Retail & E-Commerce

  • February 18, 2026

    NY Bill Would Allow Low-THC Drinks In Liquor Stores

    A new bill introduced in the New York State Legislature would permit alcohol retailers to sell low-potency cannabis-infused beverages with up to 5 milligrams of THC and impose a new tax on their sale.

  • February 18, 2026

    Neutrogena Paying $4.7M To Settle BIPA Suit Over App

    A former Johnson & Johnson subsidiary has agreed to pay $4.7 million to settle a potential class action claiming it unlawfully stored and collected facial scans of people who used its Neutrogena Skin360 tool, according to a filing in New Jersey federal court.

  • February 18, 2026

    Amazon Escapes Fired Pansexual Worker's Bias Suit

    An Illinois federal judge tossed a pansexual Amazon worker's bias suit claiming that a colleague called him a homophobic slur and that he was fired for complaining about it, ruling he can't overcome evidence that he was terminated for racking up too much "idle time" on the job.

  • February 18, 2026

    3 Firms Advise On $3.1B Mister Car Wash Take-Private Deal

    Private equity firm Leonard Green & Partners LP has agreed to purchase all outstanding Mister Car Wash Inc. shares not owned by Leonard Green affiliates at a $3.1 billion enterprise value, the car wash brand announced Wednesday.

  • February 17, 2026

    Unilever's Deal Over Benzene Allegations Hits Speed Bump

    A Connecticut federal judge on Tuesday declined to grant preliminary approval to a proposed $3.6 million class action settlement with Unilever to end claims that certain aerosol dry shampoo propellants contained benzene, saying the settlement class is too broad and that the covered time period goes back too far. 

  • February 17, 2026

    Walgreens Can't Ditch 'Dishwasher Safe' Cutlery Dispute

    An Illinois federal judge largely rejected a bid from Walgreen Co. and other companies to ditch a proposed class consumer suit targeting plastic cutlery that melted in a dishwasher, saying the customer has plausibly alleged that the utensils' front packaging label features a misleading claim that they are "dishwasher safe."

  • February 17, 2026

    4th Circ. Won't Revive Advance Auto Parts Fraud Suit

    The Fourth Circuit on Tuesday declined to revive a suit by investors claiming Advance Auto Parts and its top brass misled them about the failure of a new pricing strategy and about accounting errors, ruling they failed to allege the auto parts retailer had wrongful intent.

  • February 17, 2026

    Atty Can't Both Lead And Rep Class In Lawsuit, NJ Court Says

    An attorney can't be both the lead plaintiff and class counsel in a class action, a New Jersey appeals court ruled Tuesday, leaning on a more than 40-year-old state supreme court decision in denying class certification in a lawsuit accusing an electric bike maker of selling defective products.

  • February 17, 2026

    Fed. Circ. Greenlights $71M Christmas Tree Patent Verdict

    The Federal Circuit on Tuesday affirmed a $71.4 million judgment against Polygroup Ltd. for infringing rival Willis Electric Co. Ltd.'s artificial prelit Christmas tree patent, rejecting Polygroup's arguments that the patent was invalid and Willis' damages expert should have been excluded.

  • February 17, 2026

    NC Justices Asked To Undo Earth Fare Founder's $195K Award

    Organic supermarket chain Earth Fare and its post-bankruptcy owner told North Carolina's top court on Tuesday that its founder can't recover damages for work he was salaried to do while revitalizing the brand, saying the justices should unravel a $195,000 unjust enrichment verdict in his favor.

  • February 17, 2026

    Union Says Express Scripts Diverted Billions In Kickback Fees

    A Chicago plumbers union healthcare fund told an Illinois federal court Tuesday that the nation's largest pharmacy benefit manager, Express Scripts, violated federal criminal law when it used a Switzerland-based company to hide kickbacks it generated by charging drug companies fees for key placement on prescription plan drug lists.  

  • February 17, 2026

    Pepsi And Walmart Inflated Soda Prices, ND Businesses Say

    Pepsi and Walmart devised a plan to inflate prices for Pepsi soft drinks above competitive levels, two North Dakota businesses said in a proposed class action in New York federal court that alleges the companies violated federal antitrust laws.

  • February 17, 2026

    CoStar Rival Urges High Court To Reject Antitrust Appeal

    A rival accusing CoStar of blocking competition for commercial real estate listing services is urging the U.S. Supreme Court not to review a ruling that revived the rival's counterclaims, saying that CoStar just disagrees with how the appeals court viewed the allegations.

  • February 17, 2026

    NY Regulators, Cannabis Biz Challenge Town's Zoning Policy

    New York cannabis regulators and a licensed cannabis business have urged a state appellate court to find that the state's marijuana law preempts localities from enforcing more stringent location policies for marijuana stores than what is found in state law.

