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Competition
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February 10, 2025
Investor Urges US Steel To Dump Deal After Trump Comments
Activist investor Ancora Holdings Group on Monday urged U.S. Steel to abandon its proposed $14.9 billion merger with Japan's Nippon Steel, stating that the deal has "no chance of being resurrected" in light of statements made by President Donald Trump on Friday.
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February 10, 2025
Ex-FTC Commissioner's Accusers Call Damages Bid 'Fiction'
Women who accused former FTC Commissioner Joshua Wright of sexual misconduct stemming from his role as a law professor have told a Virginia judge that his damages expert in his defamation lawsuit against them failed to do his homework and his testimony shouldn't be allowed at the upcoming trial in the case.
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February 10, 2025
Tennis Players Bid For Class Cert. In NCAA Prize-Money Feud
Two athletes challenging NCAA rules curbing college tennis players' ability to accept prize money in outside tournaments have asked a North Carolina federal judge to certify a class of potentially thousands of players, stressing the sweeping impact of the association's restrictions.
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February 07, 2025
Copyright Office Seeks Info On Performance Rights Groups
The U.S. Copyright Office wants more information about how performance rights organizations, or PROs, are being used to collect music royalties, in response to a letter from a trio of Republican lawmakers on the issue.
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February 07, 2025
Nippon-US Steel Merger Targeted By Consumers In Calif.
A group of consumers has asked a California federal court to prohibit Japan's Nippon Steel Corp. from acquiring U.S. Steel Corp. in their proposed $14.9 billion mega-merger, filing suit just days before President Donald Trump suggested that the deal was being called off.
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February 07, 2025
DOJ Tells DC Circ. Not To Delay Google Search Fix For Apple
The U.S. Department of Justice and state enforcers told the D.C. Circuit Friday that the remedies phase of the search monopolization case against Google is too important to wait while Apple appeals a ruling denying its last minute bid to intervene in the case.
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February 07, 2025
5th Circ. Pauses Suit Over CFPB's Small Biz Lending Rules
The Fifth Circuit on Friday paused a case challenging the Consumer Financial Protection Bureau's new small business minority data rule after the bureau's counsel was unable to argue its case following a directive ordering the agency to stop much of its work to "promote consistency with the goals of the administration."
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February 07, 2025
Wis. Football Player Gets Additional Year Of Eligibility
A federal judge has granted a University of Wisconsin football player another year of eligibility, overriding the NCAA's five-year-rule and noting that the landscape of college athletics has shifted.
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February 07, 2025
Ousted CMA Chair Says 'Misinformation' Remains A Challenge
The recently ousted chair of the U.K.'s Competition and Markets Authority reflected on what he said were great strides undoing the antitrust agency's "technocratic" character, but added it made the least progress in combating "lobbying and misinformation" intended to undermine the agency's decisions, including around the cleared Microsoft-Activision merger.
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February 07, 2025
OpenAI Can't Avoid Reverse TM Confusion Claim, Judge Says
A California federal judge has allowed a trademark infringement counterclaim to proceed against OpenAI by a company with a similar name, finding Open Artificial Intelligence Inc. has plausibly alleged its mark became associated with AI tools before OpenAI became widely known for ChatGPT.
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February 07, 2025
John Deere Tractor Rivals Seek Info Safeguards In FTC Case
A trio of tractor manufacturers asked an Illinois federal judge Friday to impose stringent safeguards for sensitive business information they turned over to the Federal Trade Commission in the run-up to its right-to-repair lawsuit against their "primary competitor," John Deere.
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February 07, 2025
Fed. Circ. Considers Some Testing For Avadel Sleep Drug
Judges on the Federal Circuit seemed open to modifying a district court's injunction barring specialty drugmaker Avadel Pharmaceuticals from marketing its on-market narcolepsy drug for use in treating another sleep disorder Friday.
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February 07, 2025
Off The Bench: Trump Bans Trans Athletes, NCAA Falls In Line
In this week's Off The Bench, the NCAA changes course to accommodate a presidential ban on transgender women athletes, Shohei Ohtani's former interpreter is sentenced for his gambling-driven embezzlement, and women's soccer players get restitution for abuse at the hands of their coaches and teams.
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February 07, 2025
Agribusiness Co., Ex-Worker Settle Stolen Clients Claims
An agricultural firm and a former employee it accused of pilfering confidential information on his way out the door in a bid to steal clients have reached a deal to resolve the firm's claims, according to a court order.
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February 06, 2025
Dem Sens. Re-Introduce Bill To Stop Algorithmic Price-Fixing
A group of Democratic senators has re-introduced a bill that would prevent companies from using common software and shared data to set prices through algorithms, an issue that's been the subject of mounting litigation in the rental housing market and other sectors.
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February 06, 2025
In Microchip Feud, Fed. Circ. Says PTAB Error Was 'Harmless'
The Federal Circuit handed down a precedential decision Thursday finding that a claim construction error made by patent board judges was "harmless," declining to breathe new life into claims asserted against Microchip Technology.
