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Competition
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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.
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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.
Expert Analysis
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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The Int'l Compliance View: Everything Everywhere All At Once
Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.
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Unpacking Notable Details From FTC's 'AI Washing' Cases
The Federal Trade Commission has brought many cases involving allegedly deceptive artificial intelligence claims over the past couple of years, illustrating overlooked aspects of AI washing generally and a few new types of AI marketing claims that may line up in regulatory crosshairs down the road, says Michael Atleson at DLA Piper.
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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.