Competition

  • September 18, 2026

    NY Surgeons Say Elevance Penalty Policy Is Anticompetitive

    A practice group for independent neurosurgeons lobbed an antitrust suit against Elevance Health Inc. in New York federal court alleging the insurer is impeding their ability to compete for patients by threatening to financially penalize and terminate in-network facilities that work with them.

  • September 18, 2026

    6th Circ. Undoes Ky. State Court Remand Of PBM Fight

    The Sixth Circuit on Friday ruled that Kentucky's lawsuit accusing pharmacy benefit managers of conspiring with drug manufacturers to increase the prescription opioid supply belongs in federal court, given the appellate court's precedential ruling from January reversing remand of another state's dispute against PBMs.

  • September 18, 2026

    Paramount Gets Foreign Investment Nod For $110B WBD Deal

    The Federal Communications Commission has approved a Paramount Skydance request to permit foreign ownership as part of its $110 billion plan to buy Warner Bros. Discovery. 

  • September 17, 2026

    DOJ Touts 'Substantial' Ad Tech Fix, Leaves Room For Appeal

    The U.S. Department of Justice walked a fine line between hailing a Virginia federal judge's newly unsealed decision ordering Google to open up its advertising placement technology dominance, and leaving open the possibility of appealing the judge's accompanying rejection of its request for a breakup.

  • September 17, 2026

    FDIC Pitches Plan For Faster Bank Merger Reviews

    The Federal Deposit Insurance Corp. moved Thursday to revamp its procedures for vetting bank mergers, floating a package of proposed changes that could speed up the agency's reviews for many transactions and lead to fewer getting held up over competition concerns.

  • September 17, 2026

    2nd Circ. Pauses Nielsen Order In Cumulus Tying Case

    The Second Circuit has put on hold a preliminary injunction ordering the Nielsen Co. to offer its national ratings data separate from its local offerings after the company argued that the lower court changed the terms of the injunction after the Second Circuit approved it the first time.

  • September 17, 2026

    Rail Giants Point To Shipper Support For $85B Merger

    Droves of companies that rely on freight in their daily business have recently thrown their support behind Union Pacific Corp.'s planned $85 billion merger with Atlanta-based Norfolk Southern Corp. in filings with a federal board being asked to approve the tie-up.

  • September 17, 2026

    Joe Gibbs Racing Demands Sanctions For Deleted Texts

    Joe Gibbs Racing LLC wants its former competition director sanctioned for allegedly failing to preserve key evidence after he deleted text messages with the owner of a rival NASCAR team where he is now employed as chief motorsports officer.

  • September 17, 2026

    7th Circ. Questions Illinois' Out-Of-State Liquor Delivery Ban

    The Seventh Circuit seemed unsure Thursday whether it should back a district court decision tossing two wine collectors' constitutional claim against an Illinois law barring out-of-state retailers delivering alcohol to in-state customers, questioning the state's underlying reasoning for the ban.

  • September 17, 2026

    SpaceXAI, Apple Must Show Texas Judge Antitrust Deal Terms

    A Texas federal judge has ordered Elon Musk's companies and Apple Inc. to provide him with a copy of their recent settlement for in-camera review after OpenAI Inc. demanded to look over the agreement and argued its terms may undermine the antitrust allegations SpaceXAI LLC is still pursuing against OpenAI.

  • September 17, 2026

    EU Antitrust Chief Says AI Competition Mitigates Risk

    Europe's top antitrust enforcer raised concerns Thursday about the need to regulate artificial intelligence companies, while a top U.S. official said enforcers need to hear more about potential collaborations on AI safety before deciding if they're problematic.

  • September 17, 2026

    'Bad Middle School Art' Tests Penn State's Counterfeit Bid

    A Third Circuit panel appeared reluctant Thursday to treat all of Vintage Brand's retro Penn State merchandise as counterfeit, even as the judges expressed skepticism about the print-on-demand retailer's broader bid to overturn a jury verdict finding that its unlicensed use of university marks infringed Penn State's trademarks.

