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Competition
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January 22, 2025
Hotel Guests Urge 3rd Circ. To Revive Algorithmic Pricing Suit
Guests accusing Atlantic City hotel-casino owners of inflating room rates by using the same software have told the Third Circuit that a lower court was wrong to rely on a similar case targeting room rates in Las Vegas when dismissing their claims.
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January 22, 2025
Vanderbilt QB, NCAA Want Eligibility Suit Paused Amid Appeal
Vanderbilt University star quarterback Diego Pavia and the NCAA have asked to pause Pavia's lawsuit that challenges NCAA eligibility rules, pending the organization's appeal to the Sixth Circuit of a recent decision granting him an additional year of eligibility.
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January 22, 2025
Connell Foley Fights DQ Bid In Investment Firm's Bias Suit
A group of current and former New Jersey state officials blasted a motion to disqualify their counsel at Connell Foley LLP in a discrimination suit from a Black-owned investment firm in New Jersey federal court, calling the move a frivolous and bad faith stalling tactic.
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January 22, 2025
Case Removal Rules Aimed At Fairness, Ex-Atty Tells 5th Circ.
Several Fifth Circuit judges seemed keen Wednesday to clarify what activity in state court would bar litigants from removing their cases to federal court, as the full appeals court reconsidered a remand order for a Houston firm's poaching suit.
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January 22, 2025
Snooker Star's Biz Files £10M Claim Over Player Contracts
A company part-owned by snooker world champion Ronnie O'Sullivan has lodged a claim with the Competition Appeal Tribunal over contract terms that prevent players from taking part in tournaments not organized by the sport's major governing body.
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January 21, 2025
Walmart Settles IP Suits Over Ugg, Hoka, Teva Footwear
Walmart Inc. is settling a couple of trade dress and patent infringement lawsuits Deckers Outdoor Corp. lodged that accused the retail giant of ripping off several UGG, Hoka and Teva boot and slipper designs, according to notices the companies filed Friday in California federal court.
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January 21, 2025
Intuitive Seeks Midtrial End To Robo-Surgery Antitrust Suit
Before calling its first defense witness Tuesday, Intuitive Surgical urged a federal judge to find in its favor in a trial over claims that it abused its market dominance by blocking third parties from refurbishing a component of its da Vinci surgery robot, saying there's no evidence of an unlawful tying arrangement.
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January 21, 2025
Court Tosses Yacht Sale Broker Fee Antitrust Case, For Now
A Florida federal court dismissed a case on Tuesday from boat sellers alleging they paid inflated broker fees when selling used vessels through yacht listing services, but will allow the sellers to file an amended complaint.
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January 21, 2025
AI Auto Damage-Assessing Giant Settles Monopoly Claims
Tractable Inc. and CCC Intelligent Solutions have reached a deal to end their trade secrets and antitrust dispute, after Tractable accused CCC of leveraging its dominant share of the auto collision-assessment market to stifle consumer choice and increase prices.
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January 21, 2025
Colo. City Blocking Fiber Co. For Own Benefit, Suit Says
Colorado's second-biggest city has been denying a fiber internet company access to its utility easements because it doesn't want it competing with the city's own internet service, Metronet claims in a new lawsuit.
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January 21, 2025
ACC Asks Fla. High Court To Pause FSU's Suit
The Atlantic Coast Conference said Tuesday that it intends to ask the Florida Supreme Court to take up its bid to halt Florida State University's grant-of-rights contractual lawsuit in favor of the conference's action in North Carolina.
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January 21, 2025
DOJ Fights Visa's Bid To Duck Monopoly Case
The U.S. Department of Justice urged a New York federal court not to toss its case accusing Visa of illegally maintaining a monopoly over debit card networks, saying the company's dismissal bid misconstrues the law and wrongly tries to expand the market at issue.
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January 21, 2025
TTAB Shuts Down USA Ham's Bid To Register Meat Mark
The Venezuelan owner of meat company La Montserratina won its challenge to a U.S.-based company's bid to register the mark for its own products after the Trademark Trial and Appeal Board found the "applicant's copying capitalizes on" the South American company's reputation.
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January 21, 2025
Womble Bond Atty Appeals Contempt Ruling To 4th Circ.
