Retail & E-Commerce

  • February 19, 2026

    5th Circ. Judge Impugns NLRB Impartiality In Scathing Dissent

    A Fifth Circuit judge impugned the National Labor Relations Board's fairness and attacked its foundational motive test as "an undertheorized byproduct of Chevron deference" in a dissent to an opinion backing the board's finding that Trader Joe's illegally fired a worker over repeated COVID-19 safety complaints.

  • February 19, 2026

    Squires Accepts 8 PTAB Cases, Walks Back 7 Merits Referrals

    A bulk summary order from U.S. Patent and Trademark Office Director John Squires granted eight petitions for America Invents Act patent challenges while denying 14 others, including seven that he had previously accepted for merits-based review.

  • February 19, 2026

    Live Nation Fights Uphill To Nix FTC Suit Over Ticket Scalping

    Live Nation urged a California federal judge Thursday to reconsider her tentative decision refusing to dismiss the Federal Trade Commission's allegations it turned a blind eye to scalpers, arguing that the complaint doesn't identify specific tickets that scalpers were able to obtain by evading security measures that limit purchases.

  • February 19, 2026

    Hims & Hers Buying Eucalyptus For Up To $1.15B

    Wellness platform Hims & Hers Health Inc. said Thursday it has agreed to acquire Australian digital health company Eucalyptus in a deal valued at up to $1.15 billion.

  • February 19, 2026

    Electronics Cos. Fight 'Heavy-Handed' Next-Gen TV Mandate

    As the Federal Communications Commission looks to coax the broadcast industry into adopting next-generation TV on a wider scale, a key electronics industry group has re-upped concerns that officials might move too fast.

  • February 19, 2026

    CIT Orders Reconsideration Of Fujifilm Co.'s Industry Status

    The U.S. International Trade Commission must redo its determination that a U.S. subsidiary of Fujifilm qualifies as a domestic producer for purposes of finding domestic industry has been harmed by imports from Japan and China, the U.S. Court of International Trade said.

  • February 19, 2026

    Amazon Seller 'Expert' Sues Over Alleged Inventory Fraud

    An Amazon "marketplace expert" that focuses on selling and managing the prices of branded goods on the platform sued on Wednesday 16 companies and one individual accused of supplying millions of dollars in goods that were later found to be encumbered by warehouse liens.

  • February 19, 2026

    Costco Inks Deal To End Worker's Sex Harassment Suit

    Costco Wholesale Corporation has agreed to settle a worker's suit claiming the company retaliated against her after she reported that a male colleague harassed her by repeatedly asking her out on dates and reacting angrily when she denied him.

  • February 19, 2026

    Trader Joe's Wants To Check Out Of 401(k) Class Claims

    Trader Joe's asked a Massachusetts federal judge to free it from a class action claiming mismanagement of an employee retirement plan, saying participants haven't shown they were harmed by fees or one mutual fund option that had posted lackluster returns.

  • February 19, 2026

    FedEx Reaches $8.5M Deal To Settle Warehouse Wage Suit

    FedEx and workers at 17 of its New Jersey warehouses reached an $8.5 million deal to settle the workers' claims they weren't paid for the time spent going through security screenings and walking to time clocks before and after their shifts.

  • February 19, 2026

    Activists Elliott, Jana Make Latest Moves, And Other Rumors

    The past week may have been light on mega-merger rumors, but a slate of activist investor moves showed that the ingredients for future dealmaking may be quietly coming together.

  • February 19, 2026

    Freshfields Advising EBay's $1.2B Depop Purchase From Etsy

    Freshfields LLP is guiding eBay Inc. on its planned acquisition of Depop, a fast-growing mobile fashion resale marketplace, from Fenwick & West LLP-advised Etsy Inc. for about $1.2 billion in cash, as the online commerce giant seeks to expand its reach among younger consumers.

  • February 18, 2026

    Smith & Wesson Gets Suit Over Tracking Cookies Pared Down

    A California federal judge has cut state wiretap law and several other claims from a proposed class action accusing Smith & Wesson of illegally gathering browsing data from website visitors who rejected the use of tracking cookies, while preserving allegations that the firearm manufacturer facilitated third parties' privacy intrusions.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

Expert Analysis

  • How Sustainability Reporting Changed In The 1st Half Of 2025

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    Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Union Interference Lessons From 5th Circ. Apple Ruling

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    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.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    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.

  • High Court E-Cig Ruling Opens Door For FDA Challenges

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    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.

  • How 9th Circ. Customs Ruling Is Affecting FCA Litigation

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    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.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    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.

  • Ruling Puts 11th Circ. At Odds With Bankruptcy Courts

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    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.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    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.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    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.

  • Budget Act Should Boost Focus On Trade Compliance

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    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.

  • Associates Can Earn Credibility By Investing In Relationships

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    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.

  • 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.

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