Seeking A Policy Fix As Merger Reporting Fight Continues

A recently announced request by the Federal Trade Commission and U.S. Department of Justice for public comment on the Hart-Scott-Rodino premerger reporting requirements, as litigation challenging the commission's updated requirements continues, suggests the government's willingness to address how best to support modern merger enforcement without unduly burdening filing parties, say attorneys at Baker Botts.

Axed Trade Secret Award Cautions Against Bundling Damages

The Fifth Circuit's recent ruling in Trinseo v. Harper, vacating a $75 million jury verdict for trade secret misappropriation due to a bundled damages model, offers a strong reminder to apportion damages so a jury can award a nonspeculative figure when it credits only some alleged secrets, say attorneys at Seyfarth.

What A Court Doc Audit Reveals About Erroneous Filings

My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

FTC Focus: Growing Emphasis On Competition In AI

The Federal Trade Commission's leadership has continued to highlight that competitive risks in artificial intelligence markets may arise at multiple levels simultaneously, considering not only who controls the resources necessary to build AI systems, but also how those systems function and yield outputs, say attorneys at Proskauer.

Opinion

FTC Case Risks Redefining Price Discrimination

Federal Trade Commission v. Southern Glazer puts a spotlight on the blurry line between illegal price discrimination and ordinary competition, and could potentially set a precedent that puts nearly any manufacturer at risk of Robinson-Patman Act enforcement, says Jeremy Sandford at Econic Partners.

Series

Ultramarathons Make Me A Better Lawyer

Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

Key Takeaways From The 2026 ABA Antitrust Spring Meeting

Last week's American Bar Association Spring Meeting revealed an antitrust landscape defined by heightened friction and tension — between federal and state enforcers, domestic and international regimes, competing political visions, and traditional enforcement tools and novel challenges, say attorneys at Skadden.

Getting The Most Out Of Learning And Development Programs

Excerpt from Practical Guidance

Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

OhioHealth Suit Signals Higher Antitrust Heat On Hospitals

The recent antitrust lawsuit against OhioHealth by the U.S. Justice Department and Ohio attorney general shows that federal and state enforcers are closely examining the competition issues in the healthcare sector, including restrictive contracts and antisteering practices, say attorneys at Freshfields.

Opinion

AI Presents A Make-Or-Break Moment For Outside Counsel

The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

8 Tariff Refund Questions For Restructuring Professionals

For restructuring and turnaround professionals, seeking refunds following the U.S. Supreme Court's recent decision invalidating tariffs imposed under the International Emergency Economic Powers Act raises several questions about how to capture legitimate recoveries while protecting an enterprise from the consequences of its own history, says Jonny Frank and Laura Greenman at StoneTurn, and Andrew Popescu at Province.

Defense Deals Can Trigger Extra HSR Filing With The DOD

Certain aerospace, defense and national security M&A transactions will require a concurrent Hart-Scott-Rodino Act filing to the U.S. Department of Defense, and practice tips for navigating this extra filing include early analysis of competitive implications of sector deals and planning for concurrent filings, say attorneys at White & Case.

When Class Certification Issues And Crypto Nuance Collide

A New York federal court's recent ruling in In re: Tether and Bitfinex highlights that crypto companies should expect courts to apply conventional class action principles to novel digital asset markets, albeit with careful attention paid to the unique features of crypto trading, say attorneys at Duane Morris.

Series

Watching Hallmark Movies Makes Me A Better Lawyer

I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

Nippon Case Illustrates Challenges Of Proving Antitrust Injury

A recent California federal court decision dismissing challenges to Nippon Steel's purchase of U.S. Steel underscores the longtime antitrust precedent that while the limitations of injury are critical for defendants sued under U.S. antitrust laws, showing that the harm is real is the key, says Cameron Regnery at Freeman Mathis.