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Retail & E-Commerce
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March 18, 2026
Meta Smart Glasses Pose Mass Surveillance Risk, Sens. Warn
Three U.S. senators Wednesday warned in a letter to Meta that the tech giant's plans to integrate facial recognition technology into its smart glasses risk "normalizing mass surveillance" at a time the federal government is using similar tech to "intimidate protesters and chill speech."
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March 18, 2026
LA Driver Used $2M COVID Loan For Crypto, DOJ Says
A Los Angeles man who allegedly took $2 million from federal COVID-19-related relief programs and used the money to fund cryptocurrency trading now faces money laundering, wire fraud and bank fraud charges, according to a Department of Justice announcement issued Wednesday.
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March 18, 2026
Judge Tosses Sanctions Review For HK Electronics Co.
A D.C. federal judge ruled Wednesday that the U.S. Department of State's Office of Economic Sanctions Policy and Implementation lacked authority to deny a Hong Kong electronics company's bid for removal from its sanctions blacklist, sending the company's removal petition back for review by the proper official.
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March 18, 2026
Bath & Body Works Suits Consolidated, But No Lead Attys Yet
An Ohio federal judge on Wednesday consolidated two shareholder derivative actions alleging Bath & Body Works Inc.'s current and former top brass downplayed certain growth strategy flops, but he stopped short of handing out lead counsel roles, finding it premature to do so.
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March 18, 2026
ITC Orders $5M In Penalties For Illegal Chocolate Milk Imports
The U.S. International Trade Commission has levied $5.3 million in penalties on four grocers that were found to have violated a ban on importing a chocolate malt drink mix.
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March 18, 2026
Temu Users Join Customer Push For IEEPA Tariff Refunds
Online marketplace Temu must refund customers for passed-on costs related to the Trump administration's now-invalidated International Emergency Economic Powers Act tariffs, a consumer leading a proposed nationwide class action told an Illinois state court.
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March 18, 2026
Macy's Judge Rules Wash. Antispam Law Is Constitutional
Macy's must face a consumer class action accusing the retail giant of breaking a Washington state law prohibiting certain spam emails, a Seattle federal judge ruled Wednesday, declaring that Washington's Commercial Electronic Mail Act is neither unconstitutional nor preempted by federal law.
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March 18, 2026
Zillow Preview Appeases Compass Enough To Drop Ban Suit
Compass dropped its New York federal court antitrust lawsuit against Zillow on Wednesday, satisfied that a new "preview" feature for pre-market home listings was enough of a departure from a contested rule that banned listings from appearing on Zillow if they had been marketed elsewhere for more than a day.
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March 18, 2026
Judge Preserves CBD Co.'s Contract Breach Spat
A hemp and CBD company run by North Carolina State Rep. John Bell won't get a default win on its $1.6 million counterclaim against Texas-based ex-business partners who accused it of stealing trade secrets and using political connections to threaten their executives with jail time, a North Carolina federal judge has ruled.
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March 18, 2026
FTC, Fitness Giant Xponential Strike $17M Franchise Rule Deal
The Federal Trade Commission announced Wednesday that the franchise group behind Club Pilates, Pure Barre and other boutique fitness brands agreed to pay $17 million to resolve claims that it previously misled franchisees about the costs, risks and other key details about operating one of its studios.
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March 18, 2026
Bobsledder Says Olympic Committee Hid Brain Injury Risk
A former U.S. bobsled team member accused the U.S. Olympic and Paralympic Committee of intentionally concealing the sport's brain injury risk, telling a California state court he wouldn't have taken part if he had known.
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March 18, 2026
Publix Couldn't Foresee Active Shooter, Fla. Panel Says
Publix Super Markets Inc. wasn't required to anticipate an active shooter at one of its Florida stores, a state appeals court ruled Wednesday, upholding a lower court decision tossing a lawsuit alleging the chain could have prevented the 2021 fatal shooting of a toddler and grandmother.
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March 18, 2026
2nd Circ. Judge Unimpressed By OpenAI's IP Suit Stance
A Second Circuit judge on Wednesday expressed surprise when an OpenAI attorney couldn't explain whether the company's artificial intelligence system duplicated Raw Story Media Inc.'s news articles while allegedly removing copyright management information from the online reports.
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March 18, 2026
FTC Says Amazon Seeks 'Impossible' Standard For Sanctions
The Federal Trade Commission pressed a Washington federal judge Tuesday to sanction Amazon.com for using autodeleting Signal chats and deleting raw meeting notes to hide evidence of company policies that created an artificial pricing floor across online retail stores, arguing Amazon is fighting the motion by inventing an "impossible-to-meet standard" for imposing sanctions.
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March 18, 2026
Prior Counsel In Settled EBay Harassment Case Eyes Payment
An attorney who previously represented a Massachusetts couple in a harassment lawsuit against eBay and three former executives has asked a federal judge to hold off on entering a dismissal in the now-settled case until she receives assurances she will be paid.
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March 18, 2026
9th Circ. Urged To Rehear Cannabis Dormant Commerce Case
A California attorney who has challenged cannabis social equity programs in numerous jurisdictions asked the entire Ninth Circuit on Tuesday to reconsider whether the U.S. Constitution's dormant commerce clause applies to federally illegal marijuana.
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March 18, 2026
Food Cos. Get Another Shot At David Protein Antitrust Case
A New York federal court is letting low-calorie food producers take another shot at their antitrust claims accusing protein bar-maker David Protein of refusing to sell them a fat replacement ingredient after purchasing the ingredient's only supplier.
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March 18, 2026
FDA Can't 'Refuse To File' Tobacco Applications, Suit Says
The maker and a seller of Zone nicotine pouches are suing the U.S. Food and Drug Administration in Texas federal court, alleging the agency stalled and eventually refused to file their marketing application, despite federal law requiring the FDA to either approve or deny such applications.
