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Retail & E-Commerce
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February 06, 2026
Antitrust Classes Certified Over Altria's Juul Investment
A California federal court has certified several classes of Juul buyers in litigation over tobacco giant Altria's past investment in the e-cigarette company, despite concerns about the damages phase of the case becoming a "Frankenstein's monster."
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February 06, 2026
1st Circ. Revives Ex-Cop's Suit Against Gun Website Operator
A former Boston police officer who was shot in 2016 can continue pursuing claims against the operator of an online marketplace that sold the firearm, the First Circuit has ruled.
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February 06, 2026
Fed. Circ. Backs Target's Alice Win Over Product Location IP
The Federal Circuit on Friday refused to revive claims in a series of patents covering ways of finding products within a store, backing a lower court's finding that Target was able to show the claims were invalid under the U.S. Supreme Court's Alice standard.
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February 06, 2026
Anti-Pot Advocates Vow To Fight Legalization In Courts
Principals and allies of a leading antidrug nonprofit pledged Friday to pursue the fight against marijuana legalization and normalization in the courts by challenging a pending proposal to loosen federal cannabis restrictions and directly suing some of the country's largest marijuana companies.
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February 06, 2026
5 Firms Guide Refresco's $768M Acquisition Of SunOpta
Netherlands-based Refresco said Friday it has agreed to acquire Minnesota-based SunOpta in an all-cash deal valuing the U.S.-listed company at $6.50 per share, or roughly $768 million, in a deal steered by at least five law firms.
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February 06, 2026
Taxation With Representation: Gibson Dunn, S&C, Wachtell
In this week's Taxation With Representation, Elon Musk announces SpaceX's acquisition of his artificial intelligence company xAI, Devon Energy and Coterra Energy agree to merge, and Banco Santander SA acquires Webster Financial Corp.
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February 06, 2026
Pa. Grocer Denied Bid To Bar Competition From Walmart
A Pittsburgh-area grocery store can't get a court order barring a neighboring Walmart from selling groceries, after a federal judge found that the store could not convincingly link its decline in sales to Walmart's recent expansion of its food offerings.
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February 05, 2026
Consumers Fight To Keep Frozen Potato Antitrust Suit Alive
Consumer groups pursuing price-fixing allegations against the nation's leading frozen potato product producers and certain others have urged an Illinois federal judge to let their claims proceed, arguing they've plausibly outlined a "classic antitrust story" that should be allowed to enter the evidence-gathering stage.
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February 05, 2026
DOJ Urges Court To Reject Live Nation's View Of Meta Ruling
Enforcers told a New York federal court to reject Live Nation's interpretation of a ruling in an antitrust case against Meta Platforms, saying that claims against the live entertainment giant do not have to accuse it of charging different venues different prices.
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February 05, 2026
Ropes, Latham Lead Bob's Discount Furniture's $331M IPO
Bob's Discount Furniture Inc. has begun its sale of nearly 19.5 million shares of its common stock at $17 per share, an initial public offering that could raise $330.65 million, guided by Ropes & Gray LLP and Latham & Watkins LLP, according to the company.
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February 05, 2026
Wash. Lawyer Faces Sanction Threat Over Alleged AI Errors
A federal judge has ordered an attorney in Washington state to submit a sworn declaration explaining why she shouldn't be sanctioned for what opposing counsel claimed are dozens of artificial intelligence "hallucinations" across multiple case filings.
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February 05, 2026
Walmart Alice Win In Content Patent Suit Backed By Fed. Circ.
The Federal Circuit on Thursday agreed with U.S. District Judge Alan Albright's conclusion that a trio of content sharing patents asserted against Walmart are invalid for covering an abstract idea, rejecting the owner's arguments that certain claim limitations save the patents.
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February 05, 2026
E.L.F. Beauty Must Face Investors' Excess Inventory Claims
Cosmetics giant e.l.f. Beauty must face an investor suit accusing the company and its executives of hiding growing inventory issues stemming from inadequate sales, a California federal judge has ruled.
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February 05, 2026
Fake Case Pulled From Toshiba Malicious Prosecution Suit
A former printer toner salesman is trying to salvage his lawsuit against Toshiba after the company flagged nonexistent citations, apologizing to the California federal court in a corrected brief Thursday defending claims that the electronics company manufactured a criminal case against him and others to maintain an illegal monopoly.
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February 05, 2026
Full Fed. Circ. Won't Rethink Heart Monitor Patent Claim Ax
The full Federal Circuit won't rethink a panel's refusal to revive claims in a wireless heart rate monitor patent owned by Finnish sports tech company Polar Electro Oy that a lower court found were invalid.
