Competition

  • October 03, 2024

    Trulieve Sues Fla. Republican Party Over Anti-Weed Ads

    Trulieve, which is Florida's largest medical marijuana company and the principal backer of a ballot initiative to legalize cannabis in the Sunshine State, has sued the state's Republican Party and a pair of television stations for defamation, alleging that they ran misleading anti-weed ads.

  • October 03, 2024

    ISPs Insist FCC Overstepped With Net Neutrality Rules

    Internet service providers told the Sixth Circuit it should reject the Federal Communications Commission's recently passed net neutrality rules because the FCC has failed to show that Congress gave it the authority to regulate broadband as a telecom service.

  • October 03, 2024

    Lowe's Staves Off Defamation Claim In Vendor's Contract Suit

    A home accents company accusing Lowe's of maligning its reputation with allegedly unsubstantiated claims about defective products and its financial health can't pursue defamation against the home improvement giant, North Carolina's business court has ruled.

  • October 03, 2024

    12 Lawyers Who Are The Future Of The Supreme Court Bar

    One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.

  • October 03, 2024

    Startup Undercuts Its Case In Trade Secrets Brief, AIG Says

    A group of AIG insurers told a New Jersey federal court that a competitor insurance startup they've accused of misappropriating their trade secrets undercut its own arguments for dismissal by citing a case that "does nothing to undermine the many cases" AIG has previously cited in opposition.

  • October 03, 2024

    High Court Told Bid-Rigging Conviction Was Rightly Tossed

    A former Contech executive is urging the U.S. Supreme Court to reject the government's effort to revive his bid-rigging conviction, saying enforcers are asking for a rule that would make common agreements between manufacturers and distributors vulnerable to legal challenge.

  • October 03, 2024

    Texas Takes Aim At Insulin Manufacturers For Price-Gouging

    Texas sued several major insulin manufacturers and pharmacy benefit managers in Texas state court on Thursday, accusing the companies of running quid pro quo deals to bump insulin prices by as much as 1,000% and violating Texas laws around deceptive trade practices.

  • October 03, 2024

    Texas Says TikTok Violates Online Parental Controls Law

    The state of Texas sued TikTok and its affiliates in state court, alleging Thursday that the social media site violates the state's Securing Children Online through Parental Empowerment Act by distributing and selling children's personal data without parents' consent.

  • October 03, 2024

    Ex-Manager Agrees To Protect Security Co.'s $85M Biz Book

    A Connecticut federal judge has rubber-stamped a promise by the American arm of international security firm Prosegur to wipe information from its computers allegedly uploaded by a newly hired senior vice president the company poached from a rival, including a book said to detail $85 million in competing business.

  • October 03, 2024

    NCAA's Refined NIL Settlement Still Faces Opposition

    The fight to approve a $2.78 billion antitrust settlement over the NCAA's name, image and likeness compensation rules grew tougher this week as a new group of athletes voiced their opposition to the deal's "illusory, contradictory and overreaching" terms.

  • October 03, 2024

    Sens. Question If Payouts Taint Execs' Push For US Steel Deal

    Two U.S. senators wrote to U.S. Steel's president and CEO on Wednesday seeking guarantees that a $72 million "golden parachute" deal wasn't driving the executive's willingness to support a $14.1 billion merger with Japanese steelmaker Nippon Steel.

  • October 03, 2024

    CVS Pushed To Unwind Aetna Megadeal, And Other Rumors

    CVS is exploring strategic options that could break up the business, Kleenex's owner explores a sale at a potential $4 billion value, and Ares is in talks to buy 10% of the Miami Dolphins’ parent. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • October 03, 2024

    Cutrale Family Fails To Crush Orange Juice Cartel Claims

    A London appeals court refused to strike over 1,300 claims from Brazilian orange farmers who allege t​he father and son at the helm of juice giant Cutrale participated in a price-fixing cartel, saying the family can defend the claims at trial by arguing they weren't brought in time.

  • October 03, 2024

    CMA Probes £9M Buy Of Troubled Rival's Assets By Tiles Biz

    Britain's antitrust regulator said on Thursday that it is investigating the £9 million ($12 million) acquisition by tiling retail chain Topps Tiles of some assets belonging to a troubled rival, which went into administration in August.

  • October 02, 2024

    Kroger Partner Denies At Trial It Will Flip Acquired Stores

    The grocery wholesaler set to take on hundreds of stores if Kroger's $25 billion merger with Albertsons goes through defended its ability to meet the challenge Wednesday, with its CEO and a potential executive testifying in parallel proceedings in Colorado and Washington state.

  • October 02, 2024

    DOJ Says Info Sharing Alone Can Violate Law In Pork Case

    The U.S. Department of Justice told the court overseeing a case accusing major pork producers of colluding to raise prices the exchange of competitively sensitive information, even in aggregated form, can violate the antitrust laws.

