Competition

  • June 29, 2026

    3rd Circ. Preview: DuPont Pensions, Detainees' Court Access

    An appeal testing the limits of ERISA fiduciary liability goes before the Third Circuit in July when DuPont and Corteva seek to overturn a district court ruling that a corporate spinoff damaged employees' retirement benefits. The court will also hear argument on whether heavy equipment giant Caterpillar forced a competitor out of business by pressuring a vendor. Here are some highlights from the court's July calendar.

  • June 29, 2026

    The End Of An 'Independent' FTC

    Federal Trade Commission members, responsible for merger review, antitrust enforcement, consumer protection safeguards and rulemaking, and industry analysis, no longer serve at a remove from presidential authority, thanks to Monday's U.S. Supreme Court ruling that could dramatically remake the FTC and other independent agencies.

  • June 29, 2026

    Insulin Makers Can't Nix 340B Antitrust Claims On Remand

    A New York federal judge trimmed proposed class action claims by providers alleging Sanofi-Aventis and other drugmakers colluded to deny them discounts on insulin products under the 340B program, allowing most of their state-law antitrust claims to survive but dismissing their unjust enrichment claims.

  • June 29, 2026

    PBMs Drop Fight To Pause Insulin Case Amid Deal Talks

    Optum, Caremark and Express Scripts on Monday dropped their appeal in a case challenging the constitutionality of the Federal Trade Commission's in-house administrative process, and the pharmacy benefit managers are working to settle the commission's remaining insulin-pricing claims.

  • June 29, 2026

    8th Circ. Backs Tossing Ark. Worker's Pharmacy Network Suit

    The Eighth Circuit on Monday turned down an employee health plan participant's bid to revive a proposed class action alleging CVS Caremark unjustly enriched itself by failing to comply with Arkansas laws on pharmacy network adequacy, holding a lower court didn't err in tossing the dispute.

  • June 29, 2026

    3 Firms Build $752M Sale Of Cardinal Natural Gas Businesses

    Willkie Farr & Gallagher LLP-led independent midstream energy company Cardinal Midstream Partners LLC on Monday revealed that it has agreed to sell its Cardinal Delaware Basin LLC and Cardinal New Mexico LLC to San Mateo Midstream LLC, led by Baker Botts LLP and O'Melveny & Myers LLP, in a $752 million deal.

  • June 29, 2026

    Blur Drummer Fails To Revive £200M Royalties Class Action

    Blur drummer Dave Rowntree failed Monday to revive his collective action over the distribution of £200 million ($265.2 million) in royalties, as the Court of Appeal held he had failed to establish that the royalties "belong" to any particular individual.

  • June 29, 2026

    Australian, Norwegian Silicon Metal Face Final Duty Rates

    Australian and Norwegian silicon metal imported into the U.S. could be hit with countervailing and antidumping duties following U.S. Department of Commerce final determinations Monday.

  • June 29, 2026

    Justices Strike Down Humphrey's Presidential Firing Limits

    The president has unlimited authority to fire members of independent agencies, the U.S. Supreme Court ruled Monday in a major win for President Donald Trump's campaign against officials at the Federal Trade Commission and beyond.

  • June 26, 2026

    Law School Admission Council Can't Escape Fee-Fixing Suit

    A Pennsylvania federal judge on Friday refused to throw out a proposed class action claiming the Law School Admission Council conspired with law schools to fix application prices, giving the parties until late September to wrap up fact discovery and file motions for summary judgment.

  • June 26, 2026

    Elite Schools Must Face Aid-Fixing Trial First, Appeal Later

    Cornell University and certain other elite schools defending against students' accusations that they illegally conspired to fix their financial aid offerings will not be able to challenge an order sending those claims to trial before a jury resolves them first, an Illinois federal judge has ruled.

  • June 26, 2026

    PACER Fees Will Rise To Fund Cyber Defense Upgrades

    The federal judiciary announced Friday it will temporarily increase the fees for electronic access to court records to pay for a potential $800 million upgrade that will modernize and strengthen court records systems PACER and CM/ECF, an upgrade it previously said is needed to respond to escalating cyberattacks.

  • June 26, 2026

    NC Judge Won't Block Ex-Sales Team's Rival Venture, For Now

    An office technology provider can't block a group of former sales representatives from running a rival business, which it claims they're doing by violating their noncompete agreements and using its trade secrets, after a federal judge said he'd wait until both sides can weigh in.

  • June 26, 2026

    Court OKs Antitrust Deal Over Allegheny Health's Expansion

    A Pennsylvania federal judge on Friday signed off on a deal between Allegheny Health Network and the Pennsylvania attorney general's office, putting aside antitrust claims filed over the company's proposed acquisition of a competing Pittsburgh-area hospital system.

  • June 26, 2026

    FCC Tweaks Alaska Rural Deployment Performance Plans

    Following feedback from the telecom industry, the Federal Communications Commission has made a few changes to the performance plans Alaska Connect Fund recipients have to submit outlining how they plan to deploy and maintain their networks.

  • June 26, 2026

    Ex-Cal Basketball Player Sues NCAA Over Age Eligibility Rule

    The National Collegiate Athletic Association was sued in Illinois federal court Thursday by a proposed class of athletes challenging a new policy that restricts players to five years of eligibility with no opportunity for "redshirting" or other eligibility waivers, arguing it imposes "restrictions that arbitrarily and disparately cut short college athletes' ability to compete."

  • June 26, 2026

    EU Probing Sanofi For Disparaging Rival Flu Vaccine

    European enforcers are investigating whether Sanofi used a messaging campaign directed mainly at healthcare professionals in Germany and France to disparage the only rival flu vaccine recommended for vulnerable patients.

