The judge overseeing the government's search monopolization case against Google suggested Tuesday in D.C. federal court that artificial intelligence is shifting the market and will likely play a role in the remedies the court imposes on Google for allegedly violating antitrust law.
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FRIDAY, NOVEMBER 29, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Google Search Judge Says AI Will Affect Remedy Phase

By Matthew Perlman

The judge overseeing the government's search monopolization case against Google suggested Tuesday in D.C. federal court that artificial intelligence is shifting the market and will likely play a role in the remedies the court imposes on Google for allegedly violating antitrust law.

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NAR Buyer-Broker Settlement Approved Over DOJ Concerns

By Bryan Koenig

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. 

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FIFA Must Face Puerto Rico Antitrust Claims, But Not Fraud

By Bryan Koenig

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.

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Workers Say Kroger-Albertsons No-Poach Deal Hurt Wages

By Thy Vo

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.

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MERGER REVIEW

HCA Hospital Sale On Hold Amid Antitrust Concerns

By Gianna Ferrarin

An Indiana healthcare system has withdrawn its application with the state health department for a planned purchase of a hospital from HCA Healthcare following concerns from the Federal Trade Commission, saying it needs more time to rework the application.

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Streaming Biz Brightcove Sold In $233M Go-Private Deal

By Jade Martinez-Pogue

Streaming technology company Brightcove Inc., advised by Goodwin Procter LLP, has agreed to go private and be bought by Latham & Watkins LLP-led software company Bending Spoons in an all-cash deal valued at around $233 million.

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LITIGATION

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

By Dorothy Atkins

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.

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Del. Justices Uphold Chancery Toss Of No-Compete Suit

By Jeff Montgomery

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.

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Pac-12 Agreed To 'Poaching' Clause, Mountain West Insists

By David Steele

The Pac-12 Conference "unconditionally" agreed to all of last year's scheduling agreement with the Mountain West Conference, including a multimillion-dollar "poaching penalty,'' Mountain West claimed in California federal court, pushing back at the Pac-12's argument that the fee for luring away five teams is illegal.

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Jackson Hewitt Workers Get Final OK On $10.8M Settlement

By Asha Glover

A federal judge granted final approval to a $10.8 million settlement between former Jackson Hewitt Inc. workers and the tax preparation firm over claims the company's franchisees entered into an anti-competitive no-poach agreement despite the provision being removed from the company's franchise agreements.

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EXPERT ANALYSIS

9th Circ.'s High Bar May Limit Keyword Confusion TM Claims

A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.

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Opinion

FTC Actions In Oil Cases Go Against Its Own Rulemaking

Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.

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Series

Flying Makes Me A Better Lawyer

Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

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LEGAL INDUSTRY

Bonus Spotlight

Bonus Season Heats Up As More Firms Match Milbank's Scale

By Xiumei Dong

The 2024 associate bonus season is heating up, with more law firms matching Milbank LLP's year-end and special bonuses and U.K. firms extending the same offering to their U.S.-based attorneys, according to firm memos shared with Law360 Pulse and media reports.

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King & Spalding Partner Selected As Trump's Trade Rep

By Hailey Konnath

President-elect Donald Trump on Tuesday announced that King & Spalding LLP international trade partner Jamieson L. Greer was his pick for U.S. trade representative, noting that Greer played a "key role" in imposing tariffs on China during Trump's first term.

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Texas Atty Sanctioned For Citing Bogus Cases After Using AI

By Lynn LaRowe

A Texas lawyer pursuing a wrongful termination lawsuit against Goodyear Tire & Rubber Co. has been sanctioned for submitting a brief that included citations to nonexistent cases generated by an artificial intelligence tool, a Texas federal judge ordered this week.

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Affinity Bar Groups Decry Colo. No-Poach Restrictions

By Thy Vo

Several attorney groups told Colorado's justices that barring lawyers from recruiting colleagues before officially leaving a firm would take away professional autonomy and harm lawyers from underrepresented backgrounds the most, filing briefs in support of a lawyer's challenge to her contract with a personal injury firm. 

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Fulton County DA Seeks To Reinstate Trump Election Charges

By Emily Johnson

The Fulton County District Attorney's Office told the Georgia Court of Appeals on Monday that six criminal charges against President-elect Donald Trump and others should be reinstated as they have an "abundance" of information to prepare their defense against allegations of trying to subvert the results of the November 2020 election.

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Giuliani's New Atty Faults Previous Counsel As NY Trial Nears

By Pete Brush

A Manhattan federal judge declined Tuesday to delay a January trial over whether Rudy Giuliani must turn over his Florida condo and World Series rings to fund a $148 million defamation judgment, after the former New York City mayor's new lawyer criticized outgoing counsel.

