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Competition
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February 19, 2026
Investment Firm Denied CNA Defense From Competitor
A CNA Financial Corp. unit has no duty to defend an investment firm from suits alleging it stole a competitor's employees and solicited its investors, a Connecticut federal judge said Thursday, ruling any claims that would have triggered that duty predated the policy period.
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February 19, 2026
Pepsi And Frito-Lay Avoid Class Chip-Pricing Claims, For Now
A California federal judge struck class claims from a lawsuit accusing PepsiCo and Frito-Lay of illegally charging Walmart, Target, and other chain stores less for chips than smaller retailers, stating that the plaintiffs cannot show that the proposed class has suffered the same injury, but will allow them to rework the complaint.
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February 19, 2026
NCAA Sets Payment Plan For $303M Wage-Fixing Settlement
The NCAA on Thursday announced a funding plan for its $303 million settlement resolving class action claims from more than 7,700 volunteer Division I coaches who claimed the governing body's former rules illegally suppressed coaching wages.
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February 19, 2026
Amazon Throwing Out Tech Intercom Not Sanctionable: Judge
While Amazon.com Inc. was negligent in allowing a consulting engineer to throw out an advanced intercom at the center of a trade secrets and unauthorized computer access proposed class action, a New York federal magistrate judge said Wednesday that doing so didn't cost the intercom's maker any relevant evidence.
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February 19, 2026
Delta, Aeromexico Urge 11th Circ. To Void DOT Split Order
Delta Air Lines and Aeromexico urged the Eleventh Circuit to void a U.S. Department of Transportation order directing them to dismantle their joint venture, saying the agency had offered contrived reasoning and scant evidence for purported anticompetitive effects.
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February 19, 2026
Live Nation Fights Uphill To Nix FTC Suit Over Ticket Scalping
Live Nation urged a California federal judge Thursday to reconsider her tentative decision refusing to dismiss the Federal Trade Commission's allegations it turned a blind eye to scalpers, arguing that the complaint doesn't identify specific tickets that scalpers were able to obtain by evading security measures that limit purchases.
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February 19, 2026
Commerce Orders Duties On Paper Folders From Cambodia
Paper file folders imported into the U.S. from Cambodia will be subject to a countervailing duty order following affirmative determinations by the U.S. Department of Commerce that these imports are benefiting from harmful subsidies and damaging U.S. domestic industry, Commerce said Thursday.
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February 19, 2026
CIT Orders Reconsideration Of Fujifilm Co.'s Industry Status
The U.S. International Trade Commission must redo its determination that a U.S. subsidiary of Fujifilm qualifies as a domestic producer for purposes of finding domestic industry has been harmed by imports from Japan and China, the U.S. Court of International Trade said.
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February 19, 2026
UK Raises Antitrust Concerns In Getty's Shutterstock Deal
The U.K.'s antitrust authority said Thursday that it has provisionally found that Getty Images' planned $3.7 billion acquisition of Shutterstock could harm the supply of editorial images in Britain.
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February 19, 2026
Spread-Betting Biz Fights Order To Unwind Merger With Rival
Sports betting company Spreadex urged the Competition Appeal Tribunal on Thursday to quash an order forcing it to sell a business it acquired in 2023, saying it was wrong to find that the merger would threaten competition.
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February 18, 2026
Bang Energy's Founder Denied Stay Of Adversary Suit
A Florida bankruptcy judge denied a bid to halt an adversary lawsuit alleging that misconduct from the founder of Bang Energy drinks left his company insolvent, saying on Wednesday that no irreparable harm was shown without a stay and that a request for a stay is overly broad.
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February 18, 2026
Birkin Bag Fans Appeal Hermès' 'Predetermined' Antitrust Win
Shoppers urged the Ninth Circuit Wednesday to revive their proposed class action accusing Hermès of illegally tying the sale of its iconic Birkin handbags to other expensive luxury items, arguing that the lower court erroneously "predetermined" the outcome of their case even before they filed their latest complaint.
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February 18, 2026
Trans Health Org Sues To End 'Unconstitutional' FTC Inquiry
The World Professional Association for Transgender Health on Wednesday sued over the Federal Trade Commission's recent consumer protection investigation into the major transgender medical group, claiming the probe is an unconstitutional attack aimed at undermining access to gender-affirming care.
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February 18, 2026
Equifax's Bid To Arbitrate 'Too Clever By Half,' Judge Says
Equifax waived its right to arbitrate a proposed class action accusing it of monopolizing the income and employment verification market, a Pennsylvania federal judge ruled, calling the credit reporting agency's post-complaint addition of an arbitration provision in its user agreement a legal tactic "too clever by half."
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February 18, 2026
Blue Shield Of Calif. Says 'Ghost Network' Action Falls Flat
Trouble finding a mental health care therapist is unfortunate but not something that an entire class action can be based on, argued Blue Shield of California, urging a federal judge to dismiss a suit accusing the company of maintaining a "ghost network" directory of providers who don't exist or don't accept new patients.
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February 18, 2026
Canada's Olympic Body Joins NHL, CHL Antitrust Defense
Canadian hockey officials asked the Ninth Circuit to reject an appeal from junior players who sued the National Hockey League and its pipeline organizations over alleged antitrust violations, arguing certain rules actually benefit the community and foster competition.
