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Retail & E-Commerce
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February 03, 2026
Amway Looks To Sidestep Gut Drink Trademark Fight In NC
Multi-level marketing giant Amway is seeking an early exit from a trademark infringement suit brought by a supplement maker in North Carolina, saying it has no ties to the Tar Heel state sufficient to be dragged into court there.
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February 03, 2026
Dollar Tree Accused Of Woman's Freezer Death In $50M Suit
A Dollar Tree store in Miami was negligent in failing to enact measures that would have prevented the death of a woman who got trapped in a walk-in freezer, her family told a Florida state court in a complaint seeking $50 million.
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February 03, 2026
Ill. Judge OKs $3.3M Deal In Mariano's Managers' OT Suit
An Illinois federal judge has approved a $3.3 million settlement resolving a lawsuit by current and former supermarket meat, bakery and deli managers who alleged Kroger subsidiary Mariano's falsely claimed they were exempt from overtime pay.
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February 03, 2026
Insurer Seeks To Void Stamp Co.'s Policy After $3.35B Claim
A stamp dealer seeking $3.35 billion for the loss of its inventory in a fire should have its insurance policy declared void from the start, the insurer told a New York federal court, saying the company misrepresented the value of its inventory when applying for coverage.
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February 02, 2026
Amazon Seeks Shoppers' Docs In COVID Price-Gouging Suit
Shoppers behind a proposed class action accusing Amazon of inflating prices on crucial consumer goods and food during the COVID-19 pandemic failed to hand over records necessary for the retail giant to fight the allegations, the company said in a filing seeking to force the plaintiffs to produce the documents.
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February 02, 2026
Wheeling & Appealing: The Latest Must-Know Appellate Action
What happened to a GOP donor's $250,000 Swiss watch? Can cigarette warnings show jarring medical images? Will a circuit split of "far-reaching importance" for arbitration get even wider? That's a taste of the oral argument menu we'll help you digest in this preview of February's top appellate action.
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February 02, 2026
Netflix Slams HBO Max User's Challenge To Warner Bros. Deal
Netflix argued that an HBO Max subscriber lacks standing to challenge its plan to buy Warner Bros. Discovery, telling a California federal judge Friday that the subscriber doesn't show how the merger would injure her, as she's never subscribed to Netflix and doesn't say she plans to.
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February 02, 2026
5th Circ. Panel Blushes At Starbucks Worker's Snapchat Notes
A Fifth Circuit panel pressed the National Labor Relations Board to explain why Starbucks lacks the ability to fire a union organizer who used excessively colorful language in private messages to co-workers, saying Monday the language used would "make any of us blush."
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February 02, 2026
Fed. Circ. Grapples With AI Patent Eligibility In Amazon Case
A Federal Circuit panel on Monday expressed skepticism about Rensselaer Polytechnic Institute's argument that an artificial intelligence-related patent it sued Amazon over was wrongly invalidated as abstract, though the court seemed wary of issuing a ruling that could render all AI unpatentable.
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February 02, 2026
Ill. Distributor Sues Over Axed THC Seltzer Contract
A Chicago area beer distributor has sued the company behind Wynk THC seltzers in Illinois federal court, claiming it should be made whole after the seltzer company abruptly terminated their exclusive distribution agreement without fairly paying for the distribution network that was essentially built from scratch.
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February 02, 2026
First Woman Justice Elected To Wash. High Court To Retire
Washington State Supreme Court Justice Barbara A. Madsen, the first woman to be voted onto the court and the second-longest serving justice in state history, said Monday she plans to retire this spring after 33 years on the bench.
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February 02, 2026
Monthly Merger Review Snapshot
U.S. enforcers reached three new merger settlements, while the Federal Trade Commission successfully blocked a $945 million heart valve deal and lodged an appeal for its case targeting Meta's past acquisitions.
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February 02, 2026
7th Circ. Hands Dead Packaging Worker's 401(k) To Ex-Wife
The Seventh Circuit awarded the 401(k) account balance of a dead Packaging Corp. of America worker to his ex-wife Monday, concluding that a lower court erred in determining she wasn't entitled to benefits based on a fax requesting a beneficiary designation change that he transmitted after a divorce.
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February 02, 2026
Split Fed. Circ. Won't Revive Massager Design Patent Case
A Maine federal judge properly found Armaid Co. Inc. didn't infringe Range of Motion Products LLC's design patent covering a personal massage device, a divided Federal Circuit held Monday.
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February 02, 2026
FTC Says Bezos, Amazon Execs Hid Evidence Via Signal App
The Federal Trade Commission asked a Washington federal judge to assume Amazon.com Inc. used auto-deleting Signal chats to hide the "anticompetitive nature" of rules that allegedly created an artificial pricing floor across online retail, escalating a long-simmering evidentiary fight that implicates Jeff Bezos and general counsel David Zapolsky.
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February 02, 2026
DOJ Opposes Google's Bid For Partial Search Remedy Pause
The U.S. Department of Justice and state enforcers are opposing Google's bid to pause parts of the remedies imposed after a D.C. federal court found it monopolized the search market, while the tech giant appeals the ruling to the D.C. Circuit.
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February 02, 2026
Trump, Modi Say US-India Trade Deal Reached
President Donald Trump said Monday he reached a trade deal with India following a call with Prime Minister Narendra Modi that includes lowering the tariff rate on Indian goods entering the U.S. from 50% to 18%.
