Competition

  • March 15, 2024

    Realtors Cut $418M Deal, Agree To Make Broker Fee Changes

    The National Association of Realtors said Friday that it has reached a settlement to end claims that its broker commission rules caused home sellers across the country to pay inflated fees, agreeing to pay $418 million over four years and to implement changes to its rules.

  • March 15, 2024

    UK Watchdog Probes Barratt's £2.5B Redrow Deal

    The antitrust regulator said Friday that it is looking into whether Barratt Developments PLC's £2.5 billion ($3.2 billion) all-share deal for rival homebuilder Redrow PLC could harm competition in U.K. markets.

  • March 14, 2024

    Gamers Seek To Block Microsoft From 'Dismantling' Activision

    Gamers who are still challenging Microsoft's now-completed union with gaming titan Activision Blizzard say a California federal court must hand down an order stopping further integration of the two businesses after Microsoft laid off 1,900 people from the gaming company.

  • March 14, 2024

    CFPB To Mull Official 'Standard Setters' In Open Banking Push

    Consumer Financial Protection Bureau Director Rohit Chopra outlined plans for his agency to start offering formal accreditation for open banking "standard-setting organizations" as it prepares to finalize a landmark new rule on data-sharing between banks and fintech firms.

  • March 14, 2024

    DOJ, FTC Tell Copyright Office To Expand Right To Repair

    Federal law enforcement and trade officials said Thursday that the U.S. Copyright Office should not only retain a policy that gives consumers more leeway to fix things like cars, it should also expand those protections to things like industrial equipment.

  • March 14, 2024

    Buyers Want Goodyear, Michelin Price-Fixing Suits Combined

    Tire buyers who have accused Goodyear, Michelin, Bridgestone and others of working together to fix the price of replacement tires have asked a New York federal court to consolidate the dozen lawsuits that have piled up against the tire manufacturers.

  • March 14, 2024

    72-Year Weil Alum, 'True Visionary' Corporate Atty Dies At 97

    Ira M. Millstein, the legendary Weil Gotshal & Manges LLP senior partner who helped save New York City from bankruptcy in the 1970s and used his bipartisan connections to help smooth Ruth Bader Ginsburg's path to the federal judiciary, has died, the firm said Thursday.

  • March 14, 2024

    Fired SoCal Edison Workers Drop Blacklist Suit Without Deal

    A group of former Southern California Edison utilities line designers summarily dropped their California federal court lawsuit against the utility, dismissing claims that their new company was hurt by policies declaring certain terminated employees persona non grata on distribution line extension projects in company territory.

  • March 14, 2024

    US Urges High Court To Deny Petition In Soccer Antitrust Row

    The U.S. solicitor general told the U.S. Supreme Court on Thursday that it should deny the U.S. Soccer Federation's efforts to stave off an antitrust lawsuit, saying the plaintiff correctly showed that the American organization worked with the international governing body to restrict certain events.

  • March 14, 2024

    FTC Says Consolidation Endangering Infant-Formula Market

    The Federal Trade Commission has found the country's small number of baby formula manufacturers and the effects of a federal nutrition program contributed to shortages in 2022 and are still making the supply chain vulnerable to disruption.

  • March 14, 2024

    Axon, Cities Fight Over Producing Material From FTC Case

    Axon Enterprise is sparring with municipalities accusing the police equipment maker of monopolizing the Taser and body camera markets, with the local governments pushing for what Axon described as the "premature and improper" production of discovery from the Federal Trade Commission's since-abandoned case.

  • March 14, 2024

    Game Developer Seeks Class Cert. In Valve Antitrust Case

    Developer Wolfire Games is asking a Seattle federal judge for class certification in its consolidated antitrust suit against online game seller Valve, saying discovery has brought abundant evidence that the platform uses its most-favored-nation clause to stifle competition and maintain monopoly power.

  • March 14, 2024

    Koch Can't Bring $30M Claim Against Canada Under NAFTA

    Canada prevailed in a $30 million arbitration brought by Koch Industries over the province of Ontario's decision to cancel a cap-and-trade program in 2018, securing dismissal of the claim on jurisdictional grounds.

  • March 14, 2024

    Water Treatment Co. Must Face Rival's Trade Secrets Suit

    A Tennessee federal judge has found that certain issues in a trade secrets suit against industrial water treatment service company ChemTreat need to go before a jury, shooting down arguments including that no trade secret was adequately identified.

  • March 14, 2024

    Mnuchin Says He's Forming Investor Group To Buy TikTok

    Former U.S. Treasury Secretary Steven Mnuchin said Thursday he is forming an investor group to buy TikTok, one day after a measure to separate the social media platform from its Chinese owners passed the House.

