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Retail & E-Commerce
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February 17, 2026
4th Circ. Won't Revive Advance Auto Parts Fraud Suit
The Fourth Circuit on Tuesday declined to revive a suit by investors claiming Advance Auto Parts and its top brass misled them about the failure of a new pricing strategy and about accounting errors, ruling they failed to allege the auto parts retailer had wrongful intent.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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State AG Enforcement During CFPB Gap Predicts 2026 Trends
State attorneys general responded to the decrease in Consumer Financial Protection Bureau enforcement in 2025 by stepping in to regulate consumer finance more than ever before, and the trends in rebooting CFPB investigations, cracking down on ESG and DEI initiatives, and fighting financial exploitation of homeowners will likely extend into 2026, say attorneys at Cozen O'Connor.
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Series
A Day In The In-House Life: Chime GC Talks Pathfinding
On a recent Tuesday in the office, Chime's general counsel Adam Frankel shares his typical work day, tackling everything from strategically guiding product launches and testing AI tools to mastering the perfect latte and making time for extracurricular interests.
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How Settlement In Texas TCPA Case Affects Text Marketing
The recent settlement in Ecommerce Innovation Alliance v. State of Texas, which challenged the constitutionality of expanded registration requirements of the Texas mini-Telephone Consumer Protection Act, is a substantial win for companies concerned about being penalized by Texas regulators or other financial exposure for sending consented-to marketing texts, but the expanded private right includes other traps for the unwary, say attorneys at Womble Bond.
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Preparing For Congressional Investigations In A Midterm Year
2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.
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Key Trends Shaping ESG And Sustainability Law In 2026
2025 saw a chaotic regulatory landscape and novel litigation around environmental, social and governance issues and sustainability — and 2026, while perhaps more predictable, will likely be no less challenging, with more lawsuits and a regulatory tug-of-war complicating compliance for global companies, say attorneys at Crowell.
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3 Securities Litigation Trends To Watch In 2026
Pending federal appellate cases suggest that 2026 will be a significant year for securities litigation, with long-standing debates about class certification, new questions about the risks and value of artificial intelligence features, and private plaintiffs' growing role in cryptocurrency enforcement likely to be major themes, say attorneys at Willkie.
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5 Tariff And Trade Developments To Watch In 2026
A new trade landscape emerged in 2025, the contours of which will be further defined by developments that will merit close attention this year, including a key ruling from the U.S. Supreme Court and a review of the U.S.-Mexico-Canada Agreement, says Ted Posner at Baker Botts.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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5 Coverage Considerations For Couture And Cosmetics Cos.
Fashion, beauty and cosmetic companies getting ready for 2026 shouldn't neglect important insurance considerations, including stand-alone policies for specialized risk and check-ins with supply chain partners on policy requirements, say attorneys at K&L Gates.
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2025 Calif. Banking Oversight Centered On Consumer Issues
The combination of statutory reform, registration mandates and enforcement activity in 2025 signals that California's financial regulatory landscape is focused on consumer protection, particularly in the areas of crypto kiosk fee practices, earned wage access providers and elder fraud, say attorneys at Ropes & Gray.
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The Major Securities Litigation Rulings And Trends Of 2025
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.
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Labubu Highlights Evolving IP Strategies In Modern Markets
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.
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How Fractional GCs Can Manage Risks Of Engagement
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.
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5 Lender Strategies When A Commercial Borrower Defaults
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.