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Competition
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November 19, 2024
HP Joins Patent Pool After Resolving Suit Over 'Unfair' Terms
HP has agreed to join a patent pool for coding technology developed by companies like Dolby Laboratories, Mitsubishi and Philips, months after alleging that the group was engaging in "a money grab" to coerce it to accept "unfair and discriminatory licensing terms."
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November 19, 2024
Judge Rejects Infosys' Bid To Seal NDAs In Trade Secrets Row
A Texas federal judge shot down Indian tech company Infosys Ltd.'s efforts to seal nondisclosure agreements involved in a trade secrets case over healthcare software, ruling that there was "nothing commercially sensitive" about them.
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November 19, 2024
9th Circ. Grapples With $56M Verdict In TM Beer Battle
A Ninth Circuit panel on Tuesday weighed whether to uphold a $56 million trial victory for Stone Brewing over allegations that MillerCoors infringed the "Stone" mark with its Keystone beer, with judges digging into questions about whether Stone Brewing filed the suit late.
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November 19, 2024
Trump DOT Pick Puts Highway, Road Rebuilds Back In Focus
President-elect Donald Trump's selection of former Wisconsin congressman Sean Duffy to serve as his secretary of transportation would send a savvy communicator to liaise with Capitol Hill and refocus the federal government's infrastructure investment priorities more on highways, roads and bridges and less on renewables and clean-energy initiatives, experts say.
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November 19, 2024
Alaska Airlines Fights Emergency 9th Circ. Bid To Halt Merger
Alaska Airlines has urged the Ninth Circuit not to grant an emergency motion blocking its $1.9 billion acquisition of Hawaiian Airlines, saying the request was filed by flyers and travel agents "without an emergency" after they waited for four months to try to enjoin the airlines from merging.
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November 19, 2024
Neb. AG Expands Electric Trucks Fight To Volvo, Daimler
However a federal court challenge to California's phaseout of gasoline and diesel trucks plays out, Nebraska's attorney general wants to make sure that Volvo, Daimler and other semitruck giants don't eliminate traditional fossil fuel-powered vehicles, filing a Nebraska state court antitrust suit Tuesday describing phaseout commitments as anticompetitive collusion.
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November 19, 2024
Court Won't Toss Consumer Antitrust Case Against Amazon
A Washington federal court issued a sealed order Tuesday denying Amazon's bid to toss updated claims from consumers seeking billions of dollars over allegations that they pay higher prices thanks to the e-commerce giant's treatment of sellers on its platform.
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November 19, 2024
Ill. Makes $1.8M Staffing Antitrust Deal After High Court Input
Illinois Attorney General Kwame Raoul on Tuesday announced a $1.8 million settlement with one of three staffing agencies the state accused of unlawfully agreeing not to poach each other's employees and to offer below-market wages to those assigned to work for a client they shared.
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November 19, 2024
DOJ Effort To Force Google Chrome Sale Draws Criticism
Google's regulatory chief and at least one trade group are blasting a reported push from the U.S. Department of Justice to seek expansive remedies and potentially force a sale of Google Chrome in an ongoing court battle with the tech giant.
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November 19, 2024
Advertisers Fight Google's Arbitration Bid In Ad Tech MDL
A pair of advertisers seeking to represent a class in multidistrict litigation accusing Google of monopolizing key digital ad technology are fighting a bid to push their claims to arbitration, arguing Google's arbitration agreements are unenforceable.
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November 19, 2024
Senators Blast Visa And Mastercard, Promise Action On Fees
A bipartisan group of Senate Judiciary Committee members blasted executives from Visa and Mastercard on Tuesday over swipe fees charged to merchants, promising to rein in what the lawmakers called the companies' monopoly on credit card payments if they do not change their practices.
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November 19, 2024
Litigation Funder Can't Arbitrate German Biz's Discovery Bid
A Delaware federal judge has denied litigation funder Burford Capital's request to force arbitration of a discovery bid associated with foreign litigation accusing the German arm of law firm Hausfeld LLP of trying to circumvent a German ban on contingency fees in certain antitrust litigation.
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November 19, 2024
Crowell & Moring's NY Antitrust Head Joins King & Spalding
King & Spalding LLP has hired the former leader of Crowell & Moring LLP's New York antitrust practice, saying Tuesday that he will strengthen the firm's business litigation bench.
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November 19, 2024
Unjust PJM Power Auction Rules Must Be Redone, FERC Told
State consumer advocates want the Federal Energy Regulatory Commission to rewrite the electricity capacity auction rules for the nation's largest regional grid operator, saying PJM Interconnection's existing rules unjustly saddle consumers with billions of dollars of extra costs.
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November 19, 2024
Ohio Gov. Orders Immediate NIL Pay Until NCAA Deal Is Final
Ohio Gov. Mike DeWine has signed an executive order directing colleges in his state to immediately begin compensating student-athletes when their names, images or likenesses are used, saying it is needed as athletes await final approval of the settlement in massive NCAA litigation over NIL use.
