Competition

  • September 08, 2026

    'Resilience,' Scale Up For Changes In EU Merger Overhaul

    With major European Union merger reforms due for finalization by the end of the year, the EU's top competition official said Sunday that enforcers plan to add more clarity to the draft merger guidelines, including by spelling out how improving environmental "resilience" can push transactions across the finish line.

  • September 08, 2026

    NC Supreme Court Considers Reviving 'Cardiac Pack' NIL Suit

    The North Carolina Supreme Court pointedly questioned the NCAA over its refusal to compensate members of the 1983 North Carolina State University championship basketball team Tuesday, expressing skepticism that the dispute was entirely snuffed out over late claims.

  • September 08, 2026

    Womble Bond Says No Need To Share Rift Details In Exit Bid

    Attorneys from Womble Bond Dickinson, seeking to withdraw as counsel of record for a Dutch software company embroiled in a trademark dispute with an American rival, told a North Carolina federal judge that they are not obligated under professional conduct rules to disclose the "substance of a confidential disagreement" underlying their withdrawal request.

  • September 08, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week saw disputes involving a former NFL star and a $2.5 million solar venture, Morgan Stanley's role in Fox Corp.'s planned $22 billion acquisition of Roku Inc., and JPMorgan Chase & Co.'s effort to pause more than $20 million in legal-fee payments to former Frank executives.

  • September 08, 2026

    Calif. Urges Justices To Let Paramount Merger Case Play Out

    California and other state enforcers that are challenging Paramount Skydance Corp.'s planned $110 billion purchase of Warner Bros. Discovery have urged the U.S. Supreme Court not to expedite Iowa and Montana's case seeking to block the merger challenge.

  • September 08, 2026

    CMA To Work With MoD In Fight Against Bid-Rigging

    The U.K.'s competition regulator said Tuesday it is exploring whether Ministry of Defense procurement data could help tackle bid-rigging in defense supply chains, as it urged the government to make more procurement data available to tackle suspected cartels.

  • September 08, 2026

    Biogen Must Face Pharmacies' MS Drug Monopoly Suit

    An Illinois federal judge on Tuesday refused to dismiss Walgreens and Kroger's lawsuit accusing Biogen Inc. of illegally stifling competition for its multiple sclerosis drug Tecfidera, saying they've made sufficient allegations at this point in the case to suggest they've "suffered a concrete injury as a result of Biogen's conduct."

  • September 08, 2026

    DOJ, Pinnacle Reach RealPage Rent-Fixing Settlement

    The federal government wants to settle its antitrust claims against Cushman & Wakefield unit Pinnacle Property Management Services LLC, which was accused in North Carolina federal court of using property management software company RealPage Inc.'s revenue management technology to fix rental prices, according to the U.S. Department of Justice.

  • September 08, 2026

    Tamarack, Headwater To Merge In $7.2B Canadian Energy Deal

    Tamarack Valley Energy Ltd. and Headwater Exploration Inc. said Tuesday they have agreed to merge in an all-stock transaction valued at CA$10 billion, or about $7.2 billion, with Stikeman Elliott LLP and Burnet Duckworth & Palmer LLP advising, respectively. 

  • September 07, 2026

    Amazon Says Big Sellers Should Opt In To £2.7B Class Action

    Amazon asked a London tribunal on Monday to carve larger merchants out of a certified opt-out class action worth an estimated £2.7 billion ($3.65 billion) over alleged competition abuses, arguing they should participate only on an opt-in basis.

  • September 04, 2026

    Concrete Giants Duck Price-Fixing MDL Again, For Good

    The globe's three dominant producers of admixtures for concrete, cement and mortar are permanently free of price-fixing claims after a New York federal judge held that U.S. concrete distributors and construction companies still haven't adequately alleged a conspiracy or synchronized price increases in the country.

  • September 04, 2026

    SpaceX Presses For Opening 3 Bands To Direct-To-Device

    SpaceX has its eye on three bands of spectrum it wants the Federal Communications Commission to open for direct-to-device satellite services, a move it told the agency would be good for both competition and the integration of satellite and terrestrial networks.

