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Retail & E-Commerce
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January 23, 2026
10th Circ. Asked To Overturn Mail Scam Fraud Convictions
Two former Epsilon Data Management LLC employees convicted for their roles in selling data to mail scammers who preyed on the elderly and vulnerable asked the Tenth Circuit to overturn their convictions Friday, while the panel questioned the government's conspiracy case against Epsilon's former business manager.
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January 23, 2026
Instacart, DoorDash, Uber Can't Block NYC's Delivery Laws
Two New York federal judges rejected requests by delivery companies Instacart, DoorDash and Uber to halt New York City laws regulating tipping options, minimum wage and disclosure requirements, saying that the companies didn't support their arguments that the laws violate the First Amendment and federal preemption principles.
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January 23, 2026
Bipartisan House Bill Would Regulate Hemp-Derived CBD
Members of Congress on Thursday unveiled a bipartisan bill to legalize and regulate the manufacture and sale of hemp-derived CBD products, while a federal ban on virtually all consumable hemp products is still due to take effect in approximately 10 months.
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January 23, 2026
News Rating Org. Latest To Fight 'Ideological' FTC Subpoena
News rating organization NewsGuard became the latest group to challenge a Federal Trade Commission subpoena looking for censorship of conservative viewpoints, asking the agency to quash information demands it said was born of FTC Chairman Andrew Ferguson's "ideologically motivated effort to censor and otherwise discriminate" against it.
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January 23, 2026
EU To Suspend US Tariff Countermeasures Another 6 Months
The European Union will suspend tariff countermeasures covering more than €93 billion ($110 billion) of U.S. goods another six months after President Donald Trump backed down from tariff threats this week in reaching a preliminary agreement on U.S. security interests in Greenland, an official said Friday.
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January 23, 2026
Hawaii House Bill Would Legalize, Tax Cannabis
Hawaii would allow adult-use cannabis sales in the state and tax the sales under a bill introduced in the state House of Representatives.
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January 23, 2026
Reforms, $737.5K Fee Proposed To End Del. Skin Tech Suit
A mediated deal on corporate governance reforms and a fee and expenses award have tentatively settled a consolidated Delaware Court of Chancery derivative suit targeting oversight and disclosure failures involving a "hydrafacial" skin treatment device that cost The Beauty Health Co. at least $63.2 million to manage.
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January 23, 2026
7th Circ. Says Suit Over Veteran's Photo Is Time-Barred
The Seventh Circuit has declined to reinstate a military veteran's claims that a photo of him on patrol in Afghanistan was improperly licensed and sold as a poster by online retailers, saying the case is time-barred since the statute of limitations clock began when the photo was published and not when he discovered it.
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January 23, 2026
Saks Gets OK To Start Liquidating Online Unit's Inventory
A Texas bankruptcy judge gave one of Saks' online affiliates permission to get the ball rolling on an inventory liquidation after the retailer said a quick sale is needed to meet its lenders' terms for allowing it to use cash collateral.
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January 23, 2026
Latham, Davis Polk Guide Construction Gear Co.'s $747M IPO
Construction equipment rental company EquipmentShare began trading Friday after raising $747 million at the midpoint of an expected range in an initial public offering guided by Davis Polk & Wardwell LLP and underwriters counsel Latham & Watkins LLP.
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January 23, 2026
Live Nation Antitrust Judge Wants To 'Punt' On State Claims
A federal judge in Manhattan asked Friday whether federal and state authorities accusing Live Nation of stifling competition in live entertainment would consent to staying the state law claims and focus on federal claims in an upcoming trial so it won't end up "lasting five years."
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January 22, 2026
TikTok Seals Joint Venture Deal For US Operations
TikTok's Beijing-based owner, ByteDance, has sold a majority stake in the video app's U.S. operations to a new U.S.-based joint venture managed by a group of non-Chinese investors in order to comply with a congressional mandate and avoid the app's shutdown, the company announced Thursday.
