Retail & E-Commerce

  • January 14, 2026

    NJ Judge Orders Mediation In Merck-Cencora Indemnity Fight

    Cencora Inc. can't derail a Merck third-party complaint arguing a prior settlement between the parties requires the drug wholesaler to indemnify Merck in antitrust litigation by Humana, a New Jersey federal court ruled Wednesday, ordering the parties to go to mediation over the dispute.

  • January 14, 2026

    NJ Legislature OKs Entertainment Renovation Tax Credit

    New Jersey would allow certain sports and entertainment renovation projects to claim an income tax credit under an economic development program if a bill passes in the state Legislature. 

  • January 14, 2026

    United Rentals Says NC Sales Rep Diverted Biz To Competitor

    A former United Rentals Inc. sales representative drafted a resignation letter based on a competitor's offer letter, revealed sales leads and followed his new employer's advice on how to download data from his company devices for future use, a new lawsuit alleges.

  • January 14, 2026

    Ga. Panel Says Judge Overstepped In Voiding Noncompete

    The Georgia Court of Appeals ruled that a state trial court overstepped in throwing out a noncompete agreement between a motorcycle dealership and its former chief operating officer, reversing an "overbroad" decision to invalidate the entire agreement.

  • January 14, 2026

    Wholesaler Admits To $2.5M Opioid Diversion Scheme

    A Miami-based pharmaceutical wholesaler has signed on to a two-year deferred prosecution agreement with federal prosecutors over a charge that it knowingly diverted opioids to "pill mill" pharmacies, bringing in more than $2.5 million.

  • January 14, 2026

    Supreme Court Rejects Cigar Maker's Appeal Over Atty Fees

    The U.S. Supreme Court has declined to hear cigar maker Swisher International Inc.'s appeal in a long-running contractual and antitrust dispute with Trendsettah USA Inc., leaving intact a Ninth Circuit ruling that revived part of a jury verdict and more than $10 million in related attorney fee awards.

  • January 14, 2026

    Retailer Saks Global Hits Ch. 11 With Over $3B Debt

    The parent company of luxury department store chain Saks Fifth Avenue filed for Chapter 11 protection Wednesday in a Texas bankruptcy court with $3.4 billion in funded debt, buckling under the strain of debt it used to fund its purchase of Neiman Marcus more than a year ago.

  • January 13, 2026

    CoStar, Quinn Emanuel Spar Over Litigation Representation

    CoStar urged a California federal judge Tuesday to disqualify Quinn Emanuel Urquhart & Sullivan LLP from helping a rival commercial real estate platform pursue antitrust counterclaims in CoStar's copyright infringement suit, while the law firm moved to drop its representation of CoStar in separate litigation.

  • January 13, 2026

    Credit-Card Fight Heats Up As Trump Backs Swipe Fee Bill

    Bankers moved swiftly Tuesday to push back on President Donald Trump's late-night endorsement of legislation that he said will stop "out of control" credit-card swipe fees, his latest broadside against the credit card industry that has lenders on the defensive over costs.

  • January 13, 2026

    The Atlantic Sues Google In Latest Ad Tech Antitrust Suit

    The Atlantic became the latest publisher Tuesday to launch an ad tech antitrust suit against Google LLC, accusing the search engine giant in New York federal court of cutting the publisher and ad-tech companies out of billions of dollars in revenue by monopolizing the publisher ad server and ad exchange markets.

  • January 13, 2026

    Emotional Distress Claim Axed In Hartford Fire Coverage Row

    A federal magistrate judge dismissed a business owner's claim that Hartford Underwriters Insurance Co. intentionally caused her emotional distress through a "berating" phone call about a coverage dispute, ruling that she fell short of her burden to allege extreme conduct.

  • January 13, 2026

    Google Gets 6 Ad Tech Rivals' Complaints Consolidated To 2

    The six antitrust lawsuits from Google's advertising placement technology rivals will soon be consolidated into two, under a New York federal judge's ruling Tuesday combining the four suits originally filed in Virginia and pairing up the two filed in New York.

