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Retail & E-Commerce
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March 23, 2026
Justices Reject Case Alleging Google-Apple Search Pact
The U.S. Supreme Court refused Monday to review rulings from a California federal judge and the Ninth Circuit dismissing a lawsuit accusing Google of anticompetitively paying Apple not to produce its own search engine.
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March 23, 2026
Justices Pass On Challenge To Courts' Sanctions Authority
The U.S. Supreme Court on Monday declined a dietary supplement company's request to review sanctions it was issued at trial in a false advertising dispute, in a case that could have led justices to clarify when courts may use their inherent authority to sanction parties for litigation conduct.
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March 23, 2026
Justices Won't Review Antitrust Counterclaims Against CoStar
The U.S. Supreme Court refused on Monday to review a ruling that revived antitrust counterclaims lodged against the commercial real estate platform CoStar in its case accusing a rival platform of large-scale copyright infringement.
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March 20, 2026
5th Circ. Wipes Out FTC's TurboTax 'Deceptive' Ad Ruling
The Fifth Circuit on Friday vacated the Federal Trade Commission's cease-and-desist order imposed on Intuit Inc. for its TurboTax advertising that regulators say duped customers into thinking they could file their tax returns for free, saying the agency's in-house decision is unconstitutional, and the dispute must go to federal court.
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March 20, 2026
Ad Tech Class Can't Make Outside Plaintiffs Set Aside Funds
Individual website publishers suing Google won't have to set aside 10% of any winnings in the sprawling advertising placement technology antitrust multidistrict litigation after a New York federal judge said that the certified class of publishers was embellishing its contributions in seeking the set-aside.
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March 20, 2026
Rogue Fitness, Bike Co. Ask Ohio Judge To Scrap TM Dispute
Workout products company Rogue Fitness and bike company Rogue Ridge have asked an Ohio federal judge to vacate a Trademark Trial and Appeal Board decision and dismiss litigation challenging it, as they have struck a settlement.
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March 20, 2026
Conn. Firm Wants $3.2M Lids Contract Suit In State Court
An engineering firm told a Connecticut federal judge that Hat World Inc. must abide by a forum selection clause in their now terminated agreement and litigate the plaintiff's $3.2 million breach of contract suit in state court.
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March 20, 2026
Chubb Moves To Toss Shareholder's Climate Proposal Suit
Insurance company Chubb Ltd. is fighting an effort to place a climate-related question on its annual corporate ballot, telling a Washington, D.C., federal judge that the shareholder championing the proposal is attempting to micromanage its business.
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March 20, 2026
Fed. Circ. Affirms No Atty Fees In Floor Mat Patent Suit
The Federal Circuit on Friday agreed with a lower court that no attorney fees were necessary for Incstores LLC for prevailing over a patent infringement case regarding floor matting.
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March 20, 2026
TGI Fridays OK'd To Seek Votes On Post-Sale Liquidation Plan
The bankruptcy estate of casual dining chain TGI Fridays can seek votes on its Chapter 11 liquidation plan, a Texas bankruptcy judge said Friday, setting up a confirmation hearing for May 1.
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March 20, 2026
Full Fed. Circ. Urged To Scrutinize $71M Xmas Tree IP Verdict
Polygroup Ltd. urged the full Federal Circuit to undo a panel decision that affirmed a $71.4 million judgment against it for infringing competitor Willis Electric Co. Ltd.'s artificial prelit Christmas tree patent, arguing the "extraordinary decision undermines" the court's principles on damages apportionment.
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March 20, 2026
Albertsons Subpoenas Ex-Kroger CEO In Merger Fight
Albertsons Cos. Inc. has subpoenaed former Kroger Co. CEO Rodney McMullen in Delaware Chancery Court to sit for a two-day deposition next month, intensifying discovery in its Delaware lawsuit over the collapse of the companies' proposed $24.6 billion merger.
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March 20, 2026
NY Appellate Court Tosses Challenge To Pot Legalization
New York's intermediate appellate court has upheld the dismissal of a challenge to the state law that legalized adult-use cannabis, saying that legalization was not preempted by federal drug policy.
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March 20, 2026
DraftKings, FanDuel Seek Federal Court For Baltimore Suit
DraftKings and FanDuel urged the Fourth Circuit to send the city of Baltimore's deceptive practices lawsuit back to federal court, arguing the narrow exceptions that would allow a district court to decline adjudicating a lawsuit were not met in this case.
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March 20, 2026
Court Indicates Dormant Commerce Applies To Adult-Use Pot
A Rhode Island federal judge said Friday she was compelled to find that the U.S. Constitution's dormant commerce clause applied to federally unlawful recreational marijuana in a case challenging the state's plan for awarding retail cannabis licenses.