  • September 17, 2026

    DOJ Official Says Political Appointees Play Antitrust Role

    Associate Attorney General Stanley E. Woodward Jr. on Thursday defended the role political appointees play in enforcing antitrust laws, saying it would be "blatantly unconstitutional" if U.S. Department of Justice leadership merely deferred to unelected officials.

  • September 17, 2026

    FTC Puts Fertitta's $17.6B Caesars Buy Under The Microscope

    The Federal Trade Commission is seeking more information about Fertitta Entertainment's proposed $17.6 billion buyout of Caesars Entertainment, extending review of the deal proposed in May, according to a Thursday regulatory filing.

  • September 17, 2026

    Judge Won't Toss Cannabis Co. Rival Suit, Criticizes AI Misuse

    A Florida federal judge on Wednesday denied a medical marijuana company's bid to get a rival's suit dismissed, called the company's motion to dismiss "sloppy lawyering at best and an AI hallucination at worst," and warned the company's in-house counsel against continued chatbot misuse.

  • September 17, 2026

    Orrick Hires Google Ad Tech Litigator, Kressin Powers Partner

    Orrick Herrington & Sutcliffe LLP has hired an attorney from Kressin Powers LLC who previously served as a senior litigation counsel in the U.S. Department of Justice, where he helped represent the government in its antitrust suit against Google's alleged ad monopolization practices.

  • September 17, 2026

    Motorists Get OK To Distribute £92.75M In Antitrust Case

    The Competition Appeal Tribunal on Thursday approved a plan for distributing settlements totaling £92.75 million ($123.9 million) to motorists in class action claims against vehicle shipping companies over delivery charges.

  • September 17, 2026

    For Single-Party FTC, Easier Suits May Come With A Cost

    The Federal Trade Commission has ditched its historical multimember, multiparty ethos for a one-party regime in which fewer dissents might make it easier for Chairman Andrew Ferguson to pursue his agenda, but it also forecloses the potential "moderating influence" that comes with winning broad buy-in from commissioners of two parties.

  • September 17, 2026

    CMA Probes Paint-Makers' Giant $25B Merger Plan

    The Competition and Markets Authority said it is considering the effects on competition in the U.K. of plans by AkzoNobel, the owner of Dulux paints, and Axalta Coating Systems to merge in a transaction that seeks to create a $25 billion company.

  • September 16, 2026

    Birkenstock Rival Can't Stomp Out Shoe IP Suit Before Trial

    A Massachusetts federal judge refused Wednesday to grant White Mountain a partial win on Birkenstock's infringement claims in a fight over shoe designs, finding that there are too many factual disputes to determine on summary judgment whether Birkenstock waited too long to sue, so the case must be tried.

  • September 16, 2026

    Express Scripts Seeks To Exit AIDS Group's Drug Rate Suit

    Express Scripts called on a Washington federal judge to toss a lawsuit accusing it of using its market power to bully the AIDS Healthcare Foundation into accepting lower reimbursement rates for life-saving drugs, contending Tuesday that the case rehashes allegations a Missouri federal court has already rejected twice.

  • September 16, 2026

    Goldman Unit Funded Compass Lexecon Raid, Suit Says

    FTI Consulting Inc. and its subsidiary Compass Lexecon have asked a Maryland federal judge to add a Goldman Sachs unit to a long-running suit alleging two former Compass Lexecon employees broke away from the firm and founded a competitor that unlawfully poached clients and talent from the FTI subsidiary using capital from Goldman.

  • September 16, 2026

    State Farm Plans Calif. Return For Fire-Hardened Homes

    More than three years after announcing it would no longer sell new homeowners insurance policies in California, State Farm has filed plans to begin writing new policies for Golden State homeowners who have made their properties more resilient to wildfire, according to news releases issued Wednesday.

