Competition

  • September 05, 2024

    Investment Firm Fights Order To Return Docs In NJ Bias Suit

    A Black-owned investment firm accusing BlackRock Inc. and New Jersey of squeezing it out of a lucrative contract has challenged a U.S. magistrate judge's order to return redacted emails to the Garden State, arguing that the order was made without a full written record or a requested conference on the privilege dispute.

  • September 05, 2024

    Mayors Say No To FCC Bulk Billing Proposal

    Dozens of mayors from across the country have teamed up to tell the Federal Communications Commission that they are against its plans to enact stricter regulations against bulk billing arrangements, saying the agency's "intervention would be detrimental."

  • September 05, 2024

    PE Firm Argues Tossing of FTC Case Also Ends Workers' Suit

    The dismissal of a government antitrust action against Welsh Carson Anderson & Stowe warrants the dismissal of a second lawsuit brought by a Houston workers' benefit fund since the complaint is "unapologetically based" on the parallel Federal Trade Commission action, the private equity firm told a Houston federal judge in a hearing Thursday.

  • September 05, 2024

    Google Wants To Know Now What Search Fixes DOJ Will Seek

    The U.S. Department of Justice and Google are offering a D.C. federal judge opposing views about how the remedy phase should go in the search monopolization case, with Google pressing to know as soon as possible what enforcers will be asking for.

  • September 05, 2024

    CFPB Flags Rental Price-Fixing As Among FDCPA Concerns

    In a Thursday report to Congress, the Consumer Financial Protection Bureau said rent-setting algorithms of the sort used by RealPage could amount to price-fixing, making efforts to collect on inflated rental debt a violation of federal law.

  • September 05, 2024

    Shoemaker Can't Avoid Birkenstock's Copycat Suit

    A Massachusetts-based shoemaker and its manufacturer must face almost every intellectual property claim brought against it by Birkenstock after a federal judge declined to dismiss all but one claim in the popular brand's suit alleging design patent, trademark and trade dress infringement.

  • September 05, 2024

    DOJ And Google Set For Trial, Again, This Time Over Ad Tech

    The U.S. Department of Justice is up Monday for its second high-stakes trial against Google in a year, going after the alleged monopolization of key digital advertising technology in Virginia federal court.

  • September 05, 2024

    Flyers Denied $34M Fee For JetBlue, Spirit Deal Challenge

    Airline passengers who launched an antitrust lawsuit over JetBlue's since-scrapped plan to merge with Spirit won't recoup any of the $34 million in legal fees they urged a Massachusetts federal court to award because the travelers can't be considered to have won on their claims, a federal judge in Boston said Thursday.

  • September 05, 2024

    Ill. Judge Exits Home Sellers' Broker Fees Antitrust Suit

    An Illinois federal judge has recused herself from a certified and settled class action that accused the National Association of Realtors and multiple major brokerages of conspiring to charge artificially inflated broker commissions for home sellers.

  • September 05, 2024

    Veteran Biz Lawyer Set To Mediate NCAA Prize Money Fight

    The National Collegiate Athletic Association and University of North Carolina tennis player Reese Brantmeier have jointly agreed to have veteran Tarheel State business litigator Ray Owens mediate their dispute over the organization's limits on athletes receiving prize money from outside competitions.

  • September 05, 2024

    Ticketmaster Faces UK Probe Over Oasis Tour Sales

    The competition watchdog said Thursday it has launched an investigation into Ticketmaster over concerns that it duped fans of Oasis into paying higher prices for their tickets to the rock band's scheduled reunion concerts using so-called dynamic pricing.

  • September 05, 2024

    UK Probes Acerinox's $800M Bid For Haynes International

    Britain's antitrust authority said Thursday that it has launched a formal investigation into the planned $798 million takeover by stainless steel manufacturer Acerinox of Haynes International, which makes alloys, to assess whether the deal would weaken domestic competition.

  • September 04, 2024

    Albertsons CEO Takes Stand On Kroger Merger, Missing Texts

    Federal Trade Commision attorneys on Wednesday pressed Albertsons Cos. Inc. CEO Vivek Sankaran in Oregon federal court about why he had such dire predictions about the company's future without a merger with Kroger despite previous statements about how his company had been crushing the competition.

  • September 04, 2024

    Nonsolicits Don't Need Geographic Terms, Ga. Justices Say

    The Supreme Court of Georgia said on Wednesday that restrictive covenants don't need to contain an explicit territorial component for them to be deemed reasonable under state law, reviving a marketing organization's attempt to enforce a nonsolicitation provision in its contracts with independent agents.

  • September 04, 2024

    Cheer Parents Request $35M In Fees, Costs For Antitrust Deal

    Three moms that reached an $82.5 million settlement with Varsity Brands in litigation claiming the cheerleading giant stifled competition and raised participation costs asked a Tennessee federal court Wednesday for $35 million of that fund to pay their attorneys' fees and costs.

  • September 04, 2024

    Towns Say Settlement Doesn't Limit Rail Merger Appeal

    A coalition of Illinois towns challenging the approval of Canadian Pacific's $31 billion merger with Kansas City Southern told the D.C. Circuit the federal government is trying to use a settlement struck by Chicago's commuter rail system to limit the issues in the case.

