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Retail & E-Commerce
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January 26, 2026
Southern Glazer's Wants To Compare FTC Case To Kroger
Southern Glazer's Wine and Spirits LLC urged a California federal judge Friday to give it key material from the Federal Trade Commission's successful challenge to the Kroger-Albertsons merger, sparring with the FTC on arguments that the agency is contradicting itself in a price discrimination lawsuit.
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January 26, 2026
Masimo Chafes Against Apple's Bid To Duck $634M IP Verdict
Masimo has urged a California federal court to turn down Apple's request for relief from its $634 million trial loss in the companies' patent infringement fight over the Apple Watch, arguing that the company has made "extraordinarily untimely" attempts to change the meaning of "patient monitor."
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January 26, 2026
Long Island Town Says Cannabis Law Doesn't Preempt Zoning
A Long Island town has told a New York intermediate appellate court that the state's cannabis law cannot preempt localities from enforcing their zoning policies when it comes to allowing where marijuana stores can be located.
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January 26, 2026
Meta, YouTube Sued By Subject Of Viral Turo Dash Cam Clip
A Washington woman featured in a viral video that showed her texting while driving just before a crash claims she was illegally recorded by a secret camera in a car she rented on Turo, according to a new lawsuit against the rental platform, Facebook parent company Meta Platforms Inc., YouTube, Reddit and others.
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January 26, 2026
Al Habtoor Group Escalates $1.7B Dispute With Lebanon
Emirati conglomerate Al Habtoor Group said Monday that it will step up an investment treaty dispute against Lebanon over an alleged $1.7 billion in losses to its investments in hotels, real estate and other sectors in the country, saying it has "no other alternative."
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January 26, 2026
Bain-Controlled Bob's Discount Furniture Eyes $350M IPO
Bob's Discount Furniture Inc. on Monday revealed plans to sell nearly 19.5 million shares of its common stock at an estimated $17 to $19 per share via an initial public offering, allowing the Connecticut-based retailer to potentially raise $350 million, assuming midpoint estimates.
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January 26, 2026
Fed. Circ. Won't Revisit 'More Than An Athlete' TM Suit
The Federal Circuit on Monday declined to reconsider its decision affirming a trademark tribunal's finding that NBA star LeBron James and his company own the rights to the phrase "More Than An Athlete."
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January 26, 2026
Fla. Panel Sides With State Over Signatures For Pot Initiative
A Florida state appeals court sided with officials over invalidating more than 70,000 signatures collected for a potential ballot initiative that would legalize recreational cannabis in the Sunshine State, saying emailed directives handed down to county election supervisors regarding petition verification weren't unlawful.
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January 26, 2026
Ill. Judge Trims False Ad Suit Over Abbott Formula
An Illinois federal judge Friday dismissed several claims in a putative class action alleging Abbott Laboratories falsely advertised its toddler drinks sold under the Similac brand as nutritionally proper for children ages 12 months to 36 months, but largely allowed the parents' complaint to move forward.
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January 26, 2026
Dooney & Bourke Accused Of Misleading Email Sales Tactics
Handbag and leather goods brand Dooney & Bourke Inc. violated a Washington State law by sending email blasts offering repeated "last chance" sales with just "hours left" for consumers to purchase advertised products, according to a lawsuit recently removed to federal court.
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January 26, 2026
4th Circ. Preview: NCAA Eligibility And E-Cigarette Law
Notwithstanding the winter storm that slammed several states over the weekend, litigators will clash at the Fourth Circuit this week on whether NCAA eligibility rules violate antitrust law, or federal law preempts North Carolina's ability to regulate e-cigarette sales.
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January 26, 2026
Pot Co. Investors Say Owners Withheld Ownership Rights
Investors in a Long Beach, California, cannabis dispensary are suing the company's principals, saying they have not turned over a 5% ownership stake in exchange for their $250,000 investment and may be using the funds inappropriately.
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January 23, 2026
Warren Tells CFPB's Vought To Heed His Boss On Credit Cards
A top Democratic senator on Friday pointedly challenged the Consumer Financial Protection Bureau to follow through on President Donald Trump's credit card affordability concerns, questioning whether its current chief is "disregarding" White House wishes.
