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Retail & E-Commerce
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March 25, 2026
Nut Co. Can Argue Pistachio Trade Dress Is Generic
A New York federal judge has allowed the majority of Nut Cravings Inc.'s counterclaims in a trademark infringement suit involving pistachios to survive, letting the company continue arguing that The Wonderful Co.'s trade dress is generic and unprotectable.
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March 25, 2026
Fake Urine Co. Says Smoke Shop Infringed Brand
The maker of Quick Fix, a synthetic urine product, is suing an Alabama smoke shop and its owner, accusing them of selling a knockoff version of its product and damaging the company's brand.
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March 25, 2026
Starbucks Roasts Consumers' Suit Doubting Ethical Sourcing
Starbucks is urging a Seattle federal judge to throw out a proposed class action accusing the java giant of playing up its "ethical sourcing" commitment despite supply chain labor violations, saying customers cannot sue based on mere disappointment with the company's coffee farm certification standards.
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March 25, 2026
Security Co. Wants Out Of Pot Store Raid RICO Suit
A security company is urging an Illinois federal court to throw out a dispensary's claims that it engaged in racketeering by assisting in an illegal raid by the dispensary's former business partners, saying the complaint fails to allege what it did to further the purported scheme.
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March 25, 2026
Mom Tying Abbott Formula To Baby's NEC Takes The Stand
A plaintiff claiming Abbott Laboratories' preterm baby formula contributed to her infant's development of a serious gut condition told an Illinois jury Wednesday that she wouldn't have allowed her baby to consume the formula had she known it increased the risk of the infection, saying her now-teenage daughter still struggles with medical complications as a result.
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March 25, 2026
Ramp Up Router Power Levels, Electronics Biz Tells FCC
Consumer electronics-makers want the Federal Communications Commission to ramp up allowed power levels for routers as one way to boost Wi-Fi performance in the U.S.
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March 25, 2026
Judge Lets NY Cannabis Licensing Challenge Proceed
Following a recent Second Circuit ruling that the dormant commerce clause applies to marijuana, a New York federal judge Wednesday rejected state cannabis regulators' bid to dismiss a constitutional challenge to their licensure program.
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March 25, 2026
Ecolab Trims But Can't Escape Mortality Table Pension Suit
A Minnesota federal judge trimmed but refused to toss a proposed class action against Ecolab Inc. from retirees who alleged their joint-and-survivor annuity pension benefits were miscalculated, holding that two early retirees who sued lacked standing and that a fiduciary breach claim was time-barred.
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March 25, 2026
Idaho Expands Retail Developer Sales Tax Rebate
Idaho expanded a sales tax rebate to reimburse developers of retail complexes for eligible transportation project expenses under a bill signed by the governor.
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March 25, 2026
Md. Tells 4th Circ. Not To Revive Pot Licensing Suit
Maryland cannabis regulators are urging the Fourth Circuit to leave dismissed a California entrepreneur's suit alleging that its social equity licensing program discriminates against out-of-state operators, saying her complaint fails to establish any real harm.
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March 24, 2026
Lowe's Says Ex-Worker's Moonlighting Class Action Falls Flat
Lowe's urged a Seattle federal judge to reject a putative class action accusing it of wrongfully barring low-wage workers from taking extra jobs elsewhere, arguing in a filing Monday that the named plaintiff in the suit made too much money and admitted never seeing the retailer's policy documents she said prohibited outside work.
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March 24, 2026
Nicotine Pouch Maker To Refile FDA Suit In DC After Transfer
The maker and seller of Zone nicotine pouches on Tuesday dismissed its own lawsuit accusing the U.S. Food and Drug Administration of unfairly holding up a market application for its product, promising to refile in D.C. federal court after a Texas federal court transferred it to South Carolina federal court.
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March 24, 2026
Wayfair's 30-Day Return Policy Is Misleading, Shopper Says
Wayfair deploys a misleading 30-day return policy for merchandise sold on its website without conspicuously disclosing at the checkout page that some items are not returnable, leading shoppers to make their purchasing decisions under false impressions, according to a false advertising suit filed Monday in a California state court.
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March 24, 2026
Jewish Worker's Time Off Need Got Him Demoted, EEOC Says
Dolgencorp LLC, the operator of Dollar General stores, violated federal law by demoting a Jewish assistant store manager due to his efforts to secure time off to observe his Sabbath, the U.S. Equal Employment Opportunity Commission said Tuesday.
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March 24, 2026
DoorDash's Zesty AI Food App Copies Rival Zest, Suit Says
Artificial intelligence-driven food discovery platform Zest Maps Inc. says DoorDash has launched its own AI-powered app called Zesty, which also includes lemon imagery, infringing Zest's name and design and causing consumer confusion, according to a lawsuit filed Tuesday in California federal court.