  • February 17, 2026

    Packaging Co. Says Stiiizy Owes $7M On Breached Contracts

    All Packaging Co. LLC is suing Stiiizy Inc., alleging in California federal court that the cannabis company is in breach of a pair of contracts and has failed to pay around $7 million under those agreements.

  • February 17, 2026

    Ga. Justices Order Do-Over In Challenge To Auto Dealer Regs

    The Georgia Supreme Court ordered a trial court Tuesday to redo its analysis of an electric carmaker's challenge to the state's prohibition on direct-to-consumer auto sales, ruling that the court failed to consider whether the ban comported with the state Legislature's constitutional prerogatives.

  • February 17, 2026

    Kids Cup Brand Says Testing Co. Missed High Lead Levels

    A Massachusetts testing firm failed to identify higher-than-allowed lead levels in a line of stainless steel tumblers marketed for children, leading to a recall of about 400,000 cups, the brand's owner alleged in a state court complaint docketed Tuesday.

  • February 17, 2026

    Fla. High Court Asked To Revive Pot Ballot Initiative

    The sponsor of a ballot initiative that would legalize recreational cannabis in Florida asked the state's high court Monday to take up its appeal of a ruling that said directives handed down to county election supervisors that invalidated more than 70,000 signatures were not unlawful.

  • February 17, 2026

    Full Fed. Circ. Won't Review Car Seat Patent Case

    The full Federal Circuit has declined to hear arguments from Wonderland Switzerland AG that it should undo a panel's reversal of part of a ruling that Evenflo Co. infringed a patent covering car seats.

  • February 17, 2026

    Fed. Circ. Lets Duty-Free Status Stick For Magnetic Dividers

    The Federal Circuit affirmed duty-free treatment Tuesday for certain magnetic shelf dividers from China, saying the U.S. Department of Commerce was allowed to use interpretive information to determine whether duty orders on flexible magnets applied.

  • February 17, 2026

    Battery Co. Calls Energizer's Trade Secret Claims 'Meritless'

    A California battery company accusing Energizer and Walmart of colluding to fix retail battery prices said Energizer's counterclaims of inducing an account manager to steal trade secrets were "tactical and meritless" and has asked a federal judge to dismiss them.

  • February 13, 2026

    Novel Calif. Data Deletion Tool Off To Hot Start, Director Says

    Despite a relatively quiet rollout, more than 170,000 California residents have signed up for a first-of-its-kind system that allows them to ask all registered data brokers to delete their personal information in a single request, positioning the tool as a strong model for other states similarly looking to boost consumer protections, the executive director of the state's privacy regulator told Law360.  

  • February 13, 2026

    FullBeauty Can't Nix Wash. Anti-Spam Suit As Unconstitutional

    A Seattle federal judge rejected an apparel retailer's arguments that a Washington state anti-spam law is unconstitutional and preempted by federal law, ruling that a consumer's proposed class action against FullBeauty Brands can move forward.

  • February 13, 2026

    4th Circ. Gives Models 2nd Shot At Suit Over Stolen Photos

    Several models who said a nightclub used their photos without permission will have another chance at pursuing their trademark infringement claims after the Fourth Circuit on Friday found that the models' failure to respond to the club's motion to dismiss within 14 days was no reason to toss the suit.

  • February 13, 2026

    PTAB Largely Invalidates Men's Underwear Patent Claims

    The Patent Trial and Appeal Board has thrown out most of the claims in a patent on tight-fitting undergarments for men, handing a win to challenger Tommy John after being accused of infringing the patent in New York federal court.

Expert Analysis

  • 3 Key Takeaways From Planned Rescheduling Of Cannabis

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    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.

  • 6 Issues That May Follow The 340B Rebate Pilot Challenge

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    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.

  • 5 E-Discovery Predictions For 2026 And Beyond

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    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.

  • Reviewing Historical And Recent NYDFS Blockchain Guidance

    Excerpt from Practical Guidance
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    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.

  • Business Considerations Amid Hemp Product Policy Change

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    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.

  • Disney's OpenAI Deal Could Be Turning Point In IP Licensing

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    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.

  • Series

    Judges On AI: How Courts Can Boost Access To Justice

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    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.

  • Opinion

    DHS' Parole Termination Violates APA And Due Process

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    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.

  • Shopify Suit Is An Early Antitrust Test Of 'Buy Now, Pay Later'

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    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.

  • Opinion

    The Case For Emulating, Not Dividing, The Ninth Circuit

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    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.

  • Series

    Mass. Banking Brief: All The Notable Legal Updates In Q4

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    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.

  • Series

    Muay Thai Makes Me A Better Lawyer

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    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.

  • Higher Expectations For 'Schedule A' IP Suits On The Horizon

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    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.

  • Series

    Law School's Missed Lessons: Intentional Career-Building

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    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.

  • State AG Enforcement During CFPB Gap Predicts 2026 Trends

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    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.

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