Competition

  • January 28, 2026

    Longtime DOJ Antitrust Litigator Joins Duane Morris

    A veteran antitrust litigator at the U.S. Department of Justice left the federal government to join Duane Morris LLP as a partner, the firm has announced.

  • January 28, 2026

    Fed. Circ. Won't Revive MasterCard Trade Secret Claims

    The Federal Circuit declined to revive trade secret theft claims Wednesday brought by a MasterCard unit against two former McKinsey consultants, agreeing with a lower court that the company had failed to identify the alleged trade secrets with enough specificity.

  • January 28, 2026

    Company Seeks Damages Despite Invalid Noncompetes

    The Delaware Supreme Court on Wednesday probed how far employers can go in enforcing noncompete and nonsolicitation clauses tied to lucrative equity awards, pressing both sides in a dispute between Fortiline Inc. and Patriot Supply Holdings Inc. and a group of former executives on whether companies should be able to recover damages for alleged breaches even when lower courts have found the underlying restraints unenforceable.

  • January 28, 2026

    NJ Atty Calls Fla. Bar's High Fees Unconstitutional

    A New Jersey lawyer urged the Eleventh Circuit on Wednesday to revive his suit accusing the Florida Board of Bar Examiners of violating the dormant commerce clause by charging out-of-state attorneys disproportionately high fees to sit for the Florida bar exam.

  • January 28, 2026

    Generics Makers Want Hospital Drug Data In Price-Fixing MDL

    A group of 150 hospitals suing generic-drug makers for alleged price fixing in multidistrict litigation should hand over data on their drug purchases, the drugmakers have told a Pennsylvania federal court, arguing they don't sell directly to the hospitals and therefore have no records themselves. 

  • January 28, 2026

    Mich. Clears Way For High School Athletes To Earn NIL Money

    High school athletes in Michigan will now be allowed to profit off their name, image and likeness after state authorities unveiled a policy change to expand and emphasize "personal branding activities" for students.

  • January 28, 2026

    Top German Court Rejects Antitrust FRAND Challenge

    Germany's top civil court has ruled that a patent holder has not breached European Union antitrust laws by seeking an injunction against a mobile phone company amid the pair's failure to negotiate a license agreement on FRAND terms.

  • January 27, 2026

    Ohio PBM Suit Belongs In Federal Court, 6th Circ. Rules

    The Sixth Circuit on Tuesday ruled that Ohio's lawsuit accusing pharmacy benefit managers of driving up prescription prices through rebate schemes belongs in federal court, saying in an opinion recommended for publication that the suit imposes liability on conduct undertaken at the direction of a federal officer.

  • January 27, 2026

    Google's Allegedly Stolen AI Secrets Not Valuable, Jury Told

    Former Google engineer Linwei Ding's counsel wrapped his defense case Tuesday, questioning a technical expert who told a California federal jury that the documents taken by Ding related to artificial intelligence supercomputers wouldn't allow someone to replicate Google's technology and had minimal value to competitors.

  • January 27, 2026

    Iowa Can't Block Schwab's Antitrust Deal, 5th Circ. Told

    A group of investors who settled with The Charles Schwab Corp. in an antitrust suit over the financial services company's merger with TD Ameritrade has urged the Fifth Circuit to dismiss an appeal filed by the state of Iowa, which had previously objected to the settlement's lack of monetary benefit to the class and proposed attorney payouts.

  • January 27, 2026

    Medtronic Rival's VP Says Docs Praised Device But Didn't Buy

    A vice president in charge of sales at Applied Medical testified Tuesday in a California federal trial over his company's antitrust claims against Medtronic, and said the overwhelmingly positive feedback Applied received from surgeons who used its advanced bipolar devices often didn't result in sales. 

  • January 28, 2026

    Law360 Seeks Members For Its 2026 Editorial Boards

    Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.

  • January 27, 2026

    NCAA Warns Of Broad Impacts In WVU Players' Eligibility Row

    If a West Virginia federal court's decision to give four football players another year of eligibility is left standing, scores of student-athletes will be emboldened to use last-minute litigation to skirt National Collegiate Athletic Association rules and secure more playing time, the NCAA's counsel told the Fourth Circuit on Tuesday.

  • January 27, 2026

    Investors Say Teva Can't Get Early Win In Price-Fixing Suit

    Investors guided by Highfields Capital told a Connecticut federal court that Teva Pharmaceuticals can't escape their claims that its alleged collusion with other drugmakers to artificially inflate the price of generic drugs also inflated stock prices, reasoning that Teva executives falsely attributed the company's performance to factors other than the alleged price-fixing.

  • January 27, 2026

    Adhesive Cos. Push Back On FTC Merger Concerns

    The makers of Loctite and Liquid Nails told a New York federal court that the Federal Trade Commission will be unable to show their planned $725 million merger will hurt competition for construction adhesives.

  • January 27, 2026

    Apple Accused Of Stealing Webcam Functionality For IPhones

    Apple was sued Tuesday by a company claiming it was induced into developing technology allowing for high-fidelity imaging in a smartphone that Apple then stole for use in iPhones.

  • January 27, 2026

    Mylan's Sanofi Insulin Suit Mostly Survives Dismissal Bid

    A Pennsylvania federal judge Tuesday largely refused to dismiss Mylan Pharmaceuticals' antitrust lawsuit accusing Sanofi of unlawfully maintaining a monopoly in the market for injectable insulin glargine.

