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Competition
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January 09, 2025
Beer Sales Rep Can't Show Lasting Harm From Noncompete
A former Boston Beer Co. sales employee challenging a one-year noncompete agreement has failed to show how she will suffer irreparable harm without a preliminary injunction, a Massachusetts federal judge ruled Wednesday, saying any damages are "readily calculable" if she ultimately wins the case.
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January 09, 2025
UK Scrutinizes Bidvest's Plan To Buy Hygiene Products Biz
The Competition and Markets Authority said on Thursday that it is launching a formal investigation into a proposal by South African conglomerate Bidvest to acquire a washroom products business, as it seeks to determine whether the merger could harm competition in domestic markets.
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January 08, 2025
2nd Circ. Weighs FIFA Verdicts In Light Of High Court Rulings
Brooklyn federal prosecutors on Wednesday urged the Second Circuit to reverse a lower court's controversial decision to overturn the bribery convictions of a former 21st Century Fox television executive and an Argentine marketing company, disputing that the U.S. Supreme Court's recent corruption rulings impact the massive FIFA corruption ordeal.
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January 08, 2025
Intuitive Killed Biz For Reusing Robo-Surgery Arms, Jury Told
The president of a family-owned medical instrument repair business suing biotechnology company Intuitive Surgical on antitrust claims told a California federal jury Wednesday that his company saw a "huge opportunity" in providing a service that extended the life of Intuitive's surgical robot arms, but hospitals balked after Intuitive sent threatening letters.
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January 08, 2025
Michael Jordan 'Bought Into' System, NASCAR Tells NC Judge
NASCAR implored a North Carolina federal judge on Wednesday to throw out portions of an antitrust suit brought by Michael Jordan's team and award a $36 million bond, saying it was the teams themselves who demanded the contracts they now claim are monopolistic.
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January 08, 2025
PowerPlan To Pay $24M, Ending Rival's Monopoly Claims
Roper Technologies subsidiary PowerPlan Inc. has agreed to pay $24 million in a settlement with a rival firm formed by former employees who said the utility software giant tried to lock them out of the market by threatening litigation against them and prospective clients.
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January 08, 2025
UnitedHealth Wants $3.3B Amedisys Deal Challenge Tossed
UnitedHealth Group and Amedisys Inc. asked a Maryland federal court Wednesday to toss a challenge of their planned $3.3 billion merger, contending that federal and state enforcers are refusing to say what "local" home health and hospice service markets would be hurt by the deal.
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January 08, 2025
Khan Acknowledges 'Open Question' On Trump Antitrust Plan
Outgoing Federal Trade Commission Chair Lina M. Khan argued Wednesday that the Biden administration's aggressive antitrust enforcement has scored real wins, even as she expressed mixed optimism in remarks about that legacy as Donald Trump retakes the White House.
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January 08, 2025
Epic Gets Backing For Google App Store Changes
Epic Games has received support from federal antitrust enforcers, Microsoft and others at the Ninth Circuit as the game developer fights Google's bid to appeal an order forcing the tech giant to loosen its policies surrounding the distribution of apps on Android devices.
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January 08, 2025
T-Mobile-UScellular Deal Won't Hurt Wireless Market, FCC Told
T-Mobile's $4.4 billion plan to buy spectrum and lease cell towers from UScellular appears likely to benefit consumers, a free-market think tank told the Federal Communications Commission as public interest groups continue to fight the deal.
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January 08, 2025
Shoppers Say Kroger Merger Suit Still Alive After Nixed Deal
Consumers challenging the abandoned merger between Kroger Co. and Albertsons urged a California federal court not to toss their case despite two court injunctions against the deal, arguing that they have effectively prevailed on their antitrust claims and should get an injunction and attorney fees.
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January 07, 2025
Robo Surgery Co. Gets Billions From Selling Parts, Jury Told
Surgical Instrument Service accused Intuitive Surgical at the start of a federal trial Tuesday of being a monopolist making billions of dollars by blocking hospitals from extending the life of reusable surgical-robot components, while Intuitive blasted the medical instrument repair company for "trying to misuse antitrust laws to enrich itself."
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January 07, 2025
Charter Communications Says VP Stole Trade Secrets
Charter Communications Inc. filed a lawsuit in Connecticut federal court Tuesday against a former executive it claims made off with trade secrets and began working as a senior vice president and chief information officer of a competitor, Metronet.