  • June 26, 2026

    Athletes Vow To Fight Magistrate Judge's Ruling On NIL Deal

    A California federal magistrate judge has rejected a request from a class of college athletes to exempt multimedia rights companies and third-party brand sponsor deals from a landmark $2.78 billion name, image and likeness settlement with the NCAA, a decision the class said Friday it'll appeal to the district judge overseeing the case.

  • June 26, 2026

    5 ERISA Cases To Keep An Eye On In The Second Half Of 2026

    A U.S. Supreme Court challenge to Intel Corp.'s 401(k) investment lineup tops the list of cases benefits attorneys will be watching this summer and fall, though appeals involving health plan tobacco fees, plan forfeiture spending and a potential Eleventh Circuit precedent shift are also top of mind. Here, Law360 looks at five ERISA cases that attorneys should have on their radar as 2026 rolls on.

  • June 26, 2026

    High Court To Issue Big Decisions In Term's Final Days

    As the U.S. Supreme Court enters the final days of its term, the justices still have several major decisions to issue, including some concerning birthright citizenship, the president's power to remove independent agency officials, transgender athletes and election rules. 

  • June 26, 2026

    4 Attys Leave DOJ To Join Robins Kaplan In Minnesota

    Robins Kaplan LLP announced that it has hired four Minnesota-based former federal prosecutors, responding to clients' increased desire to pursue affirmative strategies to investigate misconduct, recover losses and address complex fraud-related disputes.

  • June 26, 2026

    Trump Reportedly Mulls FCC Attorney For DOJ Antitrust Chief

    President Donald Trump is reportedly preparing to nominate the Federal Communications Commission's general counsel to serve as the top antitrust official in the U.S. Department of Justice.

  • June 26, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Michelle Mone sued by PPE Medpro, Broadfield Law sued by the founders of an international aid company, and litigation funder Fortress bring a claim against Edwin Coe and businesses the law firm represented in a cartel claim.

  • June 25, 2026

    Sandoz Still Can't Escape Generics Claims From GM, Others

    A Pennsylvania federal judge on Thursday declined to rethink her decision forcing Sandoz's Swiss parent company to face generic-drug price-fixing claims from major employers like American Airlines Inc. and General Motors LLC, saying the pharmaceutical company "has no new evidence" backing up its argument that the court lacks personal jurisdiction.

  • June 25, 2026

    Robo-Surgery Co., FTC Urge 9th Circ. To Revive Antitrust Case

    Surgical Instrument Service and the Federal Trade Commission urged the Ninth Circuit on Thursday to revive the company's case accusing Intuitive Surgical of blocking third parties from refurbishing components for its da Vinci surgery robot, saying a lower court erred in requiring the U.S. Supreme Court's Kodak factors to be proven.

Expert Analysis

  • Calif. AG's No-Poach Case Reflects Tougher Antitrust Stance

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    This month, California’s attorney general resolved the latest enforcement action barring the use of no-poach agreements, underscoring an aggressive antitrust enforcement trend with significant increases in criminal and civil penalties, say attorneys at Pillsbury.

  • 2025 Noncompete Developments That Led To Inflection Point

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    Employers must reshape their approaches to noncompete agreements following key 2025 developments, including Delaware's rejection of blue-penciling and the proliferation of state wage thresholds, say attorneys at Gunderson Dettmer.

  • Series

    The Law Firm Merger Diaries: Integrating Practice Groups

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    Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.

  • Opinion

    Supreme Court Term Limits Would Carry Hidden Risk

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    While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • Navigating A Sea Change In Rent Algorithm Regulation

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    The U.S. Department of Justice's proposed settlement of the RealPage lawsuit represents a pivotal moment in the regulation of algorithmic rent-setting, restraining use of these tools amid a growing trend of regulatory limits on use of algorithmic data and methodologies in establishing housing rental prices. say attorneys at Wilson Elser.

  • Calling The AI Witness In 2026's Merger Reviews

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    Organizations that anticipate facing a second request or merger clearance review in 2026 should collect artificial intelligence artifacts as part of discovery, and distinguish between human-generated and machine-generated materials, says Sean McDermott at FTI Consulting.

  • Series

    Knitting Makes Me A Better Lawyer

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    Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.

  • Series

    The Biz Court Digest: Welcome To Miami

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    After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

  • Identifying And Resolving Conflicts Among Class Members

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    As the Fifth Circuit's recent decision in Nova Scotia Health Employees' Pension Plan v. McDermott International illustrates, intraclass conflicts can determine the fate of a class action — and such conflicts can be surprisingly difficult to identify, says Andrew Faisman, a clerk at the U.S. District Court for the Southern District of New York.

  • AI Evidence Rule Tweaks Encourage Judicial Guardrails

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    Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

  • Train Ticket Class Action Shows Limits Of Competition Law

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    The Competition Appeal Tribunal's recent judgment in Gutmann v. London & Southeastern Railway, Govia Thameslink Railway and First MTR South Western Trains Ltd. restates the important principle that a high bar is required to demonstrate an abuse of dominance, providing welcome clarification for consumer-facing businesses that competition law is not intended to serve as a general vehicle for consumer protection, say lawyers at Freshfields.

  • Series

    The Law Firm Merger Diaries: Getting The Message Across

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    Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

  • Opinion

    Horizontal Stare Decisis Should Not Be Casually Discarded

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    Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

  • 10 Commandments For Agentic AI Tools In The Legal Industry

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    Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

  • Series

    Preaching Makes Me A Better Lawyer

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    Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.

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