Competition

  • December 02, 2024

    Nvidia, Microsoft Accused Of Delay Game In AI Chip Fight

    Nvidia and Microsoft have traded barbs with a startup over its bid to put a 2025 trial on the calendar in its patent infringement and antitrust suit against them, telling a Texas federal court that the startup is trying to "barrel through the case" and eliciting accusations that they're playing a delay game.

  • December 02, 2024

    Heritage's $10M Generic Drugs Deal With AGs Gets 1st OK

    A Connecticut federal judge gave his initial approval on Monday to Heritage Pharmaceuticals Inc.'s $10 million settlement agreement with state attorneys general to resolve allegations it took part in an anticompetitive, price-fixing scheme focused on generic drugs.

  • December 02, 2024

    Musk Asks Court To Halt OpenAI's Conversion To For-Profit

    Elon Musk sought a preliminary injunction asking a California federal court to stop OpenAI from transitioning into a for-profit enterprise, arguing the plaintiffs and the public would be harmed whether as competitors, donors, investors, consumers, taxpayers, citizens or "simply as people" worried about AI rushing unsafe products into the marketplace.  

  • December 02, 2024

    Judge Trims Berkshire Unit's $20M Antitrust Trial Loss By 10%

    A Colorado federal judge has rejected an effort by a Berkshire Hathaway-owned construction supplier to reverse a jury verdict against it for monopolistic practices, but agreed to trim a $20 million judgment by nearly 10% to prevent a potentially "expensive retrial."

  • December 02, 2024

    'Malicious' Intent Testimony Nixed From Blank Rome Suit

    A Pennsylvania federal judge on Monday prohibited certain expert witnesses from opining on the alleged "malicious" intent an aircraft parts maker, represented by Blank Rome LLP, had when suing a onetime defense attorney who defected to the plaintiffs bar.

  • December 02, 2024

    Ark. Governor Wants Out Of Cherokee Casino License Row

    Arkansas Gov. Sarah Huckabee Sanders is asking a federal district court to be removed as a defendant and for an overall dismissal of a challenge to a state amendment that revoked a Cherokee Nation business' casino license, arguing the Oklahoma tribe doesn't have any property interest in the case.

  • November 29, 2024

    Microsoft Beats Bid To Ax Defense To £270M Antitrust Claim

    Microsoft defeated a bid by a software reseller to strike out some of the defenses of the technology giant to a £270 million ($343 million) antitrust claim, after a U.K. tribunal ruled that the arguments should be heard at trial.

  • November 27, 2024

    Google Wants 9th Circ. To Undo Play Store Ruling In Epic Row

    Google has pressed the Ninth Circuit to reverse an injunction forcing it to allow third-party app distribution on its Play Store, arguing that the lower court's ruling will "directly undercut Google's efforts to compete against Apple and the iPhone."

  • November 27, 2024

    Deloitte Posed As Consultant To Steal Vax Software, Suit Says

    An inventor has accused Deloitte Consulting LLP in New York federal court of stealing her proprietary vaccination management system and securing a multimillion-dollar government contract for rolling out COVID-19 vaccines, saying the firm colluded with the Centers for Disease Control and Prevention to pilfer the technology.

  • November 27, 2024

    Drake Says UMG Boosted Lamar's False 'Pedophile' Claim

    Despite knowing Kendrick Lamar's "Not Like Us" single falsely accused Drake of being a "certified pedophile," Universal Music Group chose to boost the song across radio airwaves by potentially making illicit payments to iHeartMedia, the Canadian rapper alleged in Texas court the same day he made similar allegations in Manhattan.

  • November 27, 2024

    Samsung Drops Chip Antitrust Case Against Broadcom

    Samsung has agreed to drop its lawsuit in California federal court accusing Broadcom of blocking competition from rival mobile chip suppliers by forcing the electronics maker into signing a restrictive sales contract.

  • November 27, 2024

    32,000 Developers Certified As Class In Valve Antitrust Case

    A Washington federal court has certified a class of around 32,000 game developers in a case accusing Valve Corp. of blocking competition by enforcing pricing and other restrictions on games sold through its Steam platform.

  • November 27, 2024

    FCC Refers T-Mobile, UScellular Deal To Team Telecom

    The Federal Communications Commission has referred T-Mobile's anticipated $4.4 billion purchase of wireless operations from United States Cellular Corp. to the committee that vets foreign investment in the U.S. telecom market.

  • November 27, 2024

    GOP-Led States Accuse BlackRock Of Driving Up Coal Prices

    Texas is leading a coalition of nearly a dozen Republican-led states suing BlackRock Inc. and two other large asset managers for allegedly running an "investment cartel" that takes advantage of their large holdings in publicly traded energy companies to drive up coal prices, a claim that BlackRock has said is "baseless and defies common sense."

  • November 27, 2024

    Nonprofit Warns 3rd Circ. Against 'Abuse' In Merck Vax Case

    The anti-monopoly think tank Open Markets Institute urged the full Third Circuit to rethink a panel's immunization of Merck & Co. Inc. from antitrust claims over its mumps vaccine, arguing in an amicus brief that the doctrine cementing the right to petition the government doesn't justify the use of courts and administration as a "competitive weapon."

  • November 27, 2024

    Canadian Hockey League Escapes Antitrust Suit; NHL Still In

    The umbrella organization for three Canada- and U.S.-based developmental hockey leagues has been dropped as a defendant in a proposed federal antitrust class action by players accusing it and the National Hockey League of exploitation, abuse and unlawful restraint on their careers.

