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Competition
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March 05, 2025
Fighters' Attys Get $115M In Fees For UFC Settlement Work
A Nevada federal judge has awarded more than $115 million to the attorneys who struck a $375 million settlement with the UFC on behalf of more than 1,100 fighters alleging vast wage suppression, nodding to the considerable effort involved in litigating the decade-long case.
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March 05, 2025
UK Drops Probe Into Microsoft's OpenAI Partnership
Britain's antitrust authority said Wednesday that it has dropped its probe into Microsoft's investment into ChatGPT developer OpenAI after finding it does not have the jurisdiction to look into their complex partnership.
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March 05, 2025
Royal Mail To Face Trial In £878M Bulk Mail Class Action
The owner of Royal Mail must face an £878.5 million ($1.1 billion) class action brought on behalf of 290,000 retail businesses that accuse the postal service of abusing its dominant position in the bulk mail market, the antitrust tribunal has ruled.
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March 04, 2025
Musk Fails To Block OpenAI From Turning Into For-Profit Entity
A California federal judge on Tuesday denied Elon Musk's bid to preliminarily bar OpenAI Inc. from converting into a for-profit entity, saying that a threshold question of whether Musk's over $44 million in donations created a charitable trust was a "toss-up."
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March 04, 2025
Shipping Council Urges DC Circ. To Nix Maritime Rule
An ocean carrier trade association is urging the D.C. Circuit to wipe out new regulations defining unreasonable refusals to deal in the maritime industry, telling the appeals court that the "vague" rule has thrown the carriers into confusion.
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March 04, 2025
Agencies Have 'Ultimate' Authority Over Firings, OPM Says
The Office of Personnel Management on Tuesday issued a revised version of its January memo directing agency heads to identify all probationary employees, adding a disclaimer that OPM "is not directing agencies to take any specific performance-based actions" and that agencies "have ultimate decision-making authority."
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March 04, 2025
Meijer Says 1st Circ. Must Resolve Takeda Arbitration Order
Grocery store chain Meijer on Tuesday urged a Massachusetts federal judge to allow it to immediately appeal his ruling granting Takeda Pharmaceutical's bid to arbitrate the grocer's antitrust claims over a constipation drug, arguing that the case presents several issues that the First Circuit needs to address.
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March 04, 2025
Baseball Player Strikes Out On Bid For NCAA Early Waiver
A Tennessee federal judge will not grant a Division I baseball player another year of eligibility, ruling on Monday that the student-athlete failed to show how the NCAA's rules violate antitrust laws while acknowledging that the organization's actions are "questionable at best and self-interested at worst."
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March 04, 2025
DC Opposes RealPage Bid For Sanctions In Antitrust Case
The District of Columbia and its attorneys at Cohen Milstein are opposing a bid for sanctions from RealPage in the district's rental pricing case, contending they have support for allegations about the company not wanting to work with landlords that reject its price recommendations.
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March 04, 2025
Health Providers Fight To Keep MultiPlan Pricing MDL Alive
Healthcare providers targeting MultiPlan and several major insurers with horizontal price-fixing claims argued Monday an Illinois federal judge should let their multidistrict litigation proceed because the defendants simply constructed a "strawman" to convince him to toss it.
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March 04, 2025
ACC, Clemson And FSU End Legal Fight Over Revenues, Fees
Florida State University and Clemson University will stay in the Atlantic Coast Conference under a new athletic revenue distribution model that would resolve the multistate court battles over media rights and exit fees, the parties said Tuesday in announcing a settlement of their disputes.
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March 04, 2025
Alcon, Lens.com Settle 7-Year Trademark Fight In NY
Alcon and Lens.com informed a New York federal judge Tuesday that they've agreed to resolve their long-running trademark dispute over claims that Lens.com was reselling some of Alcon's products without authorization.
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March 04, 2025
PBMs Ask 8th Circ. To Pause FTC's Insulin Pricing Case
Caremark Rx, Express Scripts and OptumRx have asked the Eighth Circuit to pause the Federal Trade Commission's in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices as they push their constitutional claims against the agency.
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March 04, 2025
FCC Dismisses Bid To Revisit Local Unbundling Rules
The Federal Communications Commission has dismissed a petition to restore local telecom unbundling rules, reiterating the agency's 2020 reasons for lifting a number of restrictions on local incumbents and restating that those limitations are no longer necessary.
