Competition

  • April 15, 2025

    Dems Back Ex-FTC Commissioners In Firing Suit

    Most of the sitting Democrats in Congress have thrown their support behind a lawsuit challenging the president's recent firing of two Federal Trade Commission members, telling a D.C. federal court the commission is meant to be an independent bipartisan agency.

  • April 15, 2025

    39 AGs Urge Congress To Ban PBM Pharmacy Ownership

    A bipartisan coalition of attorneys general have urged congressional leadership to pass legislation banning pharmacy benefit managers, their parent companies and affiliates from owning and operating pharmacies in order to boost competition and fairness.

  • April 15, 2025

    9th Circ. Backs $272M Verdict For Monster In Bang Ad Case

    The Ninth Circuit on Tuesday affirmed a $272 million verdict for Monster Energy Co. in a false advertising case against defunct Vital Pharmaceuticals Inc. and its former CEO, rejecting a series of challenges to rulings that narrowed the evidence at trial.

  • April 15, 2025

    NCAA Transfer Player Seeking Extra Season Denied By Judge

    A West Virginia federal judge on Tuesday backed the NCAA and the consent decree that overturned the restrictions on athletes transferring schools, denying a temporary restraining order and preliminary injunction for a college basketball player who wants to play one more season next year.

  • April 15, 2025

    Insurer Denies Coverage For Short Seller Cohodes' Libel Case

    Short seller Marc Cohodes, who was accused by a financial advisory firm of causing $5 million in reputational damage via libelous posts on X, cannot have coverage for the litigation, an insurer told a Montana federal court, noting that his homeowners policy excluded intentional wrongdoing.

  • April 15, 2025

    Entergy Can't Fight FERC Market Rule Change, DC Circ. Says

    The D.C. Circuit on Tuesday said Entergy lacks standing to challenge the Federal Energy Regulatory Commission's rejection of a regional gird operator's change to its capacity market rules after the agency concluded the change would give Entergy too much market power.

  • April 15, 2025

    Roster Limits Stay In Revisions To NCAA's NIL Settlement

    In court-ordered revisions to their $2.78 billion antitrust class action settlement, the NCAA and the athlete class added greater protections for athletes entering college throughout the deal's 10-year span, but refused to budge on roster limits opposed by several objectors.

  • April 15, 2025

    Phillies Say Stats Co. Halted Contract Amid Exclusivity Suit

    The Philadelphia Phillies added a breach claim to a lawsuit that accuses the owners of a baseball statistics and analytics program of trying to sell a system it was hired to develop exclusively for the Major League Baseball team.

  • April 14, 2025

    Justice Dept. Lands 1st Wage-Fixing Jury Trial Conviction

    A Nevada federal jury on Monday convicted a nursing executive on wage-fixing charges, the first antitrust charge to succeed before a jury in a string of U.S. Department of Justice prosecutions targeting antitrust violations in labor markets.

  • April 14, 2025

    Musk Supports Deleting IP Law, Attorneys Say Let's Not

    Elon Musk's endorsement of a terse social media post from tech executive Jack Dorsey saying "delete all IP law" drew scorn from the intellectual property community and was followed by posts from U.S. Patent and Trademark Office acting Director Coke Morgan Stewart extolling the virtues of trademark, patent and copyright protections.

  • April 14, 2025

    Linking Friends No Longer Meta's Focus, Zuckerberg Says

    Meta Platforms CEO Mark Zuckerberg testified Monday that the social media giant is no longer solely focused on connecting friends and family, arguing on the first day of the Federal Trade Commission's monopolization trial that the company has broader focus and faces more competition than the FTC claims.

  • April 14, 2025

    Bipartisan Trio Urges DOJ To Keep Antitrust Offices Open

    Top members of the Senate Judiciary Committee are urging the U.S. Department of Justice to rethink its plan to close the Antitrust Division's field offices in Chicago and San Francisco because of their "vital" role in antitrust enforcement.

  • April 14, 2025

    Fed. Circ. Hears Teva Challenge To J&J Schizophrenia Drug

    A Federal Circuit panel on Monday grappled with how to determine whether a dosage patent on Johnson & Johnson's blockbuster schizophrenia drug Invega Sustenna is invalid as obvious, questioning attorneys for the company and generics maker Teva about the proper analysis.

  • April 14, 2025

    Apple Wants Renewed Cloud Storage Monopoly Suit Tossed

    Apple has urged a California federal court to toss the latest version of a proposed class action alleging it gives its iCloud service an advantage over third-party cloud storage providers, saying it limits certain remote-backup features for security and privacy.

  • April 14, 2025

    Ozempic Pretender On Sale In Conn., Novo Nordisk Says

    A Connecticut company is selling compounded drugs that purport to contain semaglutide, the active ingredient in Novo Nordisk medications including Ozempic, and improperly implying that the products are approved by the U.S. Food and Drug Administration, according to a lawsuit that alleges violations of state and federal law.

