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Competition
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February 04, 2026
FTC Defends Case Over Zillow-Redfin Rental Ads Pact
The Federal Trade Commission is defending its antitrust case challenging a partnership between Zillow Group Inc. and Redfin Corp., telling a Virginia federal court the pact is a clear agreement between the companies to not compete for rental housing advertisements.
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February 04, 2026
Keller Williams To Pay $20M To Settle Antitrust Claims
Keller Williams Realty has agreed to pay $20 million to resolve claims that it participated in a decades-long conspiracy to fix real estate broker commissions and inflate home prices, according to a proposed class of homebuyers who are asking an Illinois federal judge to grant preliminary approval to the deal.
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February 04, 2026
Sinclair To Pay $175K For Lost Texts In Price-Fixing MDL
A Chicago federal judge has approved a joint stipulation by which Sinclair Broadcast Group agreed to pay $175,000 after it was sanctioned for failing to preserve text message data from more than 50 company-issued cellphones amid discovery in multidistrict litigation over an alleged unlawful price-fixing scheme.
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February 04, 2026
Fertility Clinic Says Doctors Lured Staff To New Practice
The owners of a Massachusetts fertility clinic say three doctors left to start their own practice and repeatedly violated a non-solicitation agreement to "raid" its staff, according to a complaint filed in state court.
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February 04, 2026
EU Probes Chinese Wind Turbine Co. Over Foreign Subsidies
The European Commission has opened what it is calling an in-depth investigation into a Chinese wind turbine company that may be receiving distortive foreign subsidies.
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February 04, 2026
Express Scripts Makes 'Fundamental Changes' In FTC Deal
Express Scripts on Wednesday agreed to what the Federal Trade Commission called a "landmark settlement" promising major changes to its drug formulary practices, allowing the company to duck out of a case accusing all three of the country's largest pharmacy benefit managers of inflating insulin prices through rebate schemes.
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February 03, 2026
XAI Fights Uphill To Keep Alive OpenAI IP Theft Suit
Elon Musk's xAI urged a California federal judge Tuesday to change her tentative decision to toss its suit accusing OpenAI of poaching its workers to steal trade secrets, arguing that when considered together, the "whole gestalt" of xAI's allegations against individual employees is enough to state viable claims against OpenAI.
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February 03, 2026
En Banc 5th Circ. Wipes Out Airline Fees Disclosure Rule
The full Fifth Circuit on Tuesday vacated a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront, this time holding that the U.S. Department of Transportation's failure to properly consider public comments warrants doing away with the rule altogether.
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February 03, 2026
DOJ, AGs Lodge Cross-Appeal Over Google Search Remedies
The U.S. Department of Justice and state enforcers on Tuesday launched an appeal of a D.C. federal judge's scaled-back remedies in their case targeting Google's search monopoly, after the tech giant filed its own appeal to knock out the penalties.
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February 03, 2026
NFL Fans' Antitrust Suit Over Bluesky Fumbles, Judge Rules
A New York federal judge on Tuesday dismissed an antitrust suit two football fans lodged against the NFL, saying they failed to allege they were injured by a league policy barring teams from posting on the social media platform Bluesky.
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February 03, 2026
Boston IP Firm Sees Malpractice Claims Revived By 1st Circ.
The First Circuit has revived legal malpractice claims from a Colorado tech company that alleged it was betrayed when its lawyers at a Boston intellectual property law firm filed patents for another client, finding that a lower court's ruling that the claims were time-barred assumed the three-person company comprised exclusively of engineers had an understanding of tricky legal concepts.
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February 03, 2026
Calif. Cardholders Ask 2nd Circ. To Revive Swipe Fee Suit
California cardholders accusing Visa, Mastercard and other major banks of conspiring to fix interchange fees have asked the Second Circuit to revive their claims after a district court judge denied their motion for reconsideration in a long-running multidistrict litigation.
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February 03, 2026
Medtronic's Bundling Isn't Anticompetitive, Prof Tells Jury
A University of Chicago economics professor testified Tuesday in a California federal trial over antitrust claims against Medtronic, saying its practice of bundling its advanced bipolar devices for sales with other products isn't anticompetitive but is actually a very common American practice used by the likes of McDonald's and Costco.
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February 03, 2026
5-Hour Energy Maker Tells 9th Circ. Not To Revive Pricing Suit
The maker of 5-Hour Energy has urged the Ninth Circuit not to revisit a lower court ruling tossing claims from family-owned wholesalers that the energy drink company violated price discrimination law by providing Costco with disproportionate promotional support.
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February 03, 2026
Netflix, Warner Bros. CEOs Defend Merger Before Congress
In a congressional hearing Tuesday, the CEO of Netflix distanced himself from any notion President Donald Trump has undue influence in the review process of the streaming company's proposed $82.7 billion acquisition of Warner Bros., despite the president's assertion that he will be "involved" with the merger review.
