Competition

February 24, 2025
Tax Software Co. Says Rival Is The Real Trade Secrets Thief

Corporate-focused tax preparation software company Avalara, accused by Vertex Inc. of poaching workers to steal trade secrets, has asked to file counterclaims, arguing Vertex has actually done the illegal poaching.
February 24, 2025
Placement Co. Hit With False Ads Suit Over Referral Model

A company that places senior citizens in retirement homes was hit with proposed class claims alleging it falsely advertises free services and steers business away from communities that decline to participate in its "pay-to-play" business model.
February 24, 2025
Atty Faces $190K Demand After Losing Malicious Litigation Trial

A trio of Blank Rome LLP attorneys and an aviation company told a Pennsylvania federal court on Friday they are owed combined costs of nearly $200,000 from an attorney who lost a malicious litigation jury trial against them in December.
February 24, 2025
Competition Group Of The Year: WilmerHale

The competition group at WilmerHale helped Tesla score a key ruling last year in a case challenging efforts to block its direct-sales model in Louisiana and also helped Novelis Inc. reach a favorable settlement in a long-standing dispute with a rival aluminum supplier, earning a spot among the 2024 Law360 Competition Groups of the Year.
February 24, 2025
Apple Antitrust Ace Returns To Latham In Bay Area

Latham & Watkins LLP announced Monday that it has welcomed back an attorney who was working as in-house counsel for Apple to bolster its antitrust and competition practice and enhance its efforts to handle monopolization cases.
February 24, 2025
NCAA Blasts Baseball Player's Bid For More Eligibility

The NCAA came out firing against a college baseball player's attempt to play at the University of Tennessee, asserting that its rules governing athletes' eligibility are not reviewable under federal antitrust law despite a recent court decision calling that position into question.
February 24, 2025
High Court Declines To Review Reach Of Trade Secrets Law

The U.S. Supreme Court on Monday turned down a petition from a Chinese company asking it to review whether the Defend Trade Secrets Act of 2016 can apply extraterritorially.
February 24, 2025
Justices Won't Rehear Case Against NY Broadband Price Cap

The U.S. Supreme Court on Monday again rejected a telecom industry bid to reverse a New York state law capping the price for basic broadband service plans that must be offered to low-income households after first turning down the case in December.
February 22, 2025
NY Judge Extends Block On DOGE's Treasury Access

A New York federal judge on Friday barred Elon Musk's Department of Government Efficiency from accessing U.S. Treasury Department data, handing a win to 19 state attorneys general who claimed giving the new entity access to citizens' personal information posed a massive cybersecurity risk.
February 21, 2025
FTC's Holyoak Has Her Eyes On DeepSeek

Federal Trade Commission member Melissa Holyoak suggested Friday that DeepSeek, the Chinese artificial intelligence startup whose rise has roiled AI markets, could have competed unfairly if it really trained its model using ChatGPT in violation of OpenAI's policies, as has been suggested.
February 21, 2025
Apple Can Claw Back Mistakenly Produced Docs In Epic Fight

A California federal magistrate judge said Friday that Apple can claw back two documents the tech giant said it accidentally produced during discovery for an antitrust suit brought by Epic Games, rejecting the game developer's assertion that Apple's bid was "opportunistic."
February 21, 2025
Drugmakers Slam 'Untimely' Claims In Employers' Antitrust Suit

Pharmaceutical companies targeted by sweeping antitrust lawsuits from major employers, including Target, Lowe's and American Airlines, have asked a Pennsylvania federal judge to trim conspiracy claims from a lawsuit accusing them of orchestrating illegal agreements for price-fixing and customer allocation, arguing the allegation was unsupported and untimely.
February 21, 2025
MSN Calls Novartis' Entresto Delisting Protest 'Disingenuous'

Novartis' claim that there's no rush to decide whether a patent covering its blockbuster cardiovascular drug Entresto should be removed from a key drug database is "disingenuous and a complete about-face," MSN Pharmaceuticals has told a Delaware federal judge.
February 21, 2025
Eli Lilly Has Exclusivity Over Weight Loss Drug, FDA Says

The U.S. Food and Drug Administration asked a Texas federal court to reject a request for an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug, saying the agency based its decision on sound facts and it was within its authority.
February 21, 2025
Exxon Can't Dodge RICO Claims In Puerto Rico Federal Court

A U.S. magistrate judge said Puerto Rican municipalities should be allowed to pursue racketeering and antitrust claims against energy companies including Exxon Mobil Corp. that they allege misrepresented the climate dangers of fossil fuel products.
February 21, 2025
'Unsupported Conclusions' Doom Ad App Suit Against Google