  • January 27, 2026

    AGs' HPE-Juniper Hold Too Broad, Too Late, Judge Says

    A California federal judge explained his reasoning for refusing to block further integration between Hewlett Packard Enterprise and Juniper Networks, while Democratic attorneys general challenge the Justice Department's controversial settlement permitting the merger.

  • January 27, 2026

    Colo. Atty Says Former Mentee Poached Clients

    A Colorado attorney told a state court that a former associate he mentored for several years secretly solicited firm clients, misused confidential information and set up a competing practice while still employed.

  • January 27, 2026

    Homebuyers Say Rocket Mortgage Illegally Inflated Prices

    A proposed class of homebuyers accused Rocket Companies Inc. and its subsidiaries in Michigan federal court of illegally hiking home prices by sending business leads to real estate agents who pushed clients to use Rocket's "disadvantageous" financing services for purchases.

  • January 27, 2026

    EU Advances Brookfield, GIC's Australian Storage REIT Buy

    European regulators on Tuesday signed off on a proposed $2.6 billion buyout of Australian self-storage company National Storage REIT by Brookfield Asset Management and GIC, in a deal advised by Ashurst LLP and Clayton Utz.

  • January 27, 2026

    NRG, LS Power's $12B Natural Gas Deal Clears DOJ Scrutiny

    The U.S. Department of Justice has cleared NRG Energy Inc.'s $12 billion acquisition of 18 natural gas-fired power plants from LS Power in a cash-and-stock deal guided by White & Case LLP, Milbank LLP and Willkie Farr & Gallagher LLP.

  • January 27, 2026

    CMA Seeks To Appeal Re-Do Of £70M Pfizer, Flynn Drug Fines

    The Competition and Markets Authority sought permission from the Court of Appeal on Tuesday to challenge a decision that criticized and revised the £70 million ($96 million) in fines it issued to Pfizer and Flynn Pharma for excessive pricing.

  • January 27, 2026

    Poultry Cos. Told To Stay Separate Amid UK Antitrust Probe

    Britain's antitrust enforcer told Société LDC SA of France and Gressingham Foods, a breeder of ducks in England, on Tuesday not to integrate their poultry businesses as it carries out an investigation into the deal, which was completed in December.

  • January 26, 2026

    Mich. AG's Antitrust Suit Charts New Path For Climate Torts

    Michigan Attorney General Dana Nessel's antitrust lawsuit against fossil fuel companies opens a new front in climate change tort litigation, and is a riposte to red states using antitrust law to target pro-climate actions by companies.

Expert Analysis

  • What Businesses Offering AI Should Expect From The FTC

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    The Federal Trade Commission's move to reopen and set aside an administrative order against Rytr shows that the FTC is serious about executing on the administration's Artificial Intelligence Action Plan, and won't stand in the way of businesses offering AI products with pro-consumer, legitimate uses, say attorneys at Reed Smith.

  • Key Sectors, Antitrust Risks In Pricing Algorithm Litigation

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    Algorithmic pricing lawsuits have proliferated in rental housing, hotels, health insurance and equipment rental industries, and companies should consider emerging risk factors when implementing business strategies this year, say attorneys at Hunton.

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

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    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • Series

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

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    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.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • 2026 Int'l Arbitration Trends: M&A And Securities Disputes

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    Recent developments — such as the high-profile arbitration between ExxonMobil and Chevron, and the U.S. Securities and Exchange Commission's shift on its long-standing opposition to mandatory arbitration clauses in registration statements — highlight key issues to consider when drafting relevant agreements and arbitrating M&A disputes, say attorneys at Cleary.

  • Lessons From Higher Ed's Unexpected Antitrust Claim Trend

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    As higher education institutions face new litigation risk on antitrust grounds, practitioners should familiarize themselves with the types of recent claims that have alleged competitive harm in the higher education space, and expect some combination of other, traditional antitrust tenets to surface as well, says Kendrick Peterson at Baker McKenzie.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • What's New In ISS' Benchmark Voting Policy Updates For 2026

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    Companies should audit their governance structures and disclosures to prepare for the upcoming proxy season in light of Institutional Shareholder Services' 2026 policy updates, which include tighter guardrails on capital structures and director compensation, and more disclosure-driven assessments of environmental and social shareholder proposals, say attorneys at Fenwick.

  • Navigating Privilege Law Patchwork In Dual-Purpose Comms

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    Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

  • What Changed For Healthcare Transaction Law In 2025

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    Though much of the legislation introduced last year to expand state scrutiny of healthcare transactions did not pass, investors should pay close attention to the overarching trends, which are likely to continue in this year's legislative sessions, say attorneys at Ropes & Gray.

  • 7 Ways In-House Counsel May Unearth Red Flags In AI M&A

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    In-house counsel and executives conducting M&A due diligence in the artificial intelligence arena can surface hidden liabilities and avoid problems or divestitures by adopting strategies in key areas, including intellectual property provenance and postclose risk management, say attorneys at Reed Smith.

  • Expect State Noncompete Reforms, FTC Scrutiny In 2026

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    Employer noncompete practices are facing intensified federal scrutiny and state reforms heading into 2026, with the Federal Trade Commission pivoting to case-by-case enforcement and states continuing to tighten the rules, especially in the healthcare sector, say attorneys at DLA Piper.

  • Series

    Fly-Fishing Makes Me A Better Lawyer

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    Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

  • Unpacking The DOJ Meatpacking Probe

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    The recent U.S. Department of Justice meatpacking antitrust investigation is in line with the Trump administration's focus on crimes that affect U.S. consumers, and businesses in other agricultural sectors should be aware of the increased antitrust scrutiny currently aimed at the industry, say attorneys at Norton Rose.

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