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Ex-Faegre Drinker Atty Files Disability Bias Suit

By Andrea Keckley

Faegre Drinker Biddle & Reath LLP was hit with a disability discrimination lawsuit on Monday by a Denver attorney who says she was pushed out after seeking accommodations for hip problems.

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NJ Equal Pay Law Date Will Guide Atty's Discrimination Suit

By Irene Spezzamonte

Discovery and damages in a former Reed Smith LLP labor and employment attorney's suit claiming gender discrimination will be limited to the effective date of New Jersey equal pay law, a state judge ruled, saying the law doesn't apply retroactively.

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Fla. Bar Alleges Atty Delayed Trial Over His Broken Tooth

By Dorothy Atkins

The Florida Bar has launched a complaint against a criminal attorney in the Florida Supreme Court, accusing him of violating state bar rules by refusing to proceed with a jury trial because he had a broken tooth.

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Promo that reads Associate Salary and Bonus Tracker with a photo of hundred-dollar bills above Promo that reads Law360 Pulse Leaderboard

LAW FIRMS IN TODAY'S NEWS

A&O Shearman

Adsuar Muniz

Ahdoot & Wolfson

Ansa Assuncao

Baker Botts

Baker Donelson

Boulware Law

Carmagnola & Ritardi

Clifford Chance

Cohen Milstein

Cooley LLP

Cravath Swaine

Debevoise & Plimpton

Dechert LLP

DuBose Miller

Edelson PC

Faegre Drinker

Ferraiuoli LLC

Franklin D. Azar & Associates

Freed Kanner

Goodwin Procter

Gustafson Gluek

Hagens Berman

Hartley LLP

Heyman Enerio

Joseph Saveri Law Firm

Katten Muchin

Keker Van Nest & Peters

Kellogg Hansen

Ketchmark & McCreight

King & Spalding

Kirkland & Ellis

Latham & Watkins

Lerner & Rowe

Lite DePalma

Littler Mendelson

Lowrey Parady

Milbank LLP

Mitchell Silberberg

Morris James

Niemeyer Grebel

O’Neill & Borges

Patterson Belknap

Paul LLP

Paul Weiss

Primera Law Group

Reed Smith

Ropes & Gray

Sidley Austin

Skadden Arps

Steptoe LLP

Stinson LLP

Sullivan & Cromwell

Susman Godfrey

Taft Stettinius

Troutman Pepper

Vinson & Elkins

Williams & Connolly

Williams Dirks

Willkie Farr

Wilson Sonsini

COMPANIES IN TODAY'S NEWS

1-800 Contacts Inc.

Albertsons Cos. Inc.

American Antitrust Institute

Anywhere Real Estate Inc.

Atlantic Coast Conference

Berkshire Hathaway Energy GT&S

Brightcove Inc.

CONCACAF

Chevron Corp.

Dell Technologies Inc.

Dropbox Inc.

Duke Energy Corp.

Exxon Mobil Corp.

Fayetteville Public Works Commission

Federation Internationale de Football Association

Ferrari SpA

Google LLC

HCA Healthcare Inc.

Hess Corp.

HomeServices of America Inc.

Independent Petroleum Association of America

Jackson Hewitt Inc.

Keller Williams Realty Inc.

King Soopers

Lazard Ltd.

LinkedIn Corp.

MSD Capital LP

McAfee Inc.

Microsoft Corp.

NFP Corp.

National Association of Realtors

National Collegiate Athletic Association

New York Yankees

Pac-12 Enterprises LLC

Pacific Bells LLC

Phibro Animal Health Corp.

Pioneer Natural Resources Co.

Rosetta Stone Inc.

The Florida Bar

The Goodyear Tire & Rubber Co.

The Kroger Co.

U.S. Chamber of Commerce

United Food & Commercial Workers International Union

GOVERNMENT AGENCIES IN TODAY'S NEWS

Colorado Supreme Court

Committee on Foreign Investment in the United States

Delaware Court of Chancery

Energy Information Administration

Federal Trade Commission

Florida Supreme Court

Georgia Court of Appeals

Georgia General Assembly

Indiana Department of Health

NAFTA

National Economic Council

New Jersey Attorney General's Office

New Jersey Supreme Court

Office of the U.S. Trade Representative

U.S. Air Force

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Department of Justice

U.S. District Court for the District of Arizona

U.S. District Court for the District of Columbia

U.S. District Court for the District of New Jersey

U.S. District Court for the District of Puerto Rico

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Missouri

U.S. Supreme Court

United States District Court for the District of Colorado