Competition

  • December 09, 2024

    Justices Pan Broadway Producer's Blacklist Suit Revival Bid

    The U.S. Supreme Court has dashed a Broadway producer's hopes that it would breathe new life into his claims accusing a stage workers union of breaking antitrust laws by discouraging members from working with him following complaints about unpaid wages.

  • December 09, 2024

    US Air Withdraws Fight For $139M In Costs After Sabre Deal

    US Airways is dropping its demand for $139 million in attorney fees and costs after settling the issue with flight booking giant Sabre, a development poised to conclude the long-running New York federal court case accusing Sabre of monopolizing ticket distribution systems.

  • December 09, 2024

    2nd Circ. Mulls If DirecTV Has Standing In Retransmission Fight

    The Second Circuit is set to decide whether DirecTV's refusal to ink retransmission deals with two companies that it says were illegally collaborating with Nexstar Media Group means that it doesn't have injury to bring an antitrust suit accusing the companies of trying to fix prices.

  • December 09, 2024

    Boies Schiller Adds 2 Litigators In New York, San Francisco

    Boies Schiller Flexner LLP has hired two litigators for its New York and San Francisco offices, the firm announced Monday.

  • December 09, 2024

    Pa. Fudge Maker Seeks Atty Fees In 'Moonshine' TM Fight

    Even though a Pennsylvania jury had found that Local Yokels Fudge and Christopher Warman's ex-wife had copied his secret "Chocolate Moonshine" fudge recipe, the defendants want Warman to pay some of their legal bills because they say he made frivolous trademark claims and falsely claimed they were still using the recipe after the 2023 trial.

  • December 06, 2024

    Billionaires Show New Interest In Texas' Intermediate Courts

    Billionaire-backed funding in Texas helped push a wave of Republican judges who swept races for intermediate appellate courts across the state, representing a new level of corporate spending in judicial races often marked by underfunded campaigns and low voter awareness.

  • December 06, 2024

    High Court To Weigh $47M TM Award Liability For Non-Parties

    A trademark case before the U.S. Supreme Court Wednesday will delve into whether corporate affiliates of a real estate development company should be liable for an infringement judgment of nearly $47 million, even though they were not named defendants in the litigation.

  • December 06, 2024

    Mich. Pot Cos. Get A Shot At Undoing Rivals' Licenses

    Two Detroit-area companies that largely lost their bids challenging a municipality's award of marijuana retail licenses to competing enterprises will get an opportunity to invalidate those permits in court, a Michigan state appeals court has ruled, finding the city violated the state's open meetings law.

  • December 06, 2024

    Lawmakers Say DraftKings, FanDuel May Be Blocking Rivals

    A pair of lawmakers have sent a letter to the heads of two U.S. antitrust agencies raising concerns that DraftKings and FanDuel are blocking competition from emerging sports betting operators.

  • December 06, 2024

    Merrill Lynch Can't Beat Stock Loan Class Cert. Bid

    A New York federal judge on Friday overruled objections from Bank of America unit Merrill Lynch to certify a class of investors, with a slightly extended class period, in a suit alleging the financial institution colluded with other major banks to avoid modernizing the stock loan market.

  • December 06, 2024

    FTC Dems Tout Impact of Handbag Merger Win

    The Federal Trade Commission's leader said a recent court ruling that led the owners of Coach and Michael Kors to abandon their planned $8.5 billion tie-up should make it easier to prove mergers hurt competition without needing to rely on expensive economic experts.

  • December 06, 2024

    ​​​​​​​Top Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates more than 80 times in November as they sought to sway the FCC on new rules for hyper-local FM broadcasts, making it easier to attach broadband gear to utility poles, revamping the 6 gigahertz band and more.

  • December 06, 2024

    New EU Antitrust Head Leaves Google Breakup 'On The Table'

    A potential breakup of Google, particularly its advertising placement technology business, remains on the table on both sides of the Atlantic, based on comments from the European Union's brand new antitrust chief.

  • December 06, 2024

    Trump DOJ Antitrust Pick Means 'Google Should Be Nervous'

    President-elect Donald Trump's pick to lead the U.S. Department of Justice Antitrust Division signaled the aggressive push against major technology giants is likely to continue, but may also suggest a somewhat friendlier reception for mergers.

