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Competition
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January 08, 2026
NYAG Presses Instacart On Algorithmic Pricing Compliance
The New York Attorney General's Office on Thursday sent a letter to Instacart requesting information about the online grocery shopping platform's compliance with a new state law on the use of algorithmic pricing following a report indicating users were being charged different prices for the same products.
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January 08, 2026
FTC Battles Edwards On Eve Of Heart Valve Merger Deadline
The Federal Trade Commission asked a D.C. federal judge for a last-minute extension on an order blocking Edwards Lifesciences' $945 million acquisition of JenaValve Technology Inc., fearing difficulty with unscrambling the egg if the block expires Friday, the judge rejects its merger challenge and the deal closes before the agency can appeal.
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January 08, 2026
Jury Can Hear Claim Over Swimming League's Damages
The jury in the upcoming trial for a professional swimming league's antitrust suit against World Aquatics can hear evidence that the league's own suit contributed to the damages it claims, a California federal judge ruled Thursday.
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January 08, 2026
Comscore Ducks Antitrust But Not Unfairness Claims, For Now
Comscore won a partial reprieve from claims that it undermined a would-be box office data rival, with a California federal judge dismissing federal antitrust claims while preserving accusations of unfair competition, false advertising and business interference.
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January 08, 2026
States Can't Block HPE Integration Amid Deal Review
A California federal court refused Thursday to bar Hewlett Packard Enterprise from further integrating with Juniper Networks while state enforcers raise objections to a U.S. Department of Justice settlement allowing the merger to move ahead.
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January 08, 2026
Virginia Justices Order New Trial In $2B Trade Secrets Case
The Virginia Supreme Court on Thursday upheld a state appellate court decision that vacated Appian Corp.'s $2 billion trade secrets award against software competitor Pegasystems Inc., saying the decision correctly ordered a new trial because errors from the trial judge led to the biggest jury award in Virginia history.
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January 08, 2026
Dentists Look To Fill Holes After Delta Dental Class Cert. Denial
Dentists targeting an alleged $13 billion antitrust scheme by Delta Dental and its members are asking an Illinois federal court for permission to amend their complaint after the court refused to grant their bid for class certification last year.
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January 08, 2026
Organ Procurer Says CMS Rule Will Toss Industry Into Chaos
A North Carolina-based organ procurement organization wants a federal court to toss aside a Centers for Medicare & Medicaid Services rule taking effect this year that will alter how organ procurers are certified, arguing the rule pits them against one another in a "Hunger-Games-style" competition.
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January 08, 2026
Vicor's Patent Defense Faces Skepticism In SynQor Case
Electronics company Vicor's claims that it couldn't have shown "willful blindness" of SynQor's power converter technology patent that a jury said it infringed met with some skepticism from a panel of Federal Circuit judges, who pointed out that Vicor's CEO himself said that he didn't look at the patent.
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January 08, 2026
Vape Companies Say ALJ Was Wrongly Appointed
Vaping product companies NJOY LLC and Altria Group Inc. asked a Virginia federal judge to grant them a win in a suit brought against the U.S. International Trade Commission, saying an administrative law judge was improperly appointed in proceedings seeking to prevent them from importing certain e-vapor products and devices.
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January 08, 2026
Amici Back CoStar's Review Bid For Rival's Antitrust Claims
Technology industry coalition Chamber of Progress and other parties are urging the U.S. Supreme Court to grant commercial real estate information company CoStar's review petition for a Ninth Circuit ruling that revived a business rival's antitrust counterclaims.
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January 08, 2026
CMA Fast-Tracks In-Depth Probe Into Kingsmill, Hovis Deal
The antitrust authority said Thursday that it has agreed to accelerate its formal investigation into the proposed acquisition of British breadmaking company Hovis by Associated British Foods PLC, which already owns Kingsmill, another rival bread brand.
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January 07, 2026
OpenAI Can't Ax Musk's Fraud Claim Over For-Profit Plan
A California federal judge indicated Wednesday that she'll deny OpenAI's bid to toss Elon Musk's claims that the artificial intelligence company duped the billionaire into donating $45 million with false promises of remaining a nonprofit, saying "there's plenty of evidence" to take the claim to a jury.