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January 22, 2026
Google, Epic Fight Uphill To Tweak App Antitrust Injunction
A California federal judge indicated Thursday that he's unlikely to grant Epic and Google's request to modify a permanent injunction issued after a jury found Google monopolized the distribution of apps on Android devices, saying they have to show changed circumstances, and "I haven't seen anything change, other than a deal" between the companies.
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January 22, 2026
Smucker Pet Food Buyers Win Cert. In PFAS Disclosure Fight
A California federal judge certified Thursday a class of Golden State consumers who accuse The J.M. Smucker Co. of failing to disclose risks of so-called PFAS forever chemicals in certain pet food packaging, rejecting Smucker's arguments, among others, that PFAS exposure is too individualized for classwide resolution.
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January 22, 2026
DoggyPhone Sues Again Over Furbo Pet-Comms Product
Tech company DoggyPhone LLC again took aim at Tomofun on Thursday, claiming in Seattle federal court that the pet-toy maker's Furbo line of products infringes a DoggyPhone-held patent describing "systems and methods that enable remote human-pet communication."
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January 22, 2026
Ford, GM Industrial Bank Bids Get FDIC Approval
The Federal Deposit Insurance Corp. said Thursday that it has signed off on industrial loan company applications from Ford Motor Co. and General Motors Co., clearing the two automakers to open federally insured banking units over objections from community bankers.
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January 22, 2026
House Report Claims Evidence of CVS Antitrust Violations
House Judiciary Committee staffers said Wednesday that they'd uncovered "a pattern of anticompetitive activity" in CVS Health tactics aimed at coercing independent pharmacies into avoiding working with online services the company saw as a threat to its own pharmacy and pharmacy benefit manager businesses.
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January 22, 2026
FTC Defends BOTS Act Case Against Live Nation
The Federal Trade Commission urged a California federal court not to toss its case accusing Live Nation of deceiving customers and artists, saying the live events and ticketing giant failed to disclose the actual price of tickets and turned a blind eye to scalpers on its platforms.
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January 22, 2026
Investors In Korean Online Retail Giant Threaten Treaty Claim
California investment firms that hold a $1.5 billion stake in online retail giant Coupang have threatened to bring a treaty claim against South Korea over "a whole-of-government pressure campaign" initiated against the company and have asked the Trump administration to intervene, as well.
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January 22, 2026
FDA Action Shouldn't Halt Amazon Labeling Suit, Plaintiffs Say
Shoppers accusing Amazon of failing to make required disclosures on dietary supplement product pages told a Washington federal judge there's no need to pause their proposed class action amid possible rulemaking by the U.S. Food and Drug Administration, arguing that the supposed rule change wouldn't negate the suit's claims under California law.
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January 22, 2026
7th Circ. Says Mower-Maker Toro Must Face Amputation Suit
The Seventh Circuit on Wednesday reversed a win for The Toro Co. in a suit brought by a woman who lost a leg in an incident with a riding lawn mower, finding that one of her experts should be allowed to testify about brakes.
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January 22, 2026
Supplement Cos. Challenge FDA Health Claim Denials
A group of health supplement companies hit the U.S. Food and Drug Administration with a suit in D.C. federal court Wednesday alleging regulators wrongly denied them approval to make over 100 distinct claims concerning the health benefits of their products.
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January 22, 2026
Colo. Co. Can't Sue Target Again For Infringement, Court Told
A Colorado-based clothing company cannot bring claims that Target infringed the company's registered copyright on several infant sleepwear products, the retail giant told a federal judge, arguing that a prior lawsuit against Target prevents the clothing company from suing it again.
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January 22, 2026
Walmart Broke Grocery Noncompete Promise, Court Told
The owner of a suburban Pittsburgh grocery store told a Pennsylvania federal judge Thursday that a neighboring Walmart is in violation of a nearly 30-year-old deal not to compete for food sales, blaming a recent remodel for a drop in the grocer's sales.
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January 22, 2026
Designer Akris Settles FCA Claim Over Pandemic Loan
The U.S. subsidiary of Swiss designer Akris AG has agreed to pay $1.8 million to settle a False Claims Act complaint alleging the company improperly obtained a pandemic relief loan for which it was not eligible, the U.S. attorney's office in Boston announced Thursday.
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.