Retail & E-Commerce

  • 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.

  • February 18, 2026

    TD Bank Customers Seek OK Of $2.5M Debt Collection Deal

    A class of West Virginia TD Bank credit card holders asked a federal judge to grant final approval to a $2.5 million settlement to end claims the bank improperly used different names when collecting debt.

  • February 18, 2026

    US, Japan Announce $36B In Projects As Part Of Trade Deal

    Japan and its companies will undertake new investments in U.S. manufacturing and energy production facilities that total nearly $36 billion, the U.S. and Japanese governments announced as part of a framework trade agreement and confirmed Wednesday. 

  • February 18, 2026

    NY Bill Would Allow Low-THC Drinks In Liquor Stores

    A new bill introduced in the New York State Legislature would permit alcohol retailers to sell low-potency cannabis-infused beverages with up to 5 milligrams of THC and impose a new tax on their sale.

Expert Analysis

  • Series

    Law School's Missed Lessons: Client Service

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    Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.

  • How The FTC Is Stepping Up Subscription Enforcement

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    Despite the demise of the Federal Trade Commission's click-to-cancel rule in July, the commission has not only maintained its regulatory momentum, but also set new compliance benchmarks through recent high-profile settlements with Match.com, Chegg and Amazon, say attorneys at Holland & Knight.

  • Series

    Adapting To Private Practice: 3 Tips On Finding The Right Job

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    After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.

  • AG Watch: Va. Race Spotlights Consumer Protection Priorities

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    Ahead of the state's attorney general election, Virginia companies should assess how either candidate's approach could affect their compliance posture, with incumbent Jason Miyares promising a business-friendly atmosphere that prioritizes public safety and challenger Jay Jones pledging to focus on economic justice and corporate accountability, says Chuck Slemp at Cozen O’Connor.

  • Series

    Painting Makes Me A Better Lawyer

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    Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.

  • Protecting Sensitive Court Filings After Recent Cyber Breach

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    In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.

  • Wash. Ruling Raises Pay Transparency Litigation Risk

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    Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.

  • New Calif. Chatbot Bill May Make AI Assistants Into Liabilities

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    While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.

  • Series

    Judging Figure Skating Makes Me A Better Lawyer

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    Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.

  • What Ethics Rules Say On Atty Discipline For Online Speech

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    Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.

  • 4 Steps To Designing Effective Survey Samples For Trial

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    The Federal Trade Commission's recent move to exclude a defense expert's survey in FTC v. Amazon on the basis of flaws in the survey sample design highlights that ensuring survey evidence inclusion at trial requires following a road map for effective survey sample design, say consultants at Compass Lexecon.

  • Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

    Excerpt from Practical Guidance
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    Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.

  • Keys To Extended Producer Responsibility Compliance

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    As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.

  • Series

    Power To The Paralegals: How And Why Training Must Evolve

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    Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

  • Evaluating The Current State Of Trump's Tariff Deals

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    As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.

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