Analysis

More Push In The 'Push-Pull' As DOJ Targets 'Gamesmanship'

By Bryan Koenig

The U.S. Department of Justice continues to build its task force targeting "gamesmanship" that it says BigLaw attorneys for major companies, especially technology platforms, are using to obstruct antitrust investigations — an effort that has been welcomed by some practitioners and questioned by others.

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Analysis

Intel Case Sets Up Justices To Tackle 401(k) Benchmarks

By Kellie Mejdrich

The U.S. Supreme Court's decision to take up a suit challenging target-date fund offerings in two Intel employee 401(k) plans gives benefits attorneys hope that clarity is coming on whether meaningful benchmarks are required to plead that investment underperformance breached fiduciary duties under federal benefits law.

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2nd Circ. Judges Appear At Odds On Arbitration Ban's Reach

By Anne Cullen

Two Second Circuit judges expressed oftentimes conflicting interpretations of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act during a case hearing Friday, engaging in a lengthy debate hinged on what claims the arbitration shield can keep in court.

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Full 9th Circ. Won't Review Google Maps Antitrust Case

By Gina Kim

The full Ninth Circuit won't reconsider an appellate panel's recent decision refusing to revive a proposed antitrust class action alleging Google's terms suppresses competition by locking out rival maps products and jacking up developer costs up to 1,400%, according to a brief order issued Thursday.

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Live Nation Antitrust Judge Wants To 'Punt' On State Claims

By Pete Brush

A federal judge in Manhattan asked Friday whether federal and state authorities accusing Live Nation of stifling competition in live entertainment would consent to staying the state law claims and focus on federal claims in an upcoming trial so it won't end up "lasting five years."

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X Can't Access OpenAI Source Code In Antitrust Suit

By Matthew Perlman

A Texas federal court will not force OpenAI Inc. to hand over its source code in an antitrust case from Elon Musk's X Corp. over the artificial intelligence company's deal to integrate ChatGPT on Apple devices.

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Instacart, DoorDash, Uber Can't Block NYC's Delivery Laws

By Irene Spezzamonte

Two New York federal judges rejected requests by delivery companies Instacart, DoorDash and Uber to halt New York City laws regulating tipping options, minimum wage and disclosure requirements, saying that the companies didn't support their arguments that the laws violate the First Amendment and federal preemption principles.

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Roundup

Calif. Forecast: Court Weighs BlackBerry Discrimination Suit

By Max Kutner

In the coming week, attorneys should watch for a summary judgment hearing in a former BlackBerry Corp. executive's discrimination and harassment suit. Here's a look at that case and other labor and employment matters on deck in California.

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Lawmakers Float Bill To Track Content Used In Training AI

By Elliot Weld

A bill introduced in the U.S. House of Representatives would give musicians, artists, writers and copyright holders the ability to determine if their works were used to train artificial intelligence without their permission.

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DJI Challenges Broad FCC Ban On Sales Of Its Drones

By Corey Rothauser

Drone-maker DJI has petitioned the Federal Communications Commission to reconsider a December decision the company says effectively bars many of its products from being marketed, sold or imported into the U.S., arguing the agency exceeded its authority and violated the company's constitutional rights.

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6th Circ. Won't Revive Bread Financial Investors' Suit

By Emilie Ruscoe

The Sixth Circuit won't resuscitate investor claims against the company now known as Bread Financial Holdings Inc., finding that the suit didn't show how shareholders were misled or defrauded leading up to a corporate spin-off that ended in bankruptcy.

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PTAB Axes Patent Accounting For $92.6M Of Samsung Verdict

By Adam Lidgett

The Patent Trial and Appeal Board has found that Samsung was able to show that a pair of Pictiva OLED patents are invalid, including one patent that accounted for $92.6 million of an infringement verdict against the South Korean electronics giant.

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Chancery Says Daxko Noncompete Is Unenforceable

By Jarek Rutz

The Delaware Chancery Court has recommended dismissing a lawsuit brought by software company Daxko LLC and its parent Diamond Parent LP against a former sales executive, concluding that the sweeping noncompete agreement at the center of the dispute is unenforceable under Delaware law.

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Conservative Org. Contests SEC's Delay Bid In Data Tool Case

By Jessica Corso

The conservative think tank leading the case against the U.S. Securities and Exchange Commission's market oversight tool known as the consolidated audit trail has asked a Texas federal judge not to delay legal proceedings any further while the agency works to change the tool.

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Providers Oppose Credit Bureaus' Medical Debt Appeal

By Mark Payne

A proposed class of medical providers and collection agencies accusing Equifax, Experian and TransUnion of colluding to exclude medical debt under $500 from consumer credit reports is opposing a bid by the credit bureaus to expedite an appeal of a ruling that denied dismissal of the claims.

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Volvo's Faulty Backup Cameras Put Drivers At Risk, Suit Says

By Gina Kim

Volvo drivers filed a proposed class action in New York federal court Thursday alleging that the automotive giant sold more than 400,000 vehicles with defective rearview camera systems that don't operate properly or disappear from the dashboard display while the car is in reverse.

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Brief

Tech Co.'s $750K 401(k) Suit Deal Gets Final OK

By Benjamin Morse

A customer experience tech company will pay $750,000 to end a proposed class action alleging it failed to negotiate lower fees for its workers' 401(k) plan, according to a Colorado federal judge's order approving a settlement.

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Sealing The Deal

How Data, Pies And An FTC Twist Helped Close A $13B Deal

By Al Barbarino

For the Willkie Farr & Gallagher LLP attorneys advising The Interpublic Group of Companies Inc. on its blockbuster merger with Omnicom Group Inc., reaching the finish line came with an unusual antitrust concession: a Federal Trade Commission agreement aimed at the politics of ad placement.

