Competition

  • February 12, 2024

    Calif. Bill Favors FCC Ban On 'Disparate' Broadband Service

    A California state lawmaker has introduced legislation that mirrors the Federal Communications Commission's recently adopted digital discrimination rules, including the agency's controversial "disparate impact" standard barring deployment of broadband infrastructure in a way that shortchanges low-income and minority neighborhoods.

  • February 12, 2024

    Google Seeks Final Exit From Maps Antitrust Suit

    Google urged a California federal judge on Friday to toss with prejudice a proposed antitrust class action accusing the search giant of coercing users of its Maps product from using competing mapping services, saying the plaintiffs' third attempt is "brimming with irrelevant information" and "antitrust jargon," but still fails to state a viable tying claim.

  • February 12, 2024

    Kodiak Gas Gives Enforcers More Time To Review $854M Deal

    Kodiak has given enforcers more time to review its planned $854 million deal for CSI Compressco, which would combine two major providers of compression services to the oil and gas industry.

  • February 12, 2024

    Flyers Urge 9th Circ. To Vacate Price-Fixing Deal Disbursement

    A secondary disbursement from a $104 million settlement fund in long-running airline price-fixing litigation was wrongly sent to class members who received a first-round share without emailing class members who had not received or cashed their initial check, two objectors told the Ninth Circuit on Monday.

  • February 12, 2024

    Apple, Rivos On The Way To A Deal In Trade Secrets Fight

    Apple has reached an agreement potentially resolving its claims that startup chipmaker Rivos poached engineers and directed them to steal the tech giant's trade secrets, telling a California federal judge the deal would allow Apple to conduct a forensic examination of Rivos' systems.

  • February 12, 2024

    States Urge Court To OK Injunction Against NCAA's NIL Rules

    Tennessee and Virginia are taking another shot at pausing the NCAA's name, image and likeness recruiting rules, attempting to shore up their arguments and asking the court not to use the same reasoning it did for denying a temporary restraining order in their antitrust suit against the organization.

  • February 12, 2024

    ByteDance Can't Pause TikTok's EU 'Gatekeeper' Designation

    A European court has rejected a bid by TikTok's parent company ByteDance to pause the video-sharing service's designation as a "gatekeeper" ahead of a March deadline to comply with new obligations under the Digital Markets Act to provide users more choice.

  • February 12, 2024

    NAR Taps Keller Williams' Views In New Commission Trial Bid

    With Keller Williams Realty agreeing to a settlement with the plaintiffs in the Western Missouri federal case involving alleged agent commission-fixing, the National Association of Realtors adopted the brokerage's arguments in favor of a new trial.

  • February 12, 2024

    Cannabis Fintech Withheld $500K In $7.5M Deal, Suit Says

    A Washington state-based fintech firm that provides payment solutions to cannabis retailers failed to pay the final $500,000 in a $7.5 million deal to buy a rival company, according to a breach-of-contract suit filed in Seattle federal court.

  • February 12, 2024

    Schools' $104M Aid-Fixing Deal OK'd, Vanderbilt Deal Coming

    An Illinois federal judge on Monday granted initial approval to a $104.5 million deal with Yale, Emory, Brown, Columbia and Duke in a proposed antitrust class action claiming that 17 universities conspired to limit student aid, with another settlement from Vanderbilt expected to hit the docket in the coming weeks.

  • February 12, 2024

    RealPage Renters Ask To Grow Class Despite Venue Flaw

    Renters bringing a class action against RealPage Inc. argued that a Tennessee federal judge overseeing the case has the power to bring in new plaintiffs, even as a group of property management companies claims a petition contains disqualifying flaws.

  • February 12, 2024

    Gilead Buying Liver Disease Drugmaker CymaBay For $4.3B

    Gilead Sciences Inc. said Monday that it has agreed to purchase liver disease-focused clinical-stage biopharmaceutical company CymaBay Therapeutics Inc. for $4.3 billion in cash.

  • February 12, 2024

    Diamondback Buying Endeavor In $26B Permian Megamerger

    Diamondback Energy Inc. said Monday it has agreed to buy Endeavor Energy Resources LP in a cash-and-stock deal valued at approximately $26 billion, inclusive of Endeavor's net debt, to create the premier independent operator in the Permian Basin.

  • February 09, 2024

    Live Nation Defends 'Modest' Arbitration Tweaks At 9th Circ

    Live Nation Entertainment Inc. told the Ninth Circuit that a California district judge was wrong to remove ticket buyers' antitrust claims from arbitration simply because the company changed arbitrators.

  • February 09, 2024

    Federal Regulators Face Heat Over Cable 'Junk Fee' Rule

    Free-market activists are urging the Federal Communications Commission to drop its plan to rein in so-called junk fees by cable providers, but will have to beat a wave of state regulators and other supporters to defeat the proposal.

  • February 09, 2024

    Anschutz Says Exploration Co. Stole Well Stats

    An oil and gas exploration company owned by the Anschutz Corporation has accused a Denver prospector of stealing and sharing its confidential well production statistics to promote a development project, according to a trade secrets lawsuit filed in Colorado state court.

