Competition

  • February 04, 2026

    'Careless Or Disingenuous': Judge Rips CareFirst Rethink Bid

    A Virginia federal judge Wednesday refused to reconsider an order reversing course and throwing out key claims in CareFirst's suit against Johnson & Johnson over the immunosuppressive drug Stelara, calling CareFirst's arguments for doing so "either careless or disingenuous."

  • February 04, 2026

    Medtronic Owes $381M For Antitrust 'War Games,' Jury Told

    An attorney for Applied Medical told a California federal jury Wednesday during closing arguments in an antitrust trial against Medtronic that internal documents from the medical device giant show it played illegal "war games" against his client and should pay up to $381 million. 

  • February 04, 2026

    ​What's Left In VLSI-Intel's $3B Patent Litigation

    Intel and VLSI are set to square off Thursday at the Federal Circuit ​i​n one arm of their high​-stakes fight over semiconductor patents, but questions over the state of $3 billion in verdicts, a potential license, fraud allegations and invalidations are still playing out in other cases. Here's where things stand.​

  • February 04, 2026

    Judge Won't Revive Price Discrimination Suit Against Juul

    An Illinois federal court refused on Wednesday to reconsider a ruling tossing a gas station distributor's lawsuit accusing Juul Labs of giving a rival wholesaler a better deal on e-cigarettes, saying it is still unclear why the distributor removed key allegations from its last complaint.

  • February 04, 2026

    Gov't Pushes For Greystar Antitrust Settlement Approval

    The federal government pushed back against public comments that criticized its proposed antitrust settlement with landlord Greystar Management Services LLC, telling a North Carolina federal court Wednesday to approve the proposed settlement because it does enough to resolve its claims.

  • February 04, 2026

    CREXi Fights Bid To Disqualify Quinn Emanuel In CoStar IP Suit

    Commercial real estate platform CREXi has urged a California federal judge to let it keep Quinn Emanuel Urquhart & Sullivan LLP as its counsel as it fights CoStar's accusations of copyright infringement, saying CoStar is only now raising conflict of interest concerns to gain a "tactical advantage."

  • February 04, 2026

    Judge Says $40B Ligado Suit Looks 'Destined' For High Court

    Network company Ligado's nearly $40 billion lawsuit accusing the government of wrongly blocking its use of a certain slice of the airwaves seems likely to eventually land in the U.S. Supreme Court, the Federal Circuit's chief judge said Wednesday.

  • February 04, 2026

    HPE Backs DOJ Bid For Final Merger Deal Approval

    Hewlett Packard Enterprise has endorsed the Justice Department's bid for final approval of a controversial settlement permitting the $14 billion purchase of Juniper Networks, telling a California federal judge that Democratic state attorneys general have nothing but "vague and inaccurate accusations" that the deal was improper.

  • February 04, 2026

    Hartford HealthCare Must Provide Docs On $86M Takeovers

    Hartford HealthCare Corp. must hand over internal documents detailing its $86.1 million acquisitions of two hospitals from bankrupt Prospect Medical to a group of plaintiffs who accuse the health system of trying to create a monopoly for inpatient hospital services, a Connecticut state court judge has ruled.

  • February 04, 2026

    Teva Fights Class Cert. Bid In Effexor Antitrust Case

    Teva Pharmaceuticals urged a New Jersey federal judge Wednesday to reject a class certification bid by a group of direct buyers of the antidepressant drug Effexor XR and its generic versions, arguing that the proposed class failed to carry its burden showing that joinder is impracticable.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

Expert Analysis

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • Upshot Of 'Skinny Label' Case May Go Beyond Pharma

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    The U.S. Supreme Court's pending review of Hikma v. Amarin, over a drugmaker's "skinny label," carries implications for both generics and brand-name pharmaceutical manufacturers, and could shed light on how inducement doctrine should operate in other regulated industries where products have substantial lawful uses, says Jason Shull at Banner Witcoff.

  • 4 Lessons From FTC's Successful Bid To Block Edwards Deal

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    The Federal Trade Commission's recent victory in blocking Edwards Lifesciences' acquisition of JenaValve offers key insights for deals in life sciences and beyond, including considerations around nonprice dimensions and clear skies provisions, say attorneys at Orrick.

  • Assessing Factors Behind Biosimilar Uptake And Competition

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    As biosimilar uptake remains uneven and questions linger over whether the Biologics Price Competition and Innovation Act can deliver robust competition between biologics and biosimilars, a case study of Humira and its biosimilars illustrates how many factors, including payor reimbursement and formulary strategy, collectively shape competitive dynamics, say analysts at Analysis Group.

  • FTC Focus: Testing Joint Enforcement Over Loyalty Programs

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    The Federal Trade Commission's case against Syngenta can be understood both as a canary for further scrutiny over loyalty-discount practices and a signal of the durability of joint federal-state antitrust enforcement, with key takeaways for practitioners and those subject to regulatory antitrust scrutiny alike, say attorneys at Proskauer.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Ruling Helps Clarify FERC's Post-Jarkesy Enforcement Power

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    A North Carolina federal court's recent ruling in American Efficient v. Federal Energy Regulatory Commission may be a step in providing clarity on FERC's enforcement authority under the Federal Power Act in the wake of the U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy, say attorneys at Sidley.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • Aerospace And Defense Law: Trends To Follow In 2026

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    Some of the key 2026 developments to watch in aerospace and defense contracting law stem from provisions of this year's National Defense Authorization Act, a push to reform procurement, executive orders that announced Trump administration priorities, the upcoming Artemis space mission and continuing efforts to deploy artificial intelligence, say attorneys at Thompson Hine.

  • Aviation Watch: Busy Skies, Tough Market For Airlines In 2026

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    After a turbulent year in the U.S. commercial aviation sector, demand for air travel and premium service shows no signs of slackening in 2026, with airlines facing the need to compete in a saturated market, while seeking opportunities for consolidation and pursuing other avenues to profitability, says Alan Hoffman, a retired attorney and aviation expert.

  • Viewing The Merger Landscape Through An HPE-Juniper Lens

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    If considerations beyond antitrust law were taken into account to determine whether Section 7 of the Clayton Act was violated in the Hewlett Packard Enterprise-Juniper Networks deal, then legal practitioners advocating deal clearance may now have to argue that deals should be justified by considerations not set forth in the merger guidelines, says Matthew Cantor of Shinder Cantor.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • Navigating Trade Secret Exceptions In Noncompete Bans

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    Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

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