A Fifth Circuit panel refused to revive an antitrust suit accusing medical supplies group purchasing giant Vizient of locking in hospital customers, agreeing with a district court that a spurned would-be supplier failed at the threshold question of showing a market in which Vizient could be dominant.
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THURSDAY, JANUARY 15, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Vizient Beats Spurned Medical Tape Supplier At 5th Circ.

By Bryan Koenig

A Fifth Circuit panel refused to revive an antitrust suit accusing medical supplies group purchasing giant Vizient of locking in hospital customers, agreeing with a district court that a spurned would-be supplier failed at the threshold question of showing a market in which Vizient could be dominant.

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Zillow, Redfin Look To Toss FTC's Antitrust Case

By Matthew Perlman

Zillow Group Inc. and Redfin Corp. have urged a Virginia federal court to toss the Federal Trade Commission's antitrust case against them, saying a partnership between the companies is meant to make their rental listing businesses more competitive, not to remove competition.

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3rd Circ. Nixes Engineer's Plea For Sharing Navy Contract Info

By P.J. D'Annunzio

In a precedential opinion Wednesday, a split Third Circuit panel ruled that a lower court should not have accepted the guilty plea of a Navy engineer charged with disclosing bid information related to a contract for submarine propeller machinery, holding that prosecutors based the plea deal on shaky legal ground.

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Supreme Court Rejects Cigar Maker's Appeal Over Atty Fees

By Corey Rothauser

The U.S. Supreme Court has declined to hear cigar maker Swisher International Inc.'s appeal in a long-running contractual and antitrust dispute with Trendsettah USA Inc., leaving intact a Ninth Circuit ruling that revived part of a jury verdict and more than $10 million in related attorney fee awards.

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Door Maker Says Birthright Ruling Doesn't Impact Divestiture

By Matthew Perlman

Steves & Sons Inc. told the Fourth Circuit that the U.S. Supreme Court's recent ruling dealing with the reach of nationwide injunctions has no bearing on the door manufacturer's landmark win in a private merger challenge.

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Analysis

'The Work Has Changed': How White-Collar Attys Are Coping

By Phillip Bantz

The Trump administration's dramatic policy enforcement changes over the past year, along with turmoil and turnover at the U.S. Department of Justice, has tilted the white-collar world on its axis, forcing lawyers and firms to abruptly shift focus and expand their practices, sometimes beyond traditional white-collar criminal defense matters.

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LITIGATION

6th Circ. Skips Rethink, But Still Spars Over Indirect Buyer Bar

By Bryan Koenig

A decision by the full Sixth Circuit not to rehear a lawsuit over an alleged allergy testing and treatment provider boycott has turned into an internal dustup about the limits of who can seek damages under federal antitrust law, with one judge calling for U.S. Supreme Court intervention.

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NJ Judge Orders Mediation In Merck-Cencora Indemnity Fight

By Gianna Ferrarin

Cencora Inc. can't derail a Merck third-party complaint arguing a prior settlement between the parties requires the drug wholesaler to indemnify Merck in antitrust litigation by Humana, a New Jersey federal court ruled Wednesday, ordering the parties to go to mediation over the dispute.

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Pharmacy Wields Antitrust Law In Challenge To GLP-1 Giants

By Lauren Berg

Eli Lilly & Co. and Novo Nordisk are using their dominant positions in the market for weight loss and diabetes medications to squash potential competitors, including through unlawful exclusivity agreements with telehealth providers, a compounding pharmacy alleged Wednesday in what it calls a landmark antitrust lawsuit.

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Vox Media Sues Google, Adding To Ad Tech Antitrust Suits

By Rae Ann Varona

Google was hit Wednesday with yet another antitrust lawsuit over its ad tech, this time by Vox Media, which alleged in Manhattan federal court that the tech giant is unlawfully monopolizing the publisher ad server and ad exchange markets.

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Judge Asks If Execs 'Blindsided' Truist With Mass Exodus

By Hayley Fowler

A North Carolina business judge on Wednesday repeatedly returned to whether three former executives who led Truist's real estate finance arm ever revealed to the bank that they were in "secret" talks to join a competitor and bring dozens of their colleagues with them, signaling he'd let a jury decide if the mass exodus is to blame for the business's alleged losses.

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Payscale Presses Del. Justices To Revive Noncompete Claims

By Jarek Rutz

The Delaware Supreme Court heard arguments Wednesday over whether the state's Chancery Court went too far in dismissing Payscale's lawsuit seeking to enforce an 18-month noncompete clause against a former sales executive, focusing on when a court may decide, at the outset of a case, that a restrictive covenant is unenforceable as written.