A Womble Bond Dickinson partner is appealing a North Carolina federal judge's December ruling holding him in contempt of court for failing to correct misrepresentations he allegedly made to a Dutch tribunal in parallel litigation involving a software developer and its former Dutch partner.
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January 21, 2025
FTC Gives Nod To Chevron's $53B Hess Buy, With Conditions
The Federal Trade Commission has formally approved a consent order resolving antitrust concerns over Chevron Corp.'s planned $53 billion acquisition of Hess Corp., one that bars CEO John Hess from joining the combined company's board.
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January 21, 2025
Pactiv Evergreen's $6.7B Sale To Novolex Goes Unchallenged
Food merchandising product maker Pactiv Evergreen on Tuesday revealed that the waiting period for its $6.7 billion merger with packaging products manufacturer Novolex has expired, clearing the path for the deal to close.
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January 21, 2025
Former DOJ Antitrust Leader Joins Cravath From Paul Weiss
The former co-chair of Paul Weiss Rifkind Wharton & Garrison LLP's antitrust practice group, who previously served as the ranking deputy at the U.S. Department of Justice's Antitrust Division, has joined Cravath Swaine & Moore LLP as a New York-based litigation partner.
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January 21, 2025
Trump Orders Federal Workers Back To Office
On his first day back in the Oval Office, President Donald Trump ordered federal workers back to theirs.
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January 21, 2025
British Gas And E.ON Fight To Overturn Gov't Buyout Of Rival
Energy suppliers British Gas and E.ON urged the Court of Appeal on Tuesday to give them a second chance to argue that the government mishandled the taxpayer-supported buyout by Octopus Energy of a collapsed rival amid skyrocketing energy prices.
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January 21, 2025
Class Action Reps Face Tougher Bar On Leadership Capability
The recent outright refusal by the Competition Appeal Tribunal to certify a class action against Amazon and Apple due to concerns over the "independence" of the proposed class representative indicates the CAT's toughening approach to the suitability of those selected to lead high-value consumer claims.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 20, 2025
Trump, Musk Sued By Nonprofits Over DOGE Transparency
Public Citizen and other nonprofits hit the Trump administration with multiple lawsuits seeking to shut down the new Department of Government Efficiency in D.C. federal court Monday, alleging the Elon Musk-led advisory committee targeting government waste lacks requisite transparency guardrails to prevent DOGE from solely advancing private interests.
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January 20, 2025
Law Prof Wins Battle To Lead £2.7B Amazon Class Action
The Competition Appeal Tribunal ruled on Monday that a law academic can act as the representative in a proposed class action against Amazon, deciding that the professor presented a more viable claim than a trade organization also vying for the role.
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January 17, 2025
No Conflict In Judge's Friendship, John Deere, Farmers Say
John Deere and the farmers suing it in a right-to-repair suit said they have no concerns about the potential conflict of interest an Illinois federal judge flagged, saying there was "no reason" for the jurist to recuse himself, according to a joint letter filed by the parties.
Expert Analysis
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Series
Illinois Banking Brief: All The Notable Legal Updates In Q4
While the last quarter of 2024 didn't bring any notable state financial legislation, Illinois banks did see developments in the challenge to the Interchange Fee Prohibition Act, and received some awaited guidance on credit line disclosures and bank-fintech relationships, say attorneys at Dykema.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Takeaways From DOJ, FTC End To Collaboration Guidelines
The Federal Trade Commission's and U.S. Department of Justice's recent decision to withdraw the guidelines for collaborations among competitors may reflect a desire for clearer parameters by emphasizing case law on specific ventures, but it also carries the potential to chill some future collaboration, say attorneys at Patterson Belknap.
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What To Expect In Higher Ed Enforcement Under Trump
Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.
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Series
NY Banking Brief: All The Notable Legal Updates In Q4
In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
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FTC Picks Augur Pro-Business Bent For Much Of Economy
President-elect Donald Trump's choice of two top Federal Trade Commission officials suggests a business-friendly climate for a significant portion of the U.S. economy, with noteworthy exceptions of continued scrutiny of healthcare and Big Tech companies, excluding artificial intelligence, say attorneys at BCLP.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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What 2024's Noncompete Turmoil Means For Banks In 2025
A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
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Searching For Insight On Requested Google Chrome Remedy
The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
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Opinion
3 New Year's Resolutions For Antitrust Agencies To Consider
James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.
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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.