Competition

  • November 27, 2024

    GOP-Led States Accuse BlackRock Of Driving Up Coal Prices

    Texas is leading a coalition of nearly a dozen Republican-led states suing BlackRock Inc. and two other large asset managers for allegedly running an "investment cartel" that takes advantage of their large holdings in publicly traded energy companies to drive up coal prices, a claim that BlackRock has said is "baseless and defies common sense."

  • November 27, 2024

    Nonprofit Warns 3rd Circ. Against 'Abuse' In Merck Vax Case

    The anti-monopoly think tank Open Markets Institute urged the full Third Circuit to rethink a panel's immunization of Merck & Co. Inc. from antitrust claims over its mumps vaccine, arguing in an amicus brief that the doctrine cementing the right to petition the government doesn't justify the use of courts and administration as a "competitive weapon."

  • November 27, 2024

    Canadian Hockey League Escapes Antitrust Suit; NHL Still In

    The umbrella organization for three Canada- and U.S.-based developmental hockey leagues has been dropped as a defendant in a proposed federal antitrust class action by players accusing it and the National Hockey League of exploitation, abuse and unlawful restraint on their careers.

  • November 27, 2024

    Injury Law Firm Accuses Rival Of Stealing 'Call Sam' Slogan

    Michigan-based personal injury law firm Sam Bernstein Law has launched a trademark infringement lawsuit in California federal court against rival personal injury law firm Sam & Ash LLP, alleging its competitor has ripped off its longtime advertising taglines, "Call Sam" and "1-800-Call-Sam."

  • November 27, 2024

    Menendez Says Evidence Error Means Automatic New Trial

    Former Sen. Bob Menendez told a federal judge Wednesday that it's "unavoidable" that he is owed a new trial after prosecutors' recent admission that they gave jurors evidence that had been excluded.

  • November 27, 2024

    9th Circ. Won't Rethink Revival Of Swimmers' Antitrust Suit

    The Ninth Circuit has refused to reconsider a decision reinstating a pair of lawsuits brought by a trio of swimmers and the International Swimming League claiming a boycott by swimming's international governing body violated antitrust law.

  • November 27, 2024

    HSBC Loses Challenge To €32M Euribor Rigging Fine

    HSBC Holdings PLC has lost its challenge to a €31.7 million ($33.4 million) European Union fine for rigging Euribor, as a European court rejected on Wednesday the bank's argument that the penalty was imposed out of time.

  • November 26, 2024

    FIFA Must Face Puerto Rico Antitrust Claims, But Not Fraud

    FIFA, its Puerto Rican affiliate and a regional soccer association all must face claims that they tried to block soccer rivals in Puerto Rico, after an island federal judge held that FIFA, like its co-defendants, can only nix fraud claims but not antitrust allegations.

  • November 26, 2024

    Del. Justices Uphold Chancery Toss Of No-Compete Suit

    Delaware's Supreme Court has backed a Court of Chancery finding that private equity firm Court Square Capital Management wrongly withheld nearly $5.4 million in carried interest payments from former partner Kevin Brown after he was accused — three years after his 2016 departure — of violating a no-compete agreement.

  • November 26, 2024

    Workers Say Kroger-Albertsons No-Poach Deal Hurt Wages

    A Colorado grocery store employee has filed a putative class action accusing Kroger Co. and Albertsons Cos. Inc. of scheming to suppress workers' wages, alleging in a state court complaint that the grocers entered into an illegal "no-poach" agreement during a 2022 strike.

  • November 26, 2024

    NAR Buyer-Broker Settlement Approved Over DOJ Concerns

    A Missouri federal judge granted final approval Tuesday to the National Association of Realtors' antitrust settlement with home sellers, signing off on a $418 million payment and changes to broker commission rules, as NAR and the plaintiffs assailed the U.S. Department of Justice for raising last-minute concerns about the deal. 

  • November 26, 2024

    Split 4th Circ. Won't Review Duke Monopoly Suit Revival

    A split Fourth Circuit denied on Tuesday an en banc review petition challenging a decision reviving antitrust allegations against Duke Energy, with the majority writing that granting the review would waste judicial resources, and a dissenting judge slamming the majority for purportedly being at odds with U.S. Supreme Court precedent.

  • November 26, 2024

    Google Search Judge Says AI Will Affect Remedy Phase

    The judge overseeing the government's search monopolization case against Google suggested Tuesday in D.C. federal court that artificial intelligence is shifting the market and will likely play a role in the remedies the court imposes on Google for allegedly violating antitrust law.

