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Retail & E-Commerce
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January 08, 2026
6th Circ. Says Immunity Dooms Mich. Farm's Zoning Fight
The Sixth Circuit will not revive a Michigan couple's lawsuit against their township related to a heated dispute over zoning approvals for selling cider and hosting events at their farm, saying the farm owners have not shown the local officials should be stripped of their qualified immunity.
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January 08, 2026
Texas AG Says P&G Is Updating Kid Fluoride Crest Label
The Texas attorney general said Wednesday that Procter & Gamble has agreed to place information about the recommended amount of fluoride toothpaste for children on its packaging in order to show the accurate amount on its Crest toothpaste for children.
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January 08, 2026
Fed. Circ. Backs Trade Court's Rejection Of Cheaper Duty Bid
A Federal Circuit panel Thursday affirmed a U.S. Court of International Trade judge's determination that a Christmas ornament seller imported its Chinese-made goods to Canada with the intention of selling them in the U.S. and therefore isn't entitled to a cheaper duty rate.
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January 08, 2026
Yankees Slugger Wins TM Battle Over 'Judge' Slogans
The Federal Circuit has blocked a Long Island man from registering trademarks for judicial-themed slogans that had already been used by New York Yankees star Aaron Judge, upholding a Trademark Trial and Appeal Board decision in the slugger's favor.
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January 08, 2026
ITC To Investigate Smartwatch Giants Over Fall Detection IP
The U.S. International Trade Commission on Thursday said it will review whether Apple, Google, Garmin and Samsung are infringing UnaliWear Inc.'s patents with their smartwatch imports.
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January 08, 2026
DC Court Partially Trims Shein IP Suit Against Temu
A Washington, D.C., federal judge has trimmed some of fast fashion company Shein's intellectual property lawsuit against one of the companies behind e-commerce platform Temu, but kept alive claims for false advertising and trade secret theft.
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January 08, 2026
Amici Back CoStar's Review Bid For Rival's Antitrust Claims
Technology industry coalition Chamber of Progress and other parties are urging the U.S. Supreme Court to grant commercial real estate information company CoStar's review petition for a Ninth Circuit ruling that revived a business rival's antitrust counterclaims.
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January 08, 2026
3 Firms Advise On $500M Good Culture PE Buyout
Consumer-focused investment firm L Catterton has agreed to purchase a majority stake in Good Culture in a deal that values the dairy brand at $500 million, with law firms Winston & Strawn LLP, Kirkland & Ellis LLP and Cooley LLP advising, Good Culture said Thursday.
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January 07, 2026
OpenAI Can't Ax Musk's Fraud Claim Over For-Profit Plan
A California federal judge indicated Wednesday that she'll deny OpenAI's bid to toss Elon Musk's claims that the artificial intelligence company duped the billionaire into donating $45 million with false promises of remaining a nonprofit, saying "there's plenty of evidence" to take the claim to a jury.
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January 07, 2026
Home Depot 401(k) Fight Wraps Before High Court Gets A Say
The Home Depot and workers alleging mismanagement of their 401(k) plan told the nation's highest court Wednesday they wrapped up their legal battle, just a month after the U.S. solicitor general urged the justices to grant the workers' bid for review and rule for the retailer.
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January 07, 2026
Live Nation Looks To Toss BOTS Act Case
Live Nation and Ticketmaster told a California federal court Tuesday the Federal Trade Commission is trying to use a statute designed to help ticket sellers fight scalping to target operation of the events and the ticketing giant's legitimate resale platform.
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January 07, 2026
'I'm Not Buying It': Judge Pans 'Ridiculous' Colgate Argument
A California federal judge appeared open Wednesday to certifying multiple subclasses in a consumer action alleging Colgate falsely labels its toothpaste tubes as being recyclable, and panned one of the arguments by Colgate's defense attorneys as "ridiculous."
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January 07, 2026
Expedia Wants Singapore's Help Getting Docs In Rival's Suit
Expedia asked a Washington federal judge to help it seek assistance from Singapore's court system to get documents from Trip.com, saying the discovery is pertinent in an antitrust case brought by representatives for a defunct Swiss competitor.
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January 07, 2026
Amazon Seeks To Halt Supplement Suit As FDA Nixes Rule
Amazon called on a Seattle federal judge to pause a proposed class action accusing the e-commerce platform of failing to make certain disclosures on supplement product pages, saying the U.S. Food and Drug Administration plans to revoke the so-called each panel labeling rule at the center of the case.
