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Competition
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November 13, 2024
Nvidia, Microsoft Rip Antitrust Suit And Its 'Imaginary' Cartel
Nvidia and Microsoft have urged a Texas federal judge to toss a startup's suit alleging that they engaged in an anticompetitive conspiracy to fix prices for graphic processing units used in powering artificial intelligence, with Nvidia saying the startup's "low patent quality" is just as likely to have caused purported injuries.
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November 13, 2024
UNC Tennis Player Narrows Prize-Money Suit Against NCAA
A University of North Carolina tennis player is taking another swing at NCAA rules stopping college athletes from accepting prize money in outside tournaments, this time limiting the proposed class action to Division I tennis players rather than athletes in a slew of non-revenue generating college sports.
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November 13, 2024
Tempur Sealy Has 'Keys' To Merger, Mattress Firm CEO Says
Mattress Firm's CEO told a Houston judge Wednesday that he has not had any involvement in Tempur Sealy's post-acquisition agreements with mattress suppliers, testifying that Tempur's board chairman and CEO is the one "driving" the deal.
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November 13, 2024
Damages Limited In AGs' Generic Drug Price-Fixing Case
A Connecticut federal judge has nixed some claims against Sandoz Inc. and other generic-drug makers in a massive antitrust and unfair trade practices case filed by state attorneys general, finding that a handful of the enforcers cannot seek damages on behalf of their allegedly injured citizens.
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November 13, 2024
Wash. Attys Expect Gov. And AG Will Keep Them Busy
Despite President-elect Donald Trump's anticipated de-emphasis of regulatory enforcement, Washington state antitrust and consumer protection attorneys are still expecting plenty of work in the coming years, as the new Democratic governor-attorney general duo are expected to step up local enforcement.
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November 13, 2024
Live Nation Ruling Chills Modern Arbitration, 9th Circ. Told
The Ninth Circuit's recent decision invalidating Live Nation Entertainment Inc. and Ticketmaster's choice of a digital arbitration startup for consumer antitrust claims has created "massive uncertainty" and undermines innovative approaches for dealing with abusive mass arbitrations, the live event companies argued in a rehearing petition Tuesday.
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November 13, 2024
DOJ Doc Pushes For Strong Antitrust Compliance Programs
Companies hoping antitrust compliance programs will mitigate or even eliminate U.S. Department of Justice criminal prosecution for bid-rigging, price-fixing and market allocation schemes need strong monitoring, remediation, oversight and responsibility, according to new guidance released Tuesday.
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November 13, 2024
Outgoing DOJ Antitrust Head Wants To Unstack Healthcare
The U.S. Department of Justice's top antitrust official looked to the future Tuesday, of both healthcare and his own exit with the change in presidential administration, as he defended the Biden era's more aggressive, nuanced approach to merger enforcement that wouldn't allow massive insurers and others to stack up the industry like Tetris.
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November 13, 2024
Ranches Say Renewed Wage Suppression Suit Still Deficient
The Western Range Association asked a Nevada federal judge to dismiss a revised suit from a sheepherder alleging he was kept in "indentured servitude," arguing that it and its members are a common enterprise incapable of conspiring to fix wages.
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November 13, 2024
Short-Term Rental Owners 'Unreasonable,' Dallas Tells Court
A Dallas short-term rental advocacy organization loves to focus on property rights, but it never considered the rights of neighbors who want safe neighborhoods and don't want to live next to an active business, a city attorney told a Fifth Court of Appeals panel during oral arguments Wednesday.
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November 13, 2024
Apple Faces £3B UK Class Action Over ICloud Monopoly
Apple is facing another competition claim accusing the iPhone maker of unlawfully monopolizing the market for cloud storage after a campaign group announced plans on Thursday to spearhead a £3 billion ($3.8 billion) U.K. class action.
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November 13, 2024
Michael Jordan's NASCAR Team Appeals Antitrust Loss
Two NASCAR teams, one co-owned by Michael Jordan, on Wednesday appealed a North Carolina federal judge's denial of their request to keep racing next season, taking part of their antitrust fight against the stock car league to the Fourth Circuit.
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November 13, 2024
Vanderbilt QB Suing NCAA For Eligibility Denied Quick Ruling
Vanderbilt University football star Diego Pavia did not get the temporary restraining order he sought against the NCAA after suing it to overturn its eligibility rules and allow him to play next season, but a Tennessee federal judge kept the chance for a preliminary injunction alive.
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November 13, 2024
1st Circ. Punts Pandemic Retail Antitrust Case To Puerto Rico
A divided First Circuit has ruled that local Puerto Rico courts, not federal courts, should hear an unfair-competition suit by local merchants accusing major big-box retailers Costco and Walmart of violating executive orders during the pandemic by continuing to sell "non-essential" goods.
