Competition

  • May 29, 2024

    Meta's Policy On Threats List 'Sounds Nefarious,' Judge Says

    The California federal judge overseeing claims Meta blacklists certain adult performers questioned the social media giant's practice of keeping its list of dangerous organizations and individuals as a "living document" that changes constantly and isn't archived, saying the policy appears to destroy evidence and "sounds nefarious."

  • May 29, 2024

    PBMs Urge Ohio Suit Stay For Supreme Court Ruling

    Two pharmacy benefits managers want the Sixth Circuit to put its appeal on hold in an Ohio-led case accusing them of working together to drive up the cost of medications while the U.S. Supreme Court decides another case that also has to do with federal versus state jurisdiction.

  • May 29, 2024

    Visa, Mastercard Consumers Ink $197.5M ATM Antitrust Deal

    A pair of Visa and Mastercard consumers asked a Washington, D.C., federal judge Wednesday to greenlight a $197.5 million class settlement that would resolve claims that the credit card companies conspired with major banks to fix ATM access fees.

  • May 29, 2024

    Chancery Sends Momentus De-SPAC Claims Toward Trial

    A Delaware vice chancellor refused to dismiss any counts Wednesday in a suit filed by investors in the special purpose acquisition company that took commercial space venture Momentus Inc. public in August 2021, with the court noting that the case will be judged on plaintiff friendly entire fairness standards.

  • May 29, 2024

    Microsoft's Post-Merger Layoffs Cited In I-Told-You-So Appeal

    A private group of gamers is pointing to Microsoft's recent layoffs of 1,900 Activision and XBox employees as evidence of market harms stemming from Microsoft Corp.'s acquisition of Activision Blizzard Inc., as the group seeks to revive a private antitrust suit challenging the merger in the Ninth Circuit.

  • May 29, 2024

    Google, Apple Say Nothing New To Revive Search Pact Suit

    Google and Apple urged a California federal judge not to revive a private lawsuit accusing Google of paying Apple not to produce its own search engine, arguing the consumers have nothing new in citing months-old revelations from the Justice Department's search monopolization case against Google.

  • May 29, 2024

    PJM Watchdog Challenges FERC's Meeting Roadblock

    Monitoring Analytics, the independent market monitor for regional transmission organization PJM Interconnection, is asking the D.C. Circuit to review a Federal Energy Regulatory Commission order from March allowing PJM to keep the monitor out of its liaison committee meetings.

  • May 29, 2024

    Benefits Trade Group Urges Changes To New York PBM Regs

    A trade group representing large employers who sponsor employee benefit plans warned New York's insurance regulator that a proposal affecting pharmacy benefit managers — which act as intermediaries between pharmacies, drugmakers and insurers — will trigger litigation without changes before they're finalized to eliminate conflicts with federal benefits law.

  • May 29, 2024

    Handbag Cos. Seek FTC In-House Delay For Fed. Court Row

    Tapestry and Capri are asking the Federal Trade Commission to delay an in-house challenge to the planned $8.5 billion merger combining the parent companies of Coach and Michael Kors, arguing the FTC's separate request for a preliminary injunction in New York federal court should take precedence.

  • May 29, 2024

    NCAA Must Face Bulk Of Student-Athlete's W.Va. Transfer Suit

    A West Virginia federal judge will not allow the NCAA to escape the bulk of an antitrust lawsuit filed by a 22-year-old, ruling he sufficiently supported his claims accusing the organization of contract interference when it deemed him ineligible to play basketball after a midseason transfer. 

  • May 29, 2024

    DOJ Requests More Info On $2.2B Employee Screening Deal

    The U.S. Department of Justice has requested more information about employment screening company First Advantage Corp.'s planned $2.2 billion purchase of rival Sterling Check Corp., extending the review period for the merger.

  • May 29, 2024

    6 Questions For FCC Commissioner Anna Gomez

    A year after she was nominated for the Federal Communications Commission's third Democratic seat, Anna Gomez says she's steadily progressing toward goals tied to connectivity, innovation, public safety and media localism in what she calls the "best job I've had in my career."

  • May 29, 2024

    Robinhood Reaches Deal To End 'Meme Stock' Investor Suit

    Robinhood Markets Inc. told a Florida federal judge Tuesday that it has reached a settlement with investors to resolve a suit over the trading platform's suspension of so-called meme stock purchases, saying it anticipates finalizing the deal within the next two weeks.

  • May 29, 2024

    Pool Co. Can't Avoid, Delay Paying $16M False Ad Verdict

    A North Carolina federal judge has cleared the way for an American swimming pool parts supplier to go after a $16 million judgment from its Chinese rival for false advertising and unfair business practices following a weeklong jury trial earlier this year.

  • May 29, 2024

    Wilson Sonsini Adds 2 Attys In Salt Lake City From Kirkland

    Wilson Sonsini Goodrich & Rosati PC has continued to expand its growing, three-year-old Salt Lake City, Utah, office with the recent addition of two experienced litigators who moved their practices from Kirkland & Ellis.

  • May 29, 2024

    The NFL's $6 Billion Question: Is Sunday Ticket A Racket?

    After nearly a decade of testy antitrust litigation, the NFL finds itself on the precipice of a trial that could put it on the hook for billions of dollars if a California jury finds that the league and its teams illegally colluded with DirecTV in pricing its Sunday Ticket broadcast package.

