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More Push In The 'Push-Pull' As DOJ Targets 'Gamesmanship'
The U.S. Department of Justice continues to build its task force targeting "gamesmanship" that it says BigLaw attorneys for major companies, especially technology platforms, are using to obstruct antitrust investigations — an effort that has been welcomed by some practitioners and questioned by others.
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January 28, 2026
Trade Secret Filings Hit Record High In 2025, Report Finds
Trade secret litigation reached an all-time high in 2025, with more than 1,500 federal cases filed for the first time ever, according to a new report by legal analytics firm Lex Machina, which also highlights trends about damages, the busiest courts and the law firms most frequently involved.
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January 28, 2026
Biogen Can't Escape Amended Antitrust Suit Over MS Drug
Biogen Inc. must face health plans' claims that it bribed pharmacy benefit managers to stifle generics competition for its multiple sclerosis drug Tecfidera, after an Illinois federal judge found Wednesday that the plans' latest amended complaint in their consolidated antitrust litigation corrects her prior concerns with the pleadings.
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January 28, 2026
Subcontractor Says Fluor Shut It Out Of Work On NM Wildfires
A subcontractor has told a Texas federal court that Fluor Corporation was in cahoots with another subcontractor to push it out of the disaster relief staffing market relating to the 2022 New Mexico wildfires, saying Fluor violated federal antitrust law.
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January 28, 2026
Ex-Google Engineer's Trade Secret Theft Case Goes To Jury
Software engineer Linwei Ding "stole, cheated and lied" when he worked at Google LLC, taking its artificial intelligence trade secrets to help himself and China, a California federal prosecutor told jurors Tuesday, urging them to convict him of economic espionage and trade secret theft.
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January 28, 2026
Tyson Cuts $48M Deal To End More Pork Price-Fixing Claims
Commercial and institutional indirect pork purchasers have urged a Minnesota federal judge to preliminarily approve Tyson Foods Inc.'s $48 million deal to resolve antitrust claims over allegedly inflated pork prices, noting that it's the certified class's sixth settlement, bringing the class's total recovery to $114 million as the years-long litigation nears trial.
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January 28, 2026
Senators Question If FirstNet, AT&T Need More Oversight
A U.S. Senate panel Wednesday examined calls to reform the national first responder network and to rework AT&T's 25-year exclusive contract to provide network coverage for emergency personnel across the country.
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January 28, 2026
Schools Want To Appeal Financial Aid-Fixing Antitrust Case
The five private universities that have yet to settle with students over the alleged fixing of financial aid offerings are asking an Illinois federal court for permission to immediately appeal a ruling that sets the case up for trial.
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January 28, 2026
Teva Allowed New Mifepristone Claim But Not New Defendant
A California federal judge gave Teva permission to update its antitrust suit accusing Corcept Therapeutics of using patent system abuse, bribes and exclusive dealing to block generic competition to its cortisol disorder treatment while refusing to let Teva add another specialty pharmacy as a defendant.
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January 28, 2026
Farmers Say 'Secret' Union Pacific Fee Blocks Rival Rail Line
Kansas and Colorado grain farmers and the company they use to ship their grain to the West Coast sued Union Pacific in Kansas federal court for allegedly using a "secret" fee illegally hidden from federal rail regulators to stop the plaintiffs from using a cheaper alternative rail line.
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January 28, 2026
Casino License Revocation Order Off The Mark, 8th Circ. Told
Two Cherokee Nation entities say an Arkansas federal court "struck out on its own" when it dismissed claims over the revocation of an Arkansas-issued gambling license, telling the Eighth Circuit that the decision sets a dangerous precedent that will haunt the state as it seeks multimillion-dollar investors.
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January 28, 2026
ArentFox Schiff Launches Longevity Industry Group
ArentFox Schiff LLP on Wednesday announced the launch of a group geared toward advising companies focused on advancing wellness, preventive health care and the longevity of life.
