Feature

What The End Of Chevron Means For FTC Rulemaking

By Bryan Koenig

Federal agencies can no longer expect courts to defer to their interpretation of challenged regulatory authorities under a landmark U.S. Supreme Court ruling the Federal Trade Commission expects will have no "significant impact," but that observers say could help trip up a noncompetes ban and perhaps other efforts.

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Feature

NFL Antitrust Verdict, WWE Chair Woes Define 2024's 1st Half

By Elaine Briseño

The first half of 2024 saw bombshell allegations and yearslong litigation lurching forward, highlighted by the shocking lawsuit accusing the founder of WWE of horrific sexual conduct, an iconic magazine almost shuttering and two NFL cases reaching significant milestones.

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Q&A

Temple U.'s Ken Jacobsen On NCAA-House Deal, What's Next

By David Steele

Even with a deal of such size and consequence — approximately $2.8 billion, more than 184,000 athletes in the class, all the Power Five conferences named and with decades of court rulings leading up to it — the settlement over name, image and likeness compensation in the Grant House-led class action against the NCAA is best seen as a beginning, rather than an end.

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Elite Schools' $284M Aid-Fixing Deals Get Final OK

By Celeste Bott

An Illinois federal judge on Friday granted his final signoff to $284 million worth of settlements inked by 10 schools accused in a sprawling antitrust case of working together to limit the financial aid they provided, deeming it a fair and reasonable outcome for the class of students.

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OK Foods, Consumers Reach Deal In Chicken Price-Fixing Suit

By Celeste Bott

Consumers accusing the nation's largest broiler chicken producers of coordinating and limiting chicken production to raise prices have told an Illinois federal judge that they've reached a settlement in principle with O.K. Foods, O.K. Farms and O.K. Industries.

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MLS, US Soccer Can't Get Redo On Antitrust Suit Preservation

By Elaine Briseño

A New York federal judge told Major League Soccer and the sport's U.S. governing body that he would not reconsider a previous order that kept alive an antitrust suit against the organizations, but he did offer some of the clarification they were seeking about market definition.

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FTC Wants To Block Kroger & Albertsons' 'Principal Defense'

By Bryan Koenig

Federal Trade Commission staffers want to block Kroger and Albertsons from using their main defense to an in-house merger challenge — the plan to sell off 579 stores — or otherwise force the companies to produce documents so far protected as privileged, according to a recently public filing.

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Kroger Could Delay Merger Closing To Avoid Colo. Hearing

By Thy Vo

Kroger Co. told a Colorado state judge Friday that it is negotiating a potential agreement with the state to delay the closing date for its proposed merger with Albertsons until November or after the court rules on a permanent injunction, a proposal the grocer said was aimed at avoiding a hearing next month.

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FTC Eyes Mid-Nov. Texas Hearing Against Mattress Merger

By Bryan Koenig

The Federal Trade Commission's case against Tempur Sealy's $4 billion planned Mattress Firm purchase is set to kick off in Texas federal court Nov. 14, the parties told an agency in-house judge Friday during a scheduling hearing.

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Capital One Critics Lobby To Block 'No Good' Discover Deal

By Jon Hill

Critics of Capital One's planned $35 billion purchase of Discover Financial Services urged federal regulators on Friday to withhold approval for the tie-up, rejecting a landmark community benefits pledge for the merger as a fig leaf for what they said is really a "terrible, horrible, no good, very bad" megadeal.

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Occidental Could Sell $3.6B CrownRock Stake To Ecopetrol

By Al Barbarino

Occidental Petroleum said in a securities filing Friday that it could sell a 30% stake in CrownRock — which Occidental is under contract to buy for $12 billion — to Columbia's Ecopetrol for $3.6 billion. 

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Taxation With Representation: A&O Shearman, Gibson Dunn

By Zak Kostro

In this week's Taxation With Representation, Cleveland-Cliffs Inc. buys Stelco Holdings Inc., KBR acquires LinQuest Corp., Blue Owl Capital Inc. purchases Atalaya Capital Management LP, and Amphenol Corp. buys two mobile networks units from CommScope.

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UK Clears Nationwide's £2.9B Purchase Of Virgin Money

By Dawood Fakhir

The competition regulator of the U.K. said Friday that it has cleared Nationwide Building Society's acquisition of Virgin Money UK PLC for £2.9 billion ($3.7 billion), which the companies say would create a combined group with assets of approximately £366 billion.

