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Competition
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January 07, 2026
Warner Bros. Hits Nokia With Antitrust Claims In Patent Case
Warner Bros. has fired back at Nokia's video coding patent suit against it with allegations that the Finnish company has violated antitrust law by running an "unlawful monopolization scheme" on the technology and going back on pledges to license its patents on reasonable terms.
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January 07, 2026
11th Circ. Affirms YouTube Win Over DMCA Safe Harbor
The Eleventh Circuit on Wednesday affirmed a win for YouTube in a dispute with a movie producer, finding that the Digital Millennium Copyright Act does not require YouTube to police its site for infringing clips beyond responding to takedown notices.
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January 07, 2026
NC Judge Warns Of 'Pandora's Box' In Shareholder Row
A North Carolina business court judge Wednesday cautioned counsel for a discharged director of a real estate and insurance company against potentially "opening Pandora's Box" as he argued that his client was targeted by his fellow directors — and family members — due to his age, but can be protected as an employee under state and federal law.
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January 07, 2026
STB Eyes Easier Shipper Access Mandates Across Railways
Showing "anticompetitive conduct" would no longer be a requirement for shippers seeking to force rail carriers to work together to ferry their goods, under a proposed rulemaking Wednesday that the Surface Transportation Board said would shift such petitions back to consideration on a case-by-case basis.
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January 07, 2026
Live Nation Looks To Toss BOTS Act Case
Live Nation and Ticketmaster told a California federal court Tuesday the Federal Trade Commission is trying to use a statute designed to help ticket sellers fight scalping to target operation of the events and the ticketing giant's legitimate resale platform.
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January 07, 2026
Expedia Wants Singapore's Help Getting Docs In Rival's Suit
Expedia asked a Washington federal judge to help it seek assistance from Singapore's court system to get documents from Trip.com, saying the discovery is pertinent in an antitrust case brought by representatives for a defunct Swiss competitor.
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January 07, 2026
FCC Urged To Revisit AT&T-UScellular Spectrum Deal OK
Consumer advocates are teaming up with rural wireless carriers to call for the Federal Communications Commission to reverse its recent approval of a $1 billion deal for AT&T to snap up spectrum held by broken-up UScellular.
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January 07, 2026
Vanderbilt QB's NCAA Fight Gains More Athlete Plaintiffs
Following an antitrust battle that saw Vanderbilt University quarterback Diego Pavia earn an extra year of playing time from the NCAA, more than two dozen athletes are looking to replicate Pavia's success by joining his case in Tennessee federal court.
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January 07, 2026
Warner Bros. Again Tells Shareholders To Nix Paramount Bid
Warner Bros. Discovery on Wednesday implored shareholders to reject Paramount Skydance Corp.'s amended hostile takeover offer, saying the media conglomerate remains committed to the $82.7 billion deal it reached with Netflix in December.
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January 07, 2026
Lewis Brisbois Adds DLA Piper Antitrust Atty As DC Co-Head
Lewis Brisbois Bisgaard & Smith LLP has tapped a veteran antitrust attorney most recently with DLA Piper to help lead its Washington, D.C., office.
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January 07, 2026
DOJ Seeks Nod For HPE Merger Deal Over State Objections
The U.S. Department of Justice has requested court approval for its settlement that would end a challenge of Hewlett Packard Enterprise's acquisition of a networking equipment rival, despite objections raised by state enforcers over allegations of improper lobbying influence.
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January 07, 2026
Fans Defend Merch Monopoly Suit Against NFL, Fanatics
Fans suing the NFL and Fanatics over merchandise licensing agreements are urging a New York federal judge to keep their case afloat, skewering the league's attempt to liken the suit to a similar antitrust case that sputtered recently.
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January 07, 2026
Fed. Circ. Faults Lower Court In Parking Patent Case
The Federal Circuit said a new trial is needed to determine if a parking lot management patent is invalid under a rule prohibiting patents for technologies that were used or were on sale for more than a year before a patent application is filed.
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January 07, 2026
Compass' $1.6B Anywhere Buy Goes Unchallenged By Government
Real estate brokerage Compass Inc.'s $1.6 billion acquisition of Anywhere Real Estate Inc. is expected to move forward Wednesday without being scrutinized by the federal government even though congressional lawmakers previously urged the government to do so.
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January 06, 2026
11th Circ. Backs FTC Win In False Ad Suit Against Corpay
The Eleventh Circuit on Tuesday affirmed the U.S. Federal Trade Commission's win in its lawsuit against Corpay Inc., saying in a published opinion that "overwhelming" evidence backed a lower court's finding that the company engaged in deceptive advertising and unfair billing practices when marketing and selling fuel cards.
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January 06, 2026
5th Circ. Pushes FDA On 'De Facto' Vape Marketing Ban
A Fifth Circuit panel seemed leery of the U.S. Food and Drug Administration's claim that it had no de facto ban in place for flavored refillable e-cigarette products, saying Tuesday that denying hundreds of thousands of applications seemed an awful lot like a ban.
