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Retail & E-Commerce
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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.
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January 29, 2026
PTAB Knocks Down 3 More P&G Deodorant Patents
The Patent Trial and Appeal Board has invalidated claims across three more Procter & Gamble deodorant patents, handing personal care product brand Dr. Squatch another win in its challenges to the patents it was accused of infringing in federal court.
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January 29, 2026
Congress' Limited Tariff Role May Persist After Justices Rule
The U.S. Supreme Court's ruling on President Donald Trump's emergency tariffs could leave the door open for Congress to play a larger role in trade policy heading into November's midterms, but that opportunity may pose few political incentives for lawmakers.
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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.
Expert Analysis
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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.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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USPTO's AI Tool Redefines Design Patent Landscape
The U.S. Patent and Trademark Office's newly introduced DesignVision tool for artificial intelligence-powered image searching represents a dramatic shift in how design patent applications are examined, necessitating new strategies for patent practitioners, says Matthew Epstein at Dinsmore.
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Legal Jeopardy Looms Over Trump's Trade Negotiation Plans
Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.