Competition

  • September 15, 2026

    Justices Urged To Skip 3rd Circ. Arbitration Question

    A German claims aggregator on Monday pressed the U.S. Supreme Court to decline to review a Third Circuit decision dismissing on jurisdictional grounds a bid by litigation funder Burford Capital to arbitrate a dispute relating to German antitrust litigation.

  • September 15, 2026

    Takeda Can't Decertify Amitiza Class After $885M Jury Loss

    A Massachusetts federal court refused Takeda's request to decertify a class of Amitiza buyers, after a jury awarded groups of purchasers a total of $885 million for claims that the drugmaker conspired to delay the launch of a rival generic version of the anti-constipation drug.

  • September 15, 2026

    Fed. Circ. Keeps Samsung, Apple Wins Over Alt Browser IP

    The Federal Circuit on Tuesday issued a one-word order backing Patent Trial and Appeal Board decisions that invalidated claims in patents covering ways to access the internet without a browser, declining to take on the patent owner's challenge to the board's obviousness determinations.

  • September 15, 2026

    UMG Says DistroKid Is Copyright-Infringing 'AI-Slop Pipeline'

    UMG Recordings sued music distributor DistroKid in Delaware federal court Tuesday, calling it an "AI-slop pipeline" that uses copyright infringement and deceptive practices to flood popular streaming platforms with mass-generated artificial intelligence content.

  • September 15, 2026

    Justices Asked To Resolve Cannabis Dormant Commerce Split

    A California litigator's campaign of lawsuits alleging that state and local cannabis regulatory regimes violate the U.S. Constitution's dormant commerce clause has culminated in a petition for a writ of certiorari which appeared on the U.S. Supreme Court's docket Tuesday.

  • September 15, 2026

    FTC Chair Wary Of AI's Dual Push For Regs, Antitrust Shield

    Federal Trade Commission Chair Andrew Ferguson cast doubt Tuesday on the sincerity of artificial intelligence companies asking Washington for more safety regulations even as they seek antitrust exemptions so they can agree to AI development limits.

  • September 15, 2026

    Ashurst Perkins Coie Adds Veteran DOJ Antitrust Leader

    A 22-year veteran of the U.S. Department of Justice's Antitrust Division who most recently served as assistant chief of the Technology and Digital Platforms section has joined Ashurst Perkins Coie.

  • September 15, 2026

    1st Circ. Presses Amex On Merchant Arbitration Rule Change

    A First Circuit panel on Tuesday pushed back on assertions by American Express that unilateral changes to the terms of its merchant agreement did not invalidate it, as a lower court found last year in denying the card issuer's motion to compel arbitration in a dispute over anti-steering rules.

  • September 15, 2026

    CMA Raises Concerns Over Retail Co-Op Deal

    Britain's antitrust authority said Tuesday that the completed merger of two retail co-operatives could harm competition in the supply of groceries and funeral services in the U.K.

  • September 15, 2026

    Simpson Thacher Hires McGuireWoods, Ex-DOJ Antitrust Atty

    Simpson Thacher & Bartlett LLP has hired a former McGuireWoods LLP partner who previously spent over 10 years with the U.S. Department of Justice working on antitrust matters involving price fixing and bid rigging.

  • September 15, 2026

    Google's £260M App-Fee Deal Pitched As Fair For Developers

    A law professor urged the Competition Appeal Tribunal on Tuesday to approve Google's proposed £260 million ($350 million) settlement of a claim over its app store commissions, arguing that it gives U.K. developers a fair and practical route to compensation.

  • September 15, 2026

    CMA Seeks Views On Outsourcer's £3.1B Deal For Mitie

    The antitrust watchdog said Tuesday that it is calling for responses on how the planned £3.1 billion ($4.2 billion) acquisition by outsourcing giant OCS of rival Mitie Group PLC could harm competition in Britain.

  • September 14, 2026

    Nektar 'Desperate' To Develop Rezpeg, Lilly Exec Tells Jury

    An Eli Lilly executive told a California federal jury on Monday in Nektar's $1 billion breach of contract suit against the pharma giant that his handwritten note from a meeting with Eli Lilly's CEO about Nektar being "desperate" was about the struggling company's need for its autoimmune-disease drug Rezpeg to succeed.

  • September 14, 2026

    Apple Urges High Court To Nix App Store Contempt Order

    Apple urged the U.S. Supreme Court on Monday to overturn a Ninth Circuit ruling that upheld a civil contempt order stemming from its decision to charge commissions to developers' transactions that steer users to cheaper outside payment methods to make purchases, saying it shouldn't be punished for violating the "spirit" of an injunction.

  • September 14, 2026

    Cumulus Tells 2nd Circ. Even Brief Stay Of Nielsen Order Is Bad

    Cumulus Media says it's going to be irreparably harmed if the Second Circuit doesn't lift the administrative stay it put in place stopping a preliminary injunction that Nielsen is challenging for the second time from going into effect while the appellate court looks at the matter.

