Retail & E-Commerce

  • February 02, 2026

    Netflix Slams HBO Max User's Challenge To Warner Bros. Deal

    Netflix argued that an HBO Max subscriber lacks standing to challenge its plan to buy Warner Bros. Discovery, telling a California federal judge Friday that the subscriber doesn't show how the merger would injure her, as she's never subscribed to Netflix and doesn't say she plans to.

  • February 02, 2026

    5th Circ. Panel Blushes At Starbucks Worker's Snapchat Notes

    A Fifth Circuit panel pressed the National Labor Relations Board to explain why Starbucks lacks the ability to fire a union organizer who used excessively colorful language in private messages to co-workers, saying Monday the language used would "make any of us blush."

  • February 02, 2026

    Fed. Circ. Grapples With AI Patent Eligibility In Amazon Case

    A Federal Circuit panel on Monday expressed skepticism about Rensselaer Polytechnic Institute's argument that an artificial intelligence-related patent it sued Amazon over was wrongly invalidated as abstract, though the court seemed wary of issuing a ruling that could render all AI unpatentable.

  • February 02, 2026

    Ill. Distributor Sues Over Axed THC Seltzer Contract

    A Chicago area beer distributor has sued the company behind Wynk THC seltzers in Illinois federal court, claiming it should be made whole after the seltzer company abruptly terminated their exclusive distribution agreement without fairly paying for the distribution network that was essentially built from scratch.

  • February 02, 2026

    First Woman Justice Elected To Wash. High Court To Retire

    Washington State Supreme Court Justice Barbara A. Madsen, the first woman to be voted onto the court and the second-longest serving justice in state history, said Monday she plans to retire this spring after 33 years on the bench.

  • February 02, 2026

    Monthly Merger Review Snapshot

    U.S. enforcers reached three new merger settlements, while the Federal Trade Commission successfully blocked a $945 million heart valve deal and lodged an appeal for its case targeting Meta's past acquisitions.

  • February 02, 2026

    7th Circ. Hands Dead Packaging Worker's 401(k) To Ex-Wife

    The Seventh Circuit awarded the 401(k) account balance of a dead Packaging Corp. of America worker to his ex-wife Monday, concluding that a lower court erred in determining she wasn't entitled to benefits based on a fax requesting a beneficiary designation change that he transmitted after a divorce.

  • February 02, 2026

    Split Fed. Circ. Won't Revive Massager Design Patent Case

    A Maine federal judge properly found Armaid Co. Inc. didn't infringe Range of Motion Products LLC's design patent covering a personal massage device, a divided Federal Circuit held Monday.

  • February 02, 2026

    FTC Says Bezos, Amazon Execs Hid Evidence Via Signal App

    The Federal Trade Commission asked a Washington federal judge to assume Amazon.com Inc. used auto-deleting Signal chats to hide the "anticompetitive nature" of rules that allegedly created an artificial pricing floor across online retail, escalating a long-simmering evidentiary fight that implicates Jeff Bezos and general counsel David Zapolsky.

  • February 02, 2026

    DOJ Opposes Google's Bid For Partial Search Remedy Pause

    The U.S. Department of Justice and state enforcers are opposing Google's bid to pause parts of the remedies imposed after a D.C. federal court found it monopolized the search market, while the tech giant appeals the ruling to the D.C. Circuit.

  • February 02, 2026

    Trump, Modi Say US-India Trade Deal Reached

    President Donald Trump said Monday he reached a trade deal with India following a call with Prime Minister Narendra Modi that includes lowering the tariff rate on Indian goods entering the U.S. from 50% to 18%.

  • February 02, 2026

    NFL, Fanatics Bolster Attempt To Toss Fans' Monopoly Suit

    The NFL and Fanatics pushed a New York federal court to toss a fan lawsuit that accused the pair of monopolizing the online retail market for league merchandise, arguing a previously dismissed lawsuit already found the plaintiffs' arguments defective.

  • February 02, 2026

    RI Officials Fight Two Bids To Block Pot Licensing Scheme

    The Rhode Island Cannabis Control Commission is pushing back on a pair of motions seeking to block its social equity cannabis licensing program, arguing in both cases that the residency requirement does not run afoul of the U.S. Constitution's dormant commerce clause.

  • February 02, 2026

    Amazon Shoppers' Counsel Admit To AI Errors In Motion

    Lawyers representing Amazon customers in a proposed class action over supplement labeling have apologized to a Seattle federal judge for artificial intelligence hallucinations included in a recent filing, acknowledging "certain miscitations and misquotations" resulted from a Just Food Law PLLC attorney's use of the nascent technology and a failure by Boies Schiller Flexner LLP co-counsel to catch the errors.

  • February 02, 2026

    Vape Sellers Say Texas' China Liquid Ban Is Unconstitutional

    A group of vape distributors and retailers is suing to block enforcement of a new Texas law prohibiting the sale of e-cigarettes using liquid from China and other "adversaries" of the U.S., saying the law is unconstitutional as only Congress can regulate trade with foreign countries.

  • January 30, 2026

    Google Can't Ditch $425M Privacy Verdict, But Won't Owe $2B

    A California federal judge on Friday refused to decertify a class of Google users who scored a $425 million jury verdict in their privacy suit; however, he also shot down the consumers' request that Google shell out an additional $2.36 billion in disgorgement of profits.

  • January 30, 2026

    Kroger, Albertsons Look To Block FTC Testimony Handover

    Grocery giants Albertsons and Kroger asked a California federal judge to protect sensitive expert testimony that helped the Federal Trade Commission torpedo their planned merger in 2024, which a new FTC target said is urgently needed to show that the regulator is creating contradictory market analyses.

