Competition

  • February 06, 2025

    In Microchip Feud, Fed. Circ. Says PTAB Error Was 'Harmless'

    The Federal Circuit handed down a precedential decision Thursday finding that a claim construction error made by patent board judges was "harmless," declining to breathe new life into claims asserted against Microchip Technology.

  • February 06, 2025

    Judge Questions Firm's Candor In Apple, Amazon Docs Row

    A Washington federal judge said on Thursday there was "troubling shifting" around Hagens Berman Sobol Shapiro LLP's explanation of texts and emails with a client who disappeared from a proposed class action targeting Amazon and Apple, while also saying it might not matter because the firm found substitute plaintiffs.

  • February 06, 2025

    SEC 'Exposes Lunacy' Through Its Dueling Suits, PE Firm Says

    A South Carolina private equity fund said Thursday the U.S. Securities and Exchange Commission is trying to gut it through a Florida lawsuit, telling a Texas judge the commission made "out of touch statements" on how the litigation will harm its business.

  • February 06, 2025

    Jeld-Wen Appealing Forced Factory Sale To 4th Circ., Again

    Jeld-Wen Inc. is taking another trip to the Fourth Circuit to fight an order forcing it to sell a door skin factory, filing a notice of appeal Thursday after a Virginia federal judge said a $115 million price is fair.

  • February 06, 2025

    Earthlink Investors' Attys Score $28M In Merger Suit

    The attorneys who helped Earthlink investors score an $85 million settlement with the company after they said they were tricked into approving a $1.1 billion merger with a failing telecommunications company will be walking away with almost $28 million for their trouble.

  • February 06, 2025

    Sam Altman Calls Musk's Claim Of Ban On Rivals 'False'

    OpenAI CEO Sam Altman said the key claim made in a preliminary injunction request from Elon Musk in their ongoing investment spat is false, saying in a new declaration that he never told OpenAI investors that they wouldn't be able to invest in the company if they also invested in Musk's xAI.

  • February 06, 2025

    Drug Cos. Urge Full Fed. Circ. To Hear Teva Orange Book Row

    The branded pharmaceutical industry is lining up behind a legal effort from Israeli drugmaker Teva that wants the full Federal Circuit to hear a dispute over delisting patents from the U.S. Food and Drug Administration's Orange Book.

  • February 06, 2025

    Amazon Patent Suit Was Wrongly Sent To Calif., Tech Co. Says

    Software company VirtaMove Corp. has argued that its patent infringement lawsuit against Amazon and two affiliates was wrongly transferred from Texas to California, saying it dismissed the case against two of the three defendants before the court's order went out.

  • February 06, 2025

    UnitedHealth Drops Bid To Toss Home Health Deal Challenge

    UnitedHealth Group and home health and hospice giant Amedisys Inc. dropped their bid to toss a case challenging their $3.3 billion merger after enforcers detailed the home health and hospice markets they allege will be hurt by the deal.

  • February 06, 2025

    JPMorgan's State Trade Secret Data Row Claim Axed, For Now

    A federal judge in Delaware has ruled that JPMorgan Chase & Co. sufficiently alleged Argus Information & Advisory Services violated a federal trade secrets law by allegedly misusing anonymized credit card data collected from banks, but said JPMorgan's contention Argus violated a Delaware trade secret law could not stand.

  • February 06, 2025

    FTC GOP Focusing On Merger 'Friction,' AI, 'Censorship'

    Federal Trade Commission Republicans are beginning to signal their Trump-era policies, including a friendlier approach to mergers with fewer challenges based on "weak or factually unsupported theories," a more hands-off take on artificial intelligence, and a heavy emphasis on combating alleged online censorship of conservatives.

  • February 06, 2025

    UFC Fighters Get Final Approval For $375M Settlement

    A Nevada federal judge granted final approval Thursday to a $375 million settlement in a more than a decade-long class action in which fighters accused UFC of suppressing their wages, according to a lead attorney on the case.

  • February 06, 2025

    Texas' Google Ad Tech Trial Delayed From March To August

    A Texas federal judge has pushed back the trial date for a group of Texas-led states' antitrust suit against Google over its digital advertising business, moving the scheduled start from March to August.

  • February 06, 2025

    Pot Co. Jushi Can't End Rival Shop's Antitrust Claims

    Cannabis distributor Jushi Holdings could plausibly be shown to have taken advantage of a Massachusetts town's retail marijuana permitting process and conspired with the sellers of a shop it purchased in 2021 to block a competitor from opening nearby, a Massachusetts federal judge ruled.

  • February 06, 2025

    Judge Puts Atty On Hook For Fees For Conduct In TM Trial

    A California judge ordered an attorney who represented a microphone manufacturer that lost a trade dress infringement trial to be jointly responsible with his client for attorney fees and costs as a sanction for his conduct during the case.

  • February 06, 2025

    Harvard Biotech Patent Case Ends With Mid-Trial Deal

    Harvard University and biotech developer 10x Genomics Inc. on Thursday reached a settlement agreement with rival developer Vizgen Inc. after three days of trial, ending a case over alleged infringement of tissue sample analyzation patents.

