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Competition
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January 29, 2025
Small Biz Org Can't Jump Into 5th Circ. Noncompete Ban Case
A Fifth Circuit judge has summarily refused to permit an entrepreneurs group to intervene in support of the Federal Trade Commission's currently blocked noncompete ban, an intervention sought in case the commission opts to abandon its defense.
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January 29, 2025
Full Fed. Circ. Won't Allow MSN To Launch Generic Entresto
The Federal Circuit is standing by its decision to bar MSN Pharmaceuticals from launching a generic version of Novartis' bestseller, the cardiovascular drug Entresto, as Novartis tries to persuade the court that it deserves an injunction through July.
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January 29, 2025
Hollywood Talent Co. Calls CAA's Info Theft Suit Retaliation
Upstart Hollywood talent management firm Range Media Partners has asked a California judge to toss Creative Artists Agency's information theft and poaching claims, saying the lawsuit is a mere power grab and retaliation by the entertainment industry behemoth "to penalize its longtime employees for leaving."
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January 29, 2025
4 Questions About Trump's Federal Worker Resignation Policy
President Donald Trump’s offer of letting federal workers resign with several months of paid administrative leave raises questions about its legality and whether workers will actually get paid, attorneys said. Here, Law360 explores four questions that stem from the policy.
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January 29, 2025
Texas-Led States Can Sue Google, Ad Tech Judge Says
A Texas federal judge refused to toss a state enforcer coalition's lawsuit accusing Google of monopolizing the display advertising placement technology market, rejecting Google assertions that the states lack standing to sue on behalf of their citizens in a case where trial now appears likely to be delayed.
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January 29, 2025
Amazon Says Docs FTC Wants For Prime Case Are Privileged
Amazon fired back in a discovery dispute in the Federal Trade Commission's case accusing the e-commerce giant of Prime subscription deception, saying the regulator is not entitled to documents tied to a company meeting because the records reflect legal advice and work product.
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January 29, 2025
Veteran BigLaw Atty To Mediate NASCAR Antitrust Dispute
A North Carolina federal court has appointed an attorney with nearly four decades of experience at Proskauer Rose LLP and Skadden Arps Slate Meagher & Flom LLP to mediate the antitrust feud between NASCAR and two racing teams.
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January 29, 2025
DOT, Alaska Air Slam Frontier's Bid To Halt DCA Slot Award
The U.S. Department of Transportation and Alaska Airlines Inc. are urging the D.C. Circuit to reject Frontier Airlines' emergency bid to block Alaska Airlines from offering direct flights from Ronald Reagan National Airport, just outside Washington, D.C., to San Diego, saying that halting the service would benefit no one.
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January 29, 2025
Texas Cardiology Practice Beats Monopolization Suit
A Texas federal judge dismissed a Laredo hospital's lawsuit alleging that a renowned cardiologist, who once worked with it, and a rival hospital engaged in unlawful antitrust behaviors.
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January 29, 2025
Attys Apologize To Del. Judge For Unclear Discovery Bid
Attorneys from Heyman Enerio Gattuso & Hirzel, Wachtel Lipton Rosen & Katz, and White & Case have apologized to Delaware's chief U.S. district judge for not "clearly" communicating necessary information in a discovery bid related to their defense of corporate clients amid a Shell Chemical LP antitrust proceeding in the Netherlands.
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January 29, 2025
$7.8B ChampionX Deal Gets Added Scrutiny Across The Pond
SLB's path to closing its proposed $7.8 billion acquisition of ChampionX got a little trickier Wednesday as the U.K. Competition and Markets Authority launched a formal investigation into a deal that is also under the scrutiny of U.S. regulators.
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January 28, 2025
Trump Tells Federal Workers They're Welcome To Resign
The Trump administration on Tuesday emailed about 2 million federal employees offering them the option to resign but continue to be paid to the end of September, in an effort to implement a campaign promise to drastically cut the federal workforce and only keep employees who are "loyal" and "trustworthy."
