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Retail & E-Commerce
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February 02, 2026
NFL, Fanatics Bolster Attempt To Toss Fans' Monopoly Suit
The NFL and Fanatics pushed a New York federal court to toss a fan lawsuit that accused the pair of monopolizing the online retail market for league merchandise, arguing a previously dismissed lawsuit already found the plaintiffs' arguments defective.
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February 02, 2026
RI Officials Fight Two Bids To Block Pot Licensing Scheme
The Rhode Island Cannabis Control Commission is pushing back on a pair of motions seeking to block its social equity cannabis licensing program, arguing in both cases that the residency requirement does not run afoul of the U.S. Constitution's dormant commerce clause.
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February 02, 2026
Amazon Shoppers' Counsel Admit To AI Errors In Motion
Lawyers representing Amazon customers in a proposed class action over supplement labeling have apologized to a Seattle federal judge for artificial intelligence hallucinations included in a recent filing, acknowledging "certain miscitations and misquotations" resulted from a Just Food Law PLLC attorney's use of the nascent technology and a failure by Boies Schiller Flexner LLP co-counsel to catch the errors.
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February 02, 2026
Vape Sellers Say Texas' China Liquid Ban Is Unconstitutional
A group of vape distributors and retailers is suing to block enforcement of a new Texas law prohibiting the sale of e-cigarettes using liquid from China and other "adversaries" of the U.S., saying the law is unconstitutional as only Congress can regulate trade with foreign countries.
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January 30, 2026
Google Can't Ditch $425M Privacy Verdict, But Won't Owe $2B
A California federal judge on Friday refused to decertify a class of Google users who scored a $425 million jury verdict in their privacy suit; however, he also shot down the consumers' request that Google shell out an additional $2.36 billion in disgorgement of profits.
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January 30, 2026
Kroger, Albertsons Look To Block FTC Testimony Handover
Grocery giants Albertsons and Kroger asked a California federal judge to protect sensitive expert testimony that helped the Federal Trade Commission torpedo their planned merger in 2024, which a new FTC target said is urgently needed to show that the regulator is creating contradictory market analyses.
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January 30, 2026
Brewery Ownership Condition Takes Spotlight In Beer IP Fight
SweetWater Brewing Co.'s chief executive officer asked a Georgia federal judge for an early win Friday in a copyright suit brought by the creator of the company's trout logo, taking aim at the claim that SweetWater could only use the artwork as long as the CEO remained the brewery's owner.
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January 30, 2026
CBD Cos. Say They're Wrong Defendants In Kratom Suit
Shaman Botanicals LLC and CBD American Shaman LLC are urging a California federal judge to throw out claims that they mislead consumers by failing to warn them that Soma Kratom products are dangerous and addictive, saying they're not affiliated with Soma Kratom in the first place.
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January 30, 2026
Creditors Given Weekend To Review Saks Off 5th Closures
A Texas bankruptcy judge on Friday indicated that he will approve Saks Global's emergency motion to close the majority of its Saks Off 5th retail locations and its remaining Neiman Marcus Last Call stores, but not until Monday at the earliest.
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January 30, 2026
Pa. Restaurant Wants Walmart To OK Roof Permit
A Pennsylvania restaurant claims in a complaint in Pennsylvania state court that its Walmart Inc. landlord has failed to approve a permit for replacing the restaurant's "old and deteriorated" roof.
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January 30, 2026
Fanatics, Leagues Want Out Of Card Buyers' Antitrust Suit
Trading card customers accusing Fanatics of manipulating the market through its exclusive deals with the major sports leagues make premature and implausible conclusions, the collectibles giant told a New York federal judge in its bid to dismiss the suit.
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January 30, 2026
Allergan Sued Over 'Preservative Free' Eyedrop Labeling
AbbVie unit Allergan USA was hit with a proposed false advertising class action Wednesday in Illinois state court by two customers alleging that the company labeled its eyedrops as "preservative free" despite the fact that they contain boric acid.
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January 30, 2026
1st Circ. Revives Ex-Hasbro Workers' Religious Vax Bias Suit
Two former Hasbro employees who sought religious exemptions from the company's COVID-19 vaccination policy plausibly alleged they were disciplined because of their accommodation requests, the First Circuit ruled, reviving the workers' retaliation and discrimination suit.
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January 30, 2026
DOJ Requires Divestitures For Reddy Ice-Arctic Glacier Tie-Up
The U.S. Department of Justice Antitrust Division is forcing Reddy Ice to divest assets in five geographic areas in order to win approval for a $126 million acquisition of competitor Arctic Glacier.
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January 30, 2026
Amazon Says Shoppers' Labeling Suit Is Corrupted By AI Errors
In customers' latest filing in their proposed class action accusing Amazon of failing to make required disclosures on dietary supplement product pages, the e-commerce giant alleges that the plaintiffs have submitted a document riddled with errors derived from the use of generative text.
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January 30, 2026
USTR Signs Trade Agreements With El Salvador, Guatemala
The U.S. signed framework trade agreements with El Salvador and Guatemala, according to announcements from the U.S. Trade Representative's Office.
