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Retail & E-Commerce
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February 25, 2026
EBay Settles Bloggers' Stalking Suit Before Trial
Auction site eBay and several former executives on Wednesday reported settling a lawsuit brought by a Massachusetts couple who say they were subjected to a campaign of stalking and harassment after publishing articles critical of the company's leadership on their blog.
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February 24, 2026
9th Circ. Grants Atty Fee Appeal In Eye Drop Pricing Suit
District courts cannot reduce fee awards to attorneys based on a firm's size, the Ninth Circuit ruled in a published opinion Tuesday, sending a case back to a California federal court to recalculate attorney fees awarded to a "small" firm that represented wholesalers in a Robinson-Patman Act suit against eye drop manufacturers.
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February 24, 2026
Trump Says Countries Will Keep Deals Despite Tariff Ruling
President Donald Trump said trade deals reached with countries underpinned by tariffs invalidated by the U.S. Supreme Court would continue to be honored during his State of the Union on Tuesday evening, although it remained unclear precisely how those duty terms will be reimposed domestically.
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February 24, 2026
7th Circ. Questions Keeping 5 NEC Suits In Federal MDL
A Seventh Circuit panel seemed hesitant Tuesday to back an Illinois federal court's finding that several Pennsylvania-based necrotizing enterocolitis suits should stay in multidistrict litigation involving similar cases, as one judge suggested that supporting the lower court's fraudulent joinder analysis could put district judges in a "tough spot."
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February 24, 2026
Munchkin Can't Arbitrate Ex-GC's 'War On Families' Suit
Baby products brand Munchkin Inc. lost its bid to arbitrate its former general counsel's suit alleging he was fired for complaining about the company's "war on families," after a California judge ruled a sexual harassment claim added in an amended version of his suit exempted him from mandatory arbitration.
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February 24, 2026
Protective Gear Co. Misled On Tariffs, Acquisitions, Suit Says
Protective apparel company Lakeland Industries Inc. has been hit with an investor's proposed class action accusing it of damaging shareholders with misleading statements about the value of two companies it had acquired and the impact of tariffs.
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February 24, 2026
Amazon Should Be Barred From Price Fixing, Calif. AG Says
California's attorney general urged a state court in San Francisco to bar Amazon from engaging in price fixing, citing newly "uncovered" evidence in the state's unfair competition lawsuit that the e-commerce giant allegedly pressured vendors to raise prices on competing retailers' websites.
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February 24, 2026
IPhones Are Radios, Not Phones, Under Wash. Consumer Law
A federal judge tossed a case accusing Apple, Best Buy and Walmart of breaking a Washington state law meant to protect telephone buyers, ruling in a matter of first impression that iPhones qualify as radio equipment, not telephone handsets, for the purposes of the state's Telephone Buyers' Protection Act.
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February 24, 2026
Agri Stats To Face DOJ In May Info-Sharing Antitrust Trial
A Minnesota federal judge refused Tuesday to let Agri Stats duck the U.S. Department of Justice's antitrust case alleging the companies' protein industry reports help major producers hike prices, teeing up the case for trial and at the same time allowing the government to take over an early May trial slot.
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February 24, 2026
Quince Says Uggs Maker Runs 'A Litigation Assembly Line'
Retailer Quince has sued Ugg bootmaker Deckers Outdoor Corp. in California federal court, saying it runs "a litigation assembly line" churning out "sham" lawsuits to block competitors, as the companies head toward a June trial in separate litigation over Deckers' trade dress and patent infringement claims against Quince.
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February 24, 2026
Ex-Flying J Owner's 401(k) Offerings 'Inferior' Says Mass. Suit
FJ Management Inc.'s retirement plan included a "dramatically inferior" series of target-date funds that caused investors to lose out on millions of dollars, a plan participant has claimed in a complaint filed in Massachusetts federal court.
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February 24, 2026
Fed. Circ. Won't Revive AI Patent After Alice Invalidation
The Federal Circuit on Tuesday backed a New York federal judge's finding that a Rensselaer Polytechnic Institute artificial intelligence-related patent was invalid as abstract, handing a win to Amazon in the case targeting its Alexa virtual assistant.
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February 24, 2026
Personal Injury Firm Fights Sanctions Bid In Swipe-Fee Case
A personal injury firm and its referral partner have pushed back against a sanctions bid from a class of merchants in a long-running antitrust litigation against Visa and Mastercard over swipe fees, arguing the plaintiffs are seeking "drastic relief" without a showing that any class member was harmed by allegedly misleading information the firm gave them.
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February 24, 2026
Instagrammer Drops Indemnification Suit Against Ex-Co.
Instagram celebrity Dan Bilzerian is dropping a suit against the company he used to run that sought indemnification for a defamation suit, stipulating to the dismissal of the case without prejudice.
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February 24, 2026
Calif. Firm Says Texas Immunity Law Blocks $11M Fee Suit
A California law firm is urging an Austin federal judge to dismiss claims that it participated in unlawfully withholding $11 million in attorney fees from a Texas law firm that allegedly helped secure a nine-figure verdict against Walmart, arguing a Texas immunity law protects the Golden State firm from being held liable to non-clients.
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February 24, 2026
Stop & Shop 'Flushable' Wipes Suit Voluntarily Thrown Out
A Massachusetts man's proposed class action alleging supermarket chain Stop & Shop misleadingly marketed personal care wipes as "flushable" was voluntarily dismissed on Monday, weeks after a federal judge rejected the plaintiff's request to tag in replacement plaintiffs, as well as the grocer's bid for his employment records.
