Competition

  • December 20, 2024

    RealPage Can't Transfer Enforcers' Rent-Fix Case Out Of NC

    RealPage cannot get the government's antitrust case against it moved either to the Tennessee court overseeing similar civil litigation or to Texas, where the rental software maker is headquartered, a North Carolina federal judge ruled Friday.

  • December 20, 2024

    High Court Bar's Future: Williams & Connolly's Sarah Harris

    Sarah M. Harris of Williams & Connolly LLP never planned on being a U.S. Supreme Court advocate, or even an appellate one. She stumbled upon that career path after realizing her initial goal of becoming a national security or government lawyer wasn't the right fit.

  • December 20, 2024

    NASCAR Wants Jordan Team's Win Paused For Appeal

    NASCAR wants to press pause on a court order that stops it from blocking teams that have asserted antitrust claims against the league from its races, telling the judge who handed down the preliminary injunction that it thinks the Fourth Circuit will be on its side.

  • December 20, 2024

    A Look Back At 2024's Major Securities Litigation Moments

    The private securities litigation bar experienced a busy 2024, with meaningful and significant rulings in almost all of the nation's leading courts, and corporations, investors, government agencies and executives fighting over pay packages, disclosures, class certifications and mergers.

  • December 20, 2024

    Fed. Circ. Says Teva Inhaler Patents Can't Be In Orange Book

    The Federal Circuit on Friday upheld a decision that Teva Pharmaceuticals improperly listed its asthma inhaler patents in the U.S. Food and Drug Administration's Orange Book, saying that only patents that claim a drug's active ingredient can be included in the database.

  • December 20, 2024

    Hagens Berman Settles Suit Over Effexor Deal Atty Fees

    A pharmaceutical reseller's in-house counsel and founder moved Friday to drop a Mississippi federal court breach of contract suit accusing Hagens Berman Sobol Shapiro LLP of stiffing him on his share of a $13 million attorney fees award from an antitrust class settlement, citing a resolution to the dispute.

  • December 20, 2024

    Startup Defends AI Antitrust Suit Against Nvidia, Microsoft

    Tech startup Xockets defended its monopoly and patent infringement suit against Nvidia and Microsoft Thursday, telling a Texas federal judge that the tech behemoths' motion to dismiss is part of the "standard game plan" when a smaller patent holder alleges infringement by the industry's top players.

  • December 20, 2024

    Amazon Touted Efforts To Curb Price-Gouging, Shoppers Say

    A group of online shoppers said Thursday that Amazon can't dodge litigation alleging price-gouging during the pandemic, arguing that the retail giant's efforts to toss the case are contradicted by earlier public statements "trumpeting" the company's work with Washington's attorney general to enforce the state's consumer protection law against price-gougers.

  • December 20, 2024

    Medical Records Co. Wants Rival's Antitrust Suit Tossed

    Epic Systems Corp. told a New York federal court that an antitrust case lodged by Particle Health Inc. is really just payback for revealing concerns that Particle allowed its customers to inappropriately access personal medical records.

  • December 20, 2024

    No, Microsoft Isn't Driving DOJ's Google Antitrust Suit: Judge

    A D.C. federal judge pushed back Friday on Google's efforts to paint Microsoft as the true plaintiff in the Justice Department's search monopolization lawsuit, casting doubt during a hearing that Google should get even more information about Microsoft's relationship with ChatGPT-maker OpenAI.

  • December 20, 2024

    The Top Cases Of 2024 In Texas: Year In Review

    Texas closed out the year with blockbuster rulings on social media companies’ use of biometric data and the U.S. Securities and Exchange Commission’s expanded definition of a dealer. Here are the biggest decisions out of Texas that topped Law360’s radar this year.

  • December 20, 2024

    The Most Significant Trade Secrets Cases Of 2024

    Insulet Corp. became the latest company to notch a colossal trade secrets award, and a new presidential administration has attorneys wondering what will become of the Federal Trade Commission's pending proposal to ban employee noncompete agreements. Here's a look at trade secrets cases that defined 2024 and what to expect from the FTC in the coming year.

  • December 20, 2024

    Judge Found Door Market Won't Change Without Factory Sale

    A Virginia federal court has rejected Jeld-Wen Inc.'s bid to overturn a landmark order forcing it to sell a door skin factory after finding the $115 million price is fair considering the circumstances and that its rival's plan to open its own factory will not restore competition.

  • December 20, 2024

    Biggest Washington Decisions Of 2024

    Washington courts in 2024 saw a state judge permanently block Kroger's planned $24.6 billion purchase of Albertsons, just about an hour after an Oregon federal judge reached a similar decision, leading the deal to collapse.

  • December 20, 2024

    NC Lawmaker Chosen To Lead House Communications Panel

    Rep. Richard Hudson, R-N.C., has been selected as the next chair of the House Energy and Commerce panel with telecom jurisdiction.

  • December 20, 2024

    Womble Bond Atty Held In Contempt For Unfixed Falsities

    A North Carolina federal judge on Friday temporarily suspended the admission of a Womble Bond Dickinson partner to practice in his district after finding the attorney failed to correct misrepresentations to a Dutch tribunal in parallel litigation involving a software developer and its former Dutch partner.