  • April 14, 2025

    Ark. PBM Regulation Violates ERISA, Teamsters Fund Says

    An Arkansas insurance regulation forcing health plans to turn over information about reimbursement rates negotiated by pharmacy benefit managers, or PBMs, conflicts with federal benefits law, a Teamsters healthcare fund claimed, urging an Illinois federal court to block the state from enforcing the rule.

  • April 14, 2025

    Telescope Buyers Get Final OK On $32M Antitrust Deal

    Celestron and several other rival telescope makers have convinced a California federal court to give their $32 million settlement to end claims that they had been working together to hike up the price of the stargazing devices its final seal of approval, after nearly five years of litigation.

  • April 14, 2025

    Animal Rescue Wants Early Win In TM Suit Against Ex-Leader

    Pennsylvania-based animal rescue Last Chance Ranch has asked a federal judge to rule that its former executive director copied its name and trademarks for a competing nonprofit she created, arguing that the infringement was obvious.

  • April 14, 2025

    NCAA Wins Redacted Document Spat In Volunteer Coach Suit

    A group of plaintiffs suing the NCAA over suppressed wages for volunteer coaches lost its bid to force the organization to turn over an unredacted version of a particular document, with a Monday ruling asserting the information is protected by attorney-client privilege.

  • April 14, 2025

    Basketball Player Faces NCAA Over Transfer Rules Decree

    Attorneys for a basketball player claiming that the NCAA is blocking him from transferring to another school, despite a federal consent decree allowing it, told a West Virginia federal judge Monday that his right to play next season is being "shortchanged by the NCAA's illegal conduct.''

  • April 14, 2025

    FTC Joins DOJ In Targeting Anticompetitive Regulations

    The Federal Trade Commission launched a public inquiry Monday to look into reducing regulations that are hindering competition, following a similar move by the U.S. Department of Justice last month.

  • April 14, 2025

    Class Attys Seek $20.2M Fee For RTX No-Poach Deals

    DiCello Levitt LLP, Quinn Emanuel Urquhart & Sullivan LLP and counsel at two Connecticut firms are seeking nearly $20.2 million in fees plus $2.65 million in expenses after hammering out $60.5 million in settlements with the Pratt & Whitney division of RTX Corp. and five contractors accused of illegally agreeing not to hire one another's aerospace engineers.

  • April 14, 2025

    Takeda Gets Actos Case Paused For Class Cert. Review

    A New York federal court has paused a lawsuit accusing Takeda Pharmaceuticals of inflating the price of its diabetes treatment, Actos, by delaying the entry of generic alternatives, and took a scheduled July trial off the calendar, as the company appeals a class certification ruling.

  • April 14, 2025

    Meta Accused Of Hiding $4B In Facebook Ad Overcharges

    South Carolina-based fitness company Iron Tribe has hit Meta Platforms Inc. with a proposed class action in California federal court, alleging the social media giant secretly overcharged Facebook advertisers $4 billion by using a flawed "blended price" auction system that it hid from advertisers and took years to correct.

  • April 14, 2025

    Sandoz Sues Amgen Over Enbrel Biosimilar

    Sandoz accused Amgen of illegally blocking biosimilar competition to its blockbuster Enbrel drug for arthritis and other inflammatory diseases, alleging that the company used strategic acquisitions and illegal patent extensions to fend off challengers in the space and inflate U.S. prices for its drug.

Expert Analysis

  • Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration

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    The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.

  • 5 Ways Banking Has Changed In 5 Years Since COVID

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    Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • A Look At M&A Trends In An Uncertain Deal Environment

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    Dealmakers are adopting more cautious and deliberate merger and acquisition practices, such as earnout agreements, joint ventures and strategic partnerships that mitigate risk and bridge valuation gaps, amid the slower pace so far in 2025, says Louis Lehot at Foley & Lardner.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • FTC Focus: Synthetic Data Yields Antitrust Considerations

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    Attorneys at Proskauer explore the burgeoning world of synthetic data, the antitrust implications involved, the Federal Trade Commission's role in regulating this space and practical takeaways from these emerging issues.

  • Opinion

    Slater Heralds Return To US Antitrust Norms, Innovation

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    Under recently confirmed Assistant Attorney General Gail Slater, the Antitrust Division of the U.S. Department of Justice can fulfill President Donald Trump's objective to reestablish American economic dominance on the global stage while remaining faithful to antitrust's core principles, says Ediberto Roman at the Florida International University College of Law.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • How Latin American Finance Markets May Shift Under Trump

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    Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • 4th Circ. Health Data Ruling Opens Door To State Law Claims

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    In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

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