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Retail & E-Commerce
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January 07, 2026
DSW Says Sony Copyright Case Filed In Interest Of Efficiency
The owner of shoe retailer DSW has told an Ohio federal court its lawsuit against Sony Music Entertainment seeking an order finding it did not infringe Sony's copyrights was not an anticipatory action but rather an effort to consolidate multiple infringement allegations into one in the interest of efficiency.
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January 07, 2026
FDA Pushes Back On Vape Cos.' 5th Circ. Appeal
The U.S. Food and Drug Administration is urging the Fifth Circuit to reject a group of appeals from e-cigarette manufacturers seeking to overturn the marketing denial of their flavored vapes, saying the agency did not abuse its discretion in rejecting the companies' products.
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January 07, 2026
DC, New Jersey Delis Reach Deal To End Trademark Fight
Washington, D.C.-based bagel shop and deli Call Your Mother Corp. has agreed to drop a federal trademark lawsuit against a New Jersey deli after the parties reached a deal to end the case.
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January 06, 2026
Section 230 Knocks Down Addiction MDL, Meta Tells 9th Circ.
Meta Platforms Inc. urged a Ninth Circuit panel on Tuesday to find that Section 230 of the Communications Decency Act shields it from sprawling social-media-addiction multidistrict litigation, arguing that the claims go to "the heart of what the statute intends to protect."
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January 06, 2026
Amazon Nears Deal With Flex Drivers In Tip Skimming Suit
Amazon and a group of Flex delivery drivers told a Seattle federal judge Tuesday they've reached an agreement in principle to resolve a 2021 putative class action accusing the e-commerce giant of withholding tips, prompting the court to pause the case pending a final settlement.
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January 06, 2026
Amazon Seeks To 'Hot Tub' MIT Prof's Opinion In Antitrust Suit
Amazon.com Inc. has asked a Seattle federal court for a "hot tub" hearing in a proposed consumer antitrust class action that accuses the e-commerce giant of artificially raising retail prices, saying the novel litigation technique for concurrently questioning parties' experts is needed to vet one expert's change in opinion.
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January 06, 2026
Vape Interests Look To 5th Circ. To Halt Miss. E-Cig Law
A coalition of vaping interests is asking the Fifth Circuit to revive its lawsuit seeking to end a Mississippi law that blocks the sale of synthetic nicotine products, the same parties that are also moving forward with similar efforts at the Sixth Circuit.
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January 06, 2026
Ramey Blocked As Atty In Image Patent Fight In NY
Intellectual property attorney William Ramey was prevented from representing the owner of image processing and modifying patents used in special eyeglasses in an infringement suit in New York federal court, leading the company to abandon the case.
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January 06, 2026
Public Health Atty Talks Botulism, Infants And FDA Staffing
Three years ago, a bacterial outbreak at a Michigan manufacturing plant sparked a shutdown and a national infant formula shortage. Another episode last year at a formula plant in Iowa should be a red flag for the public and a short-handed FDA, according to Sarah Sorscher of the Center for Science in the Public Interest.
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January 06, 2026
Atty Apologizes For ChatGPT-Hallucinated Citations In Briefs
A patent attorney has apologized to a Kansas federal judge for submitting a court filing with case citations hallucinated by ChatGPT, calling the experience "shameful and embarrassing" and saying he was in a poor mental state at the time due to his mother and aunt being hospitalized and dying shortly after.
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January 06, 2026
Drugmakers Fight Multifront Legal Battles Over GLP-1s
In the wake of U.S. Food and Drug Administration approvals for GLP-1 weight-loss drugs, surging public demand and massive profits have inspired a broad range of drugmaker litigation against competitors, alleged counterfeits and telehealth providers.
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January 06, 2026
Boscov's Tenant Sues Over Del. Mall Tax Reimbursements
A company that runs a Boscov's department store in a Newark, Delaware, shopping center has claimed in Delaware state court that the property's landlord forced the company to overpay tax reimbursements.
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January 06, 2026
Ill. Judge Trims Most Of Walgreens Shareholder Suit
An Illinois federal judge on Monday dismissed most claims in a lawsuit alleging Walgreens inflated share prices by concealing the lack of viability of its pharmacy division and primary care investment, warning shareholders not to "waste judicial resources" in amending their allegations by claiming straightforward statements are misleading "absent a coherent argument as to why."
