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Retail & E-Commerce
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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.
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February 18, 2026
TD Bank Customers Seek OK Of $2.5M Debt Collection Deal
A class of West Virginia TD Bank credit card holders asked a federal judge to grant final approval to a $2.5 million settlement to end claims the bank improperly used different names when collecting debt.
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February 18, 2026
US, Japan Announce $36B In Projects As Part Of Trade Deal
Japan and its companies will undertake new investments in U.S. manufacturing and energy production facilities that total nearly $36 billion, the U.S. and Japanese governments announced as part of a framework trade agreement and confirmed Wednesday.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Union Interference Lessons From 5th Circ. Apple Ruling
The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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High Court E-Cig Ruling Opens Door For FDA Challenges
There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.
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How 9th Circ. Customs Ruling Is Affecting FCA Litigation
The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Ruling Puts 11th Circ. At Odds With Bankruptcy Courts
While an Eleventh Circuit majority recently found in BenShot v. 2 Monkey Trading and Lucky Shot USA that corporate debtors, like individuals, face certain exceptions to discharge under a nonconsensual Subchapter V plan, the ruling not only reverses the lower court, but opposes the holdings of many other bankruptcy courts, say attorneys at McDermott.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.