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January 07, 2026
House Talks Market Share Regarding Netflix-WB Merger
Rapid consolidation in the streaming market was on the minds of members of the House Judiciary Committee's subcommittee on antitrust when they met Wednesday, with Democrats questioning if competition was being threatened and if the president was exerting too much influence on merger reviews.
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January 07, 2026
Warner Bros. Hits Nokia With Antitrust Claims In Patent Case
Warner Bros. has fired back at Nokia's video coding patent suit against it with allegations that the Finnish company has violated antitrust law by running an "unlawful monopolization scheme" on the technology and going back on pledges to license its patents on reasonable terms.
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January 07, 2026
11th Circ. Affirms YouTube Win Over DMCA Safe Harbor
The Eleventh Circuit on Wednesday affirmed a win for YouTube in a dispute with a movie producer, finding that the Digital Millennium Copyright Act does not require YouTube to police its site for infringing clips beyond responding to takedown notices.
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January 07, 2026
NC Judge Warns Of 'Pandora's Box' In Shareholder Row
A North Carolina business court judge Wednesday cautioned counsel for a discharged director of a real estate and insurance company against potentially "opening Pandora's Box" as he argued that his client was targeted by his fellow directors — and family members — due to his age, but can be protected as an employee under state and federal law.
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January 07, 2026
STB Eyes Easier Shipper Access Mandates Across Railways
Showing "anticompetitive conduct" would no longer be a requirement for shippers seeking to force rail carriers to work together to ferry their goods, under a proposed rulemaking Wednesday that the Surface Transportation Board said would shift such petitions back to consideration on a case-by-case basis.
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January 07, 2026
Live Nation Looks To Toss BOTS Act Case
Live Nation and Ticketmaster told a California federal court Tuesday the Federal Trade Commission is trying to use a statute designed to help ticket sellers fight scalping to target operation of the events and the ticketing giant's legitimate resale platform.
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January 07, 2026
Expedia Wants Singapore's Help Getting Docs In Rival's Suit
Expedia asked a Washington federal judge to help it seek assistance from Singapore's court system to get documents from Trip.com, saying the discovery is pertinent in an antitrust case brought by representatives for a defunct Swiss competitor.
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January 07, 2026
FCC Urged To Revisit AT&T-UScellular Spectrum Deal OK
Consumer advocates are teaming up with rural wireless carriers to call for the Federal Communications Commission to reverse its recent approval of a $1 billion deal for AT&T to snap up spectrum held by broken-up UScellular.
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January 07, 2026
Vanderbilt QB's NCAA Fight Gains More Athlete Plaintiffs
Following an antitrust battle that saw Vanderbilt University quarterback Diego Pavia earn an extra year of playing time from the NCAA, more than two dozen athletes are looking to replicate Pavia's success by joining his case in Tennessee federal court.
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January 07, 2026
Warner Bros. Again Tells Shareholders To Nix Paramount Bid
Warner Bros. Discovery on Wednesday implored shareholders to reject Paramount Skydance Corp.'s amended hostile takeover offer, saying the media conglomerate remains committed to the $82.7 billion deal it reached with Netflix in December.
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January 07, 2026
Lewis Brisbois Adds DLA Piper Antitrust Atty As DC Co-Head
Lewis Brisbois Bisgaard & Smith LLP has tapped a veteran antitrust attorney most recently with DLA Piper to help lead its Washington, D.C., office.
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January 07, 2026
DOJ Seeks Nod For HPE Merger Deal Over State Objections
The U.S. Department of Justice has requested court approval for its settlement that would end a challenge of Hewlett Packard Enterprise's acquisition of a networking equipment rival, despite objections raised by state enforcers over allegations of improper lobbying influence.
Expert Analysis
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Pemex Bribery Charges Provide Glimpse Into FCPA Evolution
A recently unsealed indictment against two Mexican nationals for allegedly bribing officials at Pemex, Mexico’s state-owned oil company, reveals that Foreign Corrupt Practices Act enforcement is adapting to new priorities, but still remains active, and compliance programs should continue apace, say attorneys at Crowell & Moring.
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Assessing Potential Ad Tech Remedies Ahead Of Google Trial
The Virginia federal judge tasked with prying open Google’s digital advertising monopoly faces a smorgasbord of potential remedies, all with different implications for competition, government control and consumers' internet experience, but compromises reached in the parallel Google search monopoly litigation may point a way forward, say attorneys at MoloLamken.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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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.