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February 02, 2026
NFL, Fanatics Bolster Attempt To Toss Fans' Monopoly Suit
The NFL and Fanatics pushed a New York federal court to toss a fan lawsuit that accused the pair of monopolizing the online retail market for league merchandise, arguing a previously dismissed lawsuit already found the plaintiffs' arguments defective.
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February 02, 2026
RI Officials Fight Two Bids To Block Pot Licensing Scheme
The Rhode Island Cannabis Control Commission is pushing back on a pair of motions seeking to block its social equity cannabis licensing program, arguing in both cases that the residency requirement does not run afoul of the U.S. Constitution's dormant commerce clause.
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February 02, 2026
Amazon Shoppers' Counsel Admit To AI Errors In Motion
Lawyers representing Amazon customers in a proposed class action over supplement labeling have apologized to a Seattle federal judge for artificial intelligence hallucinations included in a recent filing, acknowledging "certain miscitations and misquotations" resulted from a Just Food Law PLLC attorney's use of the nascent technology and a failure by Boies Schiller Flexner LLP co-counsel to catch the errors.
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February 02, 2026
Vape Sellers Say Texas' China Liquid Ban Is Unconstitutional
A group of vape distributors and retailers is suing to block enforcement of a new Texas law prohibiting the sale of e-cigarettes using liquid from China and other "adversaries" of the U.S., saying the law is unconstitutional as only Congress can regulate trade with foreign countries.
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January 30, 2026
Google Can't Ditch $425M Privacy Verdict, But Won't Owe $2B
A California federal judge on Friday refused to decertify a class of Google users who scored a $425 million jury verdict in their privacy suit; however, he also shot down the consumers' request that Google shell out an additional $2.36 billion in disgorgement of profits.
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January 30, 2026
Kroger, Albertsons Look To Block FTC Testimony Handover
Grocery giants Albertsons and Kroger asked a California federal judge to protect sensitive expert testimony that helped the Federal Trade Commission torpedo their planned merger in 2024, which a new FTC target said is urgently needed to show that the regulator is creating contradictory market analyses.
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January 30, 2026
Brewery Ownership Condition Takes Spotlight In Beer IP Fight
SweetWater Brewing Co.'s chief executive officer asked a Georgia federal judge for an early win Friday in a copyright suit brought by the creator of the company's trout logo, taking aim at the claim that SweetWater could only use the artwork as long as the CEO remained the brewery's owner.
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January 30, 2026
CBD Cos. Say They're Wrong Defendants In Kratom Suit
Shaman Botanicals LLC and CBD American Shaman LLC are urging a California federal judge to throw out claims that they mislead consumers by failing to warn them that Soma Kratom products are dangerous and addictive, saying they're not affiliated with Soma Kratom in the first place.
Expert Analysis
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Evaluating The Current State Of Trump's Tariff Deals
As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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And Now A Word From The Panel: Choosing MDL Venues
One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.
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IPO Suit Reinforces Strict Section 11 Tracing Requirement
A California federal court's recent dismissal of an investor class action against Allbirds in connection with the company's initial public offering cites the U.S. Supreme Court's 2023 Slack v. Pirani decision, reinforcing the firm tracing requirement for Section 11 plaintiffs — even at the pleading stage, say attorneys at Paul Weiss.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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Privacy Policy Lessons After Google App Data Verdict
In Rodriguez v. Google, a California federal jury recently found that Google unlawfully invaded app users' privacy by collecting, using and disclosing pseudonymized data, highlighting the complex interplay between nonpersonalized data and customers' understanding of privacy policy choices, says Beth Waller at Woods Rogers.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Recent Precedent May Aid In Defending Ad Tech Class Actions
An emergent line of appellate court precedent regarding the indecipherability of anonymized advertising technology transmissions can be used as a powerful tool to counteract the explosion of advertising technology class actions under myriad statutory theories, say attorneys at Duane Morris.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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How Fashion, Tech Can Maximize New Small Biz Tax Breaks
Fashion and technology companies, which invest heavily in innovation, should consider taking advantage of provisions in the One Big Beautiful Bill Act that favor small businesses, restructuing if necessary to become eligible for expanded research and experimental expenditure credits and qualified small business stock incentives, says Aime Salazar at Olshan Frome.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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2 Fed. Circ. Rulings Underscore Patent Prosecution Pitfalls
Two recent patent decisions from the Federal Circuit, overturning significant judgments, serve as reminders that claim modifications and cancellations may have substantive effects on the scope of other claims, and that arguments distinguishing prior art and characterizing claims may also limit claim scope, say attorneys at Morgan Lewis.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Ruling On Labor Peace Law Marks Shift For Cannabis Cos.
Currently on appeal to the Ninth Circuit, an Oregon federal court’s novel decision in Casala v. Kotek, invalidating a state law that requires labor peace agreements as a condition of cannabis business licensure, marks the potential for compliance uncertainty for all cannabis employers in states with labor peace mandates, say attorneys at Sheppard Mullin.
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Fed. Circ. Rulings Refine Patent Claim Construction Standards
Four Federal Circuit patent decisions this year clarify several crucial principles governing patent claim construction, including the importance of prosecution history, and the need for error-free, precise language from claims drafters, say attorneys at Taft.