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Retail & E-Commerce
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February 09, 2026
9th Circ. Sides With Forest Service In $33M Ore. Wildfire Suit
A Ninth Circuit panel Monday threw out a lawsuit from two Oregon lumber companies that accused the U.S. Forest Service of bungling its response to a 2020 wildfire in the Willamette National Forest, ruling that the agency can't be sued because it was acting within its discretion.
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February 09, 2026
5th Circ. Tosses Challenge To La. 340B Discount Drug Rule
A Fifth Circuit panel upheld on Monday a Louisiana law that allows the state to stop prescription drug manufacturers from blocking safety-net healthcare providers from contracting with outside pharmacies to dispense discounted medicines under the federal 340B Discount Drug program.
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February 09, 2026
America's Test Kitchen Owner Wins Auction For Food52 Brand
Cooking and home goods e-commerce company Food52 Inc. has told a Delaware bankruptcy judge that the owner of the America's Test Kitchen television show's brand has submitted the winning bid for its primary business.
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February 09, 2026
DOJ Scraps Criminal Antitrust Fragrances Probe
The U.S. Department of Justice told a New Jersey federal judge Monday that it had closed its criminal probe looking for an anticompetitive conspiracy among fragrance giants, meaning its continued presence in private price-fixing litigation against the companies was no longer necessary.
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February 09, 2026
Fed. Circ. Won't Reboot Startup's Patent Suit Against Shopify
The Federal Circuit on Monday declined to breathe new life into a case from a defunct digital media startup alleging that Shopify was infringing its patents by using ideas disclosed during talks about a potential partnership.
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February 09, 2026
Commerce Probing Claims Of Mattress Duties Evasion
The U.S. Department of Commerce is opening three investigations into claims that Mexican, Malaysian and Polish exporters are dodging antidumping duties on mattresses following complaints by domestic companies such as Serta Simmons Bedding and Tempur Sealy International, the agency said Monday.
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February 09, 2026
Long Island Towns Challenge State Over Cannabis Preemption
A trio of Long Island towns are pushing back against New York regulators' assertion that the state's cannabis law preempts localities from enforcing certain local policies governing where marijuana stores can be located.
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February 09, 2026
'Baby Shark' Ruling Doesn't Stop Google Anti-Phishing Fight
A Manhattan federal judge granted injunctive relief Monday to Google in its effort to combat an alleged China-based phishing enterprise, holding that faraway defendants were properly served electronically despite an appellate ruling mandating mail service in a "Baby Shark" infringement case.
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February 09, 2026
Amazon Inks Multibillion STMicro Deal Amid Massive AI Push
Amazon Web Services is committing to buy several billion dollars' worth of STMicroelectronics chips and related services over the life of a new multiyear agreement, the chipmaker announced Monday.
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February 09, 2026
Eddie Bauer Retail Operator Hits Ch. 11 With $1B+ Debt
Eddie Bauer LLC, a retail operator for the outdoor apparel brand, sought Chapter 11 protection early Monday in New Jersey bankruptcy court, reporting more than $1 billion in liabilities and listing more than 100,000 creditors.
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February 06, 2026
Takeda Can't Ax Most Of Heartburn Drug Pay-For-Delay Suit
Takeda Pharmaceutical Co. and TWi Pharmaceuticals must face most of a proposed antitrust class action accusing them of delaying the release of the generic version of Takeda's heartburn medication Dexilant, causing Walgreens, Kroger and other retailers to pay more for the brand-name drug, a California federal judge ruled Friday.
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February 06, 2026
Food Logistics Co. Can't Ditch Suit Over Toxic Fruit Pouches
Parents who allege their child suffered injuries from a fruit purée pouch that allegedly contained unsafe lead levels can pursue claims against the company they say designed the pouch, but strict liability and express warranty cannot be among them, an Illinois federal judge said.
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February 06, 2026
Allstate Denies Coverage For Uber Driver's Deadly Road Rage
Allstate called on a Seattle federal judge to find that it has no duty to defend a delivery driver from a wrongful death lawsuit alleging he fatally shot and killed another man during an apparent road rage incident while working for Uber Eats and DoorDash.
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February 06, 2026
Kroger And Albertsons Win Dismissal In Antitrust Labor Case
A Colorado federal judge on Friday dismissed a grocery store employee's proposed class action against Kroger and Albertsons alleging the pair violated antitrust law through a no-poach agreement to not hire competitor employees during a strike.
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February 06, 2026
Tampa Bay Rays Unveil New MLB Stadium Renderings
Major League Baseball's Tampa Bay Rays revealed new renderings for its proposed 31,000-seat stadium and mixed-use district project that's planned to be located at the Florida city's Hillsborough College, the team has announced.
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February 06, 2026
Judge Rejects Compass' Bid To Block Zillow Listing Rules
A New York federal court on Friday refused to bar Zillow from enforcing its updated listing policy while Compass brings its antitrust case alleging the rules are meant to block competition, after finding the brokerage has not shown its case is likely to succeed.