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January 30, 2026
UK Litigation Roundup: Here's What You Missed In London
This past week in London saw collapsed solar bonds company Rockfire Capital sue the Royal Bank of Scotland, e-ticket platform Eventbrite target the owners of Salford Red Devils rugby club over an alleged contract breach, and Scottish distiller William Grant & Sons square off against a former MP in a trademark tussle tied to its Glenfiddich whisky.
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January 29, 2026
NC Vape Sale Limits Face Preemption Test At 4th Circ.
Counsel for vape manufacturers and sellers implored the Fourth Circuit Thursday to agree with an interpretation of the federal Food, Drug, and Cosmetic Act that would preempt a new North Carolina law that regulates and prohibits the sale of certain e-cigarette or "vape" products.
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January 29, 2026
7th Circ. Mulls Army Motto's Protection In TM Retrial Bid
The Seventh Circuit seemed unsure Thursday whether it should grant a California-based T-shirt company relief from a trademark trial loss over its use of the phrase "This We'll Defend" on its products, questioning whether the phrase is too common to warrant protection under federal or common law.
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January 29, 2026
Costco Sued Over 'No Preservatives' Roast Chicken Ads
A pair of Golden State consumers have hit Washington-based Costco Wholesale Corp. with a proposed class action in California federal court, accusing the company of falsely advertising its popular $4.99 rotisserie chicken as preservative free despite containing two chemicals — sodium phosphate and carrageenan — which allegedly function like preservatives.
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January 29, 2026
Apple Dodges Users' Deposition In Google Antitrust Case
A California federal judge has quashed a Christmas Eve deposition subpoena that sought information from Apple Inc. concerning dealings with Google LLC, saying users who accused Google of suppressing rival search engines through anticompetitive deals had no valid reason for the subpoena.
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January 29, 2026
Apple Aims To Boot Anti-Moonlighting Suit To Arbitration
Apple Inc. urged a Seattle federal judge to throw out a former employee's proposed class action accusing the company of unlawfully barring lower-wage workers from taking second jobs, arguing that plaintiff Gabriel Fisher gave up his right to sue when he signed an arbitration agreement included in his job offer.
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January 29, 2026
Dems Have Questions Over FTC's Unsealed Pepsi Complaint
Democratic lawmakers have accused PepsiCo Inc. of providing misleading responses to a previous inquiry about the Federal Trade Commission's abandoned price discrimination case, while also raising concerns that the agency dropped the case for political reasons.
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January 29, 2026
Amazon Consumers Lose Bid For Earlier Antitrust Trial Date
The trial in a massive consumer antitrust class action against Amazon.com Inc. will remain scheduled for June 2027 following a Seattle federal judge's refusal of shoppers' request to move up the trial to November.
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January 29, 2026
Conn. Drug Price Cap Survives Distributor Challenge, For Now
The Second Circuit has declined a bid to immediately block the state of Connecticut from enforcing a cap on generic and off-patent drug prices while the Healthcare Distribution Alliance, a collection of wholesale distributors, challenges the new law.
Expert Analysis
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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Privacy Policy Lessons After Google App Data Verdict
In Rodriguez v. Google, a California federal jury recently found that Google unlawfully invaded app users' privacy by collecting, using and disclosing pseudonymized data, highlighting the complex interplay between nonpersonalized data and customers' understanding of privacy policy choices, says Beth Waller at Woods Rogers.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Recent Precedent May Aid In Defending Ad Tech Class Actions
An emergent line of appellate court precedent regarding the indecipherability of anonymized advertising technology transmissions can be used as a powerful tool to counteract the explosion of advertising technology class actions under myriad statutory theories, say attorneys at Duane Morris.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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How Fashion, Tech Can Maximize New Small Biz Tax Breaks
Fashion and technology companies, which invest heavily in innovation, should consider taking advantage of provisions in the One Big Beautiful Bill Act that favor small businesses, restructuing if necessary to become eligible for expanded research and experimental expenditure credits and qualified small business stock incentives, says Aime Salazar at Olshan Frome.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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2 Fed. Circ. Rulings Underscore Patent Prosecution Pitfalls
Two recent patent decisions from the Federal Circuit, overturning significant judgments, serve as reminders that claim modifications and cancellations may have substantive effects on the scope of other claims, and that arguments distinguishing prior art and characterizing claims may also limit claim scope, say attorneys at Morgan Lewis.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Ruling On Labor Peace Law Marks Shift For Cannabis Cos.
Currently on appeal to the Ninth Circuit, an Oregon federal court’s novel decision in Casala v. Kotek, invalidating a state law that requires labor peace agreements as a condition of cannabis business licensure, marks the potential for compliance uncertainty for all cannabis employers in states with labor peace mandates, say attorneys at Sheppard Mullin.
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Fed. Circ. Rulings Refine Patent Claim Construction Standards
Four Federal Circuit patent decisions this year clarify several crucial principles governing patent claim construction, including the importance of prosecution history, and the need for error-free, precise language from claims drafters, say attorneys at Taft.
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
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.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
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.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
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.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
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.