  • January 13, 2026

    Ill. Justices Mull COVID Screening Pay Under State Law

    The Illinois Supreme Court should leave decades of understanding surrounding the statutory term "workweek" intact and rule that the state's minimum wage law incorporates federal limitations on compensable preliminary activities, as finding otherwise would revive a short-lived overtime regime Congress considered "disastrous," Amazon argued Tuesday.

  • January 13, 2026

    Google Moves To Toss Penske Media's AI Overview Suit

    Google has urged a D.C. federal court to dismiss Penske Media Corp.'s antitrust lawsuit accusing it of unlawfully coercing publishers into providing content for artificial intelligence-generated answers at the top of Google search result pages, painting its conduct as a lawful "refusal to deal" on PMC's preferred terms.

  • January 13, 2026

    Starbucks Misled Patrons On Coffee Supplier Ethics, Suit Says

    Two consumers are targeting Starbucks for touting "100% Ethical Coffee Sourcing" on product labels despite reports of forced labor and other human rights violations on supplying farms around the world, according to a proposed class action launched in Washington state federal court Tuesday.

  • January 13, 2026

    Battery Co. Urges 11th Circ. To Undo $20M Award In IP Feud

    A battery charger company told the Eleventh Circuit on Tuesday that it should reverse a roughly $20 million award after a jury found it ran Amazon advertisements that infringed a rival's trademark, arguing it used a generic product description and didn't cause confusion among consumers. 

  • January 13, 2026

    Oak Street Exec's Ex-Partner Must Forfeit $617K In Assets

    Federal authorities can delve into the assets of a man who made illegal insider trades of CVS stock based on information from his domestic partner so that they can recover $617,000 he agreed to forfeit as part of a plea deal, a Pennsylvania federal judge said Tuesday.

  • January 13, 2026

    CEO Of Auto Mat Maker WeatherTech Tapped For FTC Spot

    The founder and CEO of automobile accessories-maker WeatherTech, David MacNeil, was nominated to a seat on the U.S. Federal Trade Commission by President Donald Trump, the White House announced Tuesday. 

  • January 13, 2026

    2nd Circ. Hints Ex-Luxottica Worker Has ERISA Standing

    Second Circuit judges sounded sympathetic Tuesday to the idea that a former Luxottica employee has standing to pursue changes to its defined benefit pension plan, expressing skepticism at the company's notion that her case is barred because she is seeking unavailable remedies.

  • January 13, 2026

    Full Fed. Circ. Asked To Reconsider Car Seat Patent Case

    Wonderland Switzerland AG wants the full Federal Circuit to take another look at a panel's December reversal of part of a ruling that Evenflo Co. Inc. infringed one of its car seat patents, saying the suit involves a regularly occurring question in patent law.

  • January 13, 2026

    Fed. Circ. Backs PTAB's Axing Of UV Disinfectant Patent

    The Federal Circuit on Tuesday issued a one-word order affirming a Patent Trial and Appeal Board decision invalidating claims in a patent covering technology for using UV light for sanitation, declining to take on the inventor's challenge to the board's obviousness determinations.

  • January 13, 2026

    Squires Institutes 8 Patent Reviews, Rebuffs 47 Petitions

    U.S. Patent and Trademark Office Director John Squires has denied 47 requests for America Invents Act patent reviews and granted eight other petitions, continuing his practice of spurning most patent challenges that reach his desk since he took over the handling of institution decisions.

  • January 13, 2026

    DOJ Fights For May Trial Against Agri Stats

    Justice Department attorneys pushed a Minnesota federal judge in oral arguments Tuesday to let them go to trial in May on claims that Agri Stats' protein industry reports help major producers hike prices, arguing they're entitled to leapfrog private plaintiffs and the company cannot toss or winnow their allegations.