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January 23, 2026
Kenvue Unit Asks Justices To Clarify Class Cert. Expert Rules
A unit of consumer health products company Kenvue has urged the U.S. Supreme Court to hear its class certification challenge in litigation over Neutrogena's "oil-free" face wash labels, arguing circuit courts are "openly and intractably" divided over whether expert testimony must be admissible for certification and the split has "immense practical consequences."
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January 23, 2026
Paraquat, J&J Talc Litigation Headline Philly's 2026 Mass Torts
Cases concerning illnesses stemming from the herbicide paraquat and talcum power are kicking off 2026 in Philadelphia's mass tort system, pitting corporate powerhouses like Chevron, Syngenta and Johnson & Johnson against the city's perceived plaintiff-friendly juries.
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January 23, 2026
Hasbro Brass Sued Over Magic: The Gathering Card Glut
The top brass of toy company Hasbro Inc. have been hit with a shareholder suit alleging they misled investors about the company's strategy for its popular Magic: The Gathering brand, leading to stock price declines as it was revealed that the game's signature cards were being overprinted.
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January 23, 2026
10th Circ. Asked To Overturn Mail Scam Fraud Convictions
Two former Epsilon Data Management LLC employees convicted for their roles in selling data to mail scammers who preyed on the elderly and vulnerable asked the Tenth Circuit to overturn their convictions Friday, while the panel questioned the government's conspiracy case against Epsilon's former business manager.
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January 23, 2026
Instacart, DoorDash, Uber Can't Block NYC's Delivery Laws
Two New York federal judges rejected requests by delivery companies Instacart, DoorDash and Uber to halt New York City laws regulating tipping options, minimum wage and disclosure requirements, saying that the companies didn't support their arguments that the laws violate the First Amendment and federal preemption principles.
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January 23, 2026
Bipartisan House Bill Would Regulate Hemp-Derived CBD
Members of Congress on Thursday unveiled a bipartisan bill to legalize and regulate the manufacture and sale of hemp-derived CBD products, while a federal ban on virtually all consumable hemp products is still due to take effect in approximately 10 months.
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January 23, 2026
News Rating Org. Latest To Fight 'Ideological' FTC Subpoena
News rating organization NewsGuard became the latest group to challenge a Federal Trade Commission subpoena looking for censorship of conservative viewpoints, asking the agency to quash information demands it said was born of FTC Chairman Andrew Ferguson's "ideologically motivated effort to censor and otherwise discriminate" against it.
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January 23, 2026
EU To Suspend US Tariff Countermeasures Another 6 Months
The European Union will suspend tariff countermeasures covering more than €93 billion ($110 billion) of U.S. goods another six months after President Donald Trump backed down from tariff threats this week in reaching a preliminary agreement on U.S. security interests in Greenland, an official said Friday.
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January 23, 2026
Hawaii House Bill Would Legalize, Tax Cannabis
Hawaii would allow adult-use cannabis sales in the state and tax the sales under a bill introduced in the state House of Representatives.
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January 23, 2026
Reforms, $737.5K Fee Proposed To End Del. Skin Tech Suit
A mediated deal on corporate governance reforms and a fee and expenses award have tentatively settled a consolidated Delaware Court of Chancery derivative suit targeting oversight and disclosure failures involving a "hydrafacial" skin treatment device that cost The Beauty Health Co. at least $63.2 million to manage.
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January 23, 2026
7th Circ. Says Suit Over Veteran's Photo Is Time-Barred
The Seventh Circuit has declined to reinstate a military veteran's claims that a photo of him on patrol in Afghanistan was improperly licensed and sold as a poster by online retailers, saying the case is time-barred since the statute of limitations clock began when the photo was published and not when he discovered it.
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January 23, 2026
Saks Gets OK To Start Liquidating Online Unit's Inventory
A Texas bankruptcy judge gave one of Saks' online affiliates permission to get the ball rolling on an inventory liquidation after the retailer said a quick sale is needed to meet its lenders' terms for allowing it to use cash collateral.
Expert Analysis
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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9th Circ. Leaves Scope Of CIPA Applicability Unclear
Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.