A California federal judge has permanently tossed an antitrust suit accusing Google of kicking a now-defunct advertising app maker out of the Play Store in order to squelch a potential digital advertising rival, finding that the act alone was not enough to show harm to the market from the alleged monopolization.
February 21, 2025
Off The Bench: White House Hosts PGA Tour-LIV Golf Summit

In this week's Off The Bench, the two former rival pro golf tours join the president to discuss their long-delayed combination, several NBA teams support a bid for the U.S. Supreme Court to keep copyright claims in check, and prosecutors charge Chilean nationals with robbing the homes of high-profile athletes.
February 21, 2025
Competition Group Of The Year: Cohen Milstein

The competition team at Cohen Milstein Sellers & Toll PLLC helped secure settlements worth hundreds of millions of dollars last year for groups of home sellers, mixed martial arts fighters, poultry plant workers and others, earning a spot among the 2024 Law360 Competition Groups of the Year.
February 21, 2025
Latham Promotes 19 Counsel To Partner In US, Europe & Asia

Less than three months after electing two dozen associates to the partnership, Latham & Watkins LLP said it has elevated 19 counsel from 14 offices around the world to partner, effective March 1.
February 21, 2025
Stellantis Loses €770M Auto Parts Cartel Claim

The Competition Appeal Tribunal dismissed on Friday a €770 million ($805 million) claim brought by Peugeot and other car manufacturers after they failed to show how a European car safety parts cartel caused them to pay higher prices.
February 21, 2025
Tesco Follows Rivals With Salmon Farmer Competition Claim

Tesco Stores Ltd. has brought a competition claim in London against a group of salmon producers that are also embroiled in a £675 million ($854 million) cartel claim from several other retailers in the U.K.
February 21, 2025
Mastercard Wins Green Light For £200M Swipe Fee Settlement

The Competition Appeal Tribunal said Friday it would approve a £200 million ($250 million) settlement between Mastercard and Walter Merricks to end litigation over credit card fees, despite "some concerns about how the matter was dealt with" in the lead-up to the deal being reached.
February 21, 2025
4 Banks To Pay £100M To Settle UK Bond Trading Probe

Four banks including HSBC and Morgan Stanley will pay more than £100 million ($126 million) in fines for their involvement in a cartel that shared sensitive information on trading in government bonds, the U.K. antitrust authority said on Friday.
February 20, 2025
DOJ Says Job Protections For ALJs Are Unconstitutional

The U.S. Department of Justice announced Thursday that it no longer backs long-standing job protections for administrative law judges, saying it has determined that the "multiple layers of removal restrictions" shielding ALJs are unconstitutional because they violate the separation of powers doctrine.
February 20, 2025
Generic-Drug Group Rallies Behind Appeal In Entresto Fight

A generic-drug industry group is weighing in on the Federal Circuit's move last month to revive a patent tied to Entresto, Novartis Pharmaceuticals Corp's blockbuster heart drug, warning that "the pharmaceutical industry is watching this case closely."

Expert Analysis

Series

NY Banking Brief: All The Notable Legal Updates In Q4

In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
Series

Exercising On My Peloton Bike Makes Me A Better Lawyer

While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
3 Factors Affecting Retail M&A Deals In 2025

Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
FTC Picks Augur Pro-Business Bent For Much Of Economy

President-elect Donald Trump's choice of two top Federal Trade Commission officials suggests a business-friendly climate for a significant portion of the U.S. economy, with noteworthy exceptions of continued scrutiny of healthcare and Big Tech companies, excluding artificial intelligence, say attorneys at BCLP.
Top 10 Legal Issues This Year For Transportation Industry GCs

General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
Exploring Venue Strategy For Trump-Era Regulatory Litigation

Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
What 2024's Noncompete Turmoil Means For Banks In 2025

A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
Searching For Insight On Requested Google Chrome Remedy

The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
Opinion

3 New Year's Resolutions For Antitrust Agencies To Consider

James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.
FTC Focus: A Changing Of The Guard

While rigorous antitrust enforcement is unlikely to slow down at the Federal Trade Commission, the focus will undoubtedly change, including when it comes to Big Tech, as Andrew Ferguson prepares to take the reins from Chair Lina Khan, say attorneys at Proskauer.
Series

Playing Esports Makes Me A Better Lawyer

Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
An Associate's Guide To Career Development In 2025

As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
5 Antitrust Issues For In-House Counsel In 2025

Attorneys at Squire Patton evaluate the top areas where U.S. antitrust policy is likely to change in the next 12 months, including major challenges to the Federal Trade Commission's authority that could reshape enforcement.
Reviewing 2024's Crucial Patent Law Developments

As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
Series

Fixing Up Cars Makes Me A Better Lawyer

From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.