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February 24, 2026
Tesla Gets Worker's Retaliation Suit Kicked To Arbitration
A worker will have to arbitrate his claims that Tesla harassed him into resigning for complaining about alleged racial discrimination at the electric vehicle maker's Fremont, California, factory, a federal judge ruled, rejecting his argument that an arbitration pact he signed wasn't enforceable.
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February 24, 2026
Greenberg Traurig Hires Morgan Lewis Benefits Atty In Boston
Greenberg Traurig LLP added to what it called its "strategic expansion" by bringing on a benefits and employment attorney who had previously served as managing partner of Morgan Lewis & Bockius LLP's Boston office.
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February 23, 2026
FedEx, Bausch, Other Cos. Join Race For Tariff Refunds
FedEx, Bausch & Lomb and L'Oreal are among the companies that raced to the U.S. Court of International Trade on Monday seeking full refunds of the trade duties they paid as a result of the 2025 tariffs that President Donald Trump illegally imposed under the International Emergency Economic Powers Act.
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February 23, 2026
NY Pitches Pay-Later Oversight Rules, Borrower Protections
Buy-now-pay-later providers in New York would face new licensing and supervision requirements, consumer disclosure standards, fee limits and other restrictions under draft rules unveiled Monday by the state's financial services regulator.
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February 23, 2026
Wolverine Says Michigan's PFAS Demands Exceed Settlement
Wolverine World Wide has asked a federal judge to resolve a disagreement with Michigan environmental officials over the scope of one of its obligations stemming from a settlement resolving the shoemaker's liability for so-called forever chemicals.
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February 23, 2026
Apple Snuffs Out Suit Over 'Carbon Neutral' Claims, For Now
A California federal judge has tossed with leave to amend a proposed class action accusing Apple of falsely advertising that certain Apple Watches are "carbon neutral," finding the consumers fail to back their "unsubstantiated assumptions" about carbon neutrality with reliable third-party analyses.
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February 23, 2026
Tempur-Pedic Maker Hits Mattress Seller With TM Suit
The "world-famous" trademarks Tempur-Pedic and Sealy are being violated by a small mattress seller that is continuing to use the marks well beyond the end of a retail agreement, Sealy Technology LLC told a North Carolina federal court.
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February 23, 2026
Outdoors Co. Says Investor Allowed Trademark Rights Sale
A Nevada investment company and two of its officers breached their contract with Colorado-based outdoor recreation company Exxel Outdoors LLC and allowed an unauthorized sale of Exxel's trademark rights to occur without notice, it alleged in Colorado state court.
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February 23, 2026
Senate Dems Aim To Require Refunds Of Illegal Trump Tariffs
Senate Democratic lawmakers introduced legislation Monday to require the federal government to issue refunds to importers for duties paid that were imposed by President Donald Trump under the International Emergency Economic Powers Act, following the U.S. Supreme Court's ruling deeming those measures unlawful.
Expert Analysis
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3 Key Takeaways From Planned Rescheduling Of Cannabis
An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.
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6 Issues That May Follow The 340B Rebate Pilot Challenge
Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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Reviewing Historical And Recent NYDFS Blockchain Guidance
Excerpt from Practical Guidance
An industry letter released in the fall by the New York State Department of Financial Services, together with guidance issued over the past decade, signals a heightened regulatory expectation for covered institutions regarding the use of blockchain analytics and requires review, says Nicole De Santis at Nomadis Consulting.
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Business Considerations Amid Hemp Product Policy Change
With the passage of a bill fundamentally narrowing the federal definition of "hemp," there are practical and business considerations that brands, manufacturers and other parties should heed over the next year, including operational strategies, evaluating contract and counterparty risk, and tax implications, say attorneys at Foley Hoag.
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Disney's OpenAI Deal Could Be Turning Point In IP Licensing
The Disney-OpenAI agreement last month is less an anomaly than an early attempt to define what licensed generative use of entertainment intellectual property looks like in practice, including how artificial intelligence user-generated content is permitted without eroding ownership and control, says Alex Locke at Meister Seelig.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
DHS' Parole Termination Violates APA And Due Process
The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.
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Shopify Suit Is An Early Antitrust Test Of 'Buy Now, Pay Later'
An ongoing antitrust suit in Minnesota federal court filed by Sezzle against Shopify — one of the earliest such lawsuits focused on buy now, pay later services — could play a particularly informative role in how short-term credit offerings and the broader market develop, say attorneys at Alston & Bird.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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Series
Mass. Banking Brief: All The Notable Legal Updates In Q4
Among the most significant developments on the banking regulation front in Massachusetts last quarter, Attorney General Andrea Joy Campbell announced her bid for reelection, and the state Division of Banks continued its fintech focus by finalizing rules implementing a new money transmitter law, say attorneys at Nutter.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Higher Expectations For 'Schedule A' IP Suits On The Horizon
Two 2025 rulings may reflect a growing judicial discomfort with the current state of Schedule A litigation — intellectual property lawsuits that typically involve brand owners suing multiple defendants doing business on e-commerce platforms — and that evidentiary submissions and temporary restraining order requests may face more rigorous review, says Dylan Scher at Quinn Emanuel.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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State AG Enforcement During CFPB Gap Predicts 2026 Trends
State attorneys general responded to the decrease in Consumer Financial Protection Bureau enforcement in 2025 by stepping in to regulate consumer finance more than ever before, and the trends in rebooting CFPB investigations, cracking down on ESG and DEI initiatives, and fighting financial exploitation of homeowners will likely extend into 2026, say attorneys at Cozen O'Connor.