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UK Clears Roche's $295M Purchase Of Diagnostics Biz

By Najiyya Budaly

The U.K. antitrust watchdog said Friday that it has cleared a $295 million proposed purchase by Swiss drugmaker Roche of parts of diagnostic company LumiraDx.

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San Francisco Lawmaker Floats Rent Algorithm Software Ban

By Isaac Monterose

A San Francisco lawmaker proposed a ban that would prohibit selling or using software that can be used for rent price fixing, and took aim at property management software companies such as RealPage and Yardi for their software allegedly being used for such a purpose.

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FTC Says Microsoft Price Hike Shows Activision Deal Harm

By Matthew Perlman

The Federal Trade Commission told the Ninth Circuit that Microsoft's recently announced Game Pass price increase is an example of the harm caused by the company's $68.7 billion acquisition of game developer Activision Blizzard Inc.

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Axon Says FTC Has 'No Reason' To Wade Into Suit

By Bryan Koenig

Axon urged a New Jersey federal judge Thursday to "give no weight" to a Federal Trade Commission amicus intervention into a proposed class action against the company, arguing that however much the FTC bristles at references to an abandoned merger case, that consternation isn't relevant to the instant suit.

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Jazz Says Narcolepsy Drug Charge MDL Should Be Tossed

By Bonnie Eslinger

Jazz Pharmaceuticals urged a California federal judge to toss claims from insurers and consumers pursuing multidistrict litigation accusing the drugmaker of staving off generic competition to its blockbuster narcolepsy medicine Xyrem through antitrust conduct and deals with other drugmakers, saying the company engaged in "permissible competition."

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Boehringer Looks To Toss Inhaler Antitrust Case

By Matthew Perlman

Boehringer Ingelheim Pharmaceuticals Inc. urged a Massachusetts federal court to toss a proposed class action accusing it of blocking generic versions of two inhaler medications, saying it has valid patents protecting the products.

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Judge Recuses As Tech Firm Slams Dow Chemical's Request

By Ryan Harroff

An Ohio federal judge has recused himself from a trade secrets case brought against Dow Chemical Co. after the technology firm that sued it showed the court a settlement offer without approval that would grant Dow Chemical's recusal motion, which the tech firm said was a "cavalier approach to a drastic remedy."

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Judge Tosses Traders' Counterclaims In Trade Secrets Case

By Ivan Moreno

A Manhattan federal judge has ruled that Millennium Management LLC and two of its employees cannot yet use the federal trade secrets law to claim attorney fees with their allegation that investment firm Jane Street Group LLC sued them in bad faith over a proprietary trading strategy.

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Shoemaker Asks Court To Trim Birkenstock Copycat Claim

By Julie Manganis

A judge said Friday that she couldn't tell the difference between several popular styles of Birkenstock sandals and alleged "knockoff" versions made by a New Hampshire company based on photos, signaling potential trouble for the defendant in a trademark infringement lawsuit by the German footwear-maker.

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BCLP Seeks Merger Partner As Departures Continue

By Aebra Coe

Bryan Cave Leighton Paisner LLP's headcount has declined by more than 20% since the law firm's seminal combination, according to firm data, with a surge of lateral departures this spring and summer. Sources have told Law360 Pulse that firm leaders are currently seeking a merger partner.

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Several State Courts Impacted By Global Tech Outage

By Sarah Martinson

Several state courts have been impacted by a global Microsoft Windows outage Friday morning causing operational challenges and courthouse closures.

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DOJ Seeks Probe Of Conflicts In Ex-Fed. Judge's Cases

By Jack Karp

The U.S. Department of Justice has asked its internal watchdog to look into why federal prosecutors kept quiet about the fact that they allegedly knew now-resigned Alaska federal Judge Joshua Kindred had inappropriate relationships with several attorneys appearing before him, the DOJ confirmed to Law360 Friday.

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NASCAR Names New General Counsel Amid Shake-Up

By Sue Reisinger

NASCAR Holdings' has named a new general counsel and a new deputy general counsel and head of privacy to fill out the team of chief legal officer Amanda Oliver.

