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Competition
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February 03, 2026
XAI Fights Uphill To Keep Alive OpenAI IP Theft Suit
Elon Musk's xAI urged a California federal judge Tuesday to change her tentative decision to toss its suit accusing OpenAI of poaching its workers to steal trade secrets, arguing that when considered together, the "whole gestalt" of xAI's allegations against individual employees is enough to state viable claims against OpenAI.
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February 03, 2026
En Banc 5th Circ. Wipes Out Airline Fees Disclosure Rule
The full Fifth Circuit on Tuesday vacated a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront, this time holding that the U.S. Department of Transportation's failure to properly consider public comments warrants doing away with the rule altogether.
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February 03, 2026
DOJ, AGs Lodge Cross-Appeal Over Google Search Remedies
The U.S. Department of Justice and state enforcers on Tuesday launched an appeal of a D.C. federal judge's scaled-back remedies in their case targeting Google's search monopoly, after the tech giant filed its own appeal to knock out the penalties.
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February 03, 2026
NFL Fans' Antitrust Suit Over Bluesky Fumbles, Judge Rules
A New York federal judge on Tuesday dismissed an antitrust suit two football fans lodged against the NFL, saying they failed to allege they were injured by a league policy barring teams from posting on the social media platform Bluesky.
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February 03, 2026
Boston IP Firm Sees Malpractice Claims Revived By 1st Circ.
The First Circuit has revived legal malpractice claims from a Colorado tech company that alleged it was betrayed when its lawyers at a Boston intellectual property law firm filed patents for another client, finding that a lower court's ruling that the claims were time-barred assumed the three-person company comprised exclusively of engineers had an understanding of tricky legal concepts.
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February 03, 2026
Calif. Cardholders Ask 2nd Circ. To Revive Swipe Fee Suit
California cardholders accusing Visa, Mastercard and other major banks of conspiring to fix interchange fees have asked the Second Circuit to revive their claims after a district court judge denied their motion for reconsideration in a long-running multidistrict litigation.
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February 03, 2026
Medtronic's Bundling Isn't Anticompetitive, Prof Tells Jury
A University of Chicago economics professor testified Tuesday in a California federal trial over antitrust claims against Medtronic, saying its practice of bundling its advanced bipolar devices for sales with other products isn't anticompetitive but is actually a very common American practice used by the likes of McDonald's and Costco.
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February 03, 2026
5-Hour Energy Maker Tells 9th Circ. Not To Revive Pricing Suit
The maker of 5-Hour Energy has urged the Ninth Circuit not to revisit a lower court ruling tossing claims from family-owned wholesalers that the energy drink company violated price discrimination law by providing Costco with disproportionate promotional support.
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February 03, 2026
Netflix, Warner Bros. CEOs Defend Merger Before Congress
In a congressional hearing Tuesday, the CEO of Netflix distanced himself from any notion President Donald Trump has undue influence in the review process of the streaming company's proposed $82.7 billion acquisition of Warner Bros., despite the president's assertion that he will be "involved" with the merger review.
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February 03, 2026
FCC Says 8th Circ. Media Ruling Clears Path For Deals
The Federal Communications Commission made it clear Tuesday that broadcasters have more leeway to own two leading stations in a local market following the Eighth Circuit's toss last year of the agency's long-standing bar on owning more than one major network affiliate in a single market.
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February 03, 2026
5th Circ. Unsure Child Online Safety Law Tramples Speech
A Fifth Circuit panel appeared skeptical Tuesday of a tech media trade group's stance that a Mississippi internet safety law is unconstitutional, suggesting that the challenged statute may not implicate speech.
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February 03, 2026
Tobacco Co. Says 'Time Bubble' Robbed It Of Fair TM Trial
BBK Tobacco & Foods LLP is asking an Arizona federal court for a new trial on its trademark infringement claims against Central Coast Agriculture Inc., saying the court wrongly created a "time bubble" that excluded all evidence from May 2021 on.
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February 03, 2026
Novartis, Sandoz Face New Generic-Drug Price-Fixing Suit
Adding to sprawling antitrust litigation against pharmaceutical giants, 42 states and territories sued Novartis AG, Sandoz AG and other drug companies in Connecticut federal court Monday, alleging that the companies colluded for years to fix prices and control markets for generic drugs.
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February 03, 2026
RealPage, Landlords Must Face Ky. AG's Antitrust Case
A Kentucky federal court refused to toss an antitrust case from the state attorney general's office accusing RealPage Inc. and several landlords of inflating rental rates through use of the software company's revenue management system.
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February 03, 2026
Zillow, Redfin Oppose Pausing FTC Case For Shutdown
Zillow and Redfin are fighting an attempt by the Federal Trade Commission and multiple states to pause consolidated antitrust claims against the property listing companies, arguing in Virginia federal court that the recent partial federal government shutdown doesn't justify staying litigation.