  • March 14, 2024

    9th Circ. Is Asked To Revive LegalForce's TM Dispute

    Intellectual property firm LegalForce RAPC Worldwide PC has taken its trademark battle with a Japanese company over the brand "LegalForce" to the Ninth Circuit, arguing in its appeal that a federal statute dictates that infringement can occur through equity sales to investors.

  • March 14, 2024

    Drug Wholesalers Want Preliminary OK On $265M Sandoz Deal

    A group of direct purchasers of generic drugs has asked a Pennsylvania federal court for approval of a $265 million settlement with Swiss drugmaker Sandoz over allegations of federal antitrust violations.

  • March 14, 2024

    Italy Fines TikTok €10M For Harmful Content

    Italy's antitrust authority fined TikTok €10 million ($11 million) on Thursday for failing to protect children from potentially dangerous content on the platform.

  • March 14, 2024

    Biden Comes Out Against $14.9B US Steel-Nippon Merger

    President Joe Biden came out in opposition of U.S. Steel's planned $14.9 billion merger with Japan's Nippon Steel Corp. on Thursday, echoing lawmakers who have expressed concerns about the sale of an American institution to a foreign power. 

  • March 14, 2024

    UK Law Change Threatens PE Firm's Newspaper Group Bid

    The government has set out rule changes that would prevent foreign states from owning British newspapers and other print media, a move that could block the takeover of The Daily Telegraph newspaper and The Spectator news magazine by RedBird IMI, an Abu Dhabi-backed private equity firm.

  • March 13, 2024

    TriZetto's $200M Jury Awards Thrown Out In Syntel Dispute

    A New York federal judge on Wednesday vacated roughly $200 million in damages awards Cognizant affiliate TriZetto won in a trade secret misappropriation and copyright infringement suit against Syntel, ruling that the awards were improperly calculated.

  • March 13, 2024

    Amazon Ducks Consumers' 'Buy Box'-Shipping Antitrust Suit

    Amazon.com is facing one less consumer antitrust suit after a Seattle federal judge said Wednesday that Prime members failed to define the relevant market or explain how they were harmed by policies tying placement of the "Buy Box" feature with sellers paying for its shipping services and cannot fix the shortcomings of their complaint.

  • March 13, 2024

    Epic Says Apple Is 'Blatantly' Violating App Store Order

    Epic Games told a California federal court on Wednesday that Apple is "blatantly" violating an order issued under state law barring anti-steering rules in the App Store by imposing new fees and restrictions that make linking to outside payment methods effectively impossible.

  • March 13, 2024

    Robinhood Says Investors Shouldn't Get Discovery Extension

    Trading platform Robinhood has told a Florida federal court that it should not be required to produce documents requested by investors in their "eleventh hour" motion to extend discovery in a suit alleging investors were damaged when Robinhood suspended purchases of so-called meme stocks to avoid a purported liquidity problem.

  • March 13, 2024

    Cherry IP Deception Claims Would Inflame Jury, Canada Says

    The Canadian government has told a Washington federal judge that jurors should not hear allegations that its IP licenser deceived the U.S. Patent and Trademark Office in a trial against Washington fruit growers it claims rebranded a unique Canadian sweet cherry variety as their own, citing the "inflammatory" nature of the growers' counterclaim.

Expert Analysis

  • 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.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Why Criminal No-Poach Cases Can Be Deceptively Complex

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    Mark Rosman at Wilson Sonsini discusses the reasons many criminal no-poach cases that appear simple are actually more complicated than they seem, following several jury trial acquittals and two dismissed cases.

  • Forecasting The Impact Of High Court Debit Card Rule Case

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    John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • What's At Stake In Bystolic 'Side Deals' Litigation

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    In re: Bystolic Antitrust Litigation, which has oral argument set for next month, will likely shed light on how the U.S. Court of Appeals for the Second Circuit views side deals, and could create a circuit split in pleading standards for reverse payment cases, say attorneys at Axinn.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Cross-Market Implications In FTC's Anesthesia Complaint

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    The Federal Trade Commission's recent complaint against a private equity firm's acquisition of anesthesiology practices highlights the controversial issue of cross-market harm in health care provider mergers, and could provide important insights into how a court may view such theories of harm, say Christopher Lau and Dina Older Aguilar at Cornerstone Research.

  • FTC Orange Book Move Signals New Pharma Patent Scrutiny

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    The Federal Trade Commission's recent dispute against improper listing of drug patents in the U.S. Food and Drug Administration's Orange Book indicates heightened surveillance of the pharmaceutical industry, particularly where competition-related consequences of patent or regulatory processes are concerned, say attorneys at Fenwick.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Competition Considerations From Biden's AI Executive Order

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    In light of President Joe Biden's recent executive order on artificial intelligence and the antitrust agencies' expansive enforcement posture, businesses in the technology and related industries should expect scrutiny, and avoid interactions that could be perceived as unlawful collaborations or exchange of competitively sensitive information, say attorneys at Hogan Lovells.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

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