  • September 16, 2026

    Housing Developer Says Contract Winner Had Lower Scores

    A Georgia affordable housing developer challenged a Colorado public transit agency's decision to award a housing development contract in Denver to another developer, contending in Colorado state court that the agency relied on undisclosed evaluation criteria and declined to award the developer the contract despite its higher evaluation scores.

  • September 16, 2026

    Portions Of DC Expert Report Nixed In Amazon Antitrust Case

    A D.C. court has granted Amazon's request to strike parts of an expert report supporting the district's antitrust lawsuit against the e-commerce giant.

Expert Analysis

  • Noncompete Laws Show States Focusing On Bans, Healthcare

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    The first half of 2026 confirms that state legislatures are driving the most consequential changes in noncompete law, including a few state bans and several healthcare-specific laws, making a one-size-fits-all approach increasingly untenable for multistate employers, say attorneys at Faegre Drinker.

  • And Now A Word From The Panel: MDL Judge Selection

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    To understand how the Judicial Panel on Multidistrict Litigation selects particular judges to preside over MDL proceedings, it helps to consider not only how much experience on the federal bench a judge has, but also whether they have specifically managed any prior MDLs, says Alan Rothman at Sidley Austin.

  • Assessing DOJ Antitrust's New, Faster Merger Review Option

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    The U.S. Justice Department Antitrust Division's recently announced targeted second request option and new model timing signal a commercially friendly stance and a departure from the prior administration's position, say attorneys at Paul Weiss.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • AG Watch: Ohio AG Joins State Antitrust Enforcement Trend

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    Amid the recent reprioritization in the federal government's competition enforcement agenda, two recent cases provide critical insight into how the Ohio attorney general will proceed in the relatively unprecedented trend of state attorneys general aggressively pursuing antitrust matters, say attorneys at BakerHostetler.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • The Growing Antitrust Risks Of AI Pricing For Health Insurers

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    Attorneys at Patterson Belknap provide an overview of the increased risk of antitrust enforcement for health insurance companies using algorithmic price models, including in the form of multidistrict private litigation, new state and federal bills, and potential federal enforcement.

  • Parsing Who Gets The Track Record In A Venture Partner Split

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    A recent California federal court order in TEEC Angel Management v. Tsingyuan Ventures allowing Lanham Act claims to proceed confirms that the question of who gets to tell the story of a shared win is now being litigated as false advertising instead of industry professional etiquette, says Ben Dubin at VC Expert Services.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • Quantifying Damages In Product Launch Delay Allegations

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    In delayed generic-drug entry cases that have generated substantial settlements in recent years, damages are often measured by profits lost during the delay window, but this model can fail to account for potentially significant economic harm that occurs after that window, say analysts at Kroll.

  • 2 Microsoft Matters Could Help Shape AI Antitrust Outlook

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    A pending federal court case and investigation focusing on Microsoft's allegedly anticompetitive conduct in the deployment of artificial intelligence tools are testing whether antitrust law can distinguish ordinary competition to supply the AI ecosystem from conduct that distorts how that competition unfolds, says Kylie Kim at Massey & Gail.

  • Carbon Health Settlement Highlights Why Evidence Is Key

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    The California Attorney General's Office's first-of-its-kind settlement with Carbon Health, imposing penalties for alleged corporate practice of medicine violations, shows that friendly professional corporation challenges usually hinge not on the parties' management services agreement, but on whether the operational record matches it, says Ben Dubin at VC Expert Services.

  • Fed Autonomy Rests On Narrow Exception After Justices Rule

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    The U.S. Supreme Court’s recent decisions in Trump v. Cook and Trump v. Slaughter expand presidential removal power while temporarily preserving the Federal Reserve’s independence, but there is uncertainty about which of the Fed’s authorities fall within the court’s narrow monetary-policy exception, says Keith Bradley at Squire Patton.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

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