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November 13, 2024
Trump Taps DOJ Critic Matt Gaetz For Attorney General
President-elect Donald Trump on Wednesday nominated Rep. Matt Gaetz to be the next U.S. attorney general, seeking to elevate a close political ally to lead a Justice Department that the Florida lawmaker has sharply criticized and that last year declined to charge him in a sex-trafficking investigation.
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November 13, 2024
Squire Patton Taps Paul Hastings Atty As US Antitrust Head
Squire Patton Boggs LLP announced Wednesday that a partner who led Paul Hastings LLP's team on antitrust regulatory issues will lead its U.S. antitrust practice — a group the firm says it's currently focused on deepening.
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November 13, 2024
FTC Antitrust Case Against Meta Is Heading To Trial
A D.C. federal court ruled Wednesday that Meta will have to face trial on the Federal Trade Commission's claims that the Facebook parent company monopolized personal social networking through its acquisitions of Instagram and WhatsApp.
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November 13, 2024
Gibson Dunn 'Titan,' Ex-Solicitor General Theodore Olson Dies
Theodore B. Olson, the founder of Gibson Dunn & Crutcher LLP's appellate and constitutional law practice group and a former U.S. solicitor general, died Wednesday, the law firm announced.
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November 13, 2024
EU Court Upholds Vodafone's €18.4B Liberty Global Deal
The European Union's second-highest court has dismissed a challenge brought by three German telecommunications companies against Vodafone's €18.4 billion ($19.6 billion) acquisition of Liberty Global's activities in Germany, upholding on Wednesday the European Commission's backing of the deal in 2019.
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November 12, 2024
Trump Taps Elon Musk To Head New 'Gov't Efficiency' Dept.
President-elect Donald Trump announced Tuesday that billionaire Elon Musk and former presidential candidate Vivek Ramaswamy will lead a newly created "Department in Government Efficiency" for his administration come January.
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November 12, 2024
Big Tech Litigant's Latest Suit Vs. Google Tossed
A Florida federal judge has granted Google's motion to dismiss a patent infringement and antitrust suit from web development company Greenflight targeting the search giant's reverse phone number lookup, ruling that the plaintiff's phone lookup service appearing low on Google's search results doesn't amount to standing to sue.
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November 12, 2024
Visa To Fight Market Definition In DOJ Antitrust Case
Attorneys for Visa told a New York federal judge on Tuesday that the company plans to argue the U.S. Department of Justice's debit card monopolization case should be tossed because it ignores a key payment method and attacks legitimate contracts.
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November 12, 2024
Don't Let Broadband Maps Overstate Rural Overlap, FCC Told
Rural telecoms are again urging the Federal Communications Commission to beware of overstated provider overlap in its National Broadband Map when allocating federal deployment funding, arguing that the map should be used as part of a holistic process to determine where money should be spent and not the sole determinant.
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November 12, 2024
HIV Drug Buyers Want Gilead Product Switch Claims Revived
Insurers and benefit plans are asking the Ninth Circuit to revive a chunk of their antitrust case against Gilead, arguing their claims that Gilead delayed generic competition to its HIV drugs by monopolizing the market should have new life.
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November 12, 2024
Genasys Reaches Deal With Ex-Workers In Trade Secrets Case
Genasys Inc. has agreed to settle a suit against two former employees it accused of stealing trade secrets to form a competing business, saying they have reached a provisional deal.
Expert Analysis
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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The Current State Of Healthcare Transaction Reviews In Calif.
As of April, certain healthcare transactions in California have been subject to additional notification compliance requirements, and complying with these new rules could significantly delay and discourage some deals, says Andrew Demetriou at Husch Blackwell.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Behind The Stagecoach Boundary Fare Dispute Settlement
The Competition Appeal Tribunal's recent rail network boundary fare settlement offers group action practitioners some much-needed guidance as it reduces the number of remaining parties' five-year dispute from two to one, says Mohsin Patel at Factor Risk Management.
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What Companies Should Consider Amid Multistate AG Actions
The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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5 Steps To Navigating State Laws On Healthcare Transactions
As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.
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Orange Book Warnings Highlight FTC's Drug Price Focus
In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Inside Antitrust Agencies' Rollup And Serial Acquisition Moves
The recent request for public comments on serial acquisitions and rollup strategies from the Federal Trade Commission and U.S. Justice Department mark the antitrust agencies' continued focus on actions that fall below premerger reporting thresholds, say attorneys at Paul Weiss.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.