  • September 14, 2026

    FTC's Meador Wants To Reassert Standalone Authority

    The Federal Trade Commission's Mark Meador on Monday sketched out an ambitious vision for the agency to use its unilateral authority to combat unfair methods of competition, despite rarely being invoked over the decades.

  • September 14, 2026

    Paramount Says Warner Bros. Deal Is Good For Competition

    Paramount has told a California federal court its planned $110 billion acquisition of Warner Bros. Discovery will be good for competition, arguing that challenges of the deal from state enforcers and the Writers Guild of America are misguided.

  • September 14, 2026

    SpaceXAI Drops Apple In Antitrust Claims For OpenAI Deal

    SpaceXAI on Monday dropped its claims that Apple breached antitrust laws by signing a deal with OpenAI to integrate ChatGPT into the iPhone but kept its claims against OpenAI Foundation intact.

  • September 14, 2026

    Jushi Opposes Pot Shop's Summary Bid On Antitrust Claims

    Cannabis giant Jushi Holdings and others are asking a federal court to toss a lawsuit alleging they made a $10 million deal to keep a rival out of town, arguing they did not participate in anticompetitive behavior and that the small, underfunded shop was never going to open regardless of anything they did.

  • September 14, 2026

    Eli Lilly's $200M Fraud Suit Is Still Defective, Church Cos. Say

    Companies affiliated with the Church of God in Christ urged a Florida federal judge to dismiss Eli Lilly's amended lawsuit alleging a $200 million-plus fraud scheme to resell the Trulicity diabetes drug on the secondary market, saying the latest complaint still lacks specificity despite including more claims. 

  • September 14, 2026

    FTC's View Of Construction Adhesives Market Won The Day

    A New York federal court found the Federal Trade Commission was right to focus on the retail market for various types of construction adhesives when asking to block Loctite-maker Henkel's planned $725 million acquisition of Liquid Nails, in an opinion made public Friday.

  • September 14, 2026

    Senators Draw Battle Lines Over Sweeping College Sports Bill

    U.S. senators on Monday made public statements on their positions either for or against a bill aimed at comprehensively regulating college sports, forecasting a bitter fight over the bill's passage in the upper chamber.

  • September 14, 2026

    Ex-Perrigo VP Escapes Some Price-Fixing Claims From AGs

    A Connecticut federal judge has tossed most of the claims against a former Perrigo executive in sprawling generic-drug price-fixing litigation brought by state enforcers, holding there is insufficient evidence he entered into antitrust conspiracies related to more than a dozen dermatological drugs, but teeing up a handful of other claims for trial.

  • September 14, 2026

    NCAA Asks 10th Circ. To Reverse Athlete Eligibility Ruling

    The NCAA has urged the Tenth Circuit to overturn a Colorado federal judge's ruling that could let thousands of college athletes who had exhausted their eligibility compete for another season, arguing the judge wrongly found they were likely to prove that excluding them from the league's newly expanded eligibility rules violates federal antitrust law.

  • September 14, 2026

    NextEra, Dominion Offer $1B Va. Plan Ahead Of $67B Merger

    NextEra Energy and Dominion Energy on Monday unveiled a benefits package aimed at winning support for their $67 billion proposed merger, including up to $1 billion in annual spending with Virginia suppliers for five years.

Expert Analysis

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • As Quantum Computing Evolves, So Do Antitrust Risks

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    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Tracking The Rare 'Quick Look' Win In FTC's Zillow-Redfin Suit

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    The Federal Trade Commission’s suit claiming that Zillow illegally paid Redfin to exit the apartment rental market is one to watch because its early success under the less rigorous “quick look” standard of antitrust review could turn into a rare case won under the doctrine, say attorneys at Axinn.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • California Antitrust Bill Raises New Risks For Dealmakers

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    A pending California bill would turn the state attorney general's office into a more powerful antitrust enforcer, introducing a host of implications for dealmakers beyond whether deals close, such as deal certainty and risk allocation, say attorneys at Baker Botts.

  • Colorado's New Chatbot Law May Be Defined By Its Carveouts

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    What makes Colorado's conversational artificial intelligence service law worth close attention is what it leaves out, so a thorough scoping analysis may be as important as compliance planning for companies that develop, license or deploy conversational AI, say attorneys at Eversheds Sutherland.

  • 'Honeypot' Suit Spotlights Nuances Of Trade Secret Law

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    Fintech company MyCard's recent complaint filed in Delaware federal court, alleging that competitor Atomic FI copied its proprietary software, including a "honeypot" in the form of a specific 37-character string, highlights fact-intensive questions of when alleged trade secrets are actually secret, says Eugene Mar at Farella Braun.

  • FTC Focus: Calibrating Biden-Era Issues In 2026's 1st Half

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    In the first half of 2026, Federal Trade Commission actions have redefined which of the previous administration's theories it views as legally sustainable, institutionally worthwhile and consistent with a more restrained conception, including a pivot from rulemaking to case-specific noncompete enforcement this spring, say attorneys at Proskauer.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

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