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February 06, 2026
4 Takeaways From The EU's Latest Trade Agreements
The European Union recently cemented formal trade agreements with India and Mercosur, a group of Latin American countries, which — along with creating certainty for businesses in the regions — strike a sharp contrast with the approach taken in framework deals reached by President Donald Trump. Here, Law360 examines four takeaways from the two trade agreements announced by the EU.
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February 06, 2026
Antitrust Classes Certified Over Altria's Juul Investment
A California federal court has certified several classes of Juul buyers in litigation over tobacco giant Altria's past investment in the e-cigarette company, despite concerns about the damages phase of the case becoming a "Frankenstein's monster."
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February 06, 2026
1st Circ. Revives Ex-Cop's Suit Against Gun Website Operator
A former Boston police officer who was shot in 2016 can continue pursuing claims against the operator of an online marketplace that sold the firearm, the First Circuit has ruled.
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February 06, 2026
Fed. Circ. Backs Target's Alice Win Over Product Location IP
The Federal Circuit on Friday refused to revive claims in a series of patents covering ways of finding products within a store, backing a lower court's finding that Target was able to show the claims were invalid under the U.S. Supreme Court's Alice standard.
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February 06, 2026
Anti-Pot Advocates Vow To Fight Legalization In Courts
Principals and allies of a leading antidrug nonprofit pledged Friday to pursue the fight against marijuana legalization and normalization in the courts by challenging a pending proposal to loosen federal cannabis restrictions and directly suing some of the country's largest marijuana companies.
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February 06, 2026
5 Firms Guide Refresco's $768M Acquisition Of SunOpta
Netherlands-based Refresco said Friday it has agreed to acquire Minnesota-based SunOpta in an all-cash deal valuing the U.S.-listed company at $6.50 per share, or roughly $768 million, in a deal steered by at least five law firms.
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February 06, 2026
Taxation With Representation: Gibson Dunn, S&C, Wachtell
In this week's Taxation With Representation, Elon Musk announces SpaceX's acquisition of his artificial intelligence company xAI, Devon Energy and Coterra Energy agree to merge, and Banco Santander SA acquires Webster Financial Corp.
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February 06, 2026
Pa. Grocer Denied Bid To Bar Competition From Walmart
A Pittsburgh-area grocery store can't get a court order barring a neighboring Walmart from selling groceries, after a federal judge found that the store could not convincingly link its decline in sales to Walmart's recent expansion of its food offerings.
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February 05, 2026
Consumers Fight To Keep Frozen Potato Antitrust Suit Alive
Consumer groups pursuing price-fixing allegations against the nation's leading frozen potato product producers and certain others have urged an Illinois federal judge to let their claims proceed, arguing they've plausibly outlined a "classic antitrust story" that should be allowed to enter the evidence-gathering stage.
Expert Analysis
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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FDA's 2025 Enforcement Scorecard Highlights Data Focus
The U.S. Food and Drug Administration's increased enforcement activity in 2025 was driven by artificial intelligence and a focus on foreign manufacturers, necessitating proactive compliance strategies for an environment that is increasingly reliant on data, say attorneys at Reed Smith.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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NJ Ruling Sheds Light On When 'Stub Rent' Must Be Paid
A New Jersey bankruptcy court's recent decision in New Rite Aid affirms that landlords can have "stub rent" treated as an administrative expense and highlights critical considerations for debtors, including the importance of deciding when and where to file for bankruptcy, say attorneys at Cleary.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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Cannabis Industry Faces An Inflection Point This Year
Cannabis industry developments last year — from the passage of a new wholesale tax in Michigan, to an executive order accelerating the federal rescheduling process — presage a more mature phase of legalization this year, with hardening expectations and enforcement to come, says Alex Leonowicz at Howard & Howard.
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Series
Fly-Fishing Makes Me A Better Lawyer
Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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Series
NY Banking Brief: All The Notable Legal Updates In Q4
In the fourth quarter of last year, New York state enacted several developments that affect financial services regulation and business, cementing upcoming compliance obligations including cybersecurity best practices and retail stores' cash management, says Chris Bonner at Barclay Damon.
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IP Appellate Decisions Show 4 Shifts In 2025
In 2025, intellectual property decisions issued by the Ninth, D.C., and Federal Circuits trended toward tightening doctrinal boundaries, whether to account for technological developments in existing legal regimes, or to refine areas with some ambiguity, says Nate Sabri at Perkins Coie.
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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AG Watch: Va. Insulin Price Probe Signals Rising Scrutiny
Virginia Attorney General Jason Miyares' recent investigation into insulin manufacturers and pharmacy benefit managers for allegedly colluding to artificially inflate insulin prices reflects a broader trend to leverage consumer protection authority in high-impact healthcare matters, and the upcoming leadership change is unlikely to diminish scrutiny in this area, says Chuck Slemp at Cozen O'Connor.
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3 Key Takeaways From Planned Rescheduling Of Cannabis
An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.
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6 Issues That May Follow The 340B Rebate Pilot Challenge
Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.