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November 19, 2024
Kirkland Advises Amcor On $8.4B Berry Global Buy
Kirkland & Ellis LLP-led Amcor PLC said Tuesday it has agreed to purchase fellow packaging company Berry Global Group Inc., in an all-stock deal that values Berry at more than $8.4 billion.
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November 18, 2024
Meta, Netflix Shook Hands On Illicit Streaming Deal, Suit Says
Meta Platforms and Netflix made an unlawful agreement where the social media giant would cede the video-streaming market to Netflix by hobbling its competing service and the streaming giant would funnel its customers' data to boost Facebook's advertising algorithms, according to a proposed class action filed Monday in Illinois federal court.
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November 18, 2024
Potato Cartel Fried Competitive Prices, Consumers Say
Families gathering for Thanksgiving are paying more for their tater tot casseroles and hash browns because the four largest potato processors have formed a cartel to fix the prices of frozen spud products, according to proposed class actions filed Monday in Illinois federal court.
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November 18, 2024
Netgear Says Huawei Engaging In Global Patent 'Warfare'
Router maker Netgear urged a California federal judge Monday to hold a mini-trial to determine a reasonable royalty rate for licensing Wi-Fi technology patents from Huawei, which Netgear claims is engaging in anticompetitive behavior and a "scorched earth worldwide litigation campaign" to extract excessive royalties.
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November 18, 2024
Clemson, Florida State Ask NC Top Court To Toss ACC Suits
Florida State and Clemson universities urged the North Carolina Supreme Court to toss lawsuits brought by the Atlantic Coast Conference over grant of rights contracts, saying the institutions' sovereign immunities aren't waived just because they've agreed to be members of the conference.
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November 18, 2024
Live Nation Says Ticket Buyers Must Arbitrate Antitrust Suit
Live Nation moved to arbitrate a proposed consumer antitrust class action alleging it monopolizes concert promotions and secondary ticketing services for major venues, arguing in New York federal court Friday the customers agreed to arbitrate any dispute each time they logged in to their accounts or accepted secondary ticket transfers.
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November 18, 2024
Brokerage Startup Defends Suit Over NAR Listing Rules
A residential brokerage startup defended its antitrust lawsuit from dismissal motions filed by the National Association of Realtors and multiple brokerages, arguing in Utah federal court that it has standing to bring its suit "as an excluded competitor" and that it's not required to make specific claims about the roles of the defendants in the alleged antitrust conspiracy.
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November 18, 2024
NASCAR Says Clause Removal Shows Fast Appeal Unjustified
NASCAR told the Fourth Circuit on Monday it has removed a controversial clause in its open-team agreements, making it unnecessary to fast-track an injunction appeal by two racing teams, one owned by Michael Jordan, that are suing the organization for alleged monopolistic practices.
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November 18, 2024
FCC's Carr Likely To Test Agency's Ability To Rein In Big Tech
Brendan Carr's selection as the next Federal Communications Commission chair prompted a wave of plaudits from industry and some dismay from liberal groups, but one thing stands out among experts: He will push to counter what he sees as out-of-control conduct by tech platforms.
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November 18, 2024
Electronics Co. Hit With Default In $2B Price Fixing Case
A California federal court will enter a default judgment against Irico Group on claims that could total $2 billion in damages in long-running litigation over an alleged conspiracy to fix cathode ray tube prices after finding the Chinese electronics company failed to preserve evidence.
Expert Analysis
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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The Current State Of Healthcare Transaction Reviews In Calif.
As of April, certain healthcare transactions in California have been subject to additional notification compliance requirements, and complying with these new rules could significantly delay and discourage some deals, says Andrew Demetriou at Husch Blackwell.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Behind The Stagecoach Boundary Fare Dispute Settlement
The Competition Appeal Tribunal's recent rail network boundary fare settlement offers group action practitioners some much-needed guidance as it reduces the number of remaining parties' five-year dispute from two to one, says Mohsin Patel at Factor Risk Management.
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What Companies Should Consider Amid Multistate AG Actions
The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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5 Steps To Navigating State Laws On Healthcare Transactions
As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.
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Orange Book Warnings Highlight FTC's Drug Price Focus
In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Inside Antitrust Agencies' Rollup And Serial Acquisition Moves
The recent request for public comments on serial acquisitions and rollup strategies from the Federal Trade Commission and U.S. Justice Department mark the antitrust agencies' continued focus on actions that fall below premerger reporting thresholds, say attorneys at Paul Weiss.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk
A rare federal court decision under the Robinson-Patman Act, which prohibits certain kinds of price discrimination, highlights the antitrust risks faced by certain suppliers and is likely to be cited by future plaintiffs and enforcement officials calling for renewed scrutiny of pricing and discounting practices, say attorneys at Baker McKenzie.