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Featured
Drug Buyers, Generics Cos. Fight Over Bellwether Litigation
Generic drug buyers vied Friday with the pharmaceutical companies they've accused of price-fixing over how to shape the first rounds of long-gestating Pennsylvania federal court litigation that the plaintiffs want heard in separate consecutive trials and that the drugmakers want combined.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.''
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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.
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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.
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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.
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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.
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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.
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April 11, 2025
Microsoft, OpenAI Want Out Of Musk's For-Profit Challenge
OpenAI and Microsoft are ready to be done with a lawsuit brought by Elon Musk accusing them of swindling the billionaire by turning OpenAI, the maker of ChatGPT, into a private entity after he and others invested in the artificial intelligence venture.
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April 11, 2025
9th Circ. Revives AirDoctor's $2.5M Damages Bid In TM Suit
The Ninth Circuit on Friday revived AirDoctor's request for $2.5 million in damages after scoring default judgment against a competitor in a trademark infringement and unfair competition case over replacement air filters, noting the plaintiff isn't barred from actual damages just because it didn't seek a specific amount in its complaint.
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April 11, 2025
Amgen Can't Ditch Regeneron's Bundling Antitrust Suit
A Delaware federal judge on Thursday denied Amgen's bid to toss antitrust litigation brought by Regeneron accusing its rival of using a bundling scheme to increase the sales of its cholesterol drug Repatha and push competitors out of the market.
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April 11, 2025
FTC Democrat Members Seek Quick Win In Trump Firing Suit
Recently fired Federal Trade Commission Democrat members Rebecca Kelly Slaughter and Alvaro M. Bedoya on Friday asked a D.C. federal court for an expedited summary judgment ruling in their case challenging their removals, arguing that President Donald Trump's attempted firings run afoul of decades-old precedent and the FTC Act.
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April 11, 2025
Express Scripts Judge Asks If Khan's FTC Exit Affects Suit
The Missouri federal judge overseeing Express Scripts' lawsuit accusing the Federal Trade Commission of defaming it with a report excoriating the pharmacy benefits manager for allegedly inflating drug costs asked the parties Friday if new leadership at the commission affects the case that significantly targets former Chair Lina Khan.
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April 11, 2025
FTC Starts Process That May Nix Chevron, Exxon Deal Limits
The Federal Trade Commission took the first steps Friday toward potentially lifting bans on the CEOs of Hess and Pioneer Natural Resources serving on the boards of Chevron and Exxon, respectively, under agreements assailed by the FTC's Republican leadership who want to permit the Chevron-Hess and Exxon-Pioneer mergers without those restrictions.
Editor's Picks
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Google Ad Tech Trial: 15 Days On The Rocket Docket
The Justice Department wrapped an extraordinary antitrust trial last week that left a Virginia federal judge pondering whether Google is even dominant in the display advertising placement technology market or just another player.
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FTC Withdraws From Feds' Merger Review Labor Pact
The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.
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US Antitrust Holds Fast: No 'Environmental Justice' Goals
A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.
Expert Analysis
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
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.
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A Look At M&A Trends In An Uncertain Deal Environment
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.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
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.
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FTC Focus: Synthetic Data Yields Antitrust Considerations
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.
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Opinion
Slater Heralds Return To US Antitrust Norms, Innovation
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.
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A Cold War-Era History Lesson On Due Process
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.
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How Latin American Finance Markets May Shift Under Trump
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.
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Series
Improv Makes Me A Better Lawyer
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.
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How BigLaw Executive Orders May Affect Smaller Firms
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.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
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.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
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.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
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.
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How To Accelerate Your Post-Attorney Career Transition
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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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.