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Retail & E-Commerce
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January 29, 2026
Wash. Panel Sides With Card Processor In Biz Tax Dispute
A Washington appeals panel ruled Thursday that the state Department of Revenue owed a card payment processor a refund, as the agency wrongly included fees charged by issuing banks in the processor's gross income calculation.
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January 29, 2026
ITC Backs Penalties For Flouting Chocolate Mix Import Ban
The U.S. International Trade Commission has declined to review a decision by an administrative law judge to penalize four grocers found to be violating a ban on importing chocolate malt drink mix.
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January 29, 2026
PubMatic Fails To Score Complete Dismissal Of Privacy Suit
A California federal judge has largely refused to dismiss a proposed class action that accuses digital advertising firm PubMatic Inc. of secretly tracking internet users across the web and selling their data, with the judge allowing most privacy and wiretapping claims to move forward.
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January 29, 2026
Saks To Close 57 Saks Off 5th Stores In Bankruptcy
Saks Global announced Thursday it would close the majority of its Saks Off 5th retail locations and its remaining Neiman Marcus Last Call stores as the company attempts to turn around its business in Chapter 11.
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January 29, 2026
Dispensaries Sue Hawaii Over Criminalizing Hemp Products
Two dispensary owners are suing Hawaii's attorney general and the Hawaii State Department of Health, alleging that the state's new law regulating hemp products is preempted by the 2018 Farm Bill and violates the supremacy clause by criminalizing conduct Congress legalized.
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January 29, 2026
Casey's, Store Managers Settle Overtime Suit
Casey's General Stores and managers reached a settlement in a collective action alleging the convenience store chain and two subsidiaries misclassified them as exempt from overtime pay, according to an Indiana federal judge's order.
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January 29, 2026
Mo. Packaging Co. Files For Ch. 11 To Reduce Debt By $900M
Missouri-based packaging company Pretium Packaging LLC filed for Chapter 11 in a New Jersey bankruptcy court, with a prepackaged plan of reorganization aimed at reducing the company's funded debt by more than $900 million.
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January 28, 2026
Wrong Standard Sunk Benesch Ex-Client's Suit, 7th Circ. Told
A former Benesch Friedlander Coplan & Aronoff LLP client urged the Seventh Circuit on Wednesday to revive her malpractice suit claiming the firm botched her potential trade secrets theft case, arguing a lower court held her to too high a pleading standard in tossing her case.
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January 28, 2026
Trade Secret Filings Hit Record High In 2025, Report Finds
Trade secret litigation reached an all-time high in 2025, with more than 1,500 federal cases filed for the first time ever, according to a new report by legal analytics firm Lex Machina, which also highlights trends about damages, the busiest courts and the law firms most frequently involved.
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January 28, 2026
Louis Vuitton Didn't Heed Salesforce Breach Alert, Suit Says
Louis Vuitton failed to heed warnings and security recommendations from Salesforce to protect against "vishing" techniques from cybercriminals who ended up infiltrating the fashion house's systems last summer and stole customer information, alleges a proposed class action filed Tuesday in New York federal court.
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January 28, 2026
Amazon Seeks To Send Delivery Co.'s RICO Suit To Arbitration
Amazon is urging a Washington federal judge to force a shipping contractor to arbitrate his proposed class action targeting the e-commerce company's logistics partner program, arguing the Ninth Circuit has already held that disputes stemming from its Delivery Service Partner agreement belong in arbitration.
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January 28, 2026
Tyson Cuts $48M Deal To End More Pork Price-Fixing Claims
Commercial and institutional indirect pork purchasers have urged a Minnesota federal judge to preliminarily approve Tyson Foods Inc.'s $48 million deal to resolve antitrust claims over allegedly inflated pork prices, noting that it's the certified class's sixth settlement, bringing the class's total recovery to $114 million as the years-long litigation nears trial.
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January 28, 2026
Del. Justices Told ERISA, Legal Fee Tangle Unprecedented
An attorney for a distressed credit fund told Delaware's Supreme Court justices on Wednesday that a vice chancellor made an unprecedented finding last year that provisions of the nation's employee retirement income law barred entitlement to legal fee advancement in a state contract case, urging the justices to overturn the ruling.
