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Competition
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February 11, 2025
Judge Backs Thomson Reuters In 1st AI Ruling On Fair Use
Tech startup ROSS Intelligence infringed copyrighted material from Thomson Reuters' Westlaw platform to create a competing legal research tool powered by artificial intelligence, a Delaware federal court said Tuesday in a highly anticipated opinion that is the first to rule on whether infringement in AI training is protected by fair use.
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February 11, 2025
Automakers Lose Fight To Block Mass. 'Right To Repair' Law
A Massachusetts federal judge on Tuesday tossed what was left of a long-running suit filed by major automakers seeking to block a Bay State law requiring vehicle manufacturers to provide open access to telematics systems.
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February 10, 2025
Merrill Lynch Objects To New Discovery Bid In Stock Loan Suit
Merrill Lynch told a New York federal court it should deny investors' request for supplemental transaction data in their suit alleging major banks colluded to avoid modernizing the stock loan market, arguing that the discovery period has closed, and there are no legitimate reasons to grant the "burdensome" request.
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February 10, 2025
GOP Sens. Restart Effort To Get Lawmaker OK For Major Regs
It could become tougher for the Federal Communications Commission to adopt new rules for the telecom industry under a bill Republicans have reintroduced that would require a congressional green light for major new regulations.
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February 10, 2025
Apple Urges 9th Circ. Not To Revive Web App Antitrust Suit
Apple asked the Ninth Circuit on Friday to affirm a lower court's dismissal of a case from iPhone buyers accusing it of violating antitrust law by preventing iPhones from running web-based apps, saying the suit alleges a "highly indirect and speculative" harm that's not even an antitrust injury.
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February 10, 2025
Gov't Defends Approval Of CP-KCS Rail Merger To DC Circ.
The federal government told the D.C. Circuit a coalition of Illinois towns is challenging the approval of Canadian Pacific Railway Ltd.'s $31 billion merger with Kansas City Southern Railway Co. over the deal's potential effect on just 23 miles of a combined rail network that spans more than 20,000 miles.
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February 10, 2025
FTC Can't Get Cap On Meta's Up To 86 Antitrust Trial Witnesses
A D.C. federal judge refused Monday to limit the number of witnesses in the Federal Trade Commission's monopolization lawsuit against Meta Platforms, rejecting agency assertions that plans by the Facebook parent company for up to 86 witnesses are "unreasonable."
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February 10, 2025
Grayscale Beats Bitcoin Rival's $2M Unfair Practices Suit
A Connecticut state court judge has handed digital asset management firm Grayscale Investments LLC a summary judgment win on a smaller rival's $2 million unfair trade practices suit over a bitcoin feud, finding that the relevant state law does not apply to the dispute.
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February 10, 2025
Calif. Residents Say Co. Can't Prove Price-Fixing Conspiracy
Two California residents urged a federal judge to grant them a win in a suit accusing them of conspiring to overcharge a buyer that wants to acquire their property to build a city, saying the buyer can't prove they participated in any price-fixing scheme.
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February 10, 2025
Apple Pushes DC Circ. To Pause Google Search Case
Apple told the D.C. Circuit on Monday it did not become clear that it needs to intervene in the government's search monopolization case against Google until enforcers proposed remedies that affected Apple's conduct too.
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February 10, 2025
UnitedHealth Says Fed Suit Imperils Deal's Many Benefits
UnitedHealth Group and home health and hospice giant Amedisys Inc. responded to the U.S. Department of Justice's merger challenge Friday by telling a Maryland federal judge that the government is taking quotes out of context, focusing on "artificially narrow geographic markets" and misjudging market realities.
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February 10, 2025
Jazz Pharma Drops Last Defendant From Epidiolex Patent Suit
Jazz Pharmaceuticals Inc. has reached an agreement to dismiss all claims and counterclaims with the last remaining defendant in its consolidated lawsuits over patents covering its epilepsy treatment Epidiolex, according to a filing from the company in New Jersey federal court.
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February 10, 2025
Aerospace Co. Seeks To Toss Ex-Exec's Amended Claims
A Garden State-based aerospace company is asking a federal judge to dismiss with prejudice the second amended counterclaims by its ex-president and his new business in a trade secrets case, according to court filings.