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February 03, 2026
FCC Says 8th Circ. Media Ruling Clears Path For Deals
The Federal Communications Commission made it clear Tuesday that broadcasters have more leeway to own two leading stations in a local market following the Eighth Circuit's toss last year of the agency's long-standing bar on owning more than one major network affiliate in a single market.
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February 03, 2026
5th Circ. Unsure Child Online Safety Law Tramples Speech
A Fifth Circuit panel appeared skeptical Tuesday of a tech media trade group's stance that a Mississippi internet safety law is unconstitutional, suggesting that the challenged statute may not implicate speech.
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February 03, 2026
Tobacco Co. Says 'Time Bubble' Robbed It Of Fair TM Trial
BBK Tobacco & Foods LLP is asking an Arizona federal court for a new trial on its trademark infringement claims against Central Coast Agriculture Inc., saying the court wrongly created a "time bubble" that excluded all evidence from May 2021 on.
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February 03, 2026
Novartis, Sandoz Face New Generic-Drug Price-Fixing Suit
Adding to sprawling antitrust litigation against pharmaceutical giants, 42 states and territories sued Novartis AG, Sandoz AG and other drug companies in Connecticut federal court Monday, alleging that the companies colluded for years to fix prices and control markets for generic drugs.
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February 03, 2026
RealPage, Landlords Must Face Ky. AG's Antitrust Case
A Kentucky federal court refused to toss an antitrust case from the state attorney general's office accusing RealPage Inc. and several landlords of inflating rental rates through use of the software company's revenue management system.
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February 03, 2026
Zillow, Redfin Oppose Pausing FTC Case For Shutdown
Zillow and Redfin are fighting an attempt by the Federal Trade Commission and multiple states to pause consolidated antitrust claims against the property listing companies, arguing in Virginia federal court that the recent partial federal government shutdown doesn't justify staying litigation.
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February 03, 2026
Haynes Boone Adds Ex-SDNY Atty From Winston & Strawn
Haynes Boone LLP announced Tuesday that it has hired a former Southern District of New York prosecutor from Winston & Strawn LLP to promote the growth of its white collar and investigations practice.
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February 03, 2026
2nd Circ. Skeptical Anesthesia Group Suffered Antitrust Harm
A Second Circuit panel seemed poised Tuesday to find that an anesthesiology practice didn't suffer an antitrust injury in its claim that a United Healthcare unit used its market power in New York to cut reimbursement rates.
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February 03, 2026
1st Circ. Pushes For Settlement In Mass. 'Right-To-Repair' Suit
The First Circuit suggested Tuesday that major automakers and the Massachusetts Attorney General's Office should work together to resolve a suit over compliance with a state law requiring open access to vehicle telematics systems.
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February 03, 2026
Squire Patton Hires Sheppard Mullin, Miller & Chevalier Attys
Squire Patton Boggs LLP has hired a corporate attorney and an antitrust litigator from Sheppard Mullin Richter & Hampton LLP and Miller & Chevalier Chtd., respectively, who are joining the firm as partners in Washington, D.C., according to two Tuesday announcements.
Expert Analysis
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Antitrust Scrutiny Heightens In The Cannabis Industry
Two ongoing antitrust cases signal intensified scrutiny of pricing practices, distribution restraints and exclusionary conduct in the cannabis sector, says Robin Crauthers at McCarter & English.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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FTC Focus: Surprising Ways Meador And Khan Sound Alike
Since becoming a commissioner on the Federal Trade Commission, Mark Meador's public comments, speeches and writings reveal a surprising degree of continuity with former Chair Lina Khan's approach, in an indication that differing philosophies might have comparable practical effects, say attorneys at Proskauer.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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The Int'l Compliance View: Everything Everywhere All At Once
Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.
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Unpacking Notable Details From FTC's 'AI Washing' Cases
The Federal Trade Commission has brought many cases involving allegedly deceptive artificial intelligence claims over the past couple of years, illustrating overlooked aspects of AI washing generally and a few new types of AI marketing claims that may line up in regulatory crosshairs down the road, says Michael Atleson at DLA Piper.
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Antitrust Considerations Amid Cricket's US Expansion
As cricket continues to grow in popularity in the U.S., leagues, teams and enterprises operating in adjacent spaces should consider the potential antitrust risks associated with their business decisions, particularly around league operations and regulations, broadcasting, licensing, and player labor and mobility, say attorneys at Morgan Lewis.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Trump's 2nd Term Puts Merger Remedies Back On The Table
In contrast with the Biden administration, the second Trump administration has signaled a renewed willingness to resolve merger enforcement concerns through remedies from the outset, particularly when the proposed fix is structural, clearly addresses the harm and does not require burdensome oversight, say attorneys at Cooley.
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What To Know About NCAA Deal's Arbitration Provisions
Kathryn Hester at Jones Walker discusses the key dispute resolution provisions of the NCAA's recently approved class action settlement that allows for complex revenue sharing with college athletes, breaking down the arbitration stipulations and explaining how the Northern District of California will handle certain enforcement, administration, implementation and interpretation disputes.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.