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January 06, 2026
Amazon Seeks To 'Hot Tub' MIT Prof's Opinion In Antitrust Suit
Amazon.com Inc. has asked a Seattle federal court for a "hot tub" hearing in a proposed consumer antitrust class action that accuses the e-commerce giant of artificially raising retail prices, saying the novel litigation technique for concurrently questioning parties' experts is needed to vet one expert's change in opinion.
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January 06, 2026
DOJ Wants Time During Door Maker Divestiture Argument
The U.S. Department of Justice is asking to appear at an upcoming Fourth Circuit argument to support a door manufacturer defending the first court-ordered divestiture in a private merger challenge.
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January 06, 2026
Bankrupt Hospital Wants Out Of $3B BCBS Antitrust Deal
A bankrupt Alabama hospital is asking a federal judge to allow it to drop out of a $2.8 billion antitrust class action settlement with Blue Cross Blue Shield, saying it may be forced to shut down unless it can pursue separate relief in bankruptcy court.
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January 06, 2026
Cigna Accused Of Rigging Market For Life-Saving Drugs
Patients with chronic health conditions sued Cigna in an Illinois federal court alleging in a proposed class action Tuesday that the company and its pharmacy and pharmacy benefit manager subsidiaries use exclusive agreements to lock users into a network where Byzantine refill processes have been deliberately erected to limit payouts for life-saving drugs.
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January 06, 2026
FTC Signals Support Of Miss. Bill For Midwives' Solo Practice
A Federal Trade Commission official on Monday encouraged a Mississippi lawmaker to keep in mind the possible motives of opponents of proposed legislation that would exempt midwives from having to contract with physicians to provide advanced-level nursing care.
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January 06, 2026
Envestnet Trade Secrets Suit Cleared For Trial
A Delaware federal judge has cleared the way for a long-running fintech trade secrets case to proceed toward trial, overruling defense objections to spoliation findings and holding that a jury may infer that destroyed electronic evidence would have been unfavorable to Envestnet Inc. and its former subsidiary Yodlee Inc.
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January 06, 2026
NJ Judge Signals Green Light To Revive J&J Unit's Libel Suit
A New Jersey federal judge has indicated she is planning to grant a bankrupt Johnson & Johnson talc subsidiary's bid to revive its trade libel claim over a scientific article linking asbestos in talc to mesothelioma.
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January 06, 2026
Drugmakers Fight Multifront Legal Battles Over GLP-1s
In the wake of U.S. Food and Drug Administration approvals for GLP-1 weight-loss drugs, surging public demand and massive profits have inspired a broad range of drugmaker litigation against competitors, alleged counterfeits and telehealth providers.
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January 06, 2026
Calif. Tribe Rejects Feds' Delay In 40-Acre Land Transfer Fight
A California tribe is asking a D.C. federal court to deny a bid by the U.S. Department of the Interior for an indefinite stay in responding to a challenge to the agency's decision to approve a 40-acre land transfer for a fellow state tribe's casino project.
Expert Analysis
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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How Cos. Can Roll With NY's New Algorithmic Pricing Rules
Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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Netflix Caps 2025 M&A Deals That Will Test Antitrust Strategy
The 2025 media consolidation trend culminated in Netflix's $82.7 billion Warner Bros. Discovery announcement, but the Antitrust Division of the U.S. Department of Justice is likely to question whether remedies short of blocking the deal could credibly preserve competition, says Brian Pandya at Duane Morris.
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Calif. AG's No-Poach Case Reflects Tougher Antitrust Stance
This month, California’s attorney general resolved the latest enforcement action barring the use of no-poach agreements, underscoring an aggressive antitrust enforcement trend with significant increases in criminal and civil penalties, say attorneys at Pillsbury.
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2025 Noncompete Developments That Led To Inflection Point
Employers must reshape their approaches to noncompete agreements following key 2025 developments, including Delaware's rejection of blue-penciling and the proliferation of state wage thresholds, say attorneys at Gunderson Dettmer.
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.
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Opinion
Supreme Court Term Limits Would Carry Hidden Risk
While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Navigating A Sea Change In Rent Algorithm Regulation
The U.S. Department of Justice's proposed settlement of the RealPage lawsuit represents a pivotal moment in the regulation of algorithmic rent-setting, restraining use of these tools amid a growing trend of regulatory limits on use of algorithmic data and methodologies in establishing housing rental prices. say attorneys at Wilson Elser.
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Calling The AI Witness In 2026's Merger Reviews
Organizations that anticipate facing a second request or merger clearance review in 2026 should collect artificial intelligence artifacts as part of discovery, and distinguish between human-generated and machine-generated materials, says Sean McDermott at FTI Consulting.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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Identifying And Resolving Conflicts Among Class Members
As the Fifth Circuit's recent decision in Nova Scotia Health Employees' Pension Plan v. McDermott International illustrates, intraclass conflicts can determine the fate of a class action — and such conflicts can be surprisingly difficult to identify, says Andrew Faisman, a clerk at the U.S. District Court for the Southern District of New York.
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AI Evidence Rule Tweaks Encourage Judicial Guardrails
Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.