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Retail & E-Commerce
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February 19, 2026
Pepsi And Frito-Lay Avoid Class Chip-Pricing Claims, For Now
A California federal judge struck class claims from a lawsuit accusing PepsiCo and Frito-Lay of illegally charging Walmart, Target, and other chain stores less for chips than smaller retailers, stating that the plaintiffs cannot show that the proposed class has suffered the same injury, but will allow them to rework the complaint.
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February 19, 2026
Amazon Loses Bid To Ditch Suit Over Lie Detector Testing
Amazon has failed to win an early exit from a proposed class action alleging that the retail giant is flouting a Massachusetts statute banning the use of lie detectors in employment decisions, as a federal judge denied its motion to toss the case Wednesday.
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February 19, 2026
Amazon Throwing Out Tech Intercom Not Sanctionable: Judge
While Amazon.com Inc. was negligent in allowing a consulting engineer to throw out an advanced intercom at the center of a trade secrets and unauthorized computer access proposed class action, a New York federal magistrate judge said Wednesday that doing so didn't cost the intercom's maker any relevant evidence.
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February 19, 2026
5th Circ. Judge Impugns NLRB Impartiality In Scathing Dissent
A Fifth Circuit judge impugned the National Labor Relations Board's fairness and attacked its foundational motive test as "an undertheorized byproduct of Chevron deference" in a dissent to an opinion backing the board's finding that Trader Joe's illegally fired a worker over repeated COVID-19 safety complaints.
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February 19, 2026
Squires Accepts 8 PTAB Cases, Walks Back 7 Merits Referrals
A bulk summary order from U.S. Patent and Trademark Office Director John Squires granted eight petitions for America Invents Act patent challenges while denying 14 others, including seven that he had previously accepted for merits-based review.
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February 19, 2026
Live Nation Fights Uphill To Nix FTC Suit Over Ticket Scalping
Live Nation urged a California federal judge Thursday to reconsider her tentative decision refusing to dismiss the Federal Trade Commission's allegations it turned a blind eye to scalpers, arguing that the complaint doesn't identify specific tickets that scalpers were able to obtain by evading security measures that limit purchases.
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February 19, 2026
Hims & Hers Buying Eucalyptus For Up To $1.15B
Wellness platform Hims & Hers Health Inc. said Thursday it has agreed to acquire Australian digital health company Eucalyptus in a deal valued at up to $1.15 billion.
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February 19, 2026
Electronics Cos. Fight 'Heavy-Handed' Next-Gen TV Mandate
As the Federal Communications Commission looks to coax the broadcast industry into adopting next-generation TV on a wider scale, a key electronics industry group has re-upped concerns that officials might move too fast.
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February 19, 2026
CIT Orders Reconsideration Of Fujifilm Co.'s Industry Status
The U.S. International Trade Commission must redo its determination that a U.S. subsidiary of Fujifilm qualifies as a domestic producer for purposes of finding domestic industry has been harmed by imports from Japan and China, the U.S. Court of International Trade said.
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February 19, 2026
Amazon Seller 'Expert' Sues Over Alleged Inventory Fraud
An Amazon "marketplace expert" that focuses on selling and managing the prices of branded goods on the platform sued on Wednesday 16 companies and one individual accused of supplying millions of dollars in goods that were later found to be encumbered by warehouse liens.
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February 19, 2026
Costco Inks Deal To End Worker's Sex Harassment Suit
Costco Wholesale Corporation has agreed to settle a worker's suit claiming the company retaliated against her after she reported that a male colleague harassed her by repeatedly asking her out on dates and reacting angrily when she denied him.
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February 19, 2026
Trader Joe's Wants To Check Out Of 401(k) Class Claims
Trader Joe's asked a Massachusetts federal judge to free it from a class action claiming mismanagement of an employee retirement plan, saying participants haven't shown they were harmed by fees or one mutual fund option that had posted lackluster returns.
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February 19, 2026
FedEx Reaches $8.5M Deal To Settle Warehouse Wage Suit
FedEx and workers at 17 of its New Jersey warehouses reached an $8.5 million deal to settle the workers' claims they weren't paid for the time spent going through security screenings and walking to time clocks before and after their shifts.
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February 19, 2026
Activists Elliott, Jana Make Latest Moves, And Other Rumors
The past week may have been light on mega-merger rumors, but a slate of activist investor moves showed that the ingredients for future dealmaking may be quietly coming together.
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February 19, 2026
Freshfields Advising EBay's $1.2B Depop Purchase From Etsy
Freshfields LLP is guiding eBay Inc. on its planned acquisition of Depop, a fast-growing mobile fashion resale marketplace, from Fenwick & West LLP-advised Etsy Inc. for about $1.2 billion in cash, as the online commerce giant seeks to expand its reach among younger consumers.
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February 18, 2026
Smith & Wesson Gets Suit Over Tracking Cookies Pared Down
A California federal judge has cut state wiretap law and several other claims from a proposed class action accusing Smith & Wesson of illegally gathering browsing data from website visitors who rejected the use of tracking cookies, while preserving allegations that the firearm manufacturer facilitated third parties' privacy intrusions.
