Retail & E-Commerce

  • February 24, 2026

    Fed. Circ. Won't Revive AI Patent After Alice Invalidation

    The Federal Circuit on Tuesday backed a New York federal judge's finding that a Rensselaer Polytechnic Institute artificial intelligence-related patent was invalid as abstract, handing a win to Amazon in the case targeting its Alexa virtual assistant.

  • February 24, 2026

    Personal Injury Firm Fights Sanctions Bid In Swipe-Fee Case

    A personal injury firm and its referral partner have pushed back against a sanctions bid from a class of merchants in a long-running antitrust litigation against Visa and Mastercard over swipe fees, arguing the plaintiffs are seeking "drastic relief" without a showing that any class member was harmed by allegedly misleading information the firm gave them.

  • February 24, 2026

    Instagrammer Drops Indemnification Suit Against Ex-Co.

    Instagram celebrity Dan Bilzerian is dropping a suit against the company he used to run that sought indemnification for a defamation suit, stipulating to the dismissal of the case without prejudice.

  • February 24, 2026

    Calif. Firm Says Texas Immunity Law Blocks $11M Fee Suit

    A California law firm is urging an Austin federal judge to dismiss claims that it participated in unlawfully withholding $11 million in attorney fees from a Texas law firm that allegedly helped secure a nine-figure verdict against Walmart, arguing a Texas immunity law protects the Golden State firm from being held liable to non-clients.

  • February 24, 2026

    Stop & Shop 'Flushable' Wipes Suit Voluntarily Thrown Out

    A Massachusetts man's proposed class action alleging supermarket chain Stop & Shop misleadingly marketed personal care wipes as "flushable" was voluntarily dismissed on Monday, weeks after a federal judge rejected the plaintiff's request to tag in replacement plaintiffs, as well as the grocer's bid for his employment records.

  • February 24, 2026

    Tesla Gets Worker's Retaliation Suit Kicked To Arbitration

    A worker will have to arbitrate his claims that Tesla harassed him into resigning for complaining about alleged racial discrimination at the electric vehicle maker's Fremont, California, factory, a federal judge ruled, rejecting his argument that an arbitration pact he signed wasn't enforceable.

  • February 24, 2026

    Greenberg Traurig Hires Morgan Lewis Benefits Atty In Boston

    Greenberg Traurig LLP added to what it called its "strategic expansion" by bringing on a benefits and employment attorney who had previously served as managing partner of Morgan Lewis & Bockius LLP's Boston office.

  • February 23, 2026

    FedEx, Bausch, Other Cos. Join Race For Tariff Refunds

    FedEx, Bausch & Lomb and L'Oreal are among the companies that raced to the U.S. Court of International Trade on Monday seeking full refunds of the trade duties they paid as a result of the 2025 tariffs that President Donald Trump illegally imposed under the International Emergency Economic Powers Act.

  • February 23, 2026

    NY Pitches Pay-Later Oversight Rules, Borrower Protections

    Buy-now-pay-later providers in New York would face new licensing and supervision requirements, consumer disclosure standards, fee limits and other restrictions under draft rules unveiled Monday by the state's financial services regulator.

  • February 23, 2026

    Wolverine Says Michigan's PFAS Demands Exceed Settlement

    Wolverine World Wide has asked a federal judge to resolve a disagreement with Michigan environmental officials over the scope of one of its obligations stemming from a settlement resolving the shoemaker's liability for so-called forever chemicals.

  • February 23, 2026

    Apple Snuffs Out Suit Over 'Carbon Neutral' Claims, For Now

    A California federal judge has tossed with leave to amend a proposed class action accusing Apple of falsely advertising that certain Apple Watches are "carbon neutral," finding the consumers fail to back their "unsubstantiated assumptions" about carbon neutrality with reliable third-party analyses.

  • February 23, 2026

    Tempur-Pedic Maker Hits Mattress Seller With TM Suit

    The "world-famous" trademarks Tempur-Pedic and Sealy are being violated by a small mattress seller that is continuing to use the marks well beyond the end of a retail agreement, Sealy Technology LLC told a North Carolina federal court.

  • February 23, 2026

    Outdoors Co. Says Investor Allowed Trademark Rights Sale

    A Nevada investment company and two of its officers breached their contract with Colorado-based outdoor recreation company Exxel Outdoors LLC and allowed an unauthorized sale of Exxel's trademark rights to occur without notice, it alleged in Colorado state court.

  • February 23, 2026

    Senate Dems Aim To Require Refunds Of Illegal Trump Tariffs

    Senate Democratic lawmakers introduced legislation Monday to require the federal government to issue refunds to importers for duties paid that were imposed by President Donald Trump under the International Emergency Economic Powers Act, following the U.S. Supreme Court's ruling deeming those measures unlawful.

  • February 23, 2026

    Live Nation Wants To Appeal DOJ Antitrust Case Now

    Live Nation Entertainment Inc. is asking a New York federal court for permission to immediately appeal last week's ruling that teed up several claims for trial early next month in the monopolization case being brought by the U.S. Department of Justice and state enforcers.

  • February 23, 2026

    Judge Tosses Patent Case Against Timex, For Now

    A Connecticut federal judge on Monday tossed a suit accusing Timex of infringing a patent covering technology used in smartwatches to access a separate electronic system, but gave the patent owner an opportunity to fix its complaint.

  • February 23, 2026

    Justices Decline Cannabis Dormant Commerce Clause Case

    The U.S. Supreme Court on Monday declined to review a case asking it to consider whether Maryland's marijuana social equity licensing program unconstitutionally discriminated against out-of-state entrepreneurs.

