Retail & E-Commerce

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • January 22, 2026

    Drugmakers May Dodge Disgorgement In States' Antitrust Suit

    A Connecticut federal judge probed the limits of his equitable powers Thursday in a sprawling generic drug antitrust enforcement action, expressing doubt that he could order the drugmaker defendants to hand over their profits while also awarding multiplied damages and imposing civil penalties.

  • January 22, 2026

    NC Court Backs Asphalt Co. In $2.6M Tax Dispute

    A North Carolina asphalt company's transfers of property to its parent company aren't taxable sales because the state Department of Revenue failed to prove there was any form of payment for the products, the state business court affirmed, canceling a $2.6 million bill.

  • January 22, 2026

    Cooley, Jones Day Steer Clorox's $2.25B GOJO Industries Buy

    Cooley LLP-advised Clorox Co. said Thursday it has agreed to acquire Jones Day-guided GOJO Industries, the maker of Purell hand sanitizer, for $2.25 billion in cash.

  • January 22, 2026

    Patagonia Claims Activist 'Pattie Gonia' Rips Off TM In $1 Suit

    Patagonia Inc. has sued an activist who goes by the "Pattie Gonia" persona in California federal court, asking the court to block the drag queen from selling T-shirts and other merchandise and services that allegedly rip off its popular trademarks, while only seeking $1 in nominal damages.

  • January 22, 2026

    FTC Cites 'Serious Concerns' With Epic-Google Play Deal

    A settlement resolving Epic Games' antitrust lawsuit against Google that would replace the injunction Epic won against Google's Play Store controls has drawn pushback from the Federal Trade Commission, which is urging strict scrutiny of the agreement currently under the eye of an already skeptical California federal judge.

  • January 22, 2026

    Google Can't Duck Case Over Paid Search, Privacy Claims

    A California federal court has refused to toss a proposed consumer class action alleging Google's default search agreements block competition from rival search engines that could provide more privacy or even pay users to search.

  • January 22, 2026

    Meta Can't Arbitrate Suit Alleging Bias Against White Workers

    Meta Platforms can't arbitrate a former engineer's suit alleging it fostered a hostile work environment that discriminated against white male employees and job applicants for hiring opportunities, promotions and bonuses, according to a minute order issued by a California state judge.

Expert Analysis

  • Assessing Strategies For Mixed-Use Pro Sports Projects

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    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.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    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.

  • NY Tax Talk: ALJ Vacancy, Online Sales, Budget

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    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.

  • Series

    Quilting Makes Me A Better Lawyer

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    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.

  • Lessons Learned 3 Years After First CCPA Enforcement Action

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    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.

  • A Look At Robinson-Patman Enforcement In The MLM Industry

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    The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.

  • How Proposed FAA Rule May Streamline Drone Operations

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    The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • What Patent Claim 'Invalidity' Means In Different Forums

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    A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • 9th Circ. Leaves Scope Of CIPA Applicability Unclear

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    Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

  • USPTO's AI Tool Redefines Design Patent Landscape

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    The U.S. Patent and Trademark Office's newly introduced DesignVision tool for artificial intelligence-powered image searching represents a dramatic shift in how design patent applications are examined, necessitating new strategies for patent practitioners, says Matthew Epstein at Dinsmore.

  • Legal Jeopardy Looms Over Trump's Trade Negotiation Plans

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    Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.

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