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February 18, 2026
Birkin Bag Fans Appeal Hermès' 'Predetermined' Antitrust Win
Shoppers urged the Ninth Circuit Wednesday to revive their proposed class action accusing Hermès of illegally tying the sale of its iconic Birkin handbags to other expensive luxury items, arguing that the lower court erroneously "predetermined" the outcome of their case even before they filed their latest complaint.
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February 18, 2026
Live Nation Antitrust Claims Heading To Trial
A New York federal judge on Wednesday refused a bid from Live Nation Entertainment Inc. to avoid a looming trial in a case from the U.S. Department of Justice and state enforcers accusing it of monopolizing the live entertainment industry.
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February 18, 2026
4th Circ. Rejects Under Armour's Coverage Rehearing Request
The Fourth Circuit on Wednesday rejected Under Armour's request to reconsider a recent ruling that capped its coverage for a securities class action, government investigations and derivative matters at $100 million.
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February 18, 2026
PayPal 'Too Optimistic' With 2027 Forecast, Investors Say
PayPal was hit with a shareholder's proposed class action accusing it and its executives of damaging investors by walking back positive guidance and a strong growth trajectory for its branded checkout segment earlier this month.
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February 18, 2026
NC Biz Court Slashes Tex-Mex Chain's Trade Secrets Case
The former manager of an upscale Tex-Mex restaurant in North Carolina pared down a trade secrets suit accusing him of replicating the dining concept at another restaurant in Missouri, with a state judge throwing out all but one breach of contract claim against him.
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February 18, 2026
Amazon Says Atty Accused Of TM Scheme Used AI Citations
Amazon has told a Seattle federal judge that California attorney Kathy Q. Hao relied on artificial intelligence-hallucinated case law in her effort to escape its lawsuit accusing her of participating in a fraudulent trademark scheme, urging the court to weigh sanctions against the lawyer over what the e-commerce and technology giant called "fabricated citations."
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February 18, 2026
DOJ Allowed To Dictate Pay, Term Of Google Search Watchers
A D.C. federal judge sided with the U.S. Department of Justice on Tuesday regarding the key terms of service for the five-member technical committee tasked with observing Google's compliance with mandates to prop up rival search engines with search results and data.
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February 18, 2026
PTAB Axes Showerhead Patent After Squires-Ordered Do-Over
A split Patent Trial and Appeal Board on Wednesday found that all of the claims in a Delta Faucet patent for a light on a showerhead were invalid, after the head of the U.S. Patent and Trademark Office told the board to take another look at Kohler's challenge to the patent.
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February 18, 2026
Amazon Rips FTC's 'Farfetched' Antitrust Discovery Refusals
Amazon slammed the Federal Trade Commission on Tuesday for treating discovery "as a one-way road" in the agency's antitrust case against the e-commerce giant, calling on a Seattle federal judge to again order the agency to cough up answers that the company says are key to formulating its defense.
Expert Analysis
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5 Tariff And Trade Developments To Watch In 2026
A new trade landscape emerged in 2025, the contours of which will be further defined by developments that will merit close attention this year, including a key ruling from the U.S. Supreme Court and a review of the U.S.-Mexico-Canada Agreement, says Ted Posner at Baker Botts.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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5 Coverage Considerations For Couture And Cosmetics Cos.
Fashion, beauty and cosmetic companies getting ready for 2026 shouldn't neglect important insurance considerations, including stand-alone policies for specialized risk and check-ins with supply chain partners on policy requirements, say attorneys at K&L Gates.
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2025 Calif. Banking Oversight Centered On Consumer Issues
The combination of statutory reform, registration mandates and enforcement activity in 2025 signals that California's financial regulatory landscape is focused on consumer protection, particularly in the areas of crypto kiosk fee practices, earned wage access providers and elder fraud, say attorneys at Ropes & Gray.
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The Major Securities Litigation Rulings And Trends Of 2025
The past 12 months saw increased regulator focus on disclosures concerning artificial intelligence, signs of growing judicial scrutiny at the class certification stage, and shifting regulatory priorities at the U.S. Securities and Exchange Commission — all major developments that may significantly affect securities litigation strategy in 2026 and beyond, say attorneys at Debevoise.
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Labubu Highlights Evolving IP Strategies In Modern Markets
Pop Mart's decision not to pursue U.S. patents for its Labubu plush dolls — relying instead on expressive rights — is rational given the nature of the product and the velocity of the market, and also underscores broader structural issues that may hold the U.S. patent system from keeping pace with modern markets, says Tina Dorr at Barnes & Thornburg.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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5 Lender Strategies When A Commercial Borrower Defaults
With an estimated $2 trillion in commercial real estate loans set to mature by 2027, now is an opportune time for lenders to review practices on both the front and back ends, and understand the full range of options available in the event of a default, says Keith Mundrick at Amundsen Davis.
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Changes In Crypto, Cybersecurity Defined NY Banking In 2025
The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.
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Reviewing 2025's Most Pertinent Wiretap Developments
2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.
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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.