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Competition
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January 12, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court closed out the week with developments ranging from leadership changes in a $13 billion take-private case and posttrial sparring over a major earnout to fresh governance fights, revived fraud claims and sanctions tied to advancement rights.
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January 12, 2026
UK Developers To Face Class Action For Inflating Home Prices
A group of the U.K.'s largest house builders are set to face a class action case over allegations that they swapped sensitive information and drove up the prices of newly built homes.
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January 12, 2026
How AI Is Causing Real Copyright Uncertainty
As artificial intelligence is used increasingly to generate images, sounds, software and other products, attorneys say they are left navigating an uncertain landscape when it comes to securing copyright protections for AI-assisted outputs, with few signs of clarity on the horizon.
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January 12, 2026
Justices Sign Off On Dismissal Of FIFA Bribery Cases
The U.S. Supreme Court on Monday erased criminal bribery convictions against a former media executive and an Argentine sports marketing company stemming from the FIFA corruption probe, following through on federal prosecutors' surprising decision to abandon the cases last month.
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January 12, 2026
Justices Seek SG's View In Military Shipbuilders' Wage Row
The U.S. Supreme Court on Monday asked the solicitor general to weigh in on a petition filed by U.S. military shipbuilders challenging a proposed class action accusing them of suppressing naval architects' wages through a no-poach "gentlemen's agreement."
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January 12, 2026
Justices Want SG Input On Arthritis Drug Competition Fight
The U.S. Supreme Court on Monday asked the Trump administration to weigh in on whether state unfair competition claims should be used to block a competitor from selling compounded versions of drugs in certain states.
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January 12, 2026
Justices Won't Hear Duke Energy Monopoly Suit
The U.S. Supreme Court refused Monday to review a ruling that revived antitrust claims from NTE Energy Services accusing Duke Energy of squeezing it out of the power market in North Carolina.
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January 09, 2026
Ex-DOJ Civil Antitrust Head Joins WilmerHale
WilmerHale announced Monday it hired Ryan Danks, who until last month had headed up the U.S. Department of Justice Antitrust Division's civil enforcement program, as a new partner.
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January 09, 2026
Mylan, Aurobindo Must Face Generic Drug Price-Fixing Claims
A Connecticut federal judge on Friday refused to hand a quick win to Mylan Pharmaceuticals and Aurobindo Pharma USA in sprawling antitrust litigation against 26 total pharmaceutical companies, ruling that a coalition of states has enough evidence to raise a genuine dispute about whether the companies conspired to fix drug prices.
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January 09, 2026
Fed. Circ. Doubts Trade Secret Was Properly Spelled Out
The Federal Circuit spent part of its Friday morning mulling whether it is the court's job to, in the words of the judge who killed the trade secrets claims brought by a MasterCard unit against two McKinsey consultants, "do APT's job for it by mining its trade secrets from the raw materials."
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January 09, 2026
State Looks To Nix RealPage Case Over NY Rental Pricing Law
The New York attorney general's office urged a federal court Friday to toss a case from property management software company RealPage Inc. challenging a new state law that prohibits building owners from using software to collude on residential rental rates.
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January 09, 2026
Nielsen's 'Coercive' National-Local Data Tying Blocked
A New York federal judge preliminarily blocked Nielsen from conditioning full access to its nationwide radio data on also buying local data because that policy is more than just discounted bundling, according to a ruling unsealed Thursday.
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January 09, 2026
X Strikes Back At Music Publishers With Antitrust Suit
X Corp. accused the National Music Publishers' Association and the largest music publishers in the United States of an anticompetitive conspiracy, alleging in a suit filed Friday that the industry's top players colluded against the social media company in an "extortionate campaign" over copyrighted music licenses.
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January 09, 2026
Veterinary Group Says DOJ Accreditation Points Irrelevant
The American Veterinary Medical Association has told a Tennessee federal court that the government's concerns about professional groups are irrelevant to a veterinary school's antitrust case challenging the association's accreditation requirements.