  • February 23, 2026

    Hemp Seller Says Virgin Islands Illegally Took Hemp

    A hemp retailer is suing the U.S. government and agencies of the U.S. Virgin Islands in federal court, alleging that they raided the retailer and seized hemp products without a warrant and despite the products being legal at the time.

  • February 23, 2026

    Plaintiff's Depo Dooms Cert. In Blue Diamond False Ad Suit

    An Illinois federal judge Friday denied class certification in a lawsuit accusing Blue Diamond Growers of deceiving consumers by describing its almonds as "smokehouse" when their titular taste comes from synthetic flavoring, saying the proposed lead plaintiff admitted in a deposition she had knowledge of the alleged defect but continued to purchase the product.

  • February 23, 2026

    Colo. High Court Ruling Upends Amazon Pay Class Bid

    A warehouse worker must rework his bid to certify a class against Amazon over holiday pay calculations after the Colorado Supreme Court clarified the governing overtime law, a Colorado federal judge ruled.

  • February 23, 2026

    Pretium's Ch. 11 Prepack Confirmed Over Opt-Out Objection

    Pretium Packaging LLC received approval Monday in New Jersey bankruptcy court for its prepackaged Chapter 11 plan of reorganization after a judge said an opt-out mechanism for third-party releases is a permitted means of gaining consent from creditors.

  • February 23, 2026

    Hims & Hers Misleads With GLP-1 Claims In Ads, Court Told

    A class of GLP-1 patients claim that telehealth company Hims & Hers falsely advertised its compounded injections as made with "the same active ingredient" as weight loss drugs Ozempic and Wegovy despite containing other key ingredients, according to a suit filed in Illinois federal court. 

  • February 23, 2026

    Rawlings Hit With Suit Over 'Deceptive' Bat Certifications

    Baseball gear maker Rawlings is facing a proposed class action in Utah federal court alleging that the company is charging higher prices for its "upgraded" and "next-gen" bats while telling certification bodies that the bats were given only cosmetic improvements.

  • February 23, 2026

    Mass. Judge Won't Block UPS Driver Buyout Program

    A federal judge in Massachusetts declined to stop United Parcel Service Inc. from offering drivers $150,000 to leave the company, saying the buyouts can be voided later if they are found to violate a labor agreement.

  • February 23, 2026

    RI Officials Seek Dismissal Of Cannabis Licensing Suit

    Rhode Island's state cannabis regulator is urging a federal court to throw out a suit challenging its social equity licensing scheme, saying the plaintiff lacks standing because his application was not denied for the reasons he's challenging.

Expert Analysis

  • The Major Securities Litigation Rulings And Trends Of 2025

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    The past 12 months saw increased regulator focus on disclosures concerning artificial intelligence, signs of growing judicial scrutiny at the class certification stage, and shifting regulatory priorities at the U.S. Securities and Exchange Commission — all major developments that may significantly affect securities litigation strategy in 2026 and beyond, say attorneys at Debevoise.

  • Labubu Highlights Evolving IP Strategies In Modern Markets

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    Pop Mart's decision not to pursue U.S. patents for its Labubu plush dolls — relying instead on expressive rights — is rational given the nature of the product and the velocity of the market, and also underscores broader structural issues that may hold the U.S. patent system from keeping pace with modern markets, says Tina Dorr at Barnes & Thornburg.

  • How Fractional GCs Can Manage Risks Of Engagement

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    As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.

  • 5 Lender Strategies When A Commercial Borrower Defaults

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    With an estimated $2 trillion in commercial real estate loans set to mature by 2027, now is an opportune time for lenders to review practices on both the front and back ends, and understand the full range of options available in the event of a default, says Keith Mundrick at Amundsen Davis.

  • Changes In Crypto, Cybersecurity Defined NY Banking In 2025

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    The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.

  • Reviewing 2025's Most Pertinent Wiretap Developments

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    2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.

  • Series

    Nature Photography Makes Me A Better Lawyer

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    Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.

  • How Cos. Can Roll With NY's New Algorithmic Pricing Rules

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    Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.

  • Series

    Law School's Missed Lessons: Practical Problem Solving

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    Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.

  • Opinion

    A Uniform Federal Rule Would Curb Gen AI Missteps In Court

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    To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.

  • Netflix Caps 2025 M&A Deals That Will Test Antitrust Strategy

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    The 2025 media consolidation trend culminated in Netflix's $82.7 billion Warner Bros. Discovery announcement, but the Antitrust Division of the U.S. Department of Justice is likely to question whether remedies short of blocking the deal could credibly preserve competition, says Brian Pandya at Duane Morris.

  • AG Watch: Texas Junk Fee Deal Shows Enforcement Priorities

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    Texas Attorney General Ken Paxton's recent $9.5 million settlement with online travel agency website Booking Holdings for so-called junk fee practices follows a larger trend of state attorneys general who have taken similar action and demonstrates the significant penalties that can follow such allegations, say attorneys at Kelley Drye.

  • A Look At The Wave Of 2025 Email Marketing Suits In Wash.

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    Since the Washington Supreme Court's ruling in Brown v. Old Navy in April, more than 30 lawsuits have alleged that a broad range of retailers across industries sent emails that violate the Washington Commercial Electronic Mail Act, but retailers are unlikely to find clear answers yet, says Gonzalo Mon at Kelley Drye.

  • Series

    The Law Firm Merger Diaries: Integrating Practice Groups

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    Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.

  • Patent Disclaimers Ruling Offers Restriction Practice Insights

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    The Federal Circuit's recent decision in Focus Products v. Kartri confirms that prosecution disclaimers can extend to examiner-defined species in restriction practice, making it important for patent practitioners to manage restriction requirement responses carefully to avoid unintended claim scope limitations, say attorneys at BCLP.

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