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February 18, 2026
Live Nation Antitrust Claims Heading To Trial
A New York federal judge on Wednesday refused a bid from Live Nation Entertainment Inc. to avoid a looming trial in a case from the U.S. Department of Justice and state enforcers accusing it of monopolizing the live entertainment industry.
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February 18, 2026
Binance.US, Crypto Data Site Beat Antitrust Suit Again
Binance.US and a digital asset market data website have again beaten proposed class action claims they suppressed a cryptocurrency's value by misstating its ranking in violation of federal antitrust law and commodities regulation, though the investor who brought the suit has a chance to revise the claims.
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February 18, 2026
Judge Won't Let MediaTek Out Of Bogus Litigation Case
A California federal judge won't grant Taiwanese semiconductor maker MediaTek Inc. a win in a lawsuit from Taiwanese competitor Realtek accusing the former of colluding with other companies to harass Realtek with bogus patent cases, saying a Texas federal judge's ruling that denied Realtek sanctions in a case there didn't mean the baselessness of the case couldn't be relitigated.
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February 18, 2026
Sandoz's Case Against Amgen Over Enbrel Biosimilar Tossed
A Virginia federal court found that Sandoz Inc. should have brought its claims accusing Amgen of blocking competition for Enbrel in a previous patent dispute over the blockbuster autoimmune disease treatment.
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February 18, 2026
Sen. IP Leads Worry About Outsize Standards Influencers
U.S. senators who lead the Judiciary Committee's subcommittee on intellectual property wrote to the head of the American National Standards Institute stressing "the essential importance of integrity, balance and transparency" while developing standards in the U.S.
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February 18, 2026
DOJ Allowed To Dictate Pay, Term Of Google Search Watchers
A D.C. federal judge sided with the U.S. Department of Justice on Tuesday regarding the key terms of service for the five-member technical committee tasked with observing Google's compliance with mandates to prop up rival search engines with search results and data.
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February 18, 2026
Will Jurors Penalize AI? Study Examines Trade Secrets Impact
A forthcoming academic study suggests juries may treat AI-enabled actions more harshly than human conduct in trade secrets disputes, resulting in what the authors call an “AI penalty.” Attorneys say reality is more complicated.
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February 18, 2026
Judge Rejects FTC's Emergency Bid To Spare Merger Rule
The Federal Trade Commission has just until Thursday to obtain Fifth Circuit intervention after a Texas federal judge refused Wednesday to extend his seven-day pause on the order scrapping the agency's premerger reporting overhaul.
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February 18, 2026
J&J Unit Appeals $442M Catheter Antitrust Loss To 9th Circ.
Johnson & Johnson's Biosense Webster health tech unit urged the Ninth Circuit to overturn a California federal jury's $147 million antitrust verdict — later upped to $442 million — over the company withholding cardiac mapping support to hospitals using third-party reprocessed catheters, saying Innovative Health LLC didn't prove its allegations of unlawful tying.
Expert Analysis
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Chancery Exec Noncompete Ruling Offers PE Buyer Lessons
In Derge v. D&H United Fueling Solutions, the Delaware Court of Chancery sided with a private equity-backed portfolio company by enforcing a noncompete against an executive, providing private equity buyers with a checklist of factors for an enforceable noncompete in the sale-of-business context, says Danielle Asaad at Squire Patton.
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Key Trends In Healthcare Antitrust In 2025
The healthcare industry braced for significant antitrust enforcement shifts last year driven by a change in administration, and understanding the implications of these trends is critical for healthcare organizations' risk management and strategic decision-making in the year ahead, say attorneys at Michael Best.
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Preparing For Congressional Investigations In A Midterm Year
2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.
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What 2025 Enforcement Actions Show About FERC's Priorities
A review of the Federal Energy Regulatory Commission's 2025 enforcement record suggests that this year, the commission will persist in holding market participants to their commitments, and continue active market surveillance and close cooperation with market monitors, says Ruta Skucas at Crowell & Moring.
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Top 5 Antitrust Issues For In-House Counsel To Watch In 2026
With Trump administration enforcement policy having largely taken shape last year, antitrust issues that in-house counsel should have on the radar range from scrutiny of technology-assisted pricing to the return of merger remedies, say attorneys at Squire Patton.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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A 6th Circ. Snapshot: 3 Cases That Defined 2025
With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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Changes In Crypto, Cybersecurity Defined NY Banking In 2025
The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.
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M&A Midmarket Shows Resilience Amid 2025 Challenges
Midmarket mergers and acquisitions showed a slight decline in volume but climbed in value for much of 2025, particularly in the private equity space, indicating that the middle market M&A environment is cautious but steady heading into 2026, say attorneys at Stoel Rives.
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Del. Dispatch: Key 2025 Corporate Cases And Trends To Know
The Delaware corporate legal landscape saw notable changes in 2025, spurred by amendments to the Delaware General Corporation Law, ubiquitous artificial intelligence fervor, boardroom discussion around DExit, record shareholder activism activity and an arguably more expansive view of potential Caremark liability, say attorneys at Fried Frank.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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How Cos. Can Roll With NY's New Algorithmic Pricing Rules
Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.