  • January 30, 2026

    Brewery Ownership Condition Takes Spotlight In Beer IP Fight

    SweetWater Brewing Co.'s chief executive officer asked a Georgia federal judge for an early win Friday in a copyright suit brought by the creator of the company's trout logo, taking aim at the claim that SweetWater could only use the artwork as long as the CEO remained the brewery's owner.

  • January 30, 2026

    CBD Cos. Say They're Wrong Defendants In Kratom Suit

    Shaman Botanicals LLC and CBD American Shaman LLC are urging a California federal judge to throw out claims that they mislead consumers by failing to warn them that Soma Kratom products are dangerous and addictive, saying they're not affiliated with Soma Kratom in the first place.

  • January 30, 2026

    Creditors Given Weekend To Review Saks Off 5th Closures

    A Texas bankruptcy judge on Friday indicated that he will approve Saks Global's emergency motion to close the majority of its Saks Off 5th retail locations and its remaining Neiman Marcus Last Call stores, but not until Monday at the earliest.

  • January 30, 2026

    Pa. Restaurant Wants Walmart To OK Roof Permit

    A Pennsylvania restaurant claims in a complaint in Pennsylvania state court that its Walmart Inc. landlord has failed to approve a permit for replacing the restaurant's "old and deteriorated" roof.

  • January 30, 2026

    Fanatics, Leagues Want Out Of Card Buyers' Antitrust Suit

    Trading card customers accusing Fanatics of manipulating the market through its exclusive deals with the major sports leagues make premature and implausible conclusions, the collectibles giant told a New York federal judge in its bid to dismiss the suit.

  • January 30, 2026

    Allergan Sued Over 'Preservative Free' Eyedrop Labeling

    AbbVie unit Allergan USA was hit with a proposed false advertising class action Wednesday in Illinois state court by two customers alleging that the company labeled its eyedrops as "preservative free" despite the fact that they contain boric acid. 

  • January 30, 2026

    1st Circ. Revives Ex-Hasbro Workers' Religious Vax Bias Suit

    Two former Hasbro employees who sought religious exemptions from the company's COVID-19 vaccination policy plausibly alleged they were disciplined because of their accommodation requests, the First Circuit ruled, reviving the workers' retaliation and discrimination suit.

  • January 30, 2026

    DOJ Requires Divestitures For Reddy Ice-Arctic Glacier Tie-Up

    The U.S. Department of Justice Antitrust Division is forcing Reddy Ice to divest assets in five geographic areas in order to win approval for a $126 million acquisition of competitor Arctic Glacier.

Expert Analysis

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • How Payments Law Landscape Will Evolve In 2026

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    After a year of change across the payments landscape, financial services providers should expect more innovation and the pushing of regulatory boundaries, but should stay mindful that state regulators and litigation will continue to challenge the status quo, say attorneys at Troutman.

  • Opportunities Amid The Challenges Of Trump's BIS Shake-Up

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    The Trump administration’s continuing overhaul of the Bureau of Industry and Security has created enormous practical challenges for export compliance, but it potentially also offers a once-in-a-generation opening to advocate for simplifying and rationalizing U.S. export controls, say attorneys at Gibson Dunn.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • FDA's 2025 Enforcement Scorecard Highlights Data Focus

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    The U.S. Food and Drug Administration's increased enforcement activity in 2025 was driven by artificial intelligence and a focus on foreign manufacturers, necessitating proactive compliance strategies for an environment that is increasingly reliant on data, say attorneys at Reed Smith.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • NJ Ruling Sheds Light On When 'Stub Rent' Must Be Paid

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    A New Jersey bankruptcy court's recent decision in New Rite Aid affirms that landlords can have "stub rent" treated as an administrative expense and highlights critical considerations for debtors, including the importance of deciding when and where to file for bankruptcy, say attorneys at Cleary.

  • Navigating Privilege Law Patchwork In Dual-Purpose Comms

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    Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

  • Cannabis Industry Faces An Inflection Point This Year

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    Cannabis industry developments last year — from the passage of a new wholesale tax in Michigan, to an executive order accelerating the federal rescheduling process — presage a more mature phase of legalization this year, with hardening expectations and enforcement to come, says Alex Leonowicz at Howard & Howard.

  • Series

    Fly-Fishing Makes Me A Better Lawyer

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    Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

  • 4 Ways GCs Can Manage Growing Service Of Process Volume

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    As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q4

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    In the fourth quarter of last year, New York state enacted several developments that affect financial services regulation and business, cementing upcoming compliance obligations including cybersecurity best practices and retail stores' cash management, says Chris Bonner at Barclay Damon.

  • IP Appellate Decisions Show 4 Shifts In 2025

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    In 2025, intellectual property decisions issued by the Ninth, D.C., and Federal Circuits trended toward tightening doctrinal boundaries, whether to account for technological developments in existing legal regimes, or to refine areas with some ambiguity, says Nate Sabri at Perkins Coie.

  • Series

    The Law Firm Merger Diaries: Forming Measurable Ties

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    Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

  • AG Watch: Va. Insulin Price Probe Signals Rising Scrutiny

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    Virginia Attorney General Jason Miyares' recent investigation into insulin manufacturers and pharmacy benefit managers for allegedly colluding to artificially inflate insulin prices reflects a broader trend to leverage consumer protection authority in high-impact healthcare matters, and the upcoming leadership change is unlikely to diminish scrutiny in this area, says Chuck Slemp at Cozen O'Connor.

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