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Retail & E-Commerce
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March 03, 2026
Monthly Merger Review Snapshot
The U.S. Department of Justice got its antitrust case against Live Nation and Ticketmaster teed up for trial, as a court continues mulling the department's settlement last year in a case challenging a deal by Hewlett Packard Enterprise, and lawmakers call for scrutiny of Paramount Skydance's blockbuster acquisition of Warner Bros. Discovery.
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March 03, 2026
Elliott Invests $1B In Pinterest As Davis Polk, Wachtell Advise
Davis Polk & Wardwell LLP is advising activist investor Elliott Investment Management on its $1 billion investment in Wachtell Lipton Rosen & Katz-advised Pinterest, the social media company said Tuesday.
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March 03, 2026
Florida High Court Urged To Kill Marijuana Legalization Effort
Florida election officials told the state's highest court Monday that a lower court was correct in invalidating thousands of signatures in support of the latest effort to legalize retail marijuana via ballot initiative.
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March 03, 2026
Cannabis Depository Can Fight $9.5M Coverage Denial
A New Jersey cannabis dispensary depository can challenge an insurer's bid to deny coverage for a $9.5 million judgment against an armored car cash delivery service for an ex-employee's alleged embezzlement, a New York federal judge ruled, saying the depository is entitled to a potential insurance policy payout.
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March 03, 2026
North Face Left Co. With $2.2M In Unsold Garments, Suit Says
A Vietnamese garment supplier has sued The North Face's parent companies in Colorado federal court, alleging they refused to accept and pay for more than 200,000 finished North Face-branded garments worth about $2.23 million after the supplier completed production under purchase orders.
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March 02, 2026
Macy's, Petco, Starbucks Close To Dodging Payment IP Suits
A Texas federal judge is encouraging the court to free Macy's, Petco and Starbucks from litigation accusing them of infringing payment processing patents, saying they're covered under a license with the processors.
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March 02, 2026
Hemp Cos. Lose Challenge To Connecticut Regulations
A Connecticut federal judge has dismissed a suit from a group of hemp companies alleging the state's new hemp laws violate the 2018 Farm Bill that legalized hemp, saying the sellers haven't shown that they are preempted by the federal law.
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March 02, 2026
Bath & Body Works Brass Hid Growth Woes, Investor Claims
Current and former brass of personal care retailer Bath & Body Works face a shareholder derivative suit alleging they downplayed certain growth strategy flops, hurting the company and investors when disclosures of those fumbles caused share prices to slide.
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March 02, 2026
Ex-Chipotle Worker Can't Rebut Roach Rationale In Firing Suit
The Tenth Circuit on Monday refused to reopen a former Chipotle manager's lawsuit claiming he was fired because he was in his 50s, saying he couldn't overcome the fast casual restaurant chain's argument that he was let go because of a cockroach infestation.
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March 02, 2026
5th Circ. Judge Flags 'Pretty Extreme' Timing Of Barista Firing
A Fifth Circuit judge said on Monday that the timing of Starbucks' firing of a California barista was "pretty extreme" and that management's words about benefits "do matter" as the court weighed the coffee giant's bid to overturn two unfavorable rulings by the National Labor Relations Board.
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March 02, 2026
Saks, Simon Properties Argue Fate Of Store Leases
Retail landlord Simon Properties and luxury retailer Saks Global on Monday wrangled over the wording of a 2024 investment agreement as they asked a Texas bankruptcy judge to determine the fate of the leases of two Saks locations.
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March 02, 2026
Chanel, Nordstrom Among 12 Cos. Sued Over Store Finder IP
The owner of interactive mapping technology patents has sued a dozen top retailers in the Eastern District of Texas, with targets ranging from a luxury fashion house to a discount book seller.
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March 02, 2026
Gamers Make 3rd Try For $7.85M PlayStation Antitrust Deal
Gamers leading a putative class action tried again last week for approval of a proposed $7.85 million settlement resolving antitrust claims over Sony's restriction of retail codes for PlayStation games, attempting to address a California federal judge's concerns by effectively removing two of the three named plaintiffs.
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March 02, 2026
Amazon Can't Halt Supplement Labeling Suit Amid FDA Tweak
A Washington federal judge denied Amazon's bid to pause a proposed class action over claims of deceptive supplement labeling based on the U.S. Food and Drug Administration's purported plan to revoke certain regulations, finding Friday the court or a jury can still address whether the e-commerce platform complied with existing requirements.
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March 02, 2026
FedEx Customers Seek Refunds For Passed-On Tariff Costs
A proposed class action in Florida federal court looks to make sure FedEx refunds customers for the costs of tariffs the shipping giant passed on to them as the company looks to recoup its payments made under President Donald Trump's illegal tariff regime.