  • October 02, 2024

    Epic's Samsung, Google Cases Over Play Store Linked

    The judge mulling what changes Google will have to make after a jury found its Play Store policies violate antitrust law will also oversee a new case filed by Epic Games accusing Samsung of helping Google preemptively undermine any fix imposed by the court.

  • October 02, 2024

    Wi-Fi Has All The Spectrum It Needs, Mobile Group Says

    Wi-Fi performance gains won't come from more unlicensed spectrum use, a new report commissioned by telecommunications trade group CTIA said Wednesday.

  • October 02, 2024

    Google Hit With Renewed Voice Assistant Antitrust Case

    Sensory Inc. has accused Google of illegally maintaining its monopolies over search and the advertising that appears alongside search results in part by blocking rival voice assistant products from running on Android and other devices.

  • October 02, 2024

    2nd Circ. Won't Nix Amazon Awards Against Chinese Sellers

    A pair of Chinese third-party sellers were unable to convince the Second Circuit to vacate arbitral awards favoring Amazon after the sellers allegedly bribed customers for positive reviews, with the appeals court rejecting their argument that the arbitrators manifestly disregarded the law.

  • October 02, 2024

    Avadel Tells Fed. Circ. It Should Be Free To Test Sleep Drug

    Specialty-drug maker Avadel Pharmaceuticals says a Delaware federal court went too far in blocking it from testing a narcolepsy drug to treat an uncommon sleep disorder after finding that it infringed a patent covering a rival's narcolepsy drug.

  • October 02, 2024

    NC Judge Ends NIL Ban For State's Public School Athletes

    North Carolina public school athletes can now be compensated for their name, image and likeness, thanks to a preliminary injunction granted by a state judge that overturned a ban by the state board of education.

  • October 02, 2024

    Enviro Groups Step Up Effort To Block JBS' US Listing

    Eighteen sustainability-focused investor groups are urging the U.S. Securities and Exchange Commission to reject a potential U.S. stock listing by Brazilian meat conglomerate JBS SA, alleging the company is misleading the public regarding climate risks posed by its operations.

  • October 02, 2024

    Top 3 Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates more than 100 times in September on the FCC's effort to clamp down on scam robocalls, rules to spur broadband deployment, revamping the 4.9 gigahertz airwaves, satellite spectrum and more.

  • October 02, 2024

    Settlement Talks Fizzle As Soccer Antitrust Fight Plows Ahead

    Hopes for a quick resolution in the antitrust brawl between the U.S. Soccer Federation and promoter Relevent Sports LLC seem dashed as the two sides informed a New York federal judge that settlement talks have stalled.

Expert Analysis

  • Manufacturers Should Pay Attention To 'Right-To-Repair' Laws

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    Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.

  • New Federal Bill Would Drastically Alter Privacy Landscape

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    While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.

  • Opinion

    CFPB Could, And Should, Revise Open Banking Rulemaking

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    In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.

  • How Cos. Can Protect IP In Light Of FTC Noncompete Rule

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    While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.

  • PE-Healthcare Mergers Should Prepare For Challenges

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    State and federal regulators are increasingly imposing new requirements on healthcare transactions involving private equity partners, with mergers that would have drawn little scrutiny a few years ago now requiring a multijurisdictional risk analysis during the deal formation process, say attorneys at Stinson.

  • Setting Goals For Kicking Corruption Off FIFA World Cup Field

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    The unprecedented tri-country nature of the 2026 men's World Cup will add to the complexity of an already complicated event, but best practices can help businesses stay on the right side of anti-corruption rules during this historic competition, say Sandra Moser and ​​​​​​​Emily Ahdieh at Morgan Lewis.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Online Portal Helps Fortify Feds' Unfair Health Practices Fight

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    The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Birkin Bag Case Carries Competition Lessons For Retailers

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    A recently proposed antitrust class action alleging that Hermès violated federal and California law when selling its iconic Birkin and Kelly handbags highlights some issues that other brands and retailers should consider, particularly given a prevailing landscape that seems to prioritize antitrust scrutiny, say attorneys at Holland & Knight.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Expect An Increase In Robinson-Patman Act Enforcement

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    Recent actions by the Federal Trade Commission and prominent lawmakers should be viewed as a harbinger of renewed scrutiny of price discrimination in all industries and a sign that Robinson-Patman Act investigations and enforcement actions are likely to see an uptick, say attorneys at Morgan Lewis.

  • The Drawbacks Of Banking Regulators' Merger Review Plans

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    Recent proposals for bank merger review criteria by the Office of the Comptroller of the Currency and Federal Deposit Insurance Corp. share common pitfalls: increased likelihood of delays, uncertainties, and new hurdles to transactions that could impede the long-term safety and soundness of the banks involved, say attorneys at WilmerHale.

  • Opinion

    The FTC's Noncompete Rule Is Likely Dead On Arrival

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    The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.

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