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Retail & E-Commerce
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January 08, 2026
NYAG Presses Instacart On Algorithmic Pricing Compliance
The New York Attorney General's Office on Thursday sent a letter to Instacart requesting information about the online grocery shopping platform's compliance with a new state law on the use of algorithmic pricing following a report indicating users were being charged different prices for the same products.
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January 08, 2026
FCC Waives Call Consent Revocation Rule Until Early 2027
The Federal Communications Commission has heeded the call of companies asking it to push a deadline for complying with a rule that makes it easier for people to opt out of robotexts, saying Thursday that businesses will have until 2027 to comply.
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January 08, 2026
Fed. Circ. Says Crocs' Appeal Of Split ITC Loss Came Too Late
The Federal Circuit on Thursday rebuffed Crocs Inc.'s efforts to save its request for an import ban against companies it accused of importing footwear infringing its trademarks, finding the company was too late in challenging the mixed ITC ruling that generated two appeal deadlines.
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January 08, 2026
Comscore Ducks Antitrust But Not Unfairness Claims, For Now
Comscore won a partial reprieve from claims that it undermined a would-be box office data rival, with a California federal judge dismissing federal antitrust claims while preserving accusations of unfair competition, false advertising and business interference.
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January 08, 2026
Wolfspeed Securities Class Action Sent To NC Federal Court
A securities class action case against chipmaker Wolfspeed Inc. was transferred to North Carolina federal court Wednesday following a New York judge's order directing the movement of the consolidated investor suits over alleged misrepresentations about the company's financial projections.
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January 08, 2026
Fla. Entrepreneur Urges Court To Halt RI Pot Licensing
Rhode Island's cannabis authority should be temporarily blocked from following a rule that forbids issuing licenses to out-of-state residents, a Florida entrepreneur told a federal court, saying his lawsuit slamming the state's residency rule as unconstitutional is likely to succeed.
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January 08, 2026
6th Circ. Says Immunity Dooms Mich. Farm's Zoning Fight
The Sixth Circuit will not revive a Michigan couple's lawsuit against their township related to a heated dispute over zoning approvals for selling cider and hosting events at their farm, saying the farm owners have not shown the local officials should be stripped of their qualified immunity.
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January 08, 2026
Texas AG Says P&G Is Updating Kid Fluoride Crest Label
The Texas attorney general said Wednesday that Procter & Gamble has agreed to place information about the recommended amount of fluoride toothpaste for children on its packaging in order to show the accurate amount on its Crest toothpaste for children.
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January 08, 2026
Fed. Circ. Backs Trade Court's Rejection Of Cheaper Duty Bid
A Federal Circuit panel Thursday affirmed a U.S. Court of International Trade judge's determination that a Christmas ornament seller imported its Chinese-made goods to Canada with the intention of selling them in the U.S. and therefore isn't entitled to a cheaper duty rate.
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January 08, 2026
Yankees Slugger Wins TM Battle Over 'Judge' Slogans
The Federal Circuit has blocked a Long Island man from registering trademarks for judicial-themed slogans that had already been used by New York Yankees star Aaron Judge, upholding a Trademark Trial and Appeal Board decision in the slugger's favor.
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January 08, 2026
ITC To Investigate Smartwatch Giants Over Fall Detection IP
The U.S. International Trade Commission on Thursday said it will review whether Apple, Google, Garmin and Samsung are infringing UnaliWear Inc.'s patents with their smartwatch imports.
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January 08, 2026
DC Court Partially Trims Shein IP Suit Against Temu
A Washington, D.C., federal judge has trimmed some of fast fashion company Shein's intellectual property lawsuit against one of the companies behind e-commerce platform Temu, but kept alive claims for false advertising and trade secret theft.
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January 08, 2026
Amici Back CoStar's Review Bid For Rival's Antitrust Claims
Technology industry coalition Chamber of Progress and other parties are urging the U.S. Supreme Court to grant commercial real estate information company CoStar's review petition for a Ninth Circuit ruling that revived a business rival's antitrust counterclaims.
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January 08, 2026
3 Firms Advise On $500M Good Culture PE Buyout
Consumer-focused investment firm L Catterton has agreed to purchase a majority stake in Good Culture in a deal that values the dairy brand at $500 million, with law firms Winston & Strawn LLP, Kirkland & Ellis LLP and Cooley LLP advising, Good Culture said Thursday.
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January 07, 2026
OpenAI Can't Ax Musk's Fraud Claim Over For-Profit Plan
A California federal judge indicated Wednesday that she'll deny OpenAI's bid to toss Elon Musk's claims that the artificial intelligence company duped the billionaire into donating $45 million with false promises of remaining a nonprofit, saying "there's plenty of evidence" to take the claim to a jury.
