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Retail & E-Commerce
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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
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NYC Bar Opinion Warns Attys On Use Of AI Recording Tools
Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.
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Series
The Biz Court Digest: Dispatches From Utah's Newest Court
While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.
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4 Quick Emotional Resets For Lawyers With Conflict Fatigue
Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.
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Series
Playing Tennis Makes Me A Better Lawyer
An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.
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Series
Judges On AI: How Judicial Use Informs Guardrails
U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.
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Evenflo IP Ruling Shows Evidence Is Still Key For Injunctions
Notwithstanding renewed policy and doctrinal attention to patent injunctions, the Federal Circuit's December decision in Wonderland v. Evenflo signals that the era of easily obtained patent injunctions has not yet arrived, say attorneys at King & Wood.
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Lessons From EdTech Provider's Data Breach Settlements
Education technology company Illuminate Education's recent settlements with three states and the Federal Trade Commission over state privacy law claims following a student data breach are some of the first of their kind, suggesting a shift in enforcement focus to how companies handle student data and highlighting the potential for coordinated enforcement actions, say attorneys at Wilson Sonsini.
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Key Sectors, Antitrust Risks In Pricing Algorithm Litigation
Algorithmic pricing lawsuits have proliferated in rental housing, hotels, health insurance and equipment rental industries, and companies should consider emerging risk factors when implementing business strategies this year, say attorneys at Hunton.
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Series
Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief
My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.
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Fed. Circ. Patent Decisions In 2025: An Empirical Review
In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.
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Key False Claims Act Trends From The Last Year
The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.
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How Payments Law Landscape Will Evolve In 2026
After a year of change across the payments landscape, financial services providers should expect more innovation and the pushing of regulatory boundaries, but should stay mindful that state regulators and litigation will continue to challenge the status quo, say attorneys at Troutman.
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Opportunities Amid The Challenges Of Trump's BIS Shake-Up
The Trump administration’s continuing overhaul of the Bureau of Industry and Security has created enormous practical challenges for export compliance, but it potentially also offers a once-in-a-generation opening to advocate for simplifying and rationalizing U.S. export controls, say attorneys at Gibson Dunn.
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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.