  • May 29, 2024

    Anheuser-Busch, Tilray Fight Beer Sale Injunction Bid

    Anheuser-Busch InBev and Tilray Brands Inc. want a New York federal court to deny an injunction to a distributor alleging they are interfering with its contract to exclusively export craft beers, saying the contract is unenforceable and the potential harm is only speculative.

  • May 29, 2024

    Wachtell, Kirkland Steer $22.5B ConocoPhillips-Marathon Deal

    Wachtell Lipton Rosen & Katz-advised ConocoPhillips has agreed to acquire Marathon Oil, represented by Kirkland & Ellis LLP, in an all-stock transaction with an enterprise value of $22.5 billion, inclusive of $5.4 billion of debt, the companies said Wednesday. 

  • May 28, 2024

    Amazon Can't Duck FTC's Prime Subscription Suit

    Amazon cannot escape the Federal Trade Commission's lawsuit alleging the e-commerce giant tricks consumers into enrolling in its Prime service and makes it difficult for members to cancel subscriptions, a Seattle federal judge ruled Tuesday, saying the commission has adequately alleged Amazon's Prime terms were not "clearly and conspicuously disclosed."

  • May 28, 2024

    Ranchers' Claims Again Tossed From Beef Price-Fixing MDL

    A Minnesota federal judge has once again thrown out beef price-fixing claims brought by ranchers who raise cattle and calves, ruling Tuesday that the ranchers still haven't clearly established they are directly affected by the alleged scheme.

  • May 28, 2024

    Boeing Jury Urged To Reject Electric Startup's $200M IP Ask

    Counsel for Boeing Co. told a jury to reject Zunum Aero Inc.'s claim it deserves nearly $200 million for alleged trade secrets misappropriation, saying during closing arguments Tuesday that Zunum wants to shift blame away from its own failures.

  • May 28, 2024

    Agri Stats Can't Duck Or Transfer DOJ, States' Antitrust Suit

    Agri Stats can't transfer or dismiss an antitrust case brought by the U.S. Department of Justice and six states that accuses the third-party data compiler of helping meat processors swap sensitive business information, a Minnesota federal judge ruled Tuesday.

  • May 28, 2024

    Consumers, Advertisers Seek Class Cert. Against Meta

    Advertisers and consumers suing Facebook owner Meta Platforms Inc. over allegations of monopolizing the online social media advertising market and misusing users' data in the process have told the California federal court overseeing their claims that they believe it's time for the proposed classes to be certified.

  • May 28, 2024

    The NCAA Put Out One Fire, But The House Is Still Ablaze

    Despite the enormous size of the settlement of a class action by hundreds of thousands of former college athletes over name, image and likeness compensation denied to them, experts say it only resolves one of the NCAA's many legal crises, while shining a light on the severity of the others.

  • May 28, 2024

    RBS, Lloyds Bank, Others Ink $1.9M Libor Settlement

    A group of plaintiffs in the yearslong suit alleging several big banks manipulated the London Interbank Offered Rate, or Libor, have reached a $1.9 million settlement with the Royal Banks of Scotland, Lloyds Bank and others, bringing the total settlement recovery amount to more than $780 million.

Expert Analysis

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • The Effects Of New 10-Year Limitation On Key Sanctions Laws

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    Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.

  • Opinion

    DOJ Messaging App Warnings Undermine Trust In Counsel

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    The U.S. Department of Justice Antitrust Division's increasingly ominous warnings to defense and in-house counsel about the consequences of not preserving ephemeral messaging and messages sent using collaboration tools could erode confidence and cooperation, says Mark Rosman at Proskauer.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • FTC Noncompete Rule Risks A Wave Of State AG Actions

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    The Federal Trade Commission's final rule language banning noncompetes may contribute to a waterfall enforcement effect in which state attorneys general deploy their broad authority to treat noncompetes as separate and independent violations, say Ryan Strasser and Carson Cox at Troutman Pepper.

  • Patent Lessons From 4 Federal Circuit Reversals In April

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    Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • A Comparison Of FDIC, OCC Proposed Merger Approaches

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    Max Bonici and Connor Webb at Venable take a closer look at the Federal Deposit Insurance Corp.'s and Office of the Comptroller of the Currency's respective bank merger proposals and highlight certain common themes and important differences, in light of regulators continually rethinking their approaches to bank mergers.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Behind Court Challenges To The FTC's Final Noncompete Rule

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    The Federal Trade Commission's recent final rule banning noncompetes may not go into effect any time soon amid a couple of Texas federal court challenges seeking to bar the rule's implementation, which will likely see appeals all the way to the U.S. Supreme Court, says Michael Elkins at MLE Law.

  • Tips For Keeping Trade Secrets In The Vault

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    Key practices aimed at maintaining confidentiality can help companies establish trade secret status as the Federal Trade Commission's ban on noncompetes makes it prudent to explore other security measures, says John Baranello at Moses & Singer.

  • Contract Disputes Recap: Saying What Needs To Be Said

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    Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that delve into the meaning and effect of contractual releases, and demonstrate the importance of ensuring that releases, as written, do what the parties intend.

  • Tiny Tweaks To Bank Merger Forms May Have Big Impact

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    The impact of proposed changes to the Federal Reserve Board's and Federal Deposit Insurance Corp.'s bank merger review forms would be significant, resulting in hundreds of additional burden hours for bank merger applicants and signaling a further shift by the prudential bank regulators toward more rigorous scrutiny of mergers, say attorneys at Debevoise.

  • Lessons On Challenging Class Plaintiffs' Expert Testimony

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    In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

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