  • January 13, 2026

    Lawmakers Eye 2-Year Delay On Hemp Ban Implementation

    A bipartisan group of Congress members led by Rep. Jim Baird, R-Ind., on Tuesday introduced a bill that would delay implementation of a national ban on most hemp products by an additional two years.

  • January 13, 2026

    Bath & Body Works Investor Sues Over Co.'s Growth Claims

    Retail chain Bath & Body Works Inc. was hit with a proposed shareholder class action accusing it of misleading investors about the success of its product expansion strategy and leaning heavily on frequent promotions to drive unsustainable growth.

Expert Analysis

  • Series

    The Law Firm Merger Diaries: Forming Measurable Ties

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    Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

  • AG Watch: Va. Insulin Price Probe Signals Rising Scrutiny

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    Virginia Attorney General Jason Miyares' recent investigation into insulin manufacturers and pharmacy benefit managers for allegedly colluding to artificially inflate insulin prices reflects a broader trend to leverage consumer protection authority in high-impact healthcare matters, and the upcoming leadership change is unlikely to diminish scrutiny in this area, says Chuck Slemp at Cozen O'Connor.

  • 3 Key Takeaways From Planned Rescheduling Of Cannabis

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    An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.

  • 6 Issues That May Follow The 340B Rebate Pilot Challenge

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    Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.

  • 5 E-Discovery Predictions For 2026 And Beyond

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    2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

  • Reviewing Historical And Recent NYDFS Blockchain Guidance

    Excerpt from Practical Guidance
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    An industry letter released in the fall by the New York State Department of Financial Services, together with guidance issued over the past decade, signals a heightened regulatory expectation for covered institutions regarding the use of blockchain analytics and requires review, says Nicole De Santis at Nomadis Consulting.

  • Business Considerations Amid Hemp Product Policy Change

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    With the passage of a bill fundamentally narrowing the federal definition of "hemp," there are practical and business considerations that brands, manufacturers and other parties should heed over the next year, including operational strategies, evaluating contract and counterparty risk, and tax implications, say attorneys at Foley Hoag.

  • Disney's OpenAI Deal Could Be Turning Point In IP Licensing

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    The Disney-OpenAI agreement last month is less an anomaly than an early attempt to define what licensed generative use of entertainment intellectual property looks like in practice, including how artificial intelligence user-generated content is permitted without eroding ownership and control, says Alex Locke at Meister Seelig.

  • Series

    Judges On AI: How Courts Can Boost Access To Justice

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    Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.

  • Opinion

    DHS' Parole Termination Violates APA And Due Process

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    The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.

  • Shopify Suit Is An Early Antitrust Test Of 'Buy Now, Pay Later'

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    An ongoing antitrust suit in Minnesota federal court filed by Sezzle against Shopify — one of the earliest such lawsuits focused on buy now, pay later services — could play a particularly informative role in how short-term credit offerings and the broader market develop, say attorneys at Alston & Bird.

  • Opinion

    The Case For Emulating, Not Dividing, The Ninth Circuit

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    Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.

  • Series

    Mass. Banking Brief: All The Notable Legal Updates In Q4

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    Among the most significant developments on the banking regulation front in Massachusetts last quarter, Attorney General Andrea Joy Campbell announced her bid for reelection, and the state Division of Banks continued its fintech focus by finalizing rules implementing a new money transmitter law, say attorneys at Nutter.

  • Series

    Muay Thai Makes Me A Better Lawyer

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    Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.

  • Higher Expectations For 'Schedule A' IP Suits On The Horizon

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    Two 2025 rulings may reflect a growing judicial discomfort with the current state of Schedule A litigation — intellectual property lawsuits that typically involve brand owners suing multiple defendants doing business on e-commerce platforms — and that evidentiary submissions and temporary restraining order requests may face more rigorous review, says Dylan Scher at Quinn Emanuel.

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