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March 02, 2026
Ill. Judge Reverses, Allows New Complaint In Juul Price Suit
An Illinois federal judge has reversed course and decided to allow Power Buying Dealers USA Inc. to file a fifth complaint in its suit alleging Juul Inc. gave a rival wholesaler a better deal on e-cigarettes, saying the defect that sunk the latest complaint is "easily curable."
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February 27, 2026
Kroger, Albertsons Must Pay AG Legal Fees After Merger Halt
Kroger and Albertsons must pay legal fees to the state attorneys general who challenged the grocery chains' now-scrapped $24.6 billion merger, an Oregon federal judge ruled Friday, denying the companies' argument that the court's temporary injunction in the case wasn't sufficient for the states to win back costs.
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February 27, 2026
PetMed, Elanco, Tractor Supply Settle Flea & Tick Med Claims
PetMed Express, Tractor Supply Co. and Elanco Animal Health are the latest to settle with consumers in a case accusing Elanco of paying pet supply retailers not to stock generic versions of its Advantix topical flea and tick prevention drug, according to several orders filed in Indiana federal court.
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February 27, 2026
5th Circ. Strikes Down FCC's Written Consent Robocall Rule
Telemarketers don't need written consent to pelt people with prerecorded calls, according to the Fifth Circuit, which has swept away more than a decade of Federal Communications Commission precedent with a ruling that finds verbal prior consent to be enough.
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February 27, 2026
Defamation Litigation Roundup: Exxon, Steelers, R&B Singer
In this month's review of defamation fights, Law360 highlights a decision from a Texas federal judge preserving Exxon Mobil's case against California's attorney general stemming from a fight over recycling technology, as well as a fan's suit against an NFL star.
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February 27, 2026
Wash. Whole Foods Workers Didn't Get Breaks, Suit Alleges
Whole Foods employees in Washington state frequently work through lunch and don't get to take the rest breaks they're entitled to, a new proposed class action in Washington state court alleges, looking to hold the company liable for wage and hour law violations.
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February 27, 2026
Trump's Trade Deals Face Tricky Path After Tariff Ruling
While President Donald Trump has said the trade agreements struck in response to tariffs that have now been invalidated by the U.S. Supreme Court will be kept, navigating the terms of those deals in the aftermath is already proving complicated.
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February 27, 2026
Altria-Juul Judge Details Class Cert. Decision In Antitrust Row
"Common, predominant questions abound" as to whether e-cigarette company Juul and tobacco giant Altria schemed to have Altria exit the e-cigarette market, a California federal judge has said in explaining why he granted class certification to classes of purchasers in antitrust litigation over Altria's past investment in Juul.
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February 27, 2026
Keep DraftKings Suit In State Court, Baltimore Tells 4th Circ.
Maryland courts should decide whether DraftKings and FanDuel use deceptive and exploitative practices on local residents, attorneys for the city of Baltimore told the Fourth Circuit, saying that the state's power to enforce its consumer protection laws must be upheld.
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February 27, 2026
DraftKings Denied 7th Circ. Appeal In Sports Betting Ad Suit
An Illinois federal judge rejected DraftKings' bid to certify a question to the Seventh Circuit about whether a mobile app can be a "product" under Illinois product liability law, after he refused last year to dismiss most claims in a proposed class action claiming the company's advertisements fuel gambling addiction.
Expert Analysis
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Series
Fly-Fishing Makes Me A Better Lawyer
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.
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4 Ways GCs Can Manage Growing Service Of Process Volume
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.
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Series
NY Banking Brief: All The Notable Legal Updates In Q4
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.
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IP Appellate Decisions Show 4 Shifts In 2025
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.
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
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.
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AG Watch: Va. Insulin Price Probe Signals Rising Scrutiny
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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3 Key Takeaways From Planned Rescheduling Of Cannabis
An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.
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6 Issues That May Follow The 340B Rebate Pilot Challenge
Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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Reviewing Historical And Recent NYDFS Blockchain Guidance
Excerpt from Practical Guidance
An industry letter released in the fall by the New York State Department of Financial Services, together with guidance issued over the past decade, signals a heightened regulatory expectation for covered institutions regarding the use of blockchain analytics and requires review, says Nicole De Santis at Nomadis Consulting.
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Business Considerations Amid Hemp Product Policy Change
With the passage of a bill fundamentally narrowing the federal definition of "hemp," there are practical and business considerations that brands, manufacturers and other parties should heed over the next year, including operational strategies, evaluating contract and counterparty risk, and tax implications, say attorneys at Foley Hoag.
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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.