Retail & E-Commerce

  • February 19, 2026

    Pepsi And Frito-Lay Avoid Class Chip-Pricing Claims, For Now

    A California federal judge struck class claims from a lawsuit accusing PepsiCo and Frito-Lay of illegally charging Walmart, Target, and other chain stores less for chips than smaller retailers, stating that the plaintiffs cannot show that the proposed class has suffered the same injury, but will allow them to rework the complaint.

  • February 19, 2026

    Amazon Loses Bid To Ditch Suit Over Lie Detector Testing

    Amazon has failed to win an early exit from a proposed class action alleging that the retail giant is flouting a Massachusetts statute banning the use of lie detectors in employment decisions, as a federal judge denied its motion to toss the case Wednesday.

  • February 19, 2026

    Amazon Throwing Out Tech Intercom Not Sanctionable: Judge

    While Amazon.com Inc. was negligent in allowing a consulting engineer to throw out an advanced intercom at the center of a trade secrets and unauthorized computer access proposed class action, a New York federal magistrate judge said Wednesday that doing so didn't cost the intercom's maker any relevant evidence.

  • February 19, 2026

    5th Circ. Judge Impugns NLRB Impartiality In Scathing Dissent

    A Fifth Circuit judge impugned the National Labor Relations Board's fairness and attacked its foundational motive test as "an undertheorized byproduct of Chevron deference" in a dissent to an opinion backing the board's finding that Trader Joe's illegally fired a worker over repeated COVID-19 safety complaints.

  • February 19, 2026

    Squires Accepts 8 PTAB Cases, Walks Back 7 Merits Referrals

    A bulk summary order from U.S. Patent and Trademark Office Director John Squires granted eight petitions for America Invents Act patent challenges while denying 14 others, including seven that he had previously accepted for merits-based review.

  • February 19, 2026

    Live Nation Fights Uphill To Nix FTC Suit Over Ticket Scalping

    Live Nation urged a California federal judge Thursday to reconsider her tentative decision refusing to dismiss the Federal Trade Commission's allegations it turned a blind eye to scalpers, arguing that the complaint doesn't identify specific tickets that scalpers were able to obtain by evading security measures that limit purchases.

  • February 19, 2026

    Hims & Hers Buying Eucalyptus For Up To $1.15B

    Wellness platform Hims & Hers Health Inc. said Thursday it has agreed to acquire Australian digital health company Eucalyptus in a deal valued at up to $1.15 billion.

  • February 19, 2026

    Electronics Cos. Fight 'Heavy-Handed' Next-Gen TV Mandate

    As the Federal Communications Commission looks to coax the broadcast industry into adopting next-generation TV on a wider scale, a key electronics industry group has re-upped concerns that officials might move too fast.

  • February 19, 2026

    CIT Orders Reconsideration Of Fujifilm Co.'s Industry Status

    The U.S. International Trade Commission must redo its determination that a U.S. subsidiary of Fujifilm qualifies as a domestic producer for purposes of finding domestic industry has been harmed by imports from Japan and China, the U.S. Court of International Trade said.

  • February 19, 2026

    Amazon Seller 'Expert' Sues Over Alleged Inventory Fraud

    An Amazon "marketplace expert" that focuses on selling and managing the prices of branded goods on the platform sued on Wednesday 16 companies and one individual accused of supplying millions of dollars in goods that were later found to be encumbered by warehouse liens.

  • February 19, 2026

    Costco Inks Deal To End Worker's Sex Harassment Suit

    Costco Wholesale Corporation has agreed to settle a worker's suit claiming the company retaliated against her after she reported that a male colleague harassed her by repeatedly asking her out on dates and reacting angrily when she denied him.

  • February 19, 2026

    Trader Joe's Wants To Check Out Of 401(k) Class Claims

    Trader Joe's asked a Massachusetts federal judge to free it from a class action claiming mismanagement of an employee retirement plan, saying participants haven't shown they were harmed by fees or one mutual fund option that had posted lackluster returns.

  • February 19, 2026

    FedEx Reaches $8.5M Deal To Settle Warehouse Wage Suit

    FedEx and workers at 17 of its New Jersey warehouses reached an $8.5 million deal to settle the workers' claims they weren't paid for the time spent going through security screenings and walking to time clocks before and after their shifts.

  • February 19, 2026

    Activists Elliott, Jana Make Latest Moves, And Other Rumors

    The past week may have been light on mega-merger rumors, but a slate of activist investor moves showed that the ingredients for future dealmaking may be quietly coming together.

