S. Chamber of Commerce has asked a New York federal judge to deny an advocacy group's request to unseal the Federal Trade Commission's abandoned price discrimination case against Pepsi, saying it would reveal "confidential investigatory material that courts routinely keep under seal."
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August 19, 2025
Las Vegas Sun Asks 9th Circ. To Revisit Order Voiding Deal
The Las Vegas Sun has urged the Ninth Circuit to reconsider its decision finding that its joint operating arrangement with the Las Vegas Review-Journal was illegal for lacking U.S. attorney general approval, arguing the Sun could collapse while its competitor maintains a monopoly in the daily newspaper market for a Nevada county.
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August 19, 2025
Sony, PlayStation Gamers Revive Bid For $7.85M Settlement
Gamers who struck a $7.85 million settlement with Sony Interactive Entertainment to resolve their antitrust claims over downloadable game card prices have renewed their motion for preliminary approval of the deal, addressing issues a California federal court found in a previous request, including Sony's provision of account credits.
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August 19, 2025
CoStar Gets Support For 9th Circ. Antitrust Ruling Redo Bid
A group of antitrust scholars, former government officials and a center-left technology industry coalition asked the Ninth Circuit to allow them to file amicus briefs that back CoStar Group Inc.'s request for a rehearing of a Ninth Circuit ruling that revived rival Commercial Real Estate Exchange Inc.'s antitrust counterclaims.
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August 19, 2025
FCC Democrat Poised To Sue If Trump Seeks Her Removal
The Federal Communications Commission's lone Democratic member said this week it would be unlawful for President Donald Trump to attempt to remove her from office and that she's willing to go to court if he tries.
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August 19, 2025
Chancery Dings Marsh McLennan Over Defection Suit Conduct
In sometimes chiding language, a Delaware vice chancellor ruled on Tuesday聽a New York federal judge will go first in a multicourt battle over Delaware-chartered insurance brokerage Marsh McLennan's challenges to employee defections allegedly orchestrated by Howden Holdings Ltd.
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August 19, 2025
FCC Expected To Move Soon On Media Ownership Regs
Republican leaders on the Federal Communications Commission said the agency is likely to soon float rules that would revamp media ownership restrictions.
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August 19, 2025
Live Nation Customers Seek Antitrust Class Certification
Consumers accusing Live Nation of monopolizing the live entertainment industry are asking to certify a class in California federal court covering millions of concertgoers who have allegedly been overcharged for tickets since the concert promotion giant's 2010 merger with Ticketmaster.
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August 19, 2025
TriZetto Wants Nearly $18M In Atty Fees In Trade Secret Fight
Healthcare software company the TriZetto Group has requested nearly $18 million in attorney fees in a decadelong trade secrets legal battle with Syntel Inc., saying its rival's "unreasonable" litigation conduct merits the award.
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August 19, 2025
CMS Defeats 'Hair's Breadth' Star Rating Challenge
Insurance companies challenging the "star" system for rating Medicare Advantage organizations have lost another round in court, with a Texas federal judge saying Elevance Health failed to show federal officials violated the law when rounding down scores.
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August 19, 2025
Insurers Avoid Coverage For Alleged $8.5M Judgment Scheme
Two insurers owed no coverage to companies facing abuse of process claims, a Minnesota federal court ruled in two separate cases decided on the same issues, finding that commercial general liability policies' coverage for malicious prosecution did not apply.
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August 19, 2025
NASCAR Fights Jordan Team's 3rd Bid For Injunction
Facing a third preliminary injunction bid from Michael Jordan's 23XI Racing team, private stock car company NASCAR told a North Carolina federal court that the team still fails to show irreparable harm and is unlikely to prevail at trial.
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August 19, 2025
Generic-Drug Makers To Pay $71M To End Price-Fixing Claims
Glenmark Pharmaceuticals Inc. USA has offered to pay approximately $38 million, and Pfizer Inc. and its generic-drug unit Greenstone LLC have promised to pay roughly $33 million, to settle price-fixing claims by the direct purchasers of generic drugs.
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August 19, 2025
FTC Fights Order Blocking Media Matters Probe
The Federal Trade Commission is appealing a D.C. federal court's order preliminarily blocking an investigation into left-leaning watchdog Media Matters for America over concerns about collusion in the advertising industry and is asking to pause the order for the appeal.
Expert Analysis
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FDIC Rules Rollback Foretells More Pro-Industry Changes
The Federal Deposit Insurance Corp.鈥檚 March withdrawal of Biden-era proposals to tighten brokered deposit rules and impose new corporate governance standards shows that acting chair Travis Hill鈥檚 commitment to reviewing regulations that may restrict growth and innovation for financial institution and fintech companies is unlikely to flag soon, say attorneys at Cooley.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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What Del. Supreme Court LKQ Decision Means For M&A Deals
The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.
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Tracking FTC Labor Task Force's Focus On Worker Protection
The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Electronic Shelf Labels Pose Myriad Risks For Retailers
While electronic shelf labels offer retailers a new way to convey pricing and other product information to consumers, the technology has attracted the attention of U.S. policymakers and consumer advocates, so businesses must assess antitrust, data privacy and discrimination risks before implementation, say attorneys at Baker McKenzie.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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Key Digital Asset Issues Require Antitrust Vigilance
As the digital assets industry continues to mature and consolidate during Trump 2.0, it will inevitably bump up against the antitrust laws in a new way, with potential pitfalls related to merger reviews, conspiratorial or monopolistic conduct, and interlocking directorates, say attorneys at Crowell & Moring.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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Reviving A Dormant Criminal Statute In Antitrust Prosecution
The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.