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January 07, 2026
Home Depot 401(k) Fight Wraps Before High Court Gets A Say
The Home Depot and workers alleging mismanagement of their 401(k) plan told the nation's highest court Wednesday they wrapped up their legal battle, just a month after the U.S. solicitor general urged the justices to grant the workers' bid for review and rule for the retailer.
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January 07, 2026
Live Nation Looks To Toss BOTS Act Case
Live Nation and Ticketmaster told a California federal court Tuesday the Federal Trade Commission is trying to use a statute designed to help ticket sellers fight scalping to target operation of the events and the ticketing giant's legitimate resale platform.
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January 07, 2026
'I'm Not Buying It': Judge Pans 'Ridiculous' Colgate Argument
A California federal judge appeared open Wednesday to certifying multiple subclasses in a consumer action alleging Colgate falsely labels its toothpaste tubes as being recyclable, and panned one of the arguments by Colgate's defense attorneys as "ridiculous."
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January 07, 2026
Expedia Wants Singapore's Help Getting Docs In Rival's Suit
Expedia asked a Washington federal judge to help it seek assistance from Singapore's court system to get documents from Trip.com, saying the discovery is pertinent in an antitrust case brought by representatives for a defunct Swiss competitor.
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January 07, 2026
Amazon Seeks To Halt Supplement Suit As FDA Nixes Rule
Amazon called on a Seattle federal judge to pause a proposed class action accusing the e-commerce platform of failing to make certain disclosures on supplement product pages, saying the U.S. Food and Drug Administration plans to revoke the so-called each panel labeling rule at the center of the case.
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January 07, 2026
Colo. Knife Manufacturer Says Rival Misused Trademarks
A Colorado-based knife manufacturer accused one of its competitors in federal court Wednesday of selling products with its trademark brand name and logo without authorization.
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January 07, 2026
Texas Tobacco Co. Says Supplier Sabotaged Contract, Sales
A Texas-based tobacco company is suing its former manufacturer in North Carolina federal court, saying it broke their contract by jacking up its prices, then told retailers to pull the products off their shelves.
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January 07, 2026
NJ Town Blasts 'Litigation Tactic' In Mall Sunday Sales Suit
The New Jersey borough that's home to the American Dream megamall has asked a state judge to dismiss another municipality's lawsuit challenging Sunday sales there, arguing that the complaint failed to articulate any legally cognizable claim against the borough.
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January 07, 2026
Amazon Stay Bid Should Fail In Patent Suit, WDTX Told
Texas-based Headwater Research LLC urged a Texas federal court not to pause its suit accusing Amazon of infringing a pair of server and wireless connection patents while the e-commerce giant challenges the patents at the Patent Trial and Appeal Board.
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January 07, 2026
Fans Defend Merch Monopoly Suit Against NFL, Fanatics
Fans suing the NFL and Fanatics over merchandise licensing agreements are urging a New York federal judge to keep their case afloat, skewering the league's attempt to liken the suit to a similar antitrust case that sputtered recently.
Expert Analysis
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What Expanding Merchant Code Regs Mean For Processors
Arkansas and South Dakota recently joined a host of other states that restrict payment processors' usage of merchant category codes with laws that include noteworthy prohibitions against maintaining registries of firearms owners, with ramifications for multistate payment systems, say attorneys at Mayer Brown.
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Forensic Challenges In Lithium-Ion Battery Fire Cases
Lawsuits over lithium-ion battery fires and explosions often center on the core question of whether the battery was defective or combusted due to some other external factor — so both plaintiff and defense attorneys litigating these cases must understand the forensic issues involved, says Drew LaFramboise at Joseph Greenwald.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Latest Influencer Marketing Class Actions Pinpoint 5 Themes
Several recent deceptive marketing class actions against both brands and influencers attempt to transform arguably routine business practices into a new focus area for consumer complaints, suggesting a coordinated approach to test what could become an increasingly popular area of litigation, say attorneys at Morgan Lewis.
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Dupes Boom Spurs IP Risks, Opportunities For Investors
The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.
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A Look At Trump Admin's Shifting Strategies To Curtail CFPB
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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4 Consumer Class Action Trends To Watch In 2nd Half Of 2025
The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Fed. Circ. In May: Evaluating Opportunistic Trademark Filings
The Federal Circuit's decision last month in the "US Space Force" trademark case gives the Trademark Trial and Appeal Board additional clarity when working through opportunistic trademark filings, particularly when the mark's value is primarily due to the potential value of a false connection, say attorneys at Knobbe Martens.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.