Competition

  • January 07, 2025

    FTC Imposes Record $5.6M 'Gun Jumping' Penalty On Oil Deal

    The Federal Trade Commission brought a rare merger "gun jumping" action Tuesday under which Verdun Oil Co. will pay $5.6 million for exerting control over EP Energy LLC before the mandatory waiting period under U.S. antitrust law expired and its purchase of the company closed.

  • January 06, 2025

    Trump Selects Long Island Judge For EDNY's Top Prosecutor

    President-elect Donald Trump, who was born in Queens, has picked a Long Island state court judge to serve as the next U.S. attorney for the Eastern District of New York, according to an announcement made Monday on Truth Social.

  • January 06, 2025

    FTC Urges Individuals And Cos. To Exercise Caution With AI

    The U.S. Federal Trade Commission on Friday encouraged individuals and companies to exercise caution when it comes to interacting with and deploying so-called artificial intelligence systems and tools, citing the potential for various "real-world instances of harm," including privacy and security risks.

  • January 06, 2025

    Trucking Financial Co. Says Ex-Worker Broke Noncompete

    The former face of customer service for a Charlotte, North Carolina, branch of a full-service provider for companies in the logistics and transportation industries has been hit with a suit by his former employer alleging he violated his noncompete agreement by joining a rival business and enticing "significant customers" to follow him.

  • January 06, 2025

    Medical Debt Suit Against Credit Bureaus Tossed, For Now

    A California federal judge tossed a proposed class action accusing Equifax, Experian and TransUnion of violating antitrust law by agreeing to exclude medical debt under $500 from consumer credit reports, but the judge gave the medical providers that filed the suit a chance to amend their complaint.

  • January 06, 2025

    Clemson, FSU Agreed To 'Sue And Be Sued' In NC, ACC Says

    The Atlantic Coast Conference urged North Carolina's top court to allow its lawsuits over grant of rights contracts against Clemson and Florida State universities to stand, saying they can't be dismissed because the colleges agreed to "sue and be sued" as part of doing business in the Tar Heel State.

  • January 06, 2025

    Biotech Trade Secrets Case Gets New Punitive Damages Trial

    A California federal judge has ordered a new punitive damages trial on how much a former Skye Orthobiologics LLC employee owes in a case where he was found to have breached his fiduciary duties by leveraging Skye's proprietary information, after ruling last year there wasn't enough evidence to support an earlier $25 million award.

  • January 06, 2025

    Live Nation Can't Get Intermission In Calif. Antitrust Case

    A California federal judge overseeing a private antitrust case against Live Nation denied the company's bid Monday to pause the case for a government enforcement action, saying that the suit was filed first and that exceptions to the "first to file" rule do not apply.

  • January 06, 2025

    Another Building Contractor Agrees To End No-Hire Pacts

    The Federal Trade Commission said Monday that Planned Building Services has agreed not to enforce terms in its contracts that prevent building owners from hiring the service contractor's workers, in a second recent case targeting the building services industry.

  • January 06, 2025

    WDTX Urged To Spurn Microsoft's Bid To 'Slow' AI Chip Fight

    Technology startup Xockets has slammed Microsoft's bid to separate itself from patent infringement claims against it and Nvidia concerning computer chips used for generative artificial intelligence, telling the Western District of Texas that the company is trying to "slow the case" and "inundate the court with threshold motion practice."

  • January 06, 2025

    Google Looks To Toss Big Tech Litigant's Antitrust Claims

    Google asked a Florida federal court on Monday to dismiss antitrust claims from web development company Greenflight over the search giant's reverse phone number lookup, saying the newly amended suit does not rectify the pleading problems already pointed out by the court.

  • January 06, 2025

    German Burford Funding Fight Belongs In Del., Court Hears

    A German entity is fighting litigation funder Burford's efforts to force it to arbitrate a dispute over an allegedly fraudulent arbitration pact contained in a funding agreement for antitrust litigation, telling a Delaware federal judge on Friday that the feud belongs before him.

  • January 06, 2025

    5th Circ. Iffy On Humana, Blue Cross Allergy Meds Denials

    A Fifth Circuit panel seemed poised Monday to side with an allergy services provider accusing insurance giants Blue Cross Blue Shield and Humana of colluding to deny claims and drive the company out of the market.

  • January 06, 2025

    Monthly Merger Review Snapshot

    The Federal Trade Commission successfully blocked Kroger's purchase of Albertsons while continuing to battle with Tempur Sealy and its planned buy of Mattress Firm, and Novo Nordisk managed to finalize its purchase of Catalent. Here, Law360 takes a look at some of the major merger review developments from December.