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Calif. Bar Backs Creating New Virtual Bar Exam To Cut Costs

By Hailey Konnath

The State Bar of California's Board of Trustees has signed off on plans to negotiate a potentially $8 million, five-year deal with Kaplan North America LLC to replace the Multistate Bar Exam with its own state exam that could be taken remotely, according to a statement issued Friday.

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Kavanaugh Murder-Attempt Suspect Set To Face Trial

By Rae Ann Varona

A man charged with attempting to kill U.S. Supreme Court Justice Brett Kavanaugh has failed to reach a plea deal after nearly two years of negotiations, setting his case up for trial in Maryland federal court, federal prosecutors said Friday.

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2nd Circ. Upholds Ax Of Ex-Ropes & Gray Clerk's Bar Exam Suit

By Ryan Boysen

A former Ropes & Gray LLP attorney who was fired after twice failing the New York bar exam can't sue the state agency that administers the test for failing to accommodate her disabilities, the Second Circuit ruled Friday, finding the agency is protected by sovereign immunity.

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Apple Wants Litigation Funder To Explain Role In Patent Row

By Rose Krebs

Apple Inc. wants a Delaware federal judge to order litigation funder Omni Bridgeway LLC to turn over documents explaining its relationship with Finnish company MPH Technologies Oy and its financial interest in MPH's ongoing patent litigation against Apple in California.

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NYC Bar OKs Attys' Financial Stakes In Alternative Biz Entities

By Andrea Keckley

A new ethics committee report says a New York City lawyer may hold a financial interest in alternative business structures in jurisdictions that let them provide legal services, provided the lawyer is merely a financial investor, not practicing law through the entity.

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Class Seeks $1.5B Settlement In Payday Loan Dispute

By Crystal Owens

A class of borrowers has urged a Virginia federal court to approve what would be the largest settlement ever obtained in a challenge to participants in the tribal lending industry, arguing that the agreement would give significant relief to hundreds of thousands in the form of debt cancellations and cash payments.

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Law Profs Throw Flag On NFL's 'Unconscionable' Arbitration

By David Steele

Allowing the NFL's arbitration system, with commissioner Roger Goodell as the arbitrator, to prevail in Brian Flores' discrimination dispute with the league is "unconscionable" and "egregious," a dozen law professors have told the Second Circuit in an amicus brief supporting the former Miami Dolphins head coach.

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Calif. Firm Beats Rival's Claims In 'Sweet Justice' TM Fight

By Rachel Rippetoe

A California federal court on Thursday nixed a personal injury firm's countersuit against its rival in a battle over the trademark use of the term "Sweet Justice," ruling that the firm's counterclaims are a "mirror-image" of the underlying suit.

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'Texit' Atty Sues State Rep., Judge Over Defamation Fees

By Catherine Marfin

A civil rights attorney who has represented the group behind the "Texit" movement filed a lawsuit against a state representative and court officials in a North Texas county, accusing the group of colluding to run up attorney fees against him in a defamation case connected to the pro-Texas-secession group.

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Colo. Federal Judges Point Out Recent High Turnover

By Daniel Ducassi

Colorado's chief federal judge on Friday observed "there has been a lot of turnover" on the bench in the district over the past several years, noting five out of the seven active district court judges were nominated by President Joe Biden. 

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Law360's Legal Lions Of The Week

By Kevin Penton

Blanche Law PLLC and Continental PLLC lead this week's edition of Law360 Legal Lions, after a Florida federal judge tossed the criminal case against former President Donald Trump over his allegedly illegal retention of classified documents at his Mar-a-Lago estate.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

A kidney care company has asked a federal judge to throw out a former in-house counsel's lawsuit that claims she was fired for raising concerns about violations of federal anti-kickback statutes, and a study showed the world's most extensive public country-by-country tax reporting rules would require 51% of large U.S. multinational corporations to disclose tax arrangements. These are among the stories in corporate legal news you may have missed in the past week.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen a libel clash between comedian Paul Currie and the Soho Theatre Company over allegations of anti-semitism, technology giant Huawei face a patents claim by Mediatek, Westfield Europe pursue action against Clearpay Finance for contract breaches and tour operating company Carnival hit chartered airline Maleth Aero for significant flight delays. Here, Law360 looks at these and other new claims in the U.K.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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