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February 10, 2025
Trump Buyout Plan Still On Hold As Unions Cite 'Confusion'
A Boston federal judge on Monday extended his hold on President Donald Trump's federal worker buyout program as he weighs a request from unions to block the so-called Fork Directive, which promises months of pay to government employees who resign their posts.
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February 10, 2025
DC Judge Won't Stop Shein's Copyright Takedowns On Temu
A D.C. federal judge declined to block fast fashion giant Shein from inundating rival online retailer Temu with copyright takedown requests, finding Temu's claimed injury was economic and thus not irreparable.
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February 10, 2025
Investor Urges US Steel To Dump Deal After Trump Comments
Activist investor Ancora Holdings Group on Monday urged U.S. Steel to abandon its proposed $14.9 billion merger with Japan's Nippon Steel, stating that the deal has "no chance of being resurrected" in light of statements made by President Donald Trump on Friday.
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February 10, 2025
Ex-FTC Commissioner's Accusers Call Damages Bid 'Fiction'
Women who accused former FTC Commissioner Joshua Wright of sexual misconduct stemming from his role as a law professor have told a Virginia judge that his damages expert in his defamation lawsuit against them failed to do his homework and his testimony shouldn't be allowed at the upcoming trial in the case.
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February 10, 2025
Tennis Players Bid For Class Cert. In NCAA Prize-Money Feud
Two athletes challenging NCAA rules curbing college tennis players' ability to accept prize money in outside tournaments have asked a North Carolina federal judge to certify a class of potentially thousands of players, stressing the sweeping impact of the association's restrictions.
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February 07, 2025
Copyright Office Seeks Info On Performance Rights Groups
The U.S. Copyright Office wants more information about how performance rights organizations, or PROs, are being used to collect music royalties, in response to a letter from a trio of Republican lawmakers on the issue.
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February 07, 2025
Nippon-US Steel Merger Targeted By Consumers In Calif.
A group of consumers has asked a California federal court to prohibit Japan's Nippon Steel Corp. from acquiring U.S. Steel Corp. in their proposed $14.9 billion mega-merger, filing suit just days before President Donald Trump suggested that the deal was being called off.
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February 07, 2025
DOJ Tells DC Circ. Not To Delay Google Search Fix For Apple
The U.S. Department of Justice and state enforcers told the D.C. Circuit Friday that the remedies phase of the search monopolization case against Google is too important to wait while Apple appeals a ruling denying its last minute bid to intervene in the case.
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February 07, 2025
5th Circ. Pauses Suit Over CFPB's Small Biz Lending Rules
The Fifth Circuit on Friday paused a case challenging the Consumer Financial Protection Bureau's new small business minority data rule after the bureau's counsel was unable to argue its case following a directive ordering the agency to stop much of its work to "promote consistency with the goals of the administration."
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February 07, 2025
Wis. Football Player Gets Additional Year Of Eligibility
A federal judge has granted a University of Wisconsin football player another year of eligibility, overriding the NCAA's five-year-rule and noting that the landscape of college athletics has shifted.
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February 07, 2025
Ousted CMA Chair Says 'Misinformation' Remains A Challenge
The recently ousted chair of the U.K.'s Competition and Markets Authority reflected on what he said were great strides undoing the antitrust agency's "technocratic" character, but added it made the least progress in combating "lobbying and misinformation" intended to undermine the agency's decisions, including around the cleared Microsoft-Activision merger.
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February 07, 2025
OpenAI Can't Avoid Reverse TM Confusion Claim, Judge Says
A California federal judge has allowed a trademark infringement counterclaim to proceed against OpenAI by a company with a similar name, finding Open Artificial Intelligence Inc. has plausibly alleged its mark became associated with AI tools before OpenAI became widely known for ChatGPT.
Expert Analysis
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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.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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5 Antitrust Issues For In-House Counsel In 2025
Attorneys at Squire Patton evaluate the top areas where U.S. antitrust policy is likely to change in the next 12 months, including major challenges to the Federal Trade Commission's authority that could reshape enforcement.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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4 Trade Secret Pointers From 2024's Key IP Law Developments
Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.
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Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing
The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.
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Using Contracts As Evidence Of Trade Secret Protection
Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.
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2025's Midmarket M&A Terrain May Hold A Few Bright Spots
Attorneys at Stoel Rives assess middle-market merger and acquisition trends, and explain why many dealmakers have turned cautiously optimistic about the sector's 2025 prospects, despite potential inflation and new Federal Trade Commission rules.