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February 03, 2026
Haynes Boone Adds Ex-SDNY Atty From Winston & Strawn
Haynes Boone LLP announced Tuesday that it has hired a former Southern District of New York prosecutor from Winston & Strawn LLP to promote the growth of its white collar and investigations practice.
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February 03, 2026
2nd Circ. Skeptical Anesthesia Group Suffered Antitrust Harm
A Second Circuit panel seemed poised Tuesday to find that an anesthesiology practice didn't suffer an antitrust injury in its claim that a United Healthcare unit used its market power in New York to cut reimbursement rates.
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February 03, 2026
1st Circ. Pushes For Settlement In Mass. 'Right-To-Repair' Suit
The First Circuit suggested Tuesday that major automakers and the Massachusetts Attorney General's Office should work together to resolve a suit over compliance with a state law requiring open access to vehicle telematics systems.
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February 03, 2026
Squire Patton Hires Sheppard Mullin, Miller & Chevalier Attys
Squire Patton Boggs LLP has hired a corporate attorney and an antitrust litigator from Sheppard Mullin Richter & Hampton LLP and Miller & Chevalier Chtd., respectively, who are joining the firm as partners in Washington, D.C., according to two Tuesday announcements.
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February 03, 2026
Hoka Sneaker Maker Fights To Quash Price Fixing Ruling
The maker of Hoka running shoes on Tuesday asked a London appeals court to overturn a ruling that it engaged in indirect price fixing by blocking a British retailer from selling through an online discount store.
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February 02, 2026
'Doesn't Make Sense': DOJ Irks Judge In Merger Fight With AGs
A California federal judge said Monday that the U.S. Department of Justice must hand over certain discovery materials to Democratic attorneys general challenging the DOJ's controversial settlement greenlighting the $14 billion merger of Hewlett Packard Enterprise and Juniper Networks, telling the DOJ that its argument that discussions of alternative remedies are shielded from discovery "doesn't make sense."
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February 02, 2026
Exxon Sued For 'Rockefeller-Style' Ammonia Market Maneuver
Exxon Mobil Corp. was hit with antitrust claims on Monday accusing it of leveraging control over the Gulf Coast's only operating carbon dioxide pipeline to gain dominance in the blue ammonia market.
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February 02, 2026
Netflix Slams HBO Max User's Challenge To Warner Bros. Deal
Netflix argued that an HBO Max subscriber lacks standing to challenge its plan to buy Warner Bros. Discovery, telling a California federal judge Friday that the subscriber doesn't show how the merger would injure her, as she's never subscribed to Netflix and doesn't say she plans to.
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February 02, 2026
ESPN Says Dish Can't Duck Sling Day Pass Claims
ESPN urged a New York federal judge not to let Dish Network duck breach of contract allegations challenging Dish's short-term Sling TV passes, arguing that the license for its sports content clearly requires subscriptions and not passes for as short as a single day.
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February 02, 2026
Modelo, Constellation Seek Permanent Ban On Fake Beers
Constellation Brands, the exclusive licensee of Modelo's beer brands in the U.S., has asked a Texas federal judge for a permanent injunction against a beer distributor accused of importing and selling counterfeit beers that use labels that copy major Mexican beer brands.
Expert Analysis
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A 6th Circ. Snapshot: 3 Cases That Defined 2025
With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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Changes In Crypto, Cybersecurity Defined NY Banking In 2025
The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.
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M&A Midmarket Shows Resilience Amid 2025 Challenges
Midmarket mergers and acquisitions showed a slight decline in volume but climbed in value for much of 2025, particularly in the private equity space, indicating that the middle market M&A environment is cautious but steady heading into 2026, say attorneys at Stoel Rives.
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Del. Dispatch: Key 2025 Corporate Cases And Trends To Know
The Delaware corporate legal landscape saw notable changes in 2025, spurred by amendments to the Delaware General Corporation Law, ubiquitous artificial intelligence fervor, boardroom discussion around DExit, record shareholder activism activity and an arguably more expansive view of potential Caremark liability, say attorneys at Fried Frank.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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How Cos. Can Roll With NY's New Algorithmic Pricing Rules
Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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Netflix Caps 2025 M&A Deals That Will Test Antitrust Strategy
The 2025 media consolidation trend culminated in Netflix's $82.7 billion Warner Bros. Discovery announcement, but the Antitrust Division of the U.S. Department of Justice is likely to question whether remedies short of blocking the deal could credibly preserve competition, says Brian Pandya at Duane Morris.
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Calif. AG's No-Poach Case Reflects Tougher Antitrust Stance
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.
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2025 Noncompete Developments That Led To Inflection Point
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.
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
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.
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Opinion
Supreme Court Term Limits Would Carry Hidden Risk
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.
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Navigating A Sea Change In Rent Algorithm Regulation
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.