  • November 27, 2024

    Injury Law Firm Accuses Rival Of Stealing 'Call Sam' Slogan

    Michigan-based personal injury law firm Sam Bernstein Law has launched a trademark infringement lawsuit in California federal court against rival personal injury law firm Sam & Ash LLP, alleging its competitor has ripped off its longtime advertising taglines, "Call Sam" and "1-800-Call-Sam."

  • November 27, 2024

    Menendez Says Evidence Error Means Automatic New Trial

    Former Sen. Bob Menendez told a federal judge Wednesday that it's "unavoidable" that he is owed a new trial after prosecutors' recent admission that they gave jurors evidence that had been excluded.

  • November 27, 2024

    9th Circ. Won't Rethink Revival Of Swimmers' Antitrust Suit

    The Ninth Circuit has refused to reconsider a decision reinstating a pair of lawsuits brought by a trio of swimmers and the International Swimming League claiming a boycott by swimming's international governing body violated antitrust law.

  • November 27, 2024

    HSBC Loses Challenge To €32M Euribor Rigging Fine

    HSBC Holdings PLC has lost its challenge to a €31.7 million ($33.4 million) European Union fine for rigging Euribor, as a European court rejected on Wednesday the bank's argument that the penalty was imposed out of time.

  • November 26, 2024

    FIFA Must Face Puerto Rico Antitrust Claims, But Not Fraud

    FIFA, its Puerto Rican affiliate and a regional soccer association all must face claims that they tried to block soccer rivals in Puerto Rico, after an island federal judge held that FIFA, like its co-defendants, can only nix fraud claims but not antitrust allegations.

  • November 26, 2024

    Del. Justices Uphold Chancery Toss Of No-Compete Suit

    Delaware's Supreme Court has backed a Court of Chancery finding that private equity firm Court Square Capital Management wrongly withheld nearly $5.4 million in carried interest payments from former partner Kevin Brown after he was accused — three years after his 2016 departure — of violating a no-compete agreement.

  • November 26, 2024

    Workers Say Kroger-Albertsons No-Poach Deal Hurt Wages

    A Colorado grocery store employee has filed a putative class action accusing Kroger Co. and Albertsons Cos. Inc. of scheming to suppress workers' wages, alleging in a state court complaint that the grocers entered into an illegal "no-poach" agreement during a 2022 strike.

  • November 26, 2024

    NAR Buyer-Broker Settlement Approved Over DOJ Concerns

    A Missouri federal judge granted final approval Tuesday to the National Association of Realtors' antitrust settlement with home sellers, signing off on a $418 million payment and changes to broker commission rules, as NAR and the plaintiffs assailed the U.S. Department of Justice for raising last-minute concerns about the deal. 

  • November 26, 2024

    Split 4th Circ. Won't Review Duke Monopoly Suit Revival

    A split Fourth Circuit denied on Tuesday an en banc review petition challenging a decision reviving antitrust allegations against Duke Energy, with the majority writing that granting the review would waste judicial resources, and a dissenting judge slamming the majority for purportedly being at odds with U.S. Supreme Court precedent.

Expert Analysis

  • Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling

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    The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • 4 Steps To Address New Sanctions Time Bar Extension

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    Recent guidance from the Office of Foreign Assets Control clarifies details of the newly extended statute of limitations for civil and criminal enforcement of U.S. sanctions law, so compliance teams should implement key updates, including to lookback periods and recordkeeping policies, say attorneys at Freshfields.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • What To Expect From CFPB And DOT Card Rewards Inquiry

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    Following the Consumer Financial Protection Bureau's announcement of joint efforts with the U.S. Department of Transportation to investigate credit card rewards points, credit card issuers and airlines should keep a close eye on potential regulatory and class action litigation risks stemming from the inquiry, say attorneys at DLA Piper.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Remedy May Be Google's Biggest Hurdle Yet In Antitrust Case

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    There are difficulties ahead in the remedies phase of the antitrust case against Google in District of Columbia federal court, including the search engine giant's scale advantage and the fast-moving nature of the tech industry, setting the stage for the most challenging of the proceedings so far, says Jonathan Rubin at MoginRubin.

  • ECJ Cartel Damages Rulings Are Wins For Multinational Cos.

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    Two decisions from the European Court of Justice last month clarifying the limits of the single economic unit doctrine in cartel damages proceedings will help multinational companies anticipate and prepare for litigation within a narrower band of possible jurisdictions, say lawyers at Linklaters.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Look For Flags On Expert Claims After Sunday Ticket Reversal

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    A California federal judge’s recent reversal of a jury’s $4.7 billion antitrust verdict in the NFL Sunday Ticket case indicates that litigants may be inclined to challenge expert testimony admissibility under Rule 702 of the Federal Rules of Evidence, and that judges may increasingly accept such challenges, say attorneys at Kutak Rock.

  • Takeaways From Virginia's $2B Trade Secrets Verdict Reversal

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    The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.

  • UK Judgment Could Change Anti-Money Laundering Regimes

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    After the Court of Appeal of England and Wales' determination that criminal property remains criminal property in the hands of its purchaser even if purchased at market value, many businesses could face a new or heightened risk of prosecution for criminality in their supply chains and related money laundering offenses, say lawyers at Macfarlanes.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

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