  • February 06, 2025

    Trump's Federal Worker Buyout Plan Put On Hold

    A Massachusetts federal judge on Thursday put on hold the Trump administration's "deferred resignation" program for federal employees, delaying the deadline for workers to accept the offer until Monday while the court weighs the legality of the move.

  • February 06, 2025

    XPO Says Ex-Account Execs Poached Its Customers For Rival

    Logistics company XPO Inc. is accusing two ex-employees of violating their nonsolicitation and confidentiality agreements by poaching its clients after leaving to work for a rival firm, but the workers say the contracts are unenforceable, anyway.

  • February 05, 2025

    California Tribes Sue Feds Over 'Massive' Casino Project

    The Wintu Tribe of Northern California and the Paskenta Band of Nomlaki Indians hauled several federal agencies into Washington, D.C., federal court for allegedly greenlighting a plan to turn over 220 acres of Indigenous territory into a "massive" casino development without evaluating the environmental impact or the land's cultural significance.

  • February 05, 2025

    Dems Want Probe Of RealPage Role In Military Rent Hikes

    Senate Democrats are calling on the Department of Defense to open an investigation into property management software company RealPage, saying the company may be driving rent hikes for military families.

  • February 05, 2025

    Schwab To Add Oversight To End TD Ameritrade Buy Suit

    The Charles Schwab Corp. has agreed to implement an antitrust compliance program designed by an independent consultant in order to settle claims from a proposed class of retail investors who alleged they were forced to pay increased transaction costs for trades following the Schwab-TD Ameritrade merger in 2020.

  • February 05, 2025

    RealPage Says Missing Market Power Dooms Antitrust Suit

    RealPage Inc. is making another effort to dodge antitrust allegations after the government expanded its case to rope in half a dozen residential landlords, arguing the amended pleading still falls short of showing the property management software company has enough market power to influence rent prices.

  • February 05, 2025

    Judge Found 'Vertical' Mattress Deal Won't Hurt Competition

    U.S. District Judge Charles Eskridge rejected the Federal Trade Commission's bid to pause Tempur Sealy's planned $5 billion purchase of Mattress Firm after finding a merger of the mattress supplier and retail chain would likely increase competition, if it has any impact at all.

  • February 05, 2025

    Ryanair Loses €1B TAP State Aid Challenge

    Low-cost Irish airline Ryanair has lost yet another attempt to stop state aid from being delivered to its rivals in the airline industry after a European Union court on Wednesday batted away its challenge to a €1.2 billion ($1.249 billion) aid package for the parent company of TAP Air Portugal.

  • February 05, 2025

    College Baseball Player Seeks Pause Of NCAA Eligibility Rule

    A college baseball player on Wednesday asked a Massachusetts federal court to temporarily pause the NCAA's five-year rule that the organization cited in denying him one more year of eligibility, in yet another lawsuit challenging the regulation.

Expert Analysis

  • Series

    Playing Diplomacy Makes Us Better Lawyers

    Author Photo

    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • 5th Circ. Shows Admin Rules Can Survive Court Post-Chevron

    Author Photo

    The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.

  • Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'

    Author Photo

    The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.

  • Mental Health First Aid: A Brief Primer For Attorneys

    Author Photo

    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

    Author Photo

    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

  • 8 Issues AI Firms May Encounter As M&A Action Accelerates

    Author Photo

    As the AI merger climate heats up, potential complications may arise, including antitrust scrutiny, talent retention agreements, and aggressive and protective deal terms intended to compensate for lofty valuations, say Scott Schwartz and Kishan Barot at Manatt.

  • Series

    Collecting Art Makes Me A Better Lawyer

    Author Photo

    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Takeaways From Novo Nordisk's Fight For Market Exclusivity

    Author Photo

    Generic competitors’ challenge to Novo Nordisk’s patents in hopes of capturing a portion of the rapidly expanding Type 2 diabetes and obesity treatment market highlights the role of abbreviated new drug application litigation, inter partes review and multidistrict litigation in patent defense, says Pedram Sameni at Patexia.

  • Managing Sanctions Defense Across Multiple Jurisdictions

    Author Photo

    Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.

  • Takeaways From TOTSA Settlement And Critical CFTC Dissent

    Author Photo

    The U.S. Commodity Futures Trading Commission's recent settlement with TOTSA highlights the agency's commitment to enforcing market integrity and deterring manipulative practices, while Commissioner Caroline Pham's dissent to the settlement spotlights the need for transparency and consistency in enforcement actions, say attorneys at Davis Wright.

  • Building US-Japan Relationships In The M&A Market

    Author Photo

    The prospect of U.S.-Japanese mergers and acquisitions presents stronger competition to U.S. investors in the global M&A markets, while also opening up an additional exit route for sellers looking to offload strategic assets, says Nick Wall at A&O Shearman.

  • Litigation Inspiration: Honoring Your Learned Profession

    Author Photo

    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out

    Author Photo

    Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

    Author Photo

    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • A Class Action Trend Tests Limit Of Courts' Equity Powers

    Author Photo

    A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Competition archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!