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March 18, 2026
Toy Co. Not Covered In Unpaid Judgment Fight, 8th Circ. Says
An insurer needn't defend a toy company accused by a competitor of using legal proceedings to evade payment of an $8.5 million default judgment for false advertising, the Eighth Circuit has ruled, holding that the policy's malicious prosecution coverage doesn't extend to abuse of process claims.
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March 17, 2026
Fragrance Co. Inks $11M Icebreaker Deal In Price-Fixing Case
A group of consumers asked a New Jersey federal judge Monday to preliminarily sign off on an $11 million class settlement with International Flavors and Fragrances Inc., which the consumers called an "icebreaker" deal cut in sprawling price-fixing antitrust litigation against four major fragrance ingredient makers.
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March 17, 2026
JCPenney AI Tool Faces Ill. Privacy Lawsuit Over Facial Data
Retail brand JCPenney uses an artificial intelligence skin-care analysis tool for website visitors without ever telling them that the technology scanning their faces to provide personalized cosmetics advice illegally captures and stores their biometric information, according to a new lawsuit in Illinois state court.
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March 17, 2026
OpenAI, Musk Can't Argue Over Wealth In $38M Fraud Trial
A California federal judge laid out the ground rules for an upcoming April jury trial on Elon Musk's claims OpenAI duped him into donating $38 million, barring evidence regarding the "wealth or lack thereof of any party," unless the dispute reaches the punitive damages stage, which the judge called "unlikely."
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March 17, 2026
Grocery Chain Faces Investor Suit Over Shuttered Stores
Investors of Grocery Outlet Holding Corp. filed suit against the discount supermarket company in California federal court, alleging the company and its executives failed to disclose that its rapid financial growth was caused by expanding too quickly, which came to light earlier this year when it announced that 36 of its stores would close, sending its share price lower.
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March 17, 2026
Lawmakers Want More Oversight For Antitrust Settlements
Democratic lawmakers proposed legislation Tuesday that would give courts more power to review settlements reached in government antitrust cases, after the U.S. Department of Justice recently cut a pair of controversial deals, including with Live Nation last week.
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March 17, 2026
Union Health Fund Wins $3.5M Debt Litigation Against Suit Co.
A Rochester, New York, suit manufacturer owes a union healthcare fund about $3.5 million, a New York federal judge ruled Tuesday, saying the fund presented evidence that the manufacturer skipped out on over two years of payments.
Expert Analysis
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Series
Law School's Missed Lessons: The Human Element
Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.
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The Benefits Of Choosing A Niche Practice In The AI Age
As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.
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What New Animal Welfare Enforcement Push Means For Cos.
The Trump administration's recently announced multiagency focus on violations of the Animal Welfare Act and related laws will likely lead to broader enforcement actions across industries, heightened scrutiny of compliance standards and a need for businesses to adopt effective risk management practices, says Shennie Patel at Crowell & Moring.
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How To Engage With Gov't's Direct-To-Consumer Drug Policy
The U.S. Department of Health and Human Services' recent request for industry input on manufacturers' direct-to-consumer drug sales reflects the government's caution in this arena, and allows stakeholders a rare opportunity to help shape policy, says Mary Kohler at Kohler Health Law.
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Series
Podcasting Makes Me A Better Lawyer
Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.
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AG Watch: Ohio Targets DEI Policies
As Ohio Attorney General Dave Yost seeks to eliminate diversity, equity and inclusion programs in both public education institutions and private companies, Ohio entities must carefully navigate this constantly evolving, highly contentious topic to avoid litigation while also not forfeiting their core principles, say attorneys at BakerHostetler.
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Strategies For Retailers, Landlords In M&A Portfolio Reduction
With more retailers likely to merge or be acquired in 2026, both landlords and companies looking to renegotiate their real estate footprints can strike successful deals through advance planning, understanding rights allocations and maintaining realistic leverage assessment, say attorneys at Jenner & Block.
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Opinion
Fed. Circ. Must Bury Design Patent Doctrinal Zombies
After recently finding noninfringement in Range of Motion Products v. Armaid, the Federal Circuit must rehear the case to confront two troublesome doctrines of design patent law claim construction — feature filtration and claim verbalization — that have lingered for decades and intensified in recent years, say attorneys at McAndrews Held.
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Ill. Swipe Fee Ruling Sets Stage For A High-Stakes Appeal
In Illinois Bankers Association v. Raoul, an Illinois federal court upheld the state's ban on credit and debit card swipe fees on tax and tip payments, while permanently enjoining the statute's data usage limitation, but an imminent appeal could significantly influence the trajectory of state-level payments regulation, say attorneys at Latham.
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Drug Wholesaler's DPA Shows Imperfect Efforts Still Count
Atlantic Biologicals’ recent deferred prosecution agreement with federal prosecutors for allegedly distributing controlled substances to pill mill pharmacies demonstrates that even subpar cooperation, when combined with genuine remediation and strategic advocacy, can yield outcomes that protect a company's long-term interests, says Jonathan Porter at Husch Blackwell.
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How The New Tariff Landscape May Unfold
To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.
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The Cautionary Tale Of A Supply Chain Inquiry 'Made In Italy'
Legal probes into the Italian luxury fashion supply chain reflect the need for effective buy-side diligence with a variety of tools and through a variety of lenses to avoid an issue after an M&A transaction, says Jesse Silvertown at Hesparus.
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Series
Volunteering With Scouts Makes Me A Better Lawyer
Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.
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Compliance Takeaways Amid Subscription Practices Scrutiny
The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.
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Series
Law School's Missed Lessons: In Court, It's About Storytelling
Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.