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February 06, 2025
Judge Questions Firm's Candor In Apple, Amazon Docs Row
A Washington federal judge said on Thursday there was "troubling shifting" around Hagens Berman Sobol Shapiro LLP's explanation of texts and emails with a client who disappeared from a proposed class action targeting Amazon and Apple, while also saying it might not matter because the firm found substitute plaintiffs.
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February 06, 2025
SEC 'Exposes Lunacy' Through Its Dueling Suits, PE Firm Says
A South Carolina private equity fund said Thursday the U.S. Securities and Exchange Commission is trying to gut it through a Florida lawsuit, telling a Texas judge the commission made "out of touch statements" on how the litigation will harm its business.
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February 06, 2025
Jeld-Wen Appealing Forced Factory Sale To 4th Circ., Again
Jeld-Wen Inc. is taking another trip to the Fourth Circuit to fight an order forcing it to sell a door skin factory, filing a notice of appeal Thursday after a Virginia federal judge said a $115 million price is fair.
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February 06, 2025
Earthlink Investors' Attys Score $28M In Merger Suit
The attorneys who helped Earthlink investors score an $85 million settlement with the company after they said they were tricked into approving a $1.1 billion merger with a failing telecommunications company will be walking away with almost $28 million for their trouble.
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February 06, 2025
Sam Altman Calls Musk's Claim Of Ban On Rivals 'False'
OpenAI CEO Sam Altman said the key claim made in a preliminary injunction request from Elon Musk in their ongoing investment spat is false, saying in a new declaration that he never told OpenAI investors that they wouldn't be able to invest in the company if they also invested in Musk's xAI.
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February 06, 2025
Drug Cos. Urge Full Fed. Circ. To Hear Teva Orange Book Row
The branded pharmaceutical industry is lining up behind a legal effort from Israeli drugmaker Teva that wants the full Federal Circuit to hear a dispute over delisting patents from the U.S. Food and Drug Administration's Orange Book.
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February 06, 2025
Amazon Patent Suit Was Wrongly Sent To Calif., Tech Co. Says
Software company VirtaMove Corp. has argued that its patent infringement lawsuit against Amazon and two affiliates was wrongly transferred from Texas to California, saying it dismissed the case against two of the three defendants before the court's order went out.
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February 06, 2025
UnitedHealth Drops Bid To Toss Home Health Deal Challenge
UnitedHealth Group and home health and hospice giant Amedisys Inc. dropped their bid to toss a case challenging their $3.3 billion merger after enforcers detailed the home health and hospice markets they allege will be hurt by the deal.
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February 06, 2025
JPMorgan's State Trade Secret Data Row Claim Axed, For Now
A federal judge in Delaware has ruled that JPMorgan Chase & Co. sufficiently alleged Argus Information & Advisory Services violated a federal trade secrets law by allegedly misusing anonymized credit card data collected from banks, but said JPMorgan's contention Argus violated a Delaware trade secret law could not stand.
Expert Analysis
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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To Report Or Not To Report Others' Export Control Violations
A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.
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With Esmark Case, SEC Returns Focus To Tender Offer Rules
The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.
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HSR Amendments Intensify Merger Filing Burdens, Data Risk
The antitrust agencies' long-awaited changes to premerger notification rules under the Hart-Scott-Rodino Act stand to significantly increase the time and cost involved in preparing an initial HSR notification, and will require more proactive attention to data issues, says Andrew Szwez at FTI Technology.
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What's Inside Feds' Latest Bank Merger Review Proposals
Recent bank merger proposals from a trio of federal agencies highlight the need for banks looking to grow through acquisition to consider several key issues much earlier in the planning process than has historically been necessary, say attorneys at Simpson Thacher.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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How Biden Admin Has Used Antitrust Tools, And What's Next
The last four years have been marked by an aggressive whole-of-government approach to antitrust enforcement using a broad range of tools, and may result in lasting change regardless of the upcoming presidential election result, say attorneys at Norton Rose.
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How BIS' Rule Seeks To Encourage More Voluntary Disclosure
Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Challenge To Ill. Card Fee Law Explores Compliance Hurdles
A recent federal lawsuit challenging an Illinois law that will soon forbid electronic payment networks from charging fees for processing the tax and tip portions of card transactions, fleshes out the glaring compliance challenges and exposure risks financial institutions must be ready to face next summer, says Martin Kiernan at Amundsen Davis.
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Harris Unlikely To Shelve Biden Admin's Food Antitrust Stance
A look at Vice President Kamala Harris' past record, including her actions as California attorney general, shows why practitioners should prepare for continued aggressive antitrust enforcement, particularly in the food and grocery industries, if Harris wins the presidential election, says Steve Vieux at Bartko.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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5th Circ. Shows Admin Rules Can Survive Court Post-Chevron
The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.