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January 28, 2026
LegitScript's Counterclaims Against PharmacyChecker Tossed
An Oregon federal court dismissed LegitScript's counterclaims accusing PharmacyChecker.com of making false statements about the legality of importing prescription drugs, in a suit accusing the pharmacy accreditation provider of blacklisting the price-checking website.
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January 28, 2026
Ropes & Gray Adds 3 Partners In New York
Ropes & Gray LLP has expanded its offerings in New York with the addition of three attorneys, one each from Debevoise, Paul Weiss and Wachtell Lipton.
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January 28, 2026
Longtime DOJ Antitrust Litigator Joins Duane Morris
A veteran antitrust litigator at the U.S. Department of Justice left the federal government to join Duane Morris LLP as a partner, the firm has announced.
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January 28, 2026
Fed. Circ. Won't Revive MasterCard Trade Secret Claims
The Federal Circuit declined to revive trade secret theft claims Wednesday brought by a MasterCard unit against two former McKinsey consultants, agreeing with a lower court that the company had failed to identify the alleged trade secrets with enough specificity.
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January 28, 2026
Company Seeks Damages Despite Invalid Noncompetes
The Delaware Supreme Court on Wednesday probed how far employers can go in enforcing noncompete and nonsolicitation clauses tied to lucrative equity awards, pressing both sides in a dispute between Fortiline Inc. and Patriot Supply Holdings Inc. and a group of former executives on whether companies should be able to recover damages for alleged breaches even when lower courts have found the underlying restraints unenforceable.
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January 28, 2026
NJ Atty Calls Fla. Bar's High Fees Unconstitutional
A New Jersey lawyer urged the Eleventh Circuit on Wednesday to revive his suit accusing the Florida Board of Bar Examiners of violating the dormant commerce clause by charging out-of-state attorneys disproportionately high fees to sit for the Florida bar exam.
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January 28, 2026
Generics Makers Want Hospital Drug Data In Price-Fixing MDL
A group of 150 hospitals suing generic-drug makers for alleged price fixing in multidistrict litigation should hand over data on their drug purchases, the drugmakers have told a Pennsylvania federal court, arguing they don't sell directly to the hospitals and therefore have no records themselves.
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January 28, 2026
Mich. Clears Way For High School Athletes To Earn NIL Money
High school athletes in Michigan will now be allowed to profit off their name, image and likeness after state authorities unveiled a policy change to expand and emphasize "personal branding activities" for students.
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January 28, 2026
Top German Court Rejects Antitrust FRAND Challenge
Germany's top civil court has ruled that a patent holder has not breached European Union antitrust laws by seeking an injunction against a mobile phone company amid the pair's failure to negotiate a license agreement on FRAND terms.
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January 27, 2026
Ohio PBM Suit Belongs In Federal Court, 6th Circ. Rules
The Sixth Circuit on Tuesday ruled that Ohio's lawsuit accusing pharmacy benefit managers of driving up prescription prices through rebate schemes belongs in federal court, saying in an opinion recommended for publication that the suit imposes liability on conduct undertaken at the direction of a federal officer.
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January 27, 2026
Google's Allegedly Stolen AI Secrets Not Valuable, Jury Told
Former Google engineer Linwei Ding's counsel wrapped his defense case Tuesday, questioning a technical expert who told a California federal jury that the documents taken by Ding related to artificial intelligence supercomputers wouldn't allow someone to replicate Google's technology and had minimal value to competitors.
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January 27, 2026
Iowa Can't Block Schwab's Antitrust Deal, 5th Circ. Told
A group of investors who settled with The Charles Schwab Corp. in an antitrust suit over the financial services company's merger with TD Ameritrade has urged the Fifth Circuit to dismiss an appeal filed by the state of Iowa, which had previously objected to the settlement's lack of monetary benefit to the class and proposed attorney payouts.
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January 27, 2026
Medtronic Rival's VP Says Docs Praised Device But Didn't Buy
A vice president in charge of sales at Applied Medical testified Tuesday in a California federal trial over his company's antitrust claims against Medtronic, and said the overwhelmingly positive feedback Applied received from surgeons who used its advanced bipolar devices often didn't result in sales.