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March 20, 2026
Taxation With Representation: Clifford Chance, Davis Polk
In this Week's Taxation With Representation, Public Storage acquires National Storage Affiliates Trust, 3M teams up with Bain Capital to buy Madison Fire & Rescue, and Mastercard acquires stablecoin infrastructure firm BVNK.
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March 20, 2026
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen an ex-professional footballer revive a dispute with Charles Russell Speechlys, Virgin Media face a group data protection claim after hundreds of thousands of customers' personal details were exposed online for months, and Mishcon de Reya sued by a real estate private equity firm founded by a former Morgan Stanley executive.
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March 20, 2026
Man Says Marketing, Sales Put Chinese Co. In Court's Reach
A man suing a Chinese vape manufacturer is pushing back against its efforts to dismiss the suit from North Carolina federal court, arguing that its marketing and sale of vapes in the state put it within the court's jurisdiction.
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March 20, 2026
Realty Income, Apollo Target Single-Tenant Retail In $1B JV
Under a joint venture, private equity firm Apollo Global Management has agreed to invest $1 billion with real estate investment trust Realty Income Corp. to acquire a portfolio of single-tenant retail properties subject to long-term leases.
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March 20, 2026
Prestige Picks Up Breathe Right In $1.05B Deal
Consumer healthcare company Prestige Consumer Healthcare Inc. revealed on Friday that it has agreed to acquire a portfolio of brands including Breathe Right nasal strips from Foundation Consumer Healthcare, advised by Skadden Arps Slate Meagher & Flom LLP, in a $1.05 billion deal.
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March 19, 2026
4th Circ. Backs T-Mobile In Signal Interference Suit
The Federal Communications Act dooms every bit of an internet and phone service provider's suit accusing T-Mobile of interfering with and slowing down its signals, the Fourth Circuit said Thursday, declining to revive the litigation.
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March 19, 2026
3M, DuPont Hit With RICO Suit Over PFAS In Firefighter Gear
San Mateo County has filed a proposed Racketeer Influenced and Corrupt Organizations Act class action against a slew of chemical companies including 3M, Chemours and DuPont de Nemours, claiming that they provided protective gear for firefighters that contained "hazardous levels" of synthetic per- and polyfluoroalkyl substances, or PFAS.
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March 19, 2026
4th Circ. Leery Of W.Va. Opioid Towns' Abatement Arguments
During a heated hourlong oral argument Thursday, two Fourth Circuit judges interrogated an attorney for West Virginia municipalities stricken by the opioid crisis about whether the public nuisance of overly available drugs had already been abated, leaving only redress of resulting harms.
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March 19, 2026
Amazon Unlawfully Taxes Exempt Baby Items In Fla., Suit Says
Two Florida shoppers filed a proposed class action Thursday in Washington federal court accusing Amazon.com Inc. of overcharging customers by collecting sales tax on items that are supposed to be tax-free under Florida law, such as cribs, strollers, diapers and other products for toddlers and babies.
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March 19, 2026
Costco Wipes Out Bum Bum Cream Co.'s Trade Dress Suit
Costco and Apollo Healthcare Corp. defeated a rival's trade dress infringement counterclaim alleging they ripped off the design elements of its "Brazilan Bum Bum" cream container with a rounded bottom and an overhanging lid, after a New York federal judge said Tuesday each of the features is functional and therefore unprotectable.
Expert Analysis
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FTC's Consumer Finance Pivot Brings Industry Pros And Cons
An active Federal Trade Commission against the backdrop of a leashed Consumer Financial Protection Bureau will be welcomed by most in the consumer finance industry, but the incremental expansion of the FTC's authority via enforcement actions remains a risk, say attorneys at Hudson Cook.
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Amazon Ruling Marks New Era Of Personal Liability For Execs
A Washington federal court's recent decision in FTC v. Amazon extended personal liability to senior executives for design-driven violations of broad consumer protection statutes, signaling a fundamental shift in how consumer protection laws may be enforced against large public companies, say attorneys at Orrick.
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Series
Traveling Solo Makes Me A Better Lawyer
Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.
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Series
Law School's Missed Lessons: Client Service
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.
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How The FTC Is Stepping Up Subscription Enforcement
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.
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Series
Adapting To Private Practice: 3 Tips On Finding The Right Job
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.
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AG Watch: Va. Race Spotlights Consumer Protection Priorities
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.
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Series
Painting Makes Me A Better Lawyer
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.
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Protecting Sensitive Court Filings After Recent Cyber Breach
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.
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Wash. Ruling Raises Pay Transparency Litigation Risk
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.
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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
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.
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Series
Judging Figure Skating Makes Me A Better Lawyer
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.
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What Ethics Rules Say On Atty Discipline For Online Speech
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.
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4 Steps To Designing Effective Survey Samples For Trial
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.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
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.