Retail & E-Commerce

  • February 17, 2026

    Atty Can't Both Lead And Rep Class In Lawsuit, NJ Court Says

    An attorney can't be both the lead plaintiff and class counsel in a class action, a New Jersey appeals court ruled Tuesday, leaning on a more than 40-year-old state supreme court decision in denying class certification in a lawsuit accusing an electric bike maker of selling defective products.

  • February 17, 2026

    Fed. Circ. Greenlights $71M Christmas Tree Patent Verdict

    The Federal Circuit on Tuesday affirmed a $71.4 million judgment against Polygroup Ltd. for infringing rival Willis Electric Co. Ltd.'s artificial prelit Christmas tree patent, rejecting Polygroup's arguments that the patent was invalid and Willis' damages expert should have been excluded.

  • February 17, 2026

    NC Justices Asked To Undo Earth Fare Founder's $195K Award

    Organic supermarket chain Earth Fare and its post-bankruptcy owner told North Carolina's top court on Tuesday that its founder can't recover damages for work he was salaried to do while revitalizing the brand, saying the justices should unravel a $195,000 unjust enrichment verdict in his favor.

  • February 17, 2026

    Union Says Express Scripts Diverted Billions In Kickback Fees

    A Chicago plumbers union healthcare fund told an Illinois federal court Tuesday that the nation's largest pharmacy benefit manager, Express Scripts, violated federal criminal law when it used a Switzerland-based company to hide kickbacks it generated by charging drug companies fees for key placement on prescription plan drug lists.  

  • February 17, 2026

    Pepsi And Walmart Inflated Soda Prices, ND Businesses Say

    Pepsi and Walmart devised a plan to inflate prices for Pepsi soft drinks above competitive levels, two North Dakota businesses said in a proposed class action in New York federal court that alleges the companies violated federal antitrust laws.

  • February 17, 2026

    CoStar Rival Urges High Court To Reject Antitrust Appeal

    A rival accusing CoStar of blocking competition for commercial real estate listing services is urging the U.S. Supreme Court not to review a ruling that revived the rival's counterclaims, saying that CoStar just disagrees with how the appeals court viewed the allegations.

  • February 17, 2026

    NY Regulators, Cannabis Biz Challenge Town's Zoning Policy

    New York cannabis regulators and a licensed cannabis business have urged a state appellate court to find that the state's marijuana law preempts localities from enforcing more stringent location policies for marijuana stores than what is found in state law.

  • February 17, 2026

    Packaging Co. Says Stiiizy Owes $7M On Breached Contracts

    All Packaging Co. LLC is suing Stiiizy Inc., alleging in California federal court that the cannabis company is in breach of a pair of contracts and has failed to pay around $7 million under those agreements.

  • February 17, 2026

    Ga. Justices Order Do-Over In Challenge To Auto Dealer Regs

    The Georgia Supreme Court ordered a trial court Tuesday to redo its analysis of an electric carmaker's challenge to the state's prohibition on direct-to-consumer auto sales, ruling that the court failed to consider whether the ban comported with the state Legislature's constitutional prerogatives.

  • February 17, 2026

    Kids Cup Brand Says Testing Co. Missed High Lead Levels

    A Massachusetts testing firm failed to identify higher-than-allowed lead levels in a line of stainless steel tumblers marketed for children, leading to a recall of about 400,000 cups, the brand's owner alleged in a state court complaint docketed Tuesday.

  • February 17, 2026

    Fla. High Court Asked To Revive Pot Ballot Initiative

    The sponsor of a ballot initiative that would legalize recreational cannabis in Florida asked the state's high court Monday to take up its appeal of a ruling that said directives handed down to county election supervisors that invalidated more than 70,000 signatures were not unlawful.

  • February 17, 2026

    Full Fed. Circ. Won't Review Car Seat Patent Case

    The full Federal Circuit has declined to hear arguments from Wonderland Switzerland AG that it should undo a panel's reversal of part of a ruling that Evenflo Co. infringed a patent covering car seats.

