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Competition
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January 07, 2026
Fed. Circ. Faults Lower Court In Parking Patent Case
The Federal Circuit said a new trial is needed to determine if a parking lot management patent is invalid under a rule prohibiting patents for technologies that were used or were on sale for more than a year before a patent application is filed.
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January 07, 2026
Compass' $1.6B Anywhere Buy Goes Unchallenged By Government
Real estate brokerage Compass Inc.'s $1.6 billion acquisition of Anywhere Real Estate Inc. is expected to move forward Wednesday without being scrutinized by the federal government even though congressional lawmakers previously urged the government to do so.
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January 06, 2026
11th Circ. Backs FTC Win In False Ad Suit Against Corpay
The Eleventh Circuit on Tuesday affirmed the U.S. Federal Trade Commission's win in its lawsuit against Corpay Inc., saying in a published opinion that "overwhelming" evidence backed a lower court's finding that the company engaged in deceptive advertising and unfair billing practices when marketing and selling fuel cards.
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January 06, 2026
5th Circ. Pushes FDA On 'De Facto' Vape Marketing Ban
A Fifth Circuit panel seemed leery of the U.S. Food and Drug Administration's claim that it had no de facto ban in place for flavored refillable e-cigarette products, saying Tuesday that denying hundreds of thousands of applications seemed an awful lot like a ban.
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January 06, 2026
Amazon Seeks To 'Hot Tub' MIT Prof's Opinion In Antitrust Suit
Amazon.com Inc. has asked a Seattle federal court for a "hot tub" hearing in a proposed consumer antitrust class action that accuses the e-commerce giant of artificially raising retail prices, saying the novel litigation technique for concurrently questioning parties' experts is needed to vet one expert's change in opinion.
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January 06, 2026
DOJ Wants Time During Door Maker Divestiture Argument
The U.S. Department of Justice is asking to appear at an upcoming Fourth Circuit argument to support a door manufacturer defending the first court-ordered divestiture in a private merger challenge.
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January 06, 2026
Bankrupt Hospital Wants Out Of $3B BCBS Antitrust Deal
A bankrupt Alabama hospital is asking a federal judge to allow it to drop out of a $2.8 billion antitrust class action settlement with Blue Cross Blue Shield, saying it may be forced to shut down unless it can pursue separate relief in bankruptcy court.
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January 06, 2026
Cigna Accused Of Rigging Market For Life-Saving Drugs
Patients with chronic health conditions sued Cigna in an Illinois federal court alleging in a proposed class action Tuesday that the company and its pharmacy and pharmacy benefit manager subsidiaries use exclusive agreements to lock users into a network where Byzantine refill processes have been deliberately erected to limit payouts for life-saving drugs.
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January 06, 2026
FTC Signals Support Of Miss. Bill For Midwives' Solo Practice
A Federal Trade Commission official on Monday encouraged a Mississippi lawmaker to keep in mind the possible motives of opponents of proposed legislation that would exempt midwives from having to contract with physicians to provide advanced-level nursing care.
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January 06, 2026
Envestnet Trade Secrets Suit Cleared For Trial
A Delaware federal judge has cleared the way for a long-running fintech trade secrets case to proceed toward trial, overruling defense objections to spoliation findings and holding that a jury may infer that destroyed electronic evidence would have been unfavorable to Envestnet Inc. and its former subsidiary Yodlee Inc.
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January 06, 2026
NJ Judge Signals Green Light To Revive J&J Unit's Libel Suit
A New Jersey federal judge has indicated she is planning to grant a bankrupt Johnson & Johnson talc subsidiary's bid to revive its trade libel claim over a scientific article linking asbestos in talc to mesothelioma.
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January 06, 2026
Drugmakers Fight Multifront Legal Battles Over GLP-1s
In the wake of U.S. Food and Drug Administration approvals for GLP-1 weight-loss drugs, surging public demand and massive profits have inspired a broad range of drugmaker litigation against competitors, alleged counterfeits and telehealth providers.
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January 06, 2026
Calif. Tribe Rejects Feds' Delay In 40-Acre Land Transfer Fight
A California tribe is asking a D.C. federal court to deny a bid by the U.S. Department of the Interior for an indefinite stay in responding to a challenge to the agency's decision to approve a 40-acre land transfer for a fellow state tribe's casino project.
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January 06, 2026
Google Wants One Complaint From Ad Tech Rivals, Not Six
Google has asked a New York federal judge to tee up a bid to forcibly consolidate half a dozen antitrust lawsuits from rivals accusing Google of hobbling their advertising placement technology businesses, arguing one combined complaint would be more efficient for the lawsuits bearing "substantial similarities."