  • September 04, 2026

    Verisign, ICANN Accused Of Locking In .Com Monopoly

    Verisign, which controls the database that makes every .com website functional, has monopolized .com registry services and keeps its power through a financial arrangement with the nonprofit charged with promoting competition in the domain name marketplace, according to a consumer antitrust lawsuit filed Friday in California federal court.

  • September 04, 2026

    NextEra's $67B Deal Clears Vote Ahead Of Regulatory Hurdles

    The shareholders of Kirkland & Ellis LLP-advised NextEra Energy and Dominion Energy, advised by McGuireWoods LLP, have approved the companies' planned $67 billion merger, as regulatory scrutiny mounts at the state and federal levels.

  • September 04, 2026

    McKesson Owns Antitrust Claims, Not Rite Aid, Judge Finds

    A New Jersey bankruptcy judge has ruled that antitrust claims against pharmaceutical companies belong to drug distributor McKesson Corp., not the trustee overseeing Rite Aid's Chapter 11 distributions.

  • September 04, 2026

    'Bad Faith' Subpoenas On Apple Execs Spur Fee Sanctions

    A California federal magistrate judge imposed sanctions Thursday on Joseph M. Alioto of Alioto Law Firm for repeatedly trying to depose senior Apple executives, including then-CEO Tim Cook, in an attempt to drag the iPhone-maker back into consumer antitrust litigation accusing Google of shutting out rival search engines.

  • September 04, 2026

    Court Slams 'Half-Hearted Compliance' In Crab Price-Fix Suit

    A California federal magistrate judge has given a seafood company until Sept. 11 to meet the discovery obligations it has repeatedly fallen short of in a proposed class action accusing it of fixing prices for Dungeness crabs.

  • September 03, 2026

    Samsung, Other Chipmakers Want Price-Fixing Suit Tossed

    Samsung, Micron and SK Hynix have urged a California federal court to toss a proposed class action accusing the chipmakers of conspiring to fix the supply and prices of dynamic random access memory, saying the suit was a "repackaged version" of a previous conspiracy suit against them that the Ninth Circuit rejected.

  • September 03, 2026

    Altria Loses Constitutional Challenge To ITC Patent Cases

    A Virginia federal judge on Thursday shut down a suit by Altria claiming that U.S. International Trade Commission patent proceedings are unconstitutional, rejecting Altria's bid to halt an ITC vape patent case against it brought by Juul and granting summary judgment to the commission.

  • September 03, 2026

    Most Of Corteva's IP Claims Against Inari Move Along

    A Delaware federal court Thursday kept most claims alive in a case over seed intellectual property brought by Corteva Agriscience ahead of a trial set to begin later this month.

  • September 03, 2026

    Dutch Software Co. Asks Justices To Halt TM Trial

    A Dutch software company has asked the U.S. Supreme Court to pause a rapidly approaching trial in a trademark dispute with an American rival while it petitions for review of an injunction and contempt order that it said threaten to taint the entire proceedings.

  • September 03, 2026

    Paramount-Warner Bros. Investor Loses Bid To Expedite Suit

    The Delaware Chancery Court on Thursday denied a Paramount Skydance Corp. stockholder's bid to fast-track derivative litigation seeking to halt the company's planned $110 billion acquisition of Warner Bros. Discovery, finding that the investor had not shown a sufficient basis for rushing the case toward trial.

  • September 03, 2026

    CFTC Says CME Perps Fight Is 'Much Ado About Nothing'

    The U.S. Commodity Futures Trading Commission told a D.C. federal judge that the Chicago Mercantile Exchange's suit over the agency's approval of Kalshi's bitcoin perpetual futures contract is "much ado about nothing" since the derivatives exchange is free to list its own version of the product.

  • September 03, 2026

    Nippon Tells 9th Circ. Not To Revive US Steel Merger Case

    Nippon Steel urged the Ninth Circuit on Wednesday not to revive a consumer lawsuit challenging its now-completed purchase of U.S. Steel Corp., arguing the district court rightly found the plaintiffs too far removed from the steel market to allege higher prices when buying steel-containing products.