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Underwriters Fight Early Win Bid For RealPage MDL Coverage

By Isaac Monterose

Certain Underwriters at Lloyd's, London is fighting a landlord's bid for an early win in its suit seeking coverage for multidistrict antitrust litigation against property management software company RealPage Inc. and multiple landlords, arguing that Certain Underwriters' cyber insurance policy for the landlord applies only to data breach claims.

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Google Ex-Staffer Attys In 'Grave Danger' Of Testimony Misstep

By Bonnie Eslinger

A California federal judge appeared open Wednesday to letting prosecutors introduce previously suppressed evidence from the FBI's interview with an ex-Google engineer accused of stealing trade secrets, telling defense counsel that their efforts to paint Google and the government as in cahoots raised a "grave danger" he'd allow the evidence.

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Dover Launches RICO Suit Over Skyrocketing Insulin Prices

By Lauraann Wood

Manufacturing conglomerate Dover Corp. hit insulin manufacturers including Eli Lilly and Novo Nordisk and several pharmacy benefit managers with civil racketeering claims in Illinois federal court, accusing them of participating in an illegal scheme that allowed prices to rise dramatically in exchange for preferential treatment on the benefit managers' formularies.

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POLICY & REGULATION

FCC Still Weighing 39% Broadcast Cap, Carr Tells Lawmakers

By Christopher Cole

The Federal Communications Commission hasn't decided whether the law gives it wiggle room to lift the 39% cap on national audience share controlled by a single broadcast chain, a move that would let Nexstar merge with Tegna, the FCC's chief told lawmakers Wednesday.

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EXPERT ANALYSIS

IP Appellate Decisions Show 4 Shifts In 2025

In 2025, intellectual property decisions issued by the Ninth, D.C., and Federal Circuits trended toward tightening doctrinal boundaries, whether to account for technological developments in existing legal regimes, or to refine areas with some ambiguity, says Nate Sabri at Perkins Coie.

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Series

The Law Firm Merger Diaries: Forming Measurable Ties

Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

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LEGAL INDUSTRY

As Goldstein Trial Begins, Gov't Points To 'Lavish' Lifestyle

By Jared Foretek

An accountant for billionaire investor Alec Gores said that Thomas Goldstein had suggested he open a foreign account for Gores' poker-related transactions or even classify him as a professional player for tax purposes, although Gores was just getting started in the high-stakes poker world.

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Simpson Thacher Offers Stipend To Lure Summer Associates

By Tracey Read

In an effort for Simpson Thacher & Bartlett LLP to attract top students who want to pursue public interest work, the firm said it will pay a stipend of $42,500 for the 2026-2027 cycle for those who opt to spend their 1L summer in a qualifying public service, government, academic, in-house legal or nonprofit role.

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Calif. Justices Order Prosecutors To Explain Alleged AI Errors

By Dorothy Atkins

The California Supreme Court has ordered Nevada County prosecutors to explain to a lower court why they shouldn't be sanctioned for "apparent serial submission" of artificial intelligence-generated briefs with nonexistent legal citations in multiple criminal proceedings.

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Judiciary AI Rule Draws Fire As Judges Get Deepfakes Survey

By Jeff Overley

Federal judiciary policymakers heard extensive concerns Thursday regarding high-profile plans to formally screen evidence generated with artificial intelligence, and they set the stage for more feedback by preparing an AI survey for every federal trial judge.

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ICE Detention Facilities Nearly Doubled Last Year, Report Says

By Tom Lotshaw

An American Immigration Council report said the Trump administration detained record numbers of noncitizens last year, most without criminal records, and held them in a rapidly expanding network of facilities that could soon rival the federal criminal prison system.

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Fla. High Court Opens Door To Non-ABA Accrediting Entities

By Carolina Bolado

The Florida Supreme Court on Thursday changed the bar exam admission requirements to allow graduates of law schools accredited by entities other than the American Bar Association to sit for the Florida bar exam.

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5th Circ. Revives Allstate's Fraud Suit Over Car Crash Billing

By Gina Kim

The Fifth Circuit on Wednesday revived Allstate's racketeering suit alleging doctors and personal injury lawyers unleashed a barrage of unnecessary treatments for car accident patients and caused Allstate to pay $4.7 million in claims, finding the insurer sufficiently pled details about the conspiracy and specifics surrounding each allegedly fake medical billing.

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Sens. Advance Indiana Judge Nominee Grilled Over Sermons

By Courtney Bublé

A federal judicial nominee for Indiana who came under scrutiny by a Republican senator for his past sermons as an ordained elder was voted out of committee Thursday alongside five other judicial nominees.