  • November 26, 2024

    HCA Hospital Sale On Hold Amid Antitrust Concerns

    An Indiana healthcare system has withdrawn its application with the state health department for a planned purchase of a hospital from HCA Healthcare following concerns from the Federal Trade Commission, saying it needs more time to rework the application.

  • November 26, 2024

    Jackson Hewitt Workers Get Final OK On $10.8M Settlement

    A federal judge granted final approval to a $10.8 million settlement between former Jackson Hewitt Inc. workers and the tax preparation firm over claims the company's franchisees entered into an anti-competitive no-poach agreement despite the provision being removed from the company's franchise agreements.

  • November 26, 2024

    Pac-12 Agreed To 'Poaching' Clause, Mountain West Insists

    The Pac-12 Conference "unconditionally" agreed to all of last year's scheduling agreement with the Mountain West Conference, including a multimillion-dollar "poaching penalty,'' Mountain West claimed in California federal court, pushing back at the Pac-12's argument that the fee for luring away five teams is illegal.

  • November 26, 2024

    Streaming Biz Brightcove Sold In $233M Go-Private Deal

    Streaming technology company Brightcove Inc., advised by Goodwin Procter LLP, has agreed to go private and be bought by Latham & Watkins LLP-led software company Bending Spoons in an all-cash deal valued at around $233 million.

  • November 25, 2024

    Drake Says UMG Paid To Boost Kendrick Lamar's Diss Track

    Universal Music Group conspired with Spotify to blast Kendrick Lamar's "Not Like Us" single to the top of the airwaves by using bots, pay-to-play agreements and other shady tactics at the expense of Drake and other artists, the Canadian rapper alleged Monday in a Manhattan court filing.

  • November 25, 2024

    Ad Tech Judge Says Google 'Completely Different' From Amex

    The Virginia federal judge weighing the fate of Google's display advertising placement business cast doubt Monday on a key element of the company's defense, asserting during closing arguments that the U.S. Supreme Court's landmark Amex decision, requiring consideration of two-sided markets, is far removed from Google's ad tech stack.

  • November 25, 2024

    Tuna Price-Fixing MDL Lead Attys Awarded $86M In Fees

    A California federal judge has agreed to award a combined total of $86 million in fees and costs to lead counsel representing two classes of canned tuna buyers who reached settlements in recent months with StarKist, Dongwon Industries and Lion Capital in a decadelong price-fixing case.

  • November 25, 2024

    Gov't Defends EB-5 Rule That Hikes Up Petition Fees

    The U.S. Department of Homeland Security and its U.S. Citizenship and Immigration Services agency pushed for an early win in Texas federal court against a suit challenging increases for filing fees for petitions related to USCIS' EB-5 immigrant investor program.

  • November 25, 2024

    Grayscale Seeks Win In Rival's $2M Unfair Practices Suit

    Digital asset management firm Grayscale Investments LLC seeks a quick finding in its favor that certain securities-related conduct it is being sued over did not violate Connecticut's unfair trade practices law because the law has a securities matters carveout.

  • November 25, 2024

    Credit Bureaus Freed From VantageScore Antitrust Suit

    An Illinois federal judge has ruled there is no evidence the three major credit bureaus conspired with the Fair Isaac Corporation to engage in a monopoly, reasoning there was no impetus for them to do so, but also found that credit score buyers sufficiently backed some of their antitrust claims against FICO. 

  • November 25, 2024

    Conn. Athlete Training Firm Ends Feud With Ohio Ex-Worker

    A Connecticut company that orchestrates military-style team-building events for corporations and university athletic teams on Monday settled a short-lived employment lawsuit with an Ohio man it had accused of attempting to poach or meddle with its collegiate accounts in at least seven states.

  • November 25, 2024

    Judge Bemoans 'Chaotic' Contracts In Jack Nicklaus IP Case

    The New York state judge presiding over golf legend Jack Nicklaus' intellectual property lawsuit on Monday signaled he may not be able to untangle a set of contradictory contracts, which could lead to a trial over who can use the "Golden Bear's" name and likeness.

Expert Analysis

  • FTC Focus: Competition And The Right To Repair

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    If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    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.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    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.

  • The Current State Of Healthcare Transaction Reviews In Calif.

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    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.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    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.

  • Behind The Stagecoach Boundary Fare Dispute Settlement

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    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.

  • What Companies Should Consider Amid Multistate AG Actions

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    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.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    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.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    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.

  • How Associates Can Build A Professional Image

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    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.

  • 5 Steps To Navigating State Laws On Healthcare Transactions

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    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.

  • Orange Book Warnings Highlight FTC's Drug Price Focus

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    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.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    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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