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Competition
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January 22, 2026
FTC Defends BOTS Act Case Against Live Nation
The Federal Trade Commission urged a California federal court not to toss its case accusing Live Nation of deceiving customers and artists, saying the live events and ticketing giant failed to disclose the actual price of tickets and turned a blind eye to scalpers on its platforms.
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January 22, 2026
5th Circ. Won't Restore Plastics Co.'s $75M IP Jury Award
The Fifth Circuit is standing behind a lower court's decision throwing out a verdict of more than $75 million that plastics manufacturer Trinseo Europe GmbH won in a suit accusing a former Dow Chemical Co. employee and Kellogg Brown & Root LLC of swiping trade secrets.
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January 22, 2026
Colo. Co. Can't Sue Target Again For Infringement, Court Told
A Colorado-based clothing company cannot bring claims that Target infringed the company's registered copyright on several infant sleepwear products, the retail giant told a federal judge, arguing that a prior lawsuit against Target prevents the clothing company from suing it again.
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January 22, 2026
Walmart Broke Grocery Noncompete Promise, Court Told
The owner of a suburban Pittsburgh grocery store told a Pennsylvania federal judge Thursday that a neighboring Walmart is in violation of a nearly 30-year-old deal not to compete for food sales, blaming a recent remodel for a drop in the grocer's sales.
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January 22, 2026
10th Circ. Partly Revives Pest Control Co.'s Fraud Claims
The Tenth Circuit has partially revived a case brought by one pest control company against a competitor alleging the business rival bribed employees to turn over sales data, disagreeing with a lower court that the company had not shown financial losses.
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January 22, 2026
Drugmakers May Dodge Disgorgement In States' Antitrust Suit
A Connecticut federal judge probed the limits of his equitable powers Thursday in a sprawling generic drug antitrust enforcement action, expressing doubt that he could order the drugmaker defendants to hand over their profits while also awarding multiplied damages and imposing civil penalties.
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January 22, 2026
2nd Circ. Stays Nielsen's National-Local Data Tying Block
The Second Circuit temporarily paused a New York federal judge's order blocking Nielsen from tying access to its nationwide radio ratings data to the purchase of local market data.
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January 22, 2026
FTC Cites 'Serious Concerns' With Epic-Google Play Deal
A settlement resolving Epic Games' antitrust lawsuit against Google that would replace the injunction Epic won against Google's Play Store controls has drawn pushback from the Federal Trade Commission, which is urging strict scrutiny of the agreement currently under the eye of an already skeptical California federal judge.
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January 22, 2026
Google Can't Duck Case Over Paid Search, Privacy Claims
A California federal court has refused to toss a proposed consumer class action alleging Google's default search agreements block competition from rival search engines that could provide more privacy or even pay users to search.
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January 22, 2026
AGs Target Investor Advocacy Group As 'Climate Cartel'
A group of state attorneys general led by Florida Attorney General James Uthmeier issued a warning letter Wednesday to climate advocacy organization Ceres claiming concerns about violations of antitrust and consumer protection laws.
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January 22, 2026
Amazon Says IP Lawyer Can't Dodge Trademark Suit
Amazon is pushing back against an intellectual property lawyer's effort to escape a lawsuit accusing him of conspiring with a Chinese company to sidestep a U.S. Patent and Trademark Office rule, arguing the claims were properly pled and that the Seattle federal court is the proper venue.
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January 22, 2026
NCAA Tells 4th Circ. Appeal Of Eligibility Ruling Should Go On
The NCAA has urged the Fourth Circuit to keep hearing its appeal of a preliminary injunction letting four West Virginia University football players compete in a season that is now over, arguing that similar challenges to its eligibility rules are inevitable.
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January 22, 2026
Ethanol Biz Loses Bid To Overturn €48M Price-Fixing Fine
A Swedish ethanol producer failed on Thursday to overturn a €47.7 million ($55.9 million) fine for colluding to maintain high prices by market manipulation after a European appeals court ruled that a competition watchdog did not presume it was guilty.
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January 21, 2026
CVS, UnitedHealth, Express Scripts Duck PBM Antitrust Suit
A Missouri federal judge has thrown out a proposed class action accusing the country's three largest pharmacy benefit managers — owned by CVS, UnitedHealth Group and Cigna Group — of inflating prescription costs through their rebating practices.