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January 07, 2025
Amneal Calls Teva's IP Delisting Panic 'Theatrical Distraction'
The pharmaceutical industry won't fall into "chaos and disruption" if the Federal Circuit doesn't stay an injunction ordering Teva to remove inhaler patents from the Orange Book, and Teva's arguments otherwise are "a mere theatrical distraction" from the weakness of its position, according to Amneal Pharmaceuticals.
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January 07, 2025
Keller Postman Drops Suit Against Jenner & Block, For Now
Keller Postman LLC has dismissed its suit accusing Jenner & Block LLP of using unethical tactics to gain leverage in mass arbitration against the streaming service Tubi but requested the complaint be dismissed without prejudice.
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January 07, 2025
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates more than 50 times in December on issues ranging from prison phone rates to the use of artificial intelligence in text messages, shared use of the airwaves, marketing consent rules and more.
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January 07, 2025
Khan Says FTC Approach A Bulwark To Trump 'Backsliding'
Outgoing Federal Trade Commission Chair Lina M. Khan on Tuesday defended the Biden administration's aggressive tack against corporate power and concentration, telling CNBC that while it's "natural" Facebook and Amazon might seek a "sweetheart deal" from the Trump administration, the past four years have made "backsliding" more difficult.
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January 07, 2025
Grayscale Rival Insists Connecticut Law Allows $2M Suit
Digital asset management firm Grayscale cannot duck a smaller rival's unfair trade practices suit based on its argument that the relevant Connecticut state law has a carveout for conduct involving securities transactions, Osprey Funds said in opposing summary judgment.
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January 07, 2025
States Push For Jury Trial In Google Ad Tech Case
State enforcers accusing Google of monopolizing key digital advertising technology have urged a Texas federal court to reject Google's bid to have the case decided by a judge, saying the U.S. Supreme Court's recent Jarkesy decision confirms the right to a jury trial.
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January 07, 2025
Judge Cuts $6M From Telecom Haiti Phone Call Cost Award
An Oregon federal judge shaved more than $6 million off a jury's award to Haiti's biggest telecom Monday, ruling that the company had not shown any evidence of lost profits from Oregon-based UPM Technology's scheme to evade the provider's international calling rates.
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January 07, 2025
DOJ Ropes Landlords Into RealPage Antitrust Case
The U.S. Department of Justice dramatically expanded its antitrust case against RealPage on Tuesday, accusing half a dozen residential landlords of using the software company's tools to coordinate rental rates while reaching a settlement with one of the property owners.
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January 07, 2025
O'Melveny Beats DQ Bid In Hyundai Trademark Dispute
A California federal judge has denied a bid to disqualify O'Melveny & Myers LLP from representing Hyundai Motor Co. in a trademark dispute with computing company Hyundai Technology Group, saying the firm's failure to destroy a clawed-back document didn't justify booting it from the case.
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January 07, 2025
Judge Looks To Finally Resolve Mass. 'Right To Repair' Suit
A long-stalled fight over Massachusetts' expanded "right to repair" law requiring open access to vehicle telematics software appears to be on a fast track after a new judge took over the case and said Tuesday she plans to rule in the near future.
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January 07, 2025
FTC Imposes Record $5.6M 'Gun Jumping' Penalty On Oil Deal
The Federal Trade Commission brought a rare merger "gun jumping" action Tuesday under which Verdun Oil Co. will pay $5.6 million for exerting control over EP Energy LLC before the mandatory waiting period under U.S. antitrust law expired and its purchase of the company closed.
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January 06, 2025
Trump Selects Long Island Judge For EDNY's Top Prosecutor
President-elect Donald Trump, who was born in Queens, has picked a Long Island state court judge to serve as the next U.S. attorney for the Eastern District of New York, according to an announcement made Monday on Truth Social.
Expert Analysis
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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.
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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.
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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.
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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.
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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.
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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.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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4 Trade Secret Pointers From 2024's Key IP Law Developments
Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.
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Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing
The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.
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Using Contracts As Evidence Of Trade Secret Protection
Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.
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2025's Midmarket M&A Terrain May Hold A Few Bright Spots
Attorneys at Stoel Rives assess middle-market merger and acquisition trends, and explain why many dealmakers have turned cautiously optimistic about the sector's 2025 prospects, despite potential inflation and new Federal Trade Commission rules.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Executive Orders That Could Affect Financial Services In 2025
The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.