  • December 06, 2024

    Atty Tells Jury She's 'Furious' Over Aircraft Co.'s Suit

    An attorney suing an aviation company she formerly represented and three Blank Rome LLP lawyers told a Pennsylvania federal jury on Friday that she was "furious" to learn that the company accused her of misusing confidential information after she left to pursue plaintiffs work.

  • December 06, 2024

    Off The Bench: Kyrie Irving Sued, Golf's New Transgender Ban

    In this week's Off The Bench, the New York Knicks and Rangers sue the unknown masses of people selling counterfeit team gear, a therapist who put on a family retreat for Kyrie Irving sues him over the bill, and two major golf organizations block transgender players from women's tournaments.

  • December 06, 2024

    Gov't Appeals Texas Judge's Block On Anti-Laundering Law

    The U.S. government has appealed a Texas federal judge's order that halted the rollout of new reporting requirements aimed at unmasking anonymous shell companies, setting the stage for the Fifth Circuit to weigh in on the nationwide preliminary injunction.

  • December 06, 2024

    Freshfields Adds 2 Corporate Laterals In Silicon Valley

    Freshfields Bruckhaus Deringer LLP has expanded its offerings in Silicon Valley with the additions of a capital markets attorney from Cooley LLP and an employee benefits and executive compensation attorney from Goodwin Procter LLP.

  • December 05, 2024

    Jane Street Ends Trade Secret Fight With Rival Investing Firm

    Jane Street Group LLC and Millennium Management LLC have agreed to put to rest their trade secrets dispute over a proprietary trading strategy, according to a joint stipulation of dismissal filed Thursday in New York federal court.

  • December 05, 2024

    Fed. Circ. Grapples With Injunctions On Eylea Biosimilars

    Regeneron Pharmaceuticals Inc. faced a two-pronged challenge before a Federal Circuit panel Thursday as two companies sought to undo a court order prohibiting them from releasing their biosimilar versions of Regeneron's Eylea eye medication.

  • December 05, 2024

    Apple To Appeal Epic's Atty-Client Privilege Challenge Win

    Apple and Epic Games told a California federal judge Thursday that they've agreed on a protocol for a special master to re-review 57,000 documents that Apple claims are attorney-client privileged in their antitrust fight, while Apple added that it plans to appeal his finding that its privilege assertions over a sample were overbroad.

  • December 05, 2024

    Investors Sue Pegasystems In Corporate Espionage Case

    Business software developer Pegasystems Inc. has been hit with allegations that it misled an asset management firm by concealing its use of illegal and unethical tactics to misappropriate competitor Appian Corp.'s trade secrets, which led to a since-overturned $2 billion Virginia state court judgment for unjust enrichment. 

  • December 05, 2024

    Netgear Seeks Anti-Suit Injunction Over Huawei's Wi-Fi SEPs

    Netgear is urging a California federal judge to block Chinese router-maker Huawei Technologies from seeking injunctions through Wi-Fi patent infringement actions the company pursued in foreign courts, arguing that Huawei is trying to impose excessive royalty rates and is avoiding its commitment to license its patents on reasonable terms.

  • December 05, 2024

    Providers' $2.8B BCBS Antitrust Deal Gets Judge's Initial OK

    An Alabama federal judge has given his initial approval for a $2.8 billion settlement inked between Blue Cross Blue Shield Association and a proposed class of medical providers in a more than 12-year-old antitrust case targeting association rules.

  • December 05, 2024

    Gov't Efficiency Push Is A 'New Day,' House Speaker Says

    House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.

Expert Analysis

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Bayer Antitrust Case Hinged On Evolving Market Definition

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    Generic flea and tick medication manufacturer Tevra's evolving market definition played a key role in the development and outcome of its five-year antitrust litigation against Bayer Healthcare, highlighting challenges that litigants may face when a proposed definition is assessed at trial, say Amy Vegari and Colleen Anderson at Patterson Belknap.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • IP Hot Topic: The Intersection Of Trademark And Antitrust Law

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    Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Series

    After Chevron: What To Expect In Consumer Protection At FTC

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    Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.

  • RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny

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    The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.

  • Comparing 5 Administrators' Mass Arbitration Procedures

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    Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Considering Noncompete Strategies After Blocked FTC Ban

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    A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.

  • Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling

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    The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.

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