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* The FTC is appealing its case against the Microsoft-Activision merger. There’s a lot of talk about the FTC “failing” but even in losing they forced Microsoft to publicly claim it wouldn’t make key franchises XBox exclusives and… that’s a victory in itself. Successful litigation doesn’t have to end in a win to have been a smart case to bring. [ googletag.cmd.push( function() { // Display ad. googletag.display( "div-id-for-top-300x250" ); }); Law360] Sponsored Take Your Firm’s Work To The Next Level With Neos With endless customization options and a robust suite of integrations, Assembly Software’s Neos is a powerful, cloud-based platform ideal for today’s forward-thinking attorneys. From Assembly Software and Above The Law  

* But, because everything is stupid now, the FTC is going to get grilled in a congressional hearing. [Reuters]

* Gun ban in state parks upheld because the law has never been enforced and may never be… haven’t these people heard of 303 Creative? You don’t need any of that anymore. [Hartford Courant]

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* Allen & Overy’s managing partner has stepped down in the midst of the Shearman merger negotiations. [Bloomberg Law News]

* The Titanic sub disaster underscores the need for robust anti-SLAPP laws. [Daily Beast]

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* NCBE unveils its nextgen bar exam questions. They are not much better than the existing questions. [Law.com]

* A new wrinkle in the hybrid office reality: small firms sharing office space. A new ethics opinion deals with this issue and hopefully settles who gets to decide if the toilet paper is overhanded or underhanded. [ABA Journal]

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Allen & Overy, Anti-SLAPP, Antitrust, Bar Exam, Biglaw, Courts, FTC, Morning Docket, Shearman & Sterling