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March 24, 2026
Chicago Cannabis Co. Inks $250K Tip Theft Settlement
Chicago-area budtenders are asking a federal judge to approve a $250,000 deal that would end a proposed class action accusing their employer of unlawfully taking tips meant for them and giving the money to managers and supervisors.
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March 24, 2026
4th Circ. Affirms False Ads Verdict Against Chinese Pool Co.
The Fourth Circuit on Tuesday affirmed a jury verdict finding a Chinese pool parts company liable for falsely advertising its products as made in the USA as part of a larger judgment favoring a North Carolina manufacturer that has since ballooned to over $17 million.
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March 24, 2026
Wash. Store Owner, Insurer Say Tool Co. Owes $8.7M For Fire
A defective Stanley Black & Decker Inc. battery pack caused a fire that destroyed a Washington Ace Hardware store, the store owner and its insurer said Tuesday in a suit against the toolmaker in Washington federal court, seeking to recover more than $8.7 million in damages.
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March 24, 2026
ITC Opens More Infringement Probes Into New IP Matters
The U.S. International Trade Commission has launched more infringement investigations over patents and other intellectual property that have not been in dispute there before, a trend attorneys say could be tied to a decision broadening who can get imports blocked as well as changes at the U.S. Patent and Trademark Office that limit patent challenges.
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March 24, 2026
Justices Asked To Revisit 9th Circ.'s Walmart Copyright Ruling
A sculptural lamp designer has asked the U.S. Supreme Court to review a split Ninth Circuit decision that overturned part of a copyright jury verdict against Walmart, arguing that the appellate court improperly reweighed trial evidence after the retailer failed to appeal the denial of its post-verdict motion for judgment as a matter of law.
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March 24, 2026
Court Rules Insurers Not Liable For Nitrous Oxide Injuries
A Louisiana federal judge has released two insurance companies from having to defend a nitrous oxide seller in a personal injury suit after the court found that injuries stemming from the use of psychotropic substances were excluded from coverage.
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March 24, 2026
Zillow Wants Out Of Proposed Monopoly Class Action
Zillow Group Inc. urged a Washington federal court to dismiss a proposed class action alleging real estate agents were forced to promote its loan business in exchange for client referrals, arguing the agents failed to name which market was impacted by the alleged conduct.
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March 24, 2026
EU, Australia Reach Major Free Trade Deal, Cut Tariffs
The European Union and Australia on Tuesday agreed to terms of a free trade deal that would nearly zero out tariffs on trade between them following eight years of negotiations.
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March 24, 2026
Nike Awarded $11M In TM Trial Against Influencer, Retailer
A Central District of California federal jury has found that a social media influencer and his streetwear brand should pay a total of $11 million for selling knockoff Nike products and infringing its trademarks.
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March 23, 2026
Fertilizer Makers Hit With Proposed Price-Fixing Class Action
A Missouri farm Monday filed a proposed class action accusing fertilizer companies of conspiring to fix the prices of nitrogen, phosphate and potassium products, adding to growing scrutiny of the fertilizer market.
Expert Analysis
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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.
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Series
A Day In The In-House Life: Chime GC Talks Pathfinding
On a recent Tuesday in the office, Chime's general counsel Adam Frankel shares his typical work day, tackling everything from strategically guiding product launches and testing AI tools to mastering the perfect latte and making time for extracurricular interests.
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How Settlement In Texas TCPA Case Affects Text Marketing
The recent settlement in Ecommerce Innovation Alliance v. State of Texas, which challenged the constitutionality of expanded registration requirements of the Texas mini-Telephone Consumer Protection Act, is a substantial win for companies concerned about being penalized by Texas regulators or other financial exposure for sending consented-to marketing texts, but the expanded private right includes other traps for the unwary, say attorneys at Womble Bond.
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Preparing For Congressional Investigations In A Midterm Year
2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.
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Key Trends Shaping ESG And Sustainability Law In 2026
2025 saw a chaotic regulatory landscape and novel litigation around environmental, social and governance issues and sustainability — and 2026, while perhaps more predictable, will likely be no less challenging, with more lawsuits and a regulatory tug-of-war complicating compliance for global companies, say attorneys at Crowell.
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3 Securities Litigation Trends To Watch In 2026
Pending federal appellate cases suggest that 2026 will be a significant year for securities litigation, with long-standing debates about class certification, new questions about the risks and value of artificial intelligence features, and private plaintiffs' growing role in cryptocurrency enforcement likely to be major themes, say attorneys at Willkie.