  • February 09, 2024

    Ohio Says Google Search Meets 'Common Carrier' Test

    Ohio enforcers have told a state court the undisputed evidence shows Google's search engine meets all the criteria for a common carrier designation, contending the service is a "public concern" because a large portion of the population relies on it for important needs.

  • February 09, 2024

    Cigar Co. Doesn't Own 'Dragon' TM, Rival's Dismissal Bid Says

    The defendant in a trademark infringement suit from a cigar company has asked a Florida federal court to dismiss the case, saying that the plaintiff doesn't even own the registered marks it claims were infringed.

  • February 09, 2024

    FSU Board Demands Dismissal Of ACC's Preemptive Suit

    Florida State University is pushing for the dismissal of the Atlantic Coast Conference's North Carolina state lawsuit, saying it was prematurely filed to preempt the university's own suit against the conference, in an attempt to win a "race to the courthouse" and in violation of the conference's own rules.

  • February 09, 2024

    8th Circ. To Field FCC Anti-Discrimination Rule Challenges

    The Eighth Circuit will serve as the initial venue for 10 legal challenges spread across six appeals courts to the Federal Communications Commission's rules to fight digital discrimination adopted last fall.

  • February 09, 2024

    2nd Circ. Revives Investors' Mexican Bond-Rigging Claims

    The Second Circuit on Friday reinstated U.S. investor claims accusing major banks of a yearslong collusion to rig Mexican government bond prices, saying a New York district court wrongly found it didn't have jurisdiction over the matter.

  • February 09, 2024

    Pea Protein From China Faces Early Duties Up To 280%

    Pea protein from China may face anti-dumping duties of between 122% to 280.31% based on preliminary findings of the U.S. Department of Commerce's investigation into whether the China-origin split pea extracts are being dumped into the U.S. at unfairly low prices.

  • February 09, 2024

    AI Companies Say Artists' Copyright Suit Still Falls Short

    Four artificial intelligence companies behind image-generating platforms asked a California federal court to dismiss a proposed copyright class action from artists, arguing the plaintiffs' amended complaint still does not support allegations that their works were ripped off to train various AI programs.

  • February 09, 2024

    FTC Clears AbbVie To Proceed With $10.1B ImmunoGen Buy

    The 30-day waiting period for U.S. antitrust enforcers to review AbbVie's $10.1 billion purchase of ImmunoGen came and went without a move to deepen the investigation or challenge the deal, clearing the parties to close the agreement on or about Monday, ImmunoGen said on Thursday.

  • February 09, 2024

    Burford Can't Sub For Sysco In Pork, Beef Price-Fixing Suits

    Legal investment firm Burford Capital cannot substitute for Sysco in sprawling price-fixing lawsuits against pork and beef producers because doing so would extend the litigation just so Burford can maximize its return on investment, a Minnesota federal judge ruled Friday.

Expert Analysis

  • 8 Ways To Negotiate Improved Disgorgement Outcomes

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    The U.S. Securities and Exchange Commission's nearly $3.4 billion collected in disgorgements in 2023 shows that substantial disgorgement claims from regulators and law enforcement are the new norm, but corporations may be able to dramatically reduce what they owe by using eight strategies to argue for reduced net profit calculations, say experts at AlixPartners.

  • Lessons From This Year's Landmark Green Energy IP Clash

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    In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.

  • DOJ's RealPage Notice Signals Focus On Pricing Algorithms

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    The U.S. Department of Justice's Antitrust Division recently filed a statement of interest in the Realpage multidistrict litigation to stake out its position that price-fixing algorithms pose a great anti-competitive threat, which suggests that the DOJ and private parties may continue to bring similar actions in the future, say attorneys at Simpson Thacher.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Reverse Proffers In Federal Criminal Cases Can Be A Win-Win

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    The increasingly popular reverse proffer — in which prosecutors disclose evidence to targets of a criminal investigation — can help the government test its case and persuade witnesses to cooperate, and can help defendants sharpen their strategies and obtain favorable deals by choosing to cooperate, say Jeffrey Martino and Byron Tuyay at Baker McKenzie.

  • EU Rejection Of Booking.com Deal Veers From Past Practice

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    The European Commission's recent prohibition of Booking's purchase of Etraveli based on ecosystem theories of harm reveals a lower bar for prohibiting nonhorizontal mergers, and may mean increased merger scrutiny for companies with entrenched market positions in digital markets, say lawyers at Linklaters.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • 7 Critical Copyright And AI Questions Courts Need To Address

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    U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.

  • Mitigating Antitrust Risk Amid Increased Dealmaking Scrutiny

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    While deals continue to get done despite 60% of significant merger investigations in the U.S. last year concluding with a complaint or abandoned transaction, private equity firms should identify and assess potential antitrust risks and develop strategies to mitigate them early in the deal process, say attorneys at Dechert.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Managing ANDA Venue Issues As Del. And NJ Filings Rise

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    Delaware and New Jersey have prevailed as the primary forum for pharmaceutical litigation as more generic companies file abbreviated new drug applications, but this venue scheme presents traps for the unwary, and legislation may still be necessary to ensure fairness and predictability, say Timothy Cook and Kevin Yurkerwich at WilmerHale.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

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