  • January 06, 2025

    Frontier Tests DC Airport Slot Exemptions At DC Circ.

    Frontier Airlines Inc. is contesting a decision from federal transportation regulators to exclude the budget carrier from a list of airlines allowed to operate new long-distance flights out of Reagan National Airport, just outside Washington, D.C.

  • January 06, 2025

    Ex-GMU Prof. Tells Judge To Ignore Accusers' 'False Reality'

    Former FTC Commissioner and law professor Joshua Wright on Friday slammed two former students' request to exclude evidence of damages at an upcoming trial in a $108 million lawsuit in which he accused them of defamation, saying the request is "self-servingly twisted to present a false reality."

  • January 06, 2025

    Robot Lawn Mower Cos. End Their Contract Fight In NC

    A pair of robot lawn mower companies that have been fighting over the aftermath of their prior partnership have come together to tell North Carolina's business court that they are ready to drop their dispute following an earlier motion that stated they had agreed to a settlement.

  • January 06, 2025

    FTC Blasts Tempur Sealy's New Floor-Space Promise

    The Federal Trade Commission told a Texas federal court a revised commitment from Tempur Sealy to preserve floor space for rivals in Mattress Firm stores would not restore the competition lost by a merger of the companies because it cannot be enforced.

  • January 06, 2025

    National Court Reporters Association Hit With Antitrust Suit

    The National Court Reporters Association exploits its monopoly in the stenographic certification market to charge its members inflated and unnecessary membership dues and keep potential competitors out of the market, according to a new antitrust lawsuit in New Jersey federal court.

  • January 06, 2025

    Cleary Adds Antitrust Attys From A&O Shearman, TikTok

    Cleary Gottlieb Steen & Hamilton LLP announced Monday that it is adding to its global antitrust team by hiring a partner in New York and a counsel in Brussels who are experts in transactional and behavioral work.

  • January 06, 2025

    Ohio State, NCAA, Big Ten Look To Sack Ex-QB's NIL Suit

    Ohio State University, the NCAA, The Big Ten Conference Inc. and a media rights licensing company urged an Ohio federal judge to toss a proposed class action brought by former Buckeye star quarterback Terrelle Pryor alleging they engaged in an anticompetitive conspiracy to monopolize profits on athletes' names, images and likenesses.

  • January 06, 2025

    Girard Sharp Launches Into New Year With New Leadership

    San Francisco-based Girard Sharp has kicked off the new year with a major leadership change, announcing Monday that Daniel C. Girard had stepped down as managing partner of the prominent plaintiffs complex litigation boutique he founded in 1995 and that longtime partner Dena C. Sharp was taking the reins.

  • January 06, 2025

    Disney Buy Ends Fubo Sports Streaming Suit

    Disney and Fubo announced a deal Monday morning to combine the streaming startup with Disney's Hulu + Live TV business, in an agreement that ends Fubo's lawsuit that had so far successfully challenged a three-way live sports streaming joint venture between Disney's ESPN, Fox and Warner Bros. Discovery.

  • January 06, 2025

    Nippon, US Steel Hit Back With Suits After Biden Blocks Deal

    Japan's Nippon Steel Corp. and U.S. Steel Corp. have filed two lawsuits following President Joe Biden's Friday decision to block their planned $14.9 billion merger, claiming Monday that the deal was blocked for "purely political reasons." 

  • January 03, 2025

    Epic Slams Apple's 'Deeply Disturbing' Doc Review Delays

    Epic Games Inc.'s counsel expressed shock Friday that Apple has only rereviewed 21,000 of more than 50,000 documents Apple claims are attorney-client privileged in their antitrust fight, telling a California magistrate judge during a hearing the number is "deeply disturbing" and "very low."

Expert Analysis

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Bayer Antitrust Case Hinged On Evolving Market Definition

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    Generic flea and tick medication manufacturer Tevra's evolving market definition played a key role in the development and outcome of its five-year antitrust litigation against Bayer Healthcare, highlighting challenges that litigants may face when a proposed definition is assessed at trial, say Amy Vegari and Colleen Anderson at Patterson Belknap.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • IP Hot Topic: The Intersection Of Trademark And Antitrust Law

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    Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Series

    After Chevron: What To Expect In Consumer Protection At FTC

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    Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.

  • RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny

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    The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.

  • Comparing 5 Administrators' Mass Arbitration Procedures

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    Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Considering Noncompete Strategies After Blocked FTC Ban

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    A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.

  • 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.

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