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Competition
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February 04, 2026
CREXi Fights Bid To Disqualify Quinn Emanuel In CoStar IP Suit
Commercial real estate platform CREXi has urged a California federal judge to let it keep Quinn Emanuel Urquhart & Sullivan LLP as its counsel as it fights CoStar's accusations of copyright infringement, saying CoStar is only now raising conflict of interest concerns to gain a "tactical advantage."
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February 04, 2026
Judge Says $40B Ligado Suit Looks 'Destined' For High Court
Network company Ligado's nearly $40 billion lawsuit accusing the government of wrongly blocking its use of a certain slice of the airwaves seems likely to eventually land in the U.S. Supreme Court, the Federal Circuit's chief judge said Wednesday.
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February 04, 2026
HPE Backs DOJ Bid For Final Merger Deal Approval
Hewlett Packard Enterprise has endorsed the Justice Department's bid for final approval of a controversial settlement permitting the $14 billion purchase of Juniper Networks, telling a California federal judge that Democratic state attorneys general have nothing but "vague and inaccurate accusations" that the deal was improper.
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February 04, 2026
Hartford HealthCare Must Provide Docs On $86M Takeovers
Hartford HealthCare Corp. must hand over internal documents detailing its $86.1 million acquisitions of two hospitals from bankrupt Prospect Medical to a group of plaintiffs who accuse the health system of trying to create a monopoly for inpatient hospital services, a Connecticut state court judge has ruled.
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February 04, 2026
Teva Fights Class Cert. Bid In Effexor Antitrust Case
Teva Pharmaceuticals urged a New Jersey federal judge Wednesday to reject a class certification bid by a group of direct buyers of the antidepressant drug Effexor XR and its generic versions, arguing that the proposed class failed to carry its burden showing that joinder is impracticable.
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February 04, 2026
FTC Defends Case Over Zillow-Redfin Rental Ads Pact
The Federal Trade Commission is defending its antitrust case challenging a partnership between Zillow Group Inc. and Redfin Corp., telling a Virginia federal court the pact is a clear agreement between the companies to not compete for rental housing advertisements.
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February 04, 2026
Keller Williams To Pay $20M To Settle Antitrust Claims
Keller Williams Realty has agreed to pay $20 million to resolve claims that it participated in a decades-long conspiracy to fix real estate broker commissions and inflate home prices, according to a proposed class of homebuyers who are asking an Illinois federal judge to grant preliminary approval to the deal.
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February 04, 2026
Sinclair To Pay $175K For Lost Texts In Price-Fixing MDL
A Chicago federal judge has approved a joint stipulation by which Sinclair Broadcast Group agreed to pay $175,000 after it was sanctioned for failing to preserve text message data from more than 50 company-issued cellphones amid discovery in multidistrict litigation over an alleged unlawful price-fixing scheme.
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February 04, 2026
Fertility Clinic Says Doctors Lured Staff To New Practice
The owners of a Massachusetts fertility clinic say three doctors left to start their own practice and repeatedly violated a non-solicitation agreement to "raid" its staff, according to a complaint filed in state court.
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February 04, 2026
EU Probes Chinese Wind Turbine Co. Over Foreign Subsidies
The European Commission has opened what it is calling an in-depth investigation into a Chinese wind turbine company that may be receiving distortive foreign subsidies.
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February 04, 2026
Express Scripts Makes 'Fundamental Changes' In FTC Deal
Express Scripts on Wednesday agreed to what the Federal Trade Commission called a "landmark settlement" promising major changes to its drug formulary practices, allowing the company to duck out of a case accusing all three of the country's largest pharmacy benefit managers of inflating insulin prices through rebate schemes.
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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.
Expert Analysis
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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.
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Calling The AI Witness In 2026's Merger Reviews
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.
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Series
Knitting Makes Me A Better Lawyer
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.
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Series
The Biz Court Digest: Welcome To Miami
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.
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Identifying And Resolving Conflicts Among Class Members
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.
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AI Evidence Rule Tweaks Encourage Judicial Guardrails
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.
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Train Ticket Class Action Shows Limits Of Competition Law
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.
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Series
The Law Firm Merger Diaries: Getting The Message Across
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.
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Opinion
Horizontal Stare Decisis Should Not Be Casually Discarded
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.
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10 Commandments For Agentic AI Tools In The Legal Industry
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.
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Series
Preaching Makes Me A Better Lawyer
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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And Now A Word From The Panel: A New Rule For MDLs
With a new federal rule of civil procedure dedicated to multidistrict litigation practice taking effect this month, MDL watchers will be keeping on eye on whether the rule effectively serves its purpose of ensuring that only supportable claims proceed in MDLs, says Alan Rothman at Sidley.
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FTC Focus: Amazon's $2.5B Pact Broadens Regulatory Span
Amazon's $2.5 billion deal with the Federal Trade Commission offers takeaways for counsel managing risk across both consumer protection and competition portfolios, including that design strategies once evaluated solely for conversion may now be scrutinized for their competitive effects, say attorneys at Proskauer.