  • February 19, 2026

    Freshfields Advising EBay's $1.2B Depop Purchase From Etsy

    Freshfields LLP is guiding eBay Inc. on its planned acquisition of Depop, a fast-growing mobile fashion resale marketplace, from Fenwick & West LLP-advised Etsy Inc. for about $1.2 billion in cash, as the online commerce giant seeks to expand its reach among younger consumers.

  • February 18, 2026

    Smith & Wesson Gets Suit Over Tracking Cookies Pared Down

    A California federal judge has cut state wiretap law and several other claims from a proposed class action accusing Smith & Wesson of illegally gathering browsing data from website visitors who rejected the use of tracking cookies, while preserving allegations that the firearm manufacturer facilitated third parties' privacy intrusions.

  • February 18, 2026

    Birkin Bag Fans Appeal Hermès' 'Predetermined' Antitrust Win

    Shoppers urged the Ninth Circuit Wednesday to revive their proposed class action accusing Hermès of illegally tying the sale of its iconic Birkin handbags to other expensive luxury items, arguing that the lower court erroneously "predetermined" the outcome of their case even before they filed their latest complaint.

  • February 18, 2026

    Live Nation Antitrust Claims Heading To Trial

    A New York federal judge on Wednesday refused a bid from Live Nation Entertainment Inc. to avoid a looming trial in a case from the U.S. Department of Justice and state enforcers accusing it of monopolizing the live entertainment industry.

  • February 18, 2026

    4th Circ. Rejects Under Armour's Coverage Rehearing Request

    The Fourth Circuit on Wednesday rejected Under Armour's request to reconsider a recent ruling that capped its coverage for a securities class action, government investigations and derivative matters at $100 million.

  • February 18, 2026

    PayPal 'Too Optimistic' With 2027 Forecast, Investors Say

    PayPal was hit with a shareholder's proposed class action accusing it and its executives of damaging investors by walking back positive guidance and a strong growth trajectory for its branded checkout segment earlier this month.

  • February 18, 2026

    NC Biz Court Slashes Tex-Mex Chain's Trade Secrets Case

    The former manager of an upscale Tex-Mex restaurant in North Carolina pared down a trade secrets suit accusing him of replicating the dining concept at another restaurant in Missouri, with a state judge throwing out all but one breach of contract claim against him.

  • February 18, 2026

    Amazon Says Atty Accused Of TM Scheme Used AI Citations

    Amazon has told a Seattle federal judge that California attorney Kathy Q. Hao relied on artificial intelligence-hallucinated case law in her effort to escape its lawsuit accusing her of participating in a fraudulent trademark scheme, urging the court to weigh sanctions against the lawyer over what the e-commerce and technology giant called "fabricated citations."

  • February 18, 2026

    DOJ Allowed To Dictate Pay, Term Of Google Search Watchers

    A D.C. federal judge sided with the U.S. Department of Justice on Tuesday regarding the key terms of service for the five-member technical committee tasked with observing Google's compliance with mandates to prop up rival search engines with search results and data.

  • February 18, 2026

    PTAB Axes Showerhead Patent After Squires-Ordered Do-Over

    A split Patent Trial and Appeal Board on Wednesday found that all of the claims in a Delta Faucet patent for a light on a showerhead were invalid, after the head of the U.S. Patent and Trademark Office told the board to take another look at Kohler's challenge to the patent.

  • February 18, 2026

    Amazon Rips FTC's 'Farfetched' Antitrust Discovery Refusals

    Amazon slammed the Federal Trade Commission on Tuesday for treating discovery "as a one-way road" in the agency's antitrust case against the e-commerce giant, calling on a Seattle federal judge to again order the agency to cough up answers that the company says are key to formulating its defense.

Expert Analysis

  • FTC's Reseller Suit Highlights Larger Ticket Platform Issues

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    Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

  • Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning

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    A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.

  • A Changing Playbook For Fighting Records Requests In Del.

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    The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.

  • Demystifying The Civil Procedure Rules Amendment Process

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    Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.

  • Bankruptcy Courts May Offer Relief For Tariff-Driven Distress

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    The Bankruptcy Code and the customs laws interact in complex ways that make bankruptcy a powerful, albeit limited, tool for companies that are dealing with tariff-related financial distress, says Eitan Arom at KTBS Law.

  • How 2nd Circ. Cannabis Ruling Upends NY Licensing

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    A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • How Sustainability Reporting Changed In The 1st Half Of 2025

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    Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Union Interference Lessons From 5th Circ. Apple Ruling

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    The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.

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