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February 05, 2026
David Protein Gets Ingredient Supply Antitrust Claims Tossed
A New York federal court dismissed a lawsuit from several low-calorie food producers accusing protein bar-maker David Protein of refusing to sell them a fat replacement ingredient after it purchased the ingredient's only supplier.
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February 05, 2026
Toys R Us Seeks Contempt, Sanctions In Smoke Shop TM Suit
The company behind Toys R Us is asking a Connecticut federal court to find smoke shop Vape R Us Inc. and its owner in contempt for violating a default judgment and injunction blocking it from continuing to operate under that name.
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February 05, 2026
Nerds And Other Ferrara Candies Allegedly Contain Arsenic
Ferrara Candy Co. was hit with a proposed class action Wednesday in Illinois federal court over allegations that popular brands of its candy, including Nerds, Trolli gummy candy, Laffy Taffy and Sweet Tarts, contain toxic levels of arsenic.
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February 05, 2026
Apple Avoids Heightened EU Rules For Ads, Maps
The European Commission announced Thursday that Apple's Ads and Maps features aren't used enough in the European Union to warrant imposing interoperability and other obligations foisted on other services from Apple and other major technology companies deemed "gatekeepers" under the Digital Markets Act.
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February 05, 2026
Fla. Judge Recommends Axing Some Claims Against IP Atty
A Florida federal judge Thursday recommended tossing several claims in a lawsuit alleging a patent attorney defamed an inventor in the press, saying the claims are unsupported.
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February 05, 2026
Stiiizy Accused Again Of Pushing High-THC Vapes On Teens
Cannabis vape company Stiiizy Inc. is facing another lawsuit in California state court alleging it markets its high-THC products to teens, contributing to the "cannabis-induced psychosis" "epidemic" across the country.
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February 05, 2026
Trump Admin Finalizes Rule Facilitating Federal Worker Firings
The Trump administration Thursday announced a final rule to create a new category of federal workers who would have fewer job protections and be easier to fire, implementing an executive order from early last year that could affect 50,000 employees at federal agencies.
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February 05, 2026
Fla. Justices Let AG Drop Pot Ballot Campaign Challenge
The Florida Supreme Court has agreed to let the state's attorney general dismiss his request for an advisory opinion on the constitutionality of an adult use cannabis ballot initiative over the objection of the initiative's sponsors.
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February 05, 2026
Amazon Screenings Are 'Hours Worked,' Conn. Justices Rule
Amazon security screenings count as "hours worked" under Connecticut state employment law, and no legal exception permits the retailer to withhold pay for time spent on minimal matters at the end of a worker's shift, the state supreme court ruled unanimously on Thursday.
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February 05, 2026
2nd Circ. Won't Kick Luxottica Pension Fight To Arbitration
The Second Circuit backed a lower court's refusal to compel individual arbitration of a former Luxottica worker's proposed class action alleging pension underpayments, ruling Thursday that she had standing to sue for plan reformation but couldn't seek monetary payments on the plan's behalf.
Expert Analysis
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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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4 Steps To Designing Effective Survey Samples For Trial
The Federal Trade Commission's recent move to exclude a defense expert's survey in FTC v. Amazon on the basis of flaws in the survey sample design highlights that ensuring survey evidence inclusion at trial requires following a road map for effective survey sample design, say consultants at Compass Lexecon.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Keys To Extended Producer Responsibility Compliance
As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Evaluating The Current State Of Trump's Tariff Deals
As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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And Now A Word From The Panel: Choosing MDL Venues
One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.
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IPO Suit Reinforces Strict Section 11 Tracing Requirement
A California federal court's recent dismissal of an investor class action against Allbirds in connection with the company's initial public offering cites the U.S. Supreme Court's 2023 Slack v. Pirani decision, reinforcing the firm tracing requirement for Section 11 plaintiffs — even at the pleading stage, say attorneys at Paul Weiss.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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Privacy Policy Lessons After Google App Data Verdict
In Rodriguez v. Google, a California federal jury recently found that Google unlawfully invaded app users' privacy by collecting, using and disclosing pseudonymized data, highlighting the complex interplay between nonpersonalized data and customers' understanding of privacy policy choices, says Beth Waller at Woods Rogers.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Recent Precedent May Aid In Defending Ad Tech Class Actions
An emergent line of appellate court precedent regarding the indecipherability of anonymized advertising technology transmissions can be used as a powerful tool to counteract the explosion of advertising technology class actions under myriad statutory theories, say attorneys at Duane Morris.