  • September 04, 2024

    Market Realities On, Merger Reviews Off Table In Ad Tech Trial

    A Virginia federal judge put slight limits Wednesday on the evidence the U.S. Justice Department and Google LLC can present in next week's advertising technology monopolization suit, allowing Google to push its own views of the market but limiting its ability to bring up past merger reviews.

  • September 04, 2024

    NC Biz Court Bulletin: Blackbeard IP Fight, Firm Data Breach

    As summer winds down, the North Carolina Business Court tackled usage rights pertaining to footage and artifacts from Blackbeard's shipwreck while grappling with uncovering the details of a cyberattack that exposed the data of Cadwalader Wickersham & Taft LLP. In case you missed those and others, here are the highlights.

  • September 04, 2024

    OpenAI Wants News Org.'s Copyright Suit Cut To Core Issue

    OpenAI has asked a New York federal judge to dismiss multiple claims from a copyright suit brought against it and Microsoft Corp. by the Center for Investigative Reporting Inc., arguing the case should be pared down to the "core issue" of how the fair use doctrine applies to artificial intelligence training.

  • September 04, 2024

    Glenmark Will Pay $25M To End Feds' Price-Fixing Suit

    Glenmark Pharmaceuticals USA will pay $25 million to resolve allegations that it violated the False Claims Act by conspiring to fix the price of a generic high cholesterol drug, federal prosecutors announced Wednesday.

  • September 04, 2024

    NJ Health System Wins Access To Fraud File In Antitrust Fight

    A New Jersey federal judge Wednesday allowed health system RWJBarnabas Health Inc. to move ahead with a subpoena on the New Jersey State Commission of Investigation in a case in which RWJBarnabas is accused of antitrust violations by rival health system CarePoint Health Management Associates LLC.

  • September 04, 2024

    PVC Pipe Makers Accused Of Price-Fixing

    A Tennessee farmer has hit the country's biggest PVC pipe manufacturers with a proposed price-fixing class action, claiming that since at least 2021 they've been colluding through a reporting agency to raise prices for consumers.

  • September 04, 2024

    Weil Adds Longtime FTC Mergers Assistant Director In DC

    An almost 19-year veteran of the U.S. Federal Trade Commission who helped lead a group of attorneys focused on mergers has moved to private practice, joining Weil Gotshal & Manges LLP as an antitrust partner in the nation's capital, the firm announced Wednesday.

  • September 04, 2024

    US Steel, Nippon Defend Deal After VP Harris Voices Concern

    U.S. Steel and Nippon Steel on Wednesday reiterated the value they see in their planned $14.9 billion merger, despite opposition voiced by Vice President Kamala Harris, President Joe Biden and former President Donald Trump.

  • September 04, 2024

    Microsoft Hiring Of Inflection AI Team Too Small To Worry UK

    The U.K.'s antitrust regulator said Wednesday it has ended its probe into Microsoft's hiring of Inflection AI staff, finding the U.S. machine learning specialist's operation was too small to trigger competition concerns.

Expert Analysis

  • 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.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • 4 Steps To Address New Sanctions Time Bar Extension

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    Recent guidance from the Office of Foreign Assets Control clarifies details of the newly extended statute of limitations for civil and criminal enforcement of U.S. sanctions law, so compliance teams should implement key updates, including to lookback periods and recordkeeping policies, say attorneys at Freshfields.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • What To Expect From CFPB And DOT Card Rewards Inquiry

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    Following the Consumer Financial Protection Bureau's announcement of joint efforts with the U.S. Department of Transportation to investigate credit card rewards points, credit card issuers and airlines should keep a close eye on potential regulatory and class action litigation risks stemming from the inquiry, say attorneys at DLA Piper.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Remedy May Be Google's Biggest Hurdle Yet In Antitrust Case

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    There are difficulties ahead in the remedies phase of the antitrust case against Google in District of Columbia federal court, including the search engine giant's scale advantage and the fast-moving nature of the tech industry, setting the stage for the most challenging of the proceedings so far, says Jonathan Rubin at MoginRubin.

  • ECJ Cartel Damages Rulings Are Wins For Multinational Cos.

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    Two decisions from the European Court of Justice last month clarifying the limits of the single economic unit doctrine in cartel damages proceedings will help multinational companies anticipate and prepare for litigation within a narrower band of possible jurisdictions, say lawyers at Linklaters.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Look For Flags On Expert Claims After Sunday Ticket Reversal

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    A California federal judge’s recent reversal of a jury’s $4.7 billion antitrust verdict in the NFL Sunday Ticket case indicates that litigants may be inclined to challenge expert testimony admissibility under Rule 702 of the Federal Rules of Evidence, and that judges may increasingly accept such challenges, say attorneys at Kutak Rock.

  • Takeaways From Virginia's $2B Trade Secrets Verdict Reversal

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    The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.

  • UK Judgment Could Change Anti-Money Laundering Regimes

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    After the Court of Appeal of England and Wales' determination that criminal property remains criminal property in the hands of its purchaser even if purchased at market value, many businesses could face a new or heightened risk of prosecution for criminality in their supply chains and related money laundering offenses, say lawyers at Macfarlanes.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

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