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Trump US Atty Pick In NM Bumped To First Assistant

By Emily Sawicki

A New Mexico federal judge has ruled the Trump-appointed interim U.S. Attorney for New Mexico is not validly serving in the role but declined to disqualify the prosecutor from a slate of cases pending in the district, instead determining the lawyer may continue to work in the federal prosecutor's office as first assistant.

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Wash. Judges To Pick US Atty As Floyd's Term Set To Expire

By Gina Kim

The chief judge for the Western District of Washington on Wednesday announced the court's intent to select a U.S. attorney to serve on a temporary basis if President Donald Trump's pick, Charles Neil Floyd, who has been serving on an interim basis, isn't confirmed by the Senate by next month. 

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LAW FIRMS IN TODAY'S NEWS

Akerman LLP

Anthony Ostlund

Baker & Hostetler

Barnes & Thornburg

Baron & Budd

Brown Rudnick

Buchanan Ingersoll

Cleary Gottlieb

Clement & Murphy

Covington & Burling

Davis Polk

Dorsey & Whitney

Emery Celli

Fox Rothschild

Gibson Dunn

Goodwin Procter

Hausfeld LLP

Haynes Boone

Hunton Andrews

K&L Gates

Kaplan Marino

Kellogg Hansen

Kennedys Law LLP

Kirkland & Ellis

Knox Ricksen

Kozyak Tropin

Kramer Rayson

Kroger Gardis

Latham & Watkins

Levin Papantonio

Lewis Brisbois

Lynn Pinker

McCarter & English

McGuireWoods

Mintz & Gold

Munger Tolles

Nicolaides Fink

Perkins Coie

Pillsbury Winthrop

Potter Anderson

Rayburn Cooper

Reed Smith

Schwartz White

Seeger Weiss

Simpson Thacher & Bartlett LLP

Sorrels Law

Sullivan & Cromwell

Thompson Coe

Treanor Devlin Brown

Troutman

Wheeler Trigg

Wilson Sonsini

Womble Bond

Woods Rogers

COMPANIES IN TODAY'S NEWS

3M Co.

Akamai Technologies Inc.

American Bar Association

American Immigration Council Inc.

Amerigroup Corp.

Apartment Income REIT

Apple Inc.

BASF SE

CVS Health Corp.

California Public Defenders Association

Cencora Inc.

Civil Rights Corps

Crocs Inc.

Dover Corp.

Eli Lilly & Co.

Empower Pharmacy

Epic Games Inc.

Everest Group Ltd.

Exxon Mobil Corp.

FarmaKeio

Global Logistic Properties Ltd.

Google LLC

Grandbridge Real Estate Capital LLC

Hims & Hers Health Inc.

Humana Inc.

Index Exchange Inc.

JELD-WEN Inc.

Lawyers for Civil Justice

LexisNexis Legal & Professional

LifeMD Inc.

McAfee Inc.

Merck & Co. Inc.

Microsoft Corp.

Mortgage Bankers Association

Mosaic

Novo Nordisk A S

OpenAI OpCo LLC

OpenX Technologies Inc.

Penske Media Corp.

PubMatic Inc.

RELX PLC

RealPage Inc.

RentPath LLC

Rocket Cos.

Sanofi

Skydance Media LLC

Steves & Sons Inc.

Swisher International Inc.

Tegna Inc.

Teladoc Health Inc.

The Florida Bar

Thomson Reuters Corp.

Truist Financial Corp.

Twentieth Century Fox Film Corp.

United Allergy Services

Verve

Vizient Inc.

Vox Media Inc.

Zillow Group Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

Connecticut Attorney General's Office

Delaware Court of Chancery

Federal Bureau of Investigation

Federal Communications Commission

Federal Judicial Center

Federal Trade Commission

Florida Supreme Court

Food and Drug Administration

Internal Revenue Service

Judicial Conference of the United States

New York Attorney General's Office

U.S. Attorney's Office

U.S. Attorney's Office for the District of Maryland

U.S. Attorney's Office for the District of New Mexico

U.S. Attorney's Office for the Eastern District of Pennsylvania

U.S. Attorney's Office for the Eastern District of Virginia

U.S. Attorney's Office for the Northern District of California

U.S. Attorney's Office for the Southern District of New York

U.S. Copyright Office

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Education

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Alaska

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the District of Minnesota

U.S. District Court for the District of New Jersey

U.S. District Court for the District of New Mexico

U.S. District Court for the District of South Carolina

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of New York

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Arkansas

U.S. District Court for the Western District of Missouri

U.S. District Court for the Western District of Tennessee

U.S. District Court for the Western District of Texas

U.S. District Court for the Western District of Virginia

U.S. District Court for the Western District of Washington

U.S. Immigration and Customs Enforcement

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the District of Wyoming

United States District Court for the Southern District of Indiana