  • December 20, 2024

    Sports Merch Cos. Fight Penn State TM Ban And Fee Bids

    Two sports merchandise companies found to have infringed The Pennsylvania State University's trademarks slammed the school's motions for attorney fees and a ban on selling the infringing products, saying the former is based on "half-truths and misstatements" and the latter is "breathtakingly broad."

  • December 20, 2024

    Off The Bench: Jordan's NASCAR Dunk, NIL Attys' Payday

    In this week's Off The Bench, Michael Jordan's racing team scores an early-stage win in its antitrust battle with NASCAR, attorneys engineering a historic settlement with the NCAA seek more than half a billion dollars in fees, and the fracas over college sports realignment makes headaches for the Mountain West Conference.

  • December 20, 2024

    EU Lays Out Apple's Interoperability Requirements

    The European Commission unveiled a host of proposed interoperability standards for Apple that would require the company to allow third-party devices to run background operations, automatically switch audio, send and receive files via AirDrop and much more with connected Apple products.

  • December 20, 2024

    Nvidia Gets European Union's Nod For $700M Run:ai Buyout

    The European Commission said Friday it has approved Nvidia Corp.'s reported $700 million bid for Israeli workload management software startup Run:ai Labs Ltd., after concluding the planned buyout will not hinder competition.

  • December 20, 2024

    UK Finds $35B Software Deal Could Harm Supply Of Chips

    The Competition and Markets Authority warned on Friday that the $35 billion acquisition by Synopsys Inc. of another software firm, Ansys Inc., could harm competition for semiconductor chips in the U.K., forcing consumers to pay higher prices for laptops, smartphones and televisions.

  • December 20, 2024

    Watershed NCAA, UFC Settlements Highlight 2024's 2nd Half

    The second half of 2024 saw the sunset of several yearslong lawsuits that will significantly impact the world of sports, including the settlement of the NCAA's name, image and likeness antitrust litigation and the closing of the UFC's legal battle with current and former fighters. Here, Law360 explores the top sports and betting moments from the second half of 2024.

  • December 19, 2024

    FTC Says PBMs Can't Get Preliminary Block In Insulin Case

    The Federal Trade Commission urged a Missouri federal judge Thursday not to temporarily block its in-house case accusing pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes, arguing Congress clearly empowered such in-house adjudications and the officials who handle them.

  • December 19, 2024

    Teradata Antitrust, IP Suit Revived Against German Co.

    A Ninth Circuit panel on Thursday revived data analytics company Teradata Corp.'s antitrust and trade secret suit against German software company SAP, saying a lower court rejected the case despite there being factual disputes over key issues concerning market effects and confidential information. 

  • December 19, 2024

    DOJ Wants Time In Fubo-ESPN Streaming JV Arguments

    The U.S. Department of Justice has got something to say to the Second Circuit about an attempt from ESPN and Warner Bros. Discovery to overturn a preliminary injunction stopping them from going forward with a joint sports streaming venture that a rival says will run it out of business.

Expert Analysis

  • Unpacking The Latest FTC Guidance On Multilevel Marketing

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    Branko Jovanovic and Monica Zhong at Edgeworth Economics discuss the Federal Trade Commission's recent advice for multilevel marketers on how MLMs should approach their income and earnings reports, including participants costs, typical proceeds and distributor gains.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Calif. Out-Of-State Noncompete Ban Faces Several Hurdles

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    California's attempt to bolster its noncompete law has encountered significant procedural and constitutional challenges, and litigating parties must carefully analyze not only the restrictive covenants contained in their agreements, but also the forum-selection and choice-of-law provisions, say Jennifer Redmond and Gal Gressel at Sheppard Mullin.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • Proposed NIL Deal Leaves NCAA Antitrust Liability Door Open

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    The proposed House v. NCAA settlement filed in California federal court creates the possibility of significant direct payments to student-athletes for the first time, but the resulting framework is unlikely to withstand future antitrust scrutiny because it still represents an agreement among competitors to limit labor cost, says Yaman Desai at Lynn Pinker.

  • Navigating Antitrust Considerations In ESG Collaborations

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    The intersection of ESG goals and antitrust laws presents a complex challenge for businesses and their counsel — but by creating clear frameworks for collaboration, adhering to established guidelines and carefully considering the competitive implications of their actions, companies can work toward sustainability while mitigating legal risks, say attorneys at Morgan Lewis.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Considerations For Federal Right Of Publicity As AI Advances

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    Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.

  • FTC Focus: Private Equity Investments In Healthcare

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    As the Federal Trade Commission is tightening its scrutiny of private equity investment in healthcare, the agency is finding novel grounds to challenge key focus areas, including rollup acquisitions, the flip-and-strip approach and minority investments in rival providers, say attorneys at Proskauer.

  • Patent Lessons From 5 Federal Circuit Reversals In June

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    A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • How 5 States' Deal Notification Laws Are Guiding Healthcare

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    Healthcare transaction notification laws at various stages of implementation in California, Illinois, Indiana, Oregon and Washington are shaping sector mergers and acquisitions, with significant transparency, continuity of care and compliance implications as providers tackle complex regulatory requirements, says Melesa Freerks at DLA Piper.

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