  • February 17, 2026

    Fed. Circ. Lets Duty-Free Status Stick For Magnetic Dividers

    The Federal Circuit affirmed duty-free treatment Tuesday for certain magnetic shelf dividers from China, saying the U.S. Department of Commerce was allowed to use interpretive information to determine whether duty orders on flexible magnets applied.

  • February 17, 2026

    Battery Co. Calls Energizer's Trade Secret Claims 'Meritless'

    A California battery company accusing Energizer and Walmart of colluding to fix retail battery prices said Energizer's counterclaims of inducing an account manager to steal trade secrets were "tactical and meritless" and has asked a federal judge to dismiss them.

  • February 13, 2026

    Novel Calif. Data Deletion Tool Off To Hot Start, Director Says

    Despite a relatively quiet rollout, more than 170,000 California residents have signed up for a first-of-its-kind system that allows them to ask all registered data brokers to delete their personal information in a single request, positioning the tool as a strong model for other states similarly looking to boost consumer protections, the executive director of the state's privacy regulator told Law360.  

  • February 13, 2026

    FullBeauty Can't Nix Wash. Anti-Spam Suit As Unconstitutional

    A Seattle federal judge rejected an apparel retailer's arguments that a Washington state anti-spam law is unconstitutional and preempted by federal law, ruling that a consumer's proposed class action against FullBeauty Brands can move forward.

  • February 13, 2026

    4th Circ. Gives Models 2nd Shot At Suit Over Stolen Photos

    Several models who said a nightclub used their photos without permission will have another chance at pursuing their trademark infringement claims after the Fourth Circuit on Friday found that the models' failure to respond to the club's motion to dismiss within 14 days was no reason to toss the suit.

  • February 13, 2026

    PTAB Largely Invalidates Men's Underwear Patent Claims

    The Patent Trial and Appeal Board has thrown out most of the claims in a patent on tight-fitting undergarments for men, handing a win to challenger Tommy John after being accused of infringing the patent in New York federal court.

  • February 13, 2026

    Chewy Settles Antitrust Claims Over Elanco Flea & Tick Meds

    Chewy has reached a settlement with consumers in a case accusing Elanco Animal Health Inc. of paying several pet supply retailers not to stock generic versions of its Advantix topical flea and tick prevention drugs.

  • February 13, 2026

    'Bikini Barista' Owner Can't Nix Wash. AG's Wage, Bias Suit

    The owner of four Washington kiosks known as bikini barista coffee stands can't dodge the state attorney general's action accusing him of underpaying and discriminating against female workers, a King County Superior Court judge ruled Friday, rejecting the defendant's argument that the women themselves would have to sue.

  • February 13, 2026

    DOI Looks To Nix Calif. Tribes' Suit Over Real Estate Project

    The U.S. Department of the Interior and other federal government parties have urged a D.C. federal court to grant them a quick win in a suit over the approval of a California tribe's 221-acre real estate development project, which includes a casino.

  • February 13, 2026

    NC High Court Snapshot: County Tax Tiff, Earth Fare Pay Fight

    North Carolina's highest court kicks off its first week of arguments in 2026 with a look at how a coastal county is spending its occupancy tax dollars on public safety, and whether those allocations flout a state law mandating the funds be put toward tourism.

  • February 13, 2026

    Pyure Hit With False Ad Suit Over Monk Fruit Sweetener

    Pyure Brands was hit with a proposed class action in California federal court Thursday alleging it falsely advertises its monk fruit sweeteners as being "free from artificial sweeteners," despite that they're predominantly sweetened with sugar alcohol known as erythritol, which is linked to increased risk of heart attacks and stroke.

  • February 13, 2026

    Saks Approved For More Store Closing Plans In Ch. 11

    Bankrupt luxury retailer Saks Global received court approval Friday in Texas to begin closing procedures at nine of its flagship stores and continue the liquidation of its off-price e-commerce inventory as part of its Chapter 11 plan to rationalize the company's operating footprint.

  • February 13, 2026

    How Attorneys Are Handling A Patent Review 'Sea Change'

    Major changes to the America Invents Act patent review system over the past year have put limits on challenges, requiring patent challengers and owners to rethink their strategies. Here's how attorneys on both sides are calibrating their arguments to have the best chance of success in the new landscape.

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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