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Roundup

Taxation With Representation: Vinge, A&O Shearman, Cassels

By Zak Kostro

In this week's Taxation With Representation, Swedish private equity company EQT buys U.K. secondaries firm Coller Capital, biopharmaceutical giant GSK PLC acquires Rapt Therapeutics Inc., and fusion energy company General Fusion announces plans to go public by merging with special purpose acquisition company Spring Valley Acquisition Corp. III.

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Latham, Davis Polk Guide Construction Gear Co.'s $747M IPO

By Nate Beck

Construction equipment rental company EquipmentShare began trading Friday after raising $747 million at the midpoint of an expected range in an initial public offering guided by Davis Polk & Wardwell LLP and underwriters counsel Latham & Watkins LLP.

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North American Tech M&A Values Nearly Doubled In 2025

By Al Barbarino

Technology mergers and acquisitions surged in 2025 as buyers chased artificial intelligence capabilities, data infrastructure and cybersecurity assets, with total values nearly doubling in the North American market, according to a recent report from Morrison Foerster LLP.

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Anthology Gets OK For Reorg Plan After Creditor Deal

By Rick Archer

Education technology group Anthology got approval Friday for a revised Chapter 11 reorganization plan that includes a deal with unsecured creditors partially paid for by the settlement of a prepetition suit against a lender.

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Contractor Indicted For Giving National Defense Info To Reporter

By Madeline Lyskawa

A Maryland man accused of unlawfully transmitting and retaining classified national defense information was indicted by a federal grand jury one week after FBI agents seized electronic devices from a Washington Post journalist's home as part of their investigation.

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Feds Seek $35M Forfeiture After Ex-CFO's Crypto Conviction

By Ben Adlin

Government prosecutors urged a Seattle federal judge to impose a $35 million forfeiture judgment on a software startup's former executive following his wire fraud conviction, arguing that Nevin Shetty's quick loss of the money in a cryptocurrency collapse doesn't change the fact that he stole it.

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SEC Accuses Lottery.Com, Execs Of Fraud In SPAC Combo

By Sydney Price

The U.S. Securities and Exchange Commission has sued Lottery.com, several of its executives and the former CEO of a blank check company, alleging they participated in a scheme to enhance the gambling platform's fiscal performance for the financial benefit of the involved insiders.

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Patent Applicants Must Get Biologics Enablement Right

As artificial intelligence increasingly becomes a core driver in drug discovery, it is critical for drug companies to adapt their drafting strategies to the unique features of AI-generated inventions, and to pay particularly close attention to enablement standards, says Sanandan Malhotra at Novo Nordisk.

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5 Compliance Takeaways From FINRA's Oversight Report

The priorities outlined in the Financial Industry Regulatory Authority's recently released annual oversight report focus on the organization's core mission of protecting investors, with AI being the sole new topic area, but financial firms can expect further reforms aimed at efficiency and modernization, say attorneys at Armstrong Teasdale.

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Series

Law School's Missed Lessons: How To Start A Law Firm

Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

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Law Student Recruiting Moves Further Off Campus

By Emma Cueto

About four-fifths of law school summer associate recruiting in 2025 happened through employer-sponsored channels, as opposed to more traditional law school-sponsored channels, with recruiting also happening increasingly early, according to research unveiled Monday by the National Association for Law Placement.

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Fla. Bar Clears Gaetz Despite US House Ethics Report

By Courtney Bublé

The Florida Bar has decided to not discipline former U.S. Rep. Matt Gaetz, R-Fla., who was briefly President Donald Trump's pick for attorney general, despite the House ethics committee's findings that Gaetz regularly paid for sex, including with a minor.

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Texas Law Firm-Linked Plane Crashes In Maine With Fatalities

By Lynn LaRowe

A private plane connected to Texas-based litigation firm Arnold & Itkin LLP overturned and caught fire Sunday night as it attempted to take off from a Maine airport, killing at least six people on board, according to authorities and public records.

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Indiana Judge Was Shot Through Front Door, Cop Says

By Hailey Konnath

An Indiana Superior Court judge and his wife were shot by a man standing on their front porch, through their closed front door, according to an affidavit, which noted that the suspected shooter was connected to a man with pending charges in the judge's courtroom.

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Foley & Lardner Can't Dodge Pro-Palestinian Atty's Bias Suit

By Emily Sawicki

A Chicago federal judge on Monday denied Foley & Lardner LLP's bid for an early win against claims brought by a former summer associate who said discrimination led to the firm's decision to rescind a job offer after she publicly supported Palestinians amid Israel's war with Hamas.

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Minn. Judge Probes Limits Of ICE Enforcement Actions

By Ganesh Setty

A Minnesota federal judge on Monday considered whether to preliminarily block the Trump administration from sending thousands of immigration enforcement officers to the state, questioning if the surge is a coercive federal act in violation of state sovereignty.

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Full 3rd Circ. Passes On Alina Habba DQ Challenge

By Carla Baranauckas

The Third Circuit on Monday declined to reconsider its decision blocking Alina Habba from serving as acting U.S. attorney for New Jersey, denying the Justice Department's petition for rehearing and leaving intact a decision that sharply curtailed the government's use of creative maneuvers to install interim federal prosecutors.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court wrapped up the week with a slate of high-stakes deal challenges, governance rulings and oversight decisions, including an emergency bid to block a $10.9 billion bank merger, a state Supreme Court reversal reshaping stockholder agreement litigation and a major opinion allowing sexual misconduct oversight claims to proceed.

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