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January 28, 2025
Staples Settles Out Of Visa, Mastercard Swipe Fee Battle
Staples on Tuesday settled out of an over decade-long antitrust battle lodged against Visa and Mastercard for allegedly overcharging merchants via swipe fees, leaving the payment card companies with one less retailer to face in trial this year over their alleged anticompetitive fee scheme.
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January 28, 2025
Capri Investors Sue Over Scrapped $8.5B Tapestry Merger
Fashion brand giants Capri Holdings Ltd. and Tapestry Inc. misled investors about potential antitrust regulatory issues associated with their planned $8.5 billion merger that ultimately led to the deal's failure and investor losses, according to a proposed securities class action filed Tuesday in Delaware federal court.
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January 28, 2025
4th Circ. Raises Questions Over Health Data Access Order
A Fourth Circuit panel focused Tuesday on whether an exception to federal law barring electronic health record companies from blocking the exchange of patient data applies to a request from Real Time Medical Systems to access nursing home data from PointClickCare.
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January 28, 2025
Intuitive Beats $140M Antitrust Case Ahead Of Closings
A $140 million antitrust case against Intuitive Surgical Inc. took a dramatic turn toward the close of trial Tuesday when a California federal judge threw out all claims against Intuitive and discharged the jury, citing the lack of evidence of an aftermarket under the Ninth Circuit's recent Epic Games v. Apple ruling.
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January 28, 2025
'Pencils Down' For Meta, Netflix Antitrust Case In Ill.
Meta Platforms Inc., Netflix and a proposed class of consumers claiming the companies cut an illegal deal ceding the video streaming market to Netflix can wait to continue litigating their case until a California federal judge mulls summary judgment over similar claims out west, an Illinois federal judge said Tuesday.
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January 28, 2025
Minn. AG Settles Novo Nordisk Insulin Claims With Price Cap
Minnesota's attorney general has reached a settlement resolving a long-running lawsuit accusing Novo Nordisk of inflating insulin prices, with the company agreeing to a $35 per month cap on out-of-pocket costs for state residents.
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January 28, 2025
'Extraordinary' $630M CDK Deal Wraps Auto Dealer Data MDL
A certified class of car dealership app makers is seeking preliminary approval for the final settlement in the years-old web of cases accusing CDK Global of monopolizing auto dealership management software, with a $630 million Wisconsin federal court deal that puts a $140 million premium on estimated damages.
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January 28, 2025
Arguments Lined Up Against NCAA's $2.8B NIL Settlement
A prominent plaintiffs-side sports attorney is joining the Department of Justice and a handful of athletes in trying to stop the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, which he says would impose "a price fix [that] harms athletes."
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January 28, 2025
Apple Can't Defend Google Revenue Deal In DOJ Search Case
A D.C. federal judge has refused to let Apple intervene to defend the billions it gets from Google to keep the search giant as the default for Safari browser, holding the iPhone maker waited too long to intervene in the Justice Department's monopolization lawsuit, and the company's involvement now would be too disruptive.
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January 28, 2025
'Godfather' Of AG Defense Retiring From Cozen O'Connor
Bernard "Bernie" Nash, an attorney who pioneered the practice of defending companies against investigations by state attorneys general, is retiring from Cozen O'Connor and handing over the reins to his handpicked successors after nearly 50 years in private practice.
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January 28, 2025
Logistics Co. Says Director Created Rival While Still Employed
A third-party logistics company took one of its former sales directors to North Carolina federal court alleging the man broke his employment contract while working for the company, misappropriated trade secrets and poached its clients to start his own competing firm.
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January 28, 2025
Vivint 'Kicking Dead Horse' In $190M TM Suit, 4th Circ. Hints
Smart home software company Vivint faced an uphill battle Tuesday trying to convince the Fourth Circuit to dismantle a nearly $190 million verdict for allegedly tricking its rival's customers into switching providers, with one judge saying Vivint's claims that the lower court misapplied state consumer protection law are fruitless.
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January 28, 2025
Trump Wants TikTok 'Bidding War' As Microsoft Enters Talks
President Donald Trump said that Microsoft is in discussions to purchase TikTok, stressing that a bidding war would be a "good thing" because that's how to get "the best deal."
Expert Analysis
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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.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Executive Orders That Could Affect Financial Services In 2025
The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.