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January 21, 2026
Epic Games Taps Veteran BigTech GC Amid Antitrust Fights
Veteran technology-industry attorney Reginald "Reggie" Davis, who recently served as Qualia Labs Inc.'s general counsel, has joined Epic Games Inc. as its top in-house attorney, moving to Epic as the Fortnite game-maker is in the midst of wrapping up its years-long antitrust battle against Google and Apple.
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January 21, 2026
Medtronic 'Blocked' Surgical Device Competition, Jury Told
An executive at Applied Medical Resources Corp. on Tuesday told a California federal jury considering antitrust claims against Medtronic Inc. that a surgical device his company introduced a decade ago had great success in Europe but was "blocked" in the U.S. by Medtronic's practice of "bundling" products.
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January 21, 2026
PE Firm Used Jail Threats To Steer Cannabis Deal, Court Told
A private equity firm can't free itself from a contract breach spat between a CBD and hemp product manufacturer and its business partner, as the firm not only interfered with the contract but also threatened to have people thrown in jail if they refused to capitulate, a North Carolina federal court heard Wednesday.
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January 21, 2026
Texas AG Launches Investigation Into Vaccine Incentives
The Texas attorney general launched what it characterized as a sweeping, multi-industry investigation into financial incentives for medical providers to recommend childhood vaccines, saying providers regularly dish out vaccines that "are not proven to be safe or necessary."
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January 21, 2026
5th Circ. Leans Toward Vacating Airline Fees Disclosure Rule
The full Fifth Circuit wanted to know Wednesday why it shouldn't just do away with a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront, saying that the government seemed to be arguing that the court should just vacate the rule.
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January 21, 2026
Midwives Challenge Miss. Practice Limits In Antitrust Suit
The American College of Nurse-Midwives launched a suit seeking to permanently block Mississippi rules requiring certified nurse-midwives to obtain collaboration agreements with physicians, arguing the rules unlawfully restrict competition and exacerbate public health challenges in the state.
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January 21, 2026
BCBS Says Bankrupt Hospital Can't Leave $3B Antitrust Deal
Blue Cross Blue Shield is opposing a bankrupt Alabama hospital's bid to opt out of a $2.8 billion antitrust class action settlement to pursue its own claims in bankruptcy court, arguing the hospital has no excuse for missing the deadline.
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January 21, 2026
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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January 21, 2026
UFC Asks 9th Circ. To Nix 'Overbroad' Discovery In Wage Suits
The Ultimate Fighting Championship urged the Ninth Circuit to immediately stop a Nevada federal court from enforcing a "breathtakingly overbroad" discovery order in wage suppression lawsuits, saying it violates attorney-client privilege and the First Amendment.
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January 21, 2026
Netflix's $83B Warner Bros. Deal Draws DOJ Scrutiny
Warner Bros. Discovery has disclosed that Netflix's proposed $82.7 billion purchase of the entertainment giant is now under an antitrust microscope, after the U.S. Department of Justice kicked off an in-depth probe that keeps the deal from closing for the time being.
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January 21, 2026
Tex-Mex Chain's 'Feeling' Isn't Trade Secret, NC Biz Court Told
A chain of upscale Tex-Mex restaurants in North Carolina failed to specify the trade secrets a former manager is accused of stealing to replicate its dining concept at another restaurant in Missouri, defense counsel told a North Carolina Business Court judge on Wednesday.
Expert Analysis
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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FTC Actions Highlight New Noncompete Enforcement Strategy
Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Patent Claim Lessons From Fed. Circ.'s Teva Decision
The Federal Circuit's recent decision in Janssen v. Teva is an important precedent for parties drafting patent claims or litigating obviousness where the prior art has potentially overlapping ranges for a claimed element, and may be particularly instructive to patent applicants in the pharmaceutical field, say attorneys at Cooley.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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A Changing Playbook For Fighting Records Requests In Del.
The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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FTC, CoStar Cases Against Zillow May Have Broad Impact
Zillow's partnerships with Redfin and Realtor.com have recently triggered dual fronts of legal scrutiny — an antitrust inquiry from the Federal Trade Commission and a mass copyright infringement suit from CoStar — raising complex questions that reach beyond real estate, says Shubha Ghosh at Syracuse University College of Law.
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How 2nd Circ. Cannabis Ruling Upends NY Licensing
A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.