(Podcast) The Briefing: When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla
On May 19, 2026, the U.S. Court of Appeals for the Second Circuit denied the now-defunct North American Soccer League’s bid for a new trial after a jury rejected its claims, concluding that plaintiff failed to prove a...more
On April 27, 2026, Judge Edward J. Davila of the United States District Court for the Northern District of California granted in part and denied in part defendants’ summary judgment motions in In re Telescopes Antitrust...more
On May 28, 2026, Judge Noël Wise of the United States District Court for the Northern District of California granted a motion to dismiss all federal antitrust claims brought by a developer of next-generation DNA sequencing...more
On April 29, 2026, the United States Supreme Court issued a consequential decision further narrowing how Section 2 of the Voting Rights Act (VRA) may be used to challenge redistricting maps....more
States, political subdivisions and government entities engaged in or preparing for redistricting should reassess their legal strategy in light of a recent Supreme Court decision. In a landmark 6–3 ruling in Louisiana v....more
The Supreme Court issued last week its long-anticipated redistricting decision in Louisiana v. Callais, — S. Ct. —, 2026 WL 1153054 (April 29, 2026). The Court did not strike down Section 2 of the Voting Rights Act (“VRA”) as...more
California may be on the verge of a significant expansion of its state antitrust law. Assembly Bill 1776, known as the Competition and Opportunity in Markets for a Prosperous, Equitable and Transparent Economy (COMPETE) Act,...more
A recent advisory opinion from the U.S. Department of Health and Human Services Office of Inspector General (OIG) may give manufacturers more daylight to structure bundled discounts under the Discount Safe Harbor (DSH) to the...more
On January 30, 2026, the California Law Revision Commission (“CLRC” or the “Commission”) officially approved a final legislative proposal to newly regulate “single firm conduct” (“SFC”) under the Golden State’s antitrust law,...more
The core claims brought in a consumer antitrust suit against Google LLC have been allowed to proceed, but allegations related to fraudulent concealment are in jeopardy....more
On January 8, 2026, the Ninth Circuit affirmed the decision of the U.S. District Court for the Northern District of California to grant Apple summary judgment against claims that it monopolized the market for heart rate...more
On November 17, 2025, Judge Jesse Furman of the Southern District of New York granted defendants’ motion to dismiss Sherman Act claims relating to alleged exclusionary and monopolistic conduct in the elite swimming events and...more
A District of Columbia federal judge has ruled that Meta does not have a monopoly in the market for social media in the United States, rejecting the Federal Trade Commission (FTC)'s allegations that the company maintained...more
Despite buying Instagram and WhatsApp, Facebook has lost ground to competitors that increasingly look the same. But should that matter when it comes to liability?...more
A consent agreement can be a powerful tool to overcome a USPTO likelihood-of-confusion refusal—but only if it’s done right. In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley discuss...more
On October 7, 2025, Judge James Patrick Hanlon of the United States District Court for the Southern District of Indiana granted in part and denied in part a brand name manufacturer of topical flea-and-tick products’ (the...more
While French luxury brand Hermès is likely best known for its Birkin handbags and silk scarves, a group of plaintiff consumers in California are focused on its ties—or more accurately, its alleged ties. Plaintiffs claim...more
On September 26, 2025, Judge Mary Kay Vyskocil of the United States District Court for the Southern District of New York granted eyewear maker EssilorLuxottica’s and related business entities’ (“defendants”) motion to dismiss...more
On September 30, a federal district court upheld North Carolina’s state Senate redistricting plan under the Voting Rights Act (VRA), rejecting a Section 2 challenge brought by two North Carolina voters who argued the map...more
The US District Court for the District of Columbia issued, on September 2, 2025, a landmark ruling in the US Department of Justice’s (DOJ) antitrust case against Google, imposing significant remedies to address the company’s...more
A significant milestone was reached this week in the Justice Department’s antitrust litigation against Google regarding its internet search business. U.S. District Judge Amit P. Mehta issued a 230-page ruling on remedies...more
X Corp. and X.AI LLC sued Apple Inc. and OpenAI today (8/25/2025) alleging violations of federal and state antitrust laws, including Sections 1 and 2 of the Sherman Antitrust Act and the Texas Free Enterprise & Antitrust Act....more
The skies are darkening over the “walled garden” of Apple’s operating system. A Northern District of California court cleared the way for antitrust claims against Apple over its iCloud storage service on mobile devices. The...more
Back in late January, U.S. District Court Judge Xavier Rodriguez in the Western District of Texas granted summary judgment to Loredo Medical Center (LMC) and a locally-based interventional cardiology group (LMC Cardiology...more
On January 13, 2025, the United States District Court for the Northern District of Illinois granted defendant’s motion to dismiss plaintiff’s claim that it monopolized the market for “Canadian crude oil transportation...more