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January 06, 2026
Google Wants One Complaint From Ad Tech Rivals, Not Six
Google has asked a New York federal judge to tee up a bid to forcibly consolidate half a dozen antitrust lawsuits from rivals accusing Google of hobbling their advertising placement technology businesses, arguing one combined complaint would be more efficient for the lawsuits bearing "substantial similarities."
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January 06, 2026
Groups Again Push Fed. Circ. To Eye 'Settled Expectations'
The latest petition challenging the U.S. Patent and Trademark Office's use of "settled expectations" based on a patent's age to deny reviews has gotten support from several industry groups, which told the Federal Circuit the policy will cause "severe damage" to the patent system.
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January 06, 2026
NJ Bill Aims To Earmark $2.5B In Development Tax Credits
New Jersey would earmark $2.5 billion in economic development tax credits, with up to $300 million designated for sports and entertainment projects, as part of a bill introduced in the state Assembly.
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January 06, 2026
Distribution Co. Drops Suit Alleging Kraft Stole Database
A distribution company has voluntarily dismissed a suit accusing The Kraft Heinz Co. of stealing confidential information by having one of its executives in the Netherlands download a database in violation of a licensing agreement.
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January 06, 2026
FTC Urges DC Circ. To Unblock Media Matters Probe
The Federal Trade Commission told the D.C. Circuit the agency's investigation into left-leaning watchdog Media Matters for America is about potential collusion in the advertising industry, not retaliation for reporting on Nazi content, and said a lower court was wrong to block the probe.
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January 06, 2026
Goldberg Segalla Taps 17 Attys As Partners, 4 Special Counsel
Goldberg Segalla LLP has elevated 17 lawyers to partnership roles to start the new year and has named four lawyers as special counsel, in the firm's smallest class of promoted attorneys in the past two years.
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January 05, 2026
Tile Tells 9th Circ. To Send Stalking Victims' Suit To Arbitration
Tile Inc. urged the Ninth Circuit on Monday to send to arbitration a putative class action alleging Tile's Bluetooth tracking devices negligently empower stalkers, arguing during a hearing that Tile's mass email notifying users of its arbitration provision constitutes sufficient notice, even if those emails were delivered to spam inboxes.
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January 05, 2026
Amazon Plaintiff Says 'Buy Movie' Button Fools Shoppers
A California woman accusing Amazon of lying to consumers about whether they own movies purchased on its Prime Video platform said the e-commerce giant can't avoid the proposed class action by hiding behind fine print, arguing shoppers who bought media weren't sufficiently informed they could lose access at any time.
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January 05, 2026
Amazon Can't Beat Pandemic-Era Price-Gouging Suit In Wash.
A Washington federal judge refused to throw out consumers' proposed class action against Amazon over alleged pandemic-era price-gouging, rejecting on Monday the e-commerce company's argument that the Washington Supreme Court interpreted consumer protection law too broadly when wading into the case.
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January 05, 2026
Fla. AG Says Pot Legalization Proposal 'Misleads Voters'
Florida Attorney General James Uthmeier is opposing a new effort to legalize recreational marijuana through a ballot initiative, telling the state's high court that the proposal is invalid because it "misleads voters."
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January 05, 2026
Quince Moves To Toss Williams Sonoma's False Ad Suit
Quince urged a California federal court on Friday to dismiss Williams-Sonoma Inc.'s lawsuit that accuses the online retailer of trying to dupe consumers into believing its goods are the same as Williams Sonoma's products at discounted prices, saying Williams Sonoma's complaint cuts out "key context" regarding Quince's ads.
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January 05, 2026
9th Circ. Creates Split On Dormant Commerce And Cannabis
The Ninth Circuit's decision Friday finding that a constitutional doctrine barring states from enacting protectionist policies does not apply to federally illegal retail marijuana sets up an apparent circuit split and may bring the matter closer to U.S. Supreme Court review.
Expert Analysis
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How Sustainability Reporting Changed In The 1st Half Of 2025
Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Union Interference Lessons From 5th Circ. Apple Ruling
The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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High Court E-Cig Ruling Opens Door For FDA Challenges
There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.
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How 9th Circ. Customs Ruling Is Affecting FCA Litigation
The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Ruling Puts 11th Circ. At Odds With Bankruptcy Courts
While an Eleventh Circuit majority recently found in BenShot v. 2 Monkey Trading and Lucky Shot USA that corporate debtors, like individuals, face certain exceptions to discharge under a nonconsensual Subchapter V plan, the ruling not only reverses the lower court, but opposes the holdings of many other bankruptcy courts, say attorneys at McDermott.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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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.