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January 28, 2026
Law360 Seeks Members For Its 2026 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.
Editor's Picks
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FTC Must 'Scale A Slick Wall' To Revive Meta Suit
The Federal Trade Commission set itself up for a tough fight to overturn a D.C. federal judge's rejection of its lawsuit accusing Meta of monopolizing personal social media through its purchases of WhatsApp and Instagram.
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What To Expect From The Competition Appeal Tribunal In 2026
With a new president at the helm, potential government reform and a crowded trial calendar, lawyers say the next 12 months will see a Competition Appeal Tribunal with a more disciplined judicial culture.
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Antitrust Cases Ahead: Live Nation, Middleman On Trial
The U.S. Department of Justice and Federal Trade Commission enter 2026 with decisions to make about how to regroup after coming up short in major cases against Google and Meta Platforms.
Expert Analysis
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And Now A Word From The Panel: MDL Year In Review
2025 was a roller coaster for the Judicial Panel on Multidistrict Litigation, with the panel canceling one hearing session due to the absence of new MDL petitions, yet also issuing rulings on more new MDL petitions than in 2024 — making it clear that MDLs are still thriving, says Alan Rothman at Sidley Austin.
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Series
Judges On AI: How Judicial Use Informs Guardrails
U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.
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What Businesses Offering AI Should Expect From The FTC
The Federal Trade Commission's move to reopen and set aside an administrative order against Rytr shows that the FTC is serious about executing on the administration's Artificial Intelligence Action Plan, and won't stand in the way of businesses offering AI products with pro-consumer, legitimate uses, say attorneys at Reed Smith.
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Key Sectors, Antitrust Risks In Pricing Algorithm Litigation
Algorithmic pricing lawsuits have proliferated in rental housing, hotels, health insurance and equipment rental industries, and companies should consider emerging risk factors when implementing business strategies this year, say attorneys at Hunton.
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Series
Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief
My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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2026 Int'l Arbitration Trends: M&A And Securities Disputes
Recent developments — such as the high-profile arbitration between ExxonMobil and Chevron, and the U.S. Securities and Exchange Commission's shift on its long-standing opposition to mandatory arbitration clauses in registration statements — highlight key issues to consider when drafting relevant agreements and arbitrating M&A disputes, say attorneys at Cleary.
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Lessons From Higher Ed's Unexpected Antitrust Claim Trend
As higher education institutions face new litigation risk on antitrust grounds, practitioners should familiarize themselves with the types of recent claims that have alleged competitive harm in the higher education space, and expect some combination of other, traditional antitrust tenets to surface as well, says Kendrick Peterson at Baker McKenzie.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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What's New In ISS' Benchmark Voting Policy Updates For 2026
Companies should audit their governance structures and disclosures to prepare for the upcoming proxy season in light of Institutional Shareholder Services' 2026 policy updates, which include tighter guardrails on capital structures and director compensation, and more disclosure-driven assessments of environmental and social shareholder proposals, say attorneys at Fenwick.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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What Changed For Healthcare Transaction Law In 2025
Though much of the legislation introduced last year to expand state scrutiny of healthcare transactions did not pass, investors should pay close attention to the overarching trends, which are likely to continue in this year's legislative sessions, say attorneys at Ropes & Gray.
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7 Ways In-House Counsel May Unearth Red Flags In AI M&A
In-house counsel and executives conducting M&A due diligence in the artificial intelligence arena can surface hidden liabilities and avoid problems or divestitures by adopting strategies in key areas, including intellectual property provenance and postclose risk management, say attorneys at Reed Smith.
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Expect State Noncompete Reforms, FTC Scrutiny In 2026
Employer noncompete practices are facing intensified federal scrutiny and state reforms heading into 2026, with the Federal Trade Commission pivoting to case-by-case enforcement and states continuing to tighten the rules, especially in the healthcare sector, say attorneys at DLA Piper.