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January 09, 2026
Judge Denies 'Fatally Untimely' Bid For New Poaching Trial
A Boston federal judge has denied what she called a "fatally untimely" motion for a new trial after a jury handed Cynosure LLC a $25 million verdict against two former employees who the company said caused other employees to breach their noncompete and nonsolicitation agreements.
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January 09, 2026
Judge Blocks Edwards' $945M Heart Valve Deal
A D.C. federal judge issued an order on Friday preventing Edwards Lifesciences Corp. from moving ahead with its planned $945 million deal for JenaValve Technology Inc., torpedoing the merger challenged by the Federal Trade Commission.
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January 09, 2026
Ex-Prosecutor OK For Drug Pricing MDL, Special Master Says
Former Connecticut Assistant Attorney General Joseph Nielsen and his law firm, Lowey Dannenberg PC, should not be disqualified from representing insurers in multidistrict litigation over generic drug price-fixing because he did not have any special knowledge that the states suing drugmakers hadn't already shared with the private plaintiffs, according to a special master's report and recommendation.
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January 09, 2026
Couple Fights To Send Annuity Fraud Case To State Court
A retired U.S. Navy veteran and his wife, who are accusing Ameritas Mutual Holding Co. and Ameritas Life Insurance Company Inc. of orchestrating a fraudulent investment scheme based on the sale of unsuitable equity-indexed annuities, urged a North Carolina federal court to send the case back to state court.
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January 09, 2026
4th Circ. Asks If NCAA's W.Va. Eligibility Appeal Is Now Moot
The NCAA and four West Virginia University football players have until Jan. 21 to tell the Fourth Circuit whether the collegiate athletic association's appeal of an injunction making the players eligible this season is moot, now that the season is over.
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January 09, 2026
EU Clarifies Foreign Subsidies Regulation Guidelines
The European Commission released an updated version of its foreign subsidies regulations to clarify how it determines competition distortions caused by such subsidies, among other aspects of the guidelines.
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January 09, 2026
NC Biz Court Bulletin: Trade Secrets Row, A Patient Data Deal
The North Carolina Business Court closed out the year by tossing a trade secrets fight brought by a corrugated packing manufacturer against its onetime star salesman and signing off on a $2.45 million settlement ending claims a healthcare system sold patients' data to Meta.
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January 09, 2026
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a collapsed investment firm revive a $15 million dispute with a hedge fund, major Hollywood studios bring an IP claim against the U.K.'s largest internet providers over illegal streaming, and the Department of Health and Social Care sue the law firm and barrister representing it in a pharma competition damages case.
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January 08, 2026
9th Circ. Vacates Seagate Loss In Hard Drive Price-Fixing Case
The Ninth Circuit on Thursday resurrected a number of Seagate Technologies' antitrust claims against Japanese manufacturer NHK Spring in a fight over hard drive components, finding that U.S. antitrust laws could indeed apply to the alleged conspiracy in this case even though foreign entities executed transactions abroad.
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January 08, 2026
Walgreens Gets $392K Sanction Against Blue Cross Insurers
A Chicago federal judge on Thursday ordered a host of Blue Cross Blue Shield insurers to pay Walgreens more than $392,000 in attorney fees and expenses for discovery misconduct in their suit that accuses the drugstore company of fraudulently overcharging for prescription drugs.
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January 08, 2026
Apple Beats Antitrust Suit Over Heart Rate Data At 9th Circ.
A Ninth Circuit panel affirmed Apple's win Thursday against startup AliveCor Inc.'s antitrust claims alleging it illegally blocked third-party access to Apple Watch medical data to create rival software, finding that Apple has no "duty to deal" with AliveCor and therefore the startup's claims fail as a matter of law.
Expert Analysis
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A New IP Game Plan For College Football Players
For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Opinion
Sometimes Int'l Competition Should Trump Antitrust Concerns
The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Opinion
8th Circ. Should Reaffirm False Commercial Speech's Nature
The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.
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How Big Pharma Has Responded To FTC Delisting Demands
Looking at some statistics concerning how pharmaceutical companies have responded to the Federal Trade Commission's recent challenges to Orange Book listings raises several possible hypotheses about the FTC's strategy and effectiveness, say Ratib Ali and Celia Lu at Competition Dynamics.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.