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January 28, 2026
IT Co.'s Arbitration Pact Undercut Class Rights, 9th Circ. Says
TEKsystems Inc. engaged in misleading and coercive actions when it provided an arbitration pact to technology recruiters seeking unpaid overtime nearly two years after they lodged their suit, the Ninth Circuit ruled Wednesday, affirming a California federal court decision.
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January 28, 2026
Investor Says Cannabis Biz Shielded Tax Debt Before Sale
A Los Angeles investor claimed in a state lawsuit that he was defrauded out of $100,000 by a cannabis business owner and brokers who sold him shares in a dispensary without warning him that its tax debt was nearly $150,000.
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January 28, 2026
Amazon Must Face Delivery Driver Restroom Tech Claims
A Washington federal judge on Wednesday mostly allowed a company's claims accusing Amazon.com Inc. of stealing technology that routes delivery drivers to nearby bathrooms to proceed, saying he would not stop it from presenting its misappropriation claims.
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January 28, 2026
6th Circ. Affirms Retailer Not Insured For Pandemic Losses
The Sixth Circuit has upheld a Tennessee federal court's decision denying a national clothing retailer's bid for coverage for COVID-19 pandemic-related costs, ruling the lower court conducted its "choice of law" analysis correctly and that Tennessee and Pennsylvania laws bar coverage.
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January 28, 2026
Fairlife Founders Freed From Calif. Cow Treatment Suit
The founders of Fairlife brand milk can't be held liable in a California proposed class action accusing the company of making false claims about humane cow treatment, a federal judge ruled, saying the suit failed to point to any examples of intentional acts they made directed to the state.
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January 28, 2026
LegitScript's Counterclaims Against PharmacyChecker Tossed
An Oregon federal court dismissed LegitScript's counterclaims accusing PharmacyChecker.com of making false statements about the legality of importing prescription drugs, in a suit accusing the pharmacy accreditation provider of blacklisting the price-checking website.
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January 28, 2026
'Danke' And 'Merci' Chocolates Not Confusing, TTAB Rules
A trademark tribunal made precedential a ruling that a chocolate maker's application for "Danke" can proceed because it's not confusingly similar to a confectioner's registration for "Merci," even though both mean "thank you" in different languages.
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January 28, 2026
Jordan Card Seller Found Guilty Of Faking 'Mint' Grades
A Manhattan federal jury on Wednesday convicted a Washington state man of meticulously faking grades to boost the value of big-dollar trading cards, including an iconic Michael Jordan rookie card, to rip off buyers seeking collectibles in prime condition.
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January 27, 2026
Ford Can't Ditch Claims Of Faulty F-150 Transmissions
An Illinois federal judge refused to side with Ford on drivers' claims that it sold certain F-150 trucks with defective 10-speed automatic transmissions, finding that, at this stage in the litigation, a Massachusetts driver has adequately alleged a violation of his state's consumer protection law.
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January 27, 2026
Shein Moves To Toss Artist's 'Misguided' Copyright, RICO Suit
Shein urged a California federal court to toss a proposed copyright and racketeering class action that accuses the fast-fashion online retailer of using sophisticated algorithmic systems and artificial intelligence to steal artists' works, chiding the suit's bid to equate Shein with a criminal enterprise as "fanciful and severely misguided."
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January 27, 2026
Feds Say Evidence Clear As Sports Card Case Goes To Jury
A Manhattan federal jury on Tuesday weighed charges against a Washington state man accused of duping buyers of pricey sports trading cards by faking their condition, after prosecutors said "a mountain of evidence" proves the defendant ran a lucrative forgery operation.
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January 27, 2026
Adhesive Cos. Push Back On FTC Merger Concerns
The makers of Loctite and Liquid Nails told a New York federal court that the Federal Trade Commission will be unable to show their planned $725 million merger will hurt competition for construction adhesives.
Expert Analysis
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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.
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Changes In Crypto, Cybersecurity Defined NY Banking In 2025
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.
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Reviewing 2025's Most Pertinent Wiretap Developments
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.
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Series
Nature Photography Makes Me A Better Lawyer
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.
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How Cos. Can Roll With NY's New Algorithmic Pricing Rules
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.
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Series
Law School's Missed Lessons: Practical Problem Solving
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.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
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.
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Netflix Caps 2025 M&A Deals That Will Test Antitrust Strategy
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.
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AG Watch: Texas Junk Fee Deal Shows Enforcement Priorities
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.
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A Look At The Wave Of 2025 Email Marketing Suits In Wash.
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.
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
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.