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March 04, 2025
Tobacco Co. Settles Suit Over Use Of 'Juicy' Trademark
A tobacco accessories company has told an Arizona federal court that it has settled its suit against a Washington company that it alleged had infringed on its "Juicy" products trademark.
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March 04, 2025
Athletes 'Overwhelmingly' Support NCAA NIL Deal, Attys Say
The response by the class of college athletes to the NCAA's settlement providing name, image and likeness compensation and revenue sharing has been "overwhelmingly positive,'' the attorneys for the athletes told a California federal judge as part of their bid for final approval of the $2.78 billion settlement next month.
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March 04, 2025
Conn. Hospital Network Seeks Sanctions From Antitrust Class
Hartford HealthCare Corp. moved to sanction a proposed class of antitrust plaintiffs for asking a Connecticut judge to formally recognize a document exchange schedule privately agreed to by both sides, arguing that it should get attorney fees and costs for opposing the request.
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March 04, 2025
FERC Enforcement Case Is Constitutionally Valid, DOJ Says
The Trump administration has told a North Carolina federal judge that a Federal Energy Regulatory Commission market manipulation case against an energy-efficiency aggregator complies with a recent U.S. Supreme Court decision curbing the enforcement authority of federal agencies.
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March 04, 2025
Soccer League Demands New Trial After $500M Antitrust Loss
The defunct North American Soccer League asked a Brooklyn federal judge for a new antitrust trial over its claims that Major League Soccer and the American soccer governing body conspired to sabotage it, saying that improper instructions led a jury to reject the suit last month.
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March 04, 2025
Chemours Says Competitor Framed Spat As Antitrust Affront
The Chemours Co. FC LLC urged a North Carolina judge to throw out a suit claiming the company and its distributor conspired to monopolize the market for HVAC refrigerants, calling the complaint a "transparent attempt to dress up a private business grievance as an antitrust complaint."
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March 04, 2025
Former Fried Frank Antitrust Partner Joins Davis Polk
Davis Polk & Wardwell LLP announced it has hired a former Fried Frank Harris Shriver & Jacobson LLP antitrust attorney as a partner in its antitrust and competition practice in New York.
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March 03, 2025
9th Circ. Rejects Redo Of Antitrust Case Against Zillow, NAR
The Ninth Circuit on Monday said it would not revive a defunct brokerage platform's case accusing Zillow and the National Association of Realtors of deception related to the online real estate company's website, saying there was no conspiracy in the way changes were made to how listings were displayed.
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March 03, 2025
Colo. Prospector Didn't Steal Anschutz Oil Secrets, Jury Told
A Colorado prospector told a Denver state jury on Monday that its $9 million sale of land next to Anschutz-owned oil and gas wells was not the result of stolen well production data, arguing Anschutz Exploration Corp. has no proof the prospector stole secret statistics.
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March 03, 2025
Full Fed. Circ. Won't Take On Teva's Orange Book Appeal
The Federal Circuit on Monday rejected a request for an en banc rehearing from Teva Pharmaceuticals challenging a panel decision finding that the company improperly listed its asthma inhaler patents on a key U.S. Food and Drug Administration database that lists patents for drugs.
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March 03, 2025
Apple Gets ICloud Monopoly Suit Tossed For Now
Apple has convinced a California federal judge to toss a proposed class action accusing it of flouting federal antitrust laws by blocking third-party cloud storage services from accessing and storing certain files on its smartphones, at least temporarily.
Expert Analysis
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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How Views On Healthcare Price Transparency Are Changing
Regulators' attitudes toward price transparency regulation have shifted over the past several years in ways that may seem contradictory, and research into detailed rate information published by hospitals and health plans has yielded mixed results, says Matthew List at Charles River Associates.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.
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What BT Ruling Will Mean For UK Class Actions
The Competition Appeal Tribunal’s recent dismissal of a £1.3 billion mass consumer claim against BT, the first trial decision for a U.K. collective action, reminds claimants and funders of the high bar for establishing an abuse, and provides valuable insight into how pending mass consumer cases may be resolved, say lawyers at Ashurst.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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5 Factors From Biden's Final Worker Antitrust Guidelines
The recent Federal Trade Commission and the U.S. Department of Justice's joint antitrust guidelines for business activities affecting workers cap a flurry of final announcements from the Biden administration, but it's unclear whether the agencies will maintain their support for these measures in the Trump administration, say attorneys at Simpson Thacher.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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4 Employment Law Areas Set To Change Under Trump
President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.