  • September 03, 2026

    Philly Firm Says Recent Discovery Dooms Uber's RICO Suit

    Philadelphia personal injury firm Simon & Simon PC has asked a Pennsylvania federal judge to dismiss Uber's complaint accusing it of orchestrating a fraudulent scheme to inflate settlements, claiming it learned through discovery that the company has not been damaged by the payouts.

Expert Analysis

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

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    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

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    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • Opinion

    CBP's $166B Tariff Refund Portal Needs 4 Safeguards

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    Before launching its automated web portal to process tariff-refund disbursements on April 20, U.S. Customs and Border Protection should apply the expensive lessons learned from the pandemic-era employee retention credit, says Peter Gariepy at RubinBrown.

  • 7 Mistakes To Avoid When Using Trial Graphics

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    With several federal district judges recently expressing frustration with the overuse of PowerPoint slides in trial presentations, now is a good time for lawyers to assess when and how they use visuals to make sure their messages are communicated as effectively as possible, say Mark Rosman at Proskauer and Dan Bender at Digital Evidence Group.

  • Rebuttal

    FTC Case Reinforces Established Price Discrimination Rules

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    Far from redefining price discrimination, as contended by a recent Law360 guest article, the Federal Trade Commission's suit against Southern Glazer's falls squarely within the historical interpretation of the Robinson-Patman Act, says retired attorney Irving Scher.

  • Opinion

    Apple Discovery Fight Could Revive DOJ's Antitrust Appetite

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    Winning discovery disputes in the ongoing federal antitrust litigation over Apple’s app store practices is a huge opportunity for the Justice Department to return to its once-vigorous pursuit of product tying by tech monopolies, catch up with foreign competition regulators and establish clear standards for digital markets, says Ediberto Roman at Florida International University.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • The Federal Circuit's Evolving View Of Trade Secrets

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    In recent years, the Federal Circuit's approach to defining "readily ascertainable" information and determining sufficiency of trade secret identification has shifted, trending away from other circuits and potentially presenting a higher bar for trade secrets plaintiffs, say attorneys at MoFo.

  • Calculating Damages In IEEPA Tariff Refund Litigation

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    To calculate damages in the spate of refund litigation triggered by the U.S. Supreme Court's recent decision invalidating tariffs collected under the International Emergency Economic Powers Act, the central question will be how to determine where in the supply chain their economic burden ultimately came to rest, say analysts at Charles River Associates.

  • 'Made In America' Rules Raise Stakes For Gov't Contractors

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    The convergence of widely varying "buy American" requirements, increased enforcement efforts and continuing regulatory attempts to limit foreign sourcing suggests that government contractors should carefully review their supply chain and country-of-origin compliance to remain competitive, say attorneys at Arnold & Porter.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • Ohio Case Reflects States' Aggressive Criminal Antitrust Turn

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    The Ohio Attorney General's Office’s recent bid-rigging indictment of an online auctioneer is the latest signal that states, through attorneys general pursuing more kickback cases and legislators expanding the reach of antitrust laws, are shedding their historical reluctance to wield their criminal antitrust enforcement powers, say attorneys at Arnold & Porter.

  • Seeking A Policy Fix As Merger Reporting Fight Continues

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    A recently announced request by the Federal Trade Commission and U.S. Department of Justice for public comment on the Hart-Scott-Rodino premerger reporting requirements, as litigation challenging the commission's updated requirements continues, suggests the government's willingness to address how best to support modern merger enforcement without unduly burdening filing parties, say attorneys at Baker Botts.

  • Axed Trade Secret Award Cautions Against Bundling Damages

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    The Fifth Circuit's recent ruling in Trinseo v. Harper, vacating a $75 million jury verdict for trade secret misappropriation due to a bundled damages model, offers a strong reminder to apportion damages so a jury can award a nonspeculative figure when it credits only some alleged secrets, say attorneys at Seyfarth.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

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