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January 07, 2026
Colo. Knife Manufacturer Says Rival Misused Trademarks
A Colorado-based knife manufacturer accused one of its competitors in federal court Wednesday of selling products with its trademark brand name and logo without authorization.
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January 07, 2026
Texas Tobacco Co. Says Supplier Sabotaged Contract, Sales
A Texas-based tobacco company is suing its former manufacturer in North Carolina federal court, saying it broke their contract by jacking up its prices, then told retailers to pull the products off their shelves.
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January 07, 2026
NJ Town Blasts 'Litigation Tactic' In Mall Sunday Sales Suit
The New Jersey borough that's home to the American Dream megamall has asked a state judge to dismiss another municipality's lawsuit challenging Sunday sales there, arguing that the complaint failed to articulate any legally cognizable claim against the borough.
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January 07, 2026
Amazon Stay Bid Should Fail In Patent Suit, WDTX Told
Texas-based Headwater Research LLC urged a Texas federal court not to pause its suit accusing Amazon of infringing a pair of server and wireless connection patents while the e-commerce giant challenges the patents at the Patent Trial and Appeal Board.
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January 07, 2026
Fans Defend Merch Monopoly Suit Against NFL, Fanatics
Fans suing the NFL and Fanatics over merchandise licensing agreements are urging a New York federal judge to keep their case afloat, skewering the league's attempt to liken the suit to a similar antitrust case that sputtered recently.
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January 07, 2026
DSW Says Sony Copyright Case Filed In Interest Of Efficiency
The owner of shoe retailer DSW has told an Ohio federal court its lawsuit against Sony Music Entertainment seeking an order finding it did not infringe Sony's copyrights was not an anticipatory action but rather an effort to consolidate multiple infringement allegations into one in the interest of efficiency.
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January 07, 2026
FDA Pushes Back On Vape Cos.' 5th Circ. Appeal
The U.S. Food and Drug Administration is urging the Fifth Circuit to reject a group of appeals from e-cigarette manufacturers seeking to overturn the marketing denial of their flavored vapes, saying the agency did not abuse its discretion in rejecting the companies' products.
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January 07, 2026
DC, New Jersey Delis Reach Deal To End Trademark Fight
Washington, D.C.-based bagel shop and deli Call Your Mother Corp. has agreed to drop a federal trademark lawsuit against a New Jersey deli after the parties reached a deal to end the case.
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January 06, 2026
Section 230 Knocks Down Addiction MDL, Meta Tells 9th Circ.
Meta Platforms Inc. urged a Ninth Circuit panel on Tuesday to find that Section 230 of the Communications Decency Act shields it from sprawling social-media-addiction multidistrict litigation, arguing that the claims go to "the heart of what the statute intends to protect."
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January 06, 2026
Amazon Nears Deal With Flex Drivers In Tip Skimming Suit
Amazon and a group of Flex delivery drivers told a Seattle federal judge Tuesday they've reached an agreement in principle to resolve a 2021 putative class action accusing the e-commerce giant of withholding tips, prompting the court to pause the case pending a final settlement.
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January 06, 2026
Amazon Seeks To 'Hot Tub' MIT Prof's Opinion In Antitrust Suit
Amazon.com Inc. has asked a Seattle federal court for a "hot tub" hearing in a proposed consumer antitrust class action that accuses the e-commerce giant of artificially raising retail prices, saying the novel litigation technique for concurrently questioning parties' experts is needed to vet one expert's change in opinion.
Expert Analysis
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
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.
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Budget Act Should Boost Focus On Trade Compliance
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.
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Associates Can Earn Credibility By Investing In Relationships
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.
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Assessing Strategies For Mixed-Use Pro Sports Projects
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.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
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.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
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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Series
Quilting Makes Me A Better Lawyer
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.
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Lessons Learned 3 Years After First CCPA Enforcement Action
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.
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A Look At Robinson-Patman Enforcement In The MLM Industry
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.
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How Proposed FAA Rule May Streamline Drone Operations
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.
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What 2 Profs Noticed As Transactional Law Students Used AI
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.
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What Patent Claim 'Invalidity' Means In Different Forums
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.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
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.
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9th Circ. Leaves Scope Of CIPA Applicability Unclear
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.
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5 Ways Lawyers Can Earn Back The Public's Trust
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.