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January 06, 2026
Distribution Co. Drops Suit Alleging Kraft Stole Database
A distribution company has voluntarily dismissed a suit accusing The Kraft Heinz Co. of stealing confidential information by having one of its executives in the Netherlands download a database in violation of a licensing agreement.
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January 06, 2026
Texas Justices Erase ABA Approval In Bar Admissions
The Texas Supreme Court on Tuesday issued an order ending a longstanding rule requiring graduation from a law school approved by the American Bar Association for admittance to the state bar, with the court giving itself the authority for accreditation.
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January 06, 2026
NASCAR Boss Resigns Weeks After Antitrust Suit Settlement
NASCAR Commissioner Steve Phelps resigned Monday, less than four weeks after the stock car racing organization settled a suit with two teams accusing it of being a monopoly — a suit in which derogatory texts by Phelps were revealed.
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January 06, 2026
Ameritas Says Prior Deal Ends Couple's Annuity Fraud Suit
A retired military officer and his wife cannot proceed with a suit over the sale of unsuitable equity indexed annuities, Ameritas and a former insurance agent said, urging a North Carolina federal court to enforce a settlement agreement and release that resulted from mediation.
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January 06, 2026
FTC Urges DC Circ. To Unblock Media Matters Probe
The Federal Trade Commission told the D.C. Circuit the agency's investigation into left-leaning watchdog Media Matters for America is about potential collusion in the advertising industry, not retaliation for reporting on Nazi content, and said a lower court was wrong to block the probe.
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January 06, 2026
Zillow, Redfin Fight FTC's Bid For More Discovery Time
Zillow Group Inc., Zillow Inc. and Redfin Corp. are urging a Virginia federal court to reject a bid for more discovery time filed by the Federal Trade Commission and multiple states for their combined antitrust suit against the two property listing companies.
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January 05, 2026
Lumen Says Telecom Charged It Tariffs For Toll-Free Calls
Lumen, a trio of telecommunications carriers, filed a federal lawsuit in Colorado on Wednesday against telecom carrier Onvoy LLC alleging the Minnesota-based firm is improperly charging it tariffs on toll-free calls.
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January 05, 2026
3rd Circ. Won't Reconsider Burford German Arbitration Fight
The Third Circuit has denied litigation funder Burford Capital's request that the appeals court revisit its decision dismissing on jurisdictional grounds the funder's bid to arbitrate a dispute relating to German antitrust litigation.
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January 05, 2026
Groups Urge FCC To Deny $6.2B Nexstar-Tegna Merger Deal
Public interest groups, labor organizations and satellite companies are asking the Federal Communications Commission not to grant TV station giant Nexstar's request to approve its $6.2 billion plan to merge with rival Tegna in a deal that would breach the agency's national ownership cap.
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January 05, 2026
Fed. Circ. Examines Timing Of $452M Trade Secrets Suit
A Federal Circuit panel delved into the statute of limitations for trade secrets cases Monday, pressing an attorney for a South Korean company seeking to reverse a verdict that prompted a $452 million jury award to explain why the clock should start when a plaintiff suspects misappropriation rather than when it is actually discovered.
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January 05, 2026
Quince Moves To Toss Williams Sonoma's False Ad Suit
Quince urged a California federal court on Friday to dismiss Williams-Sonoma Inc.'s lawsuit that accuses the online retailer of trying to dupe consumers into believing its goods are the same as Williams Sonoma's products at discounted prices, saying Williams Sonoma's complaint cuts out "key context" regarding Quince's ads.
Expert Analysis
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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.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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And Now A Word From The Panel: Back In Action
A lack of new petitions at the May hearing session of the Judicial Panel on Multidistrict Litigation caught many observers' attention — but a rapid uptick in petitions scheduled to be heard at this week's session illustrates how panel activity always ebbs and flows, says Alan Rothman at Sidley.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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AI Infrastructure Growth Brings Unique IP Considerations
The explosive rise of artificial intelligence has triggered an equally dramatic transformation in the supporting infrastructure required to meet growing AI demand, and the technology used in these data centers has its own intellectual property considerations to navigate, says Vincent Allen at Carstens Allen.
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Legal Ops, Compliance Increasingly Vital To Antitrust Strategy
With deal timelines tightening and disclosure requirements intensifying, legal operations and compliance teams are becoming critical drivers of premerger strategy, cross-functional alignment and regulatory credibility, says Alexander Lima at Wesco International.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Rule 23 Class Certification Matters In Settlements, Too
The U.S. Supreme Court's recent ruling in Trump v. CASA Inc. highlighted requirements for certifying classes for litigation in federal court, but counsel must also understand how Rule 23 of the Federal Rules of Civil Procedure may affect certifying classes for settlement purposes, say attorneys at Sidley.
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Opinion
DOJ's HPE-Juniper Settlement Will Help US Compete
The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.