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Retail & E-Commerce
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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.
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February 18, 2026
Neutrogena Paying $4.7M To Settle BIPA Suit Over App
A former Johnson & Johnson subsidiary has agreed to pay $4.7 million to settle a potential class action claiming it unlawfully stored and collected facial scans of people who used its Neutrogena Skin360 tool, according to a filing in New Jersey federal court.
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February 18, 2026
Amazon Escapes Fired Pansexual Worker's Bias Suit
An Illinois federal judge tossed a pansexual Amazon worker's bias suit claiming that a colleague called him a homophobic slur and that he was fired for complaining about it, ruling he can't overcome evidence that he was terminated for racking up too much "idle time" on the job.
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February 18, 2026
3 Firms Advise On $3.1B Mister Car Wash Take-Private Deal
Private equity firm Leonard Green & Partners LP has agreed to purchase all outstanding Mister Car Wash Inc. shares not owned by Leonard Green affiliates at a $3.1 billion enterprise value, the car wash brand announced Wednesday.
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February 17, 2026
Unilever's Deal Over Benzene Allegations Hits Speed Bump
A Connecticut federal judge on Tuesday declined to grant preliminary approval to a proposed $3.6 million class action settlement with Unilever to end claims that certain aerosol dry shampoo propellants contained benzene, saying the settlement class is too broad and that the covered time period goes back too far.
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February 17, 2026
Walgreens Can't Ditch 'Dishwasher Safe' Cutlery Dispute
An Illinois federal judge largely rejected a bid from Walgreen Co. and other companies to ditch a proposed class consumer suit targeting plastic cutlery that melted in a dishwasher, saying the customer has plausibly alleged that the utensils' front packaging label features a misleading claim that they are "dishwasher safe."
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February 17, 2026
4th Circ. Won't Revive Advance Auto Parts Fraud Suit
The Fourth Circuit on Tuesday declined to revive a suit by investors claiming Advance Auto Parts and its top brass misled them about the failure of a new pricing strategy and about accounting errors, ruling they failed to allege the auto parts retailer had wrongful intent.
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February 17, 2026
Atty Can't Both Lead And Rep Class In Lawsuit, NJ Court Says
An attorney can't be both the lead plaintiff and class counsel in a class action, a New Jersey appeals court ruled Tuesday, leaning on a more than 40-year-old state supreme court decision in denying class certification in a lawsuit accusing an electric bike maker of selling defective products.
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February 17, 2026
Fed. Circ. Greenlights $71M Christmas Tree Patent Verdict
The Federal Circuit on Tuesday affirmed a $71.4 million judgment against Polygroup Ltd. for infringing rival Willis Electric Co. Ltd.'s artificial prelit Christmas tree patent, rejecting Polygroup's arguments that the patent was invalid and Willis' damages expert should have been excluded.
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February 17, 2026
NC Justices Asked To Undo Earth Fare Founder's $195K Award
Organic supermarket chain Earth Fare and its post-bankruptcy owner told North Carolina's top court on Tuesday that its founder can't recover damages for work he was salaried to do while revitalizing the brand, saying the justices should unravel a $195,000 unjust enrichment verdict in his favor.
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February 17, 2026
Union Says Express Scripts Diverted Billions In Kickback Fees
A Chicago plumbers union healthcare fund told an Illinois federal court Tuesday that the nation's largest pharmacy benefit manager, Express Scripts, violated federal criminal law when it used a Switzerland-based company to hide kickbacks it generated by charging drug companies fees for key placement on prescription plan drug lists.
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February 17, 2026
Pepsi And Walmart Inflated Soda Prices, ND Businesses Say
Pepsi and Walmart devised a plan to inflate prices for Pepsi soft drinks above competitive levels, two North Dakota businesses said in a proposed class action in New York federal court that alleges the companies violated federal antitrust laws.
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February 17, 2026
CoStar Rival Urges High Court To Reject Antitrust Appeal
A rival accusing CoStar of blocking competition for commercial real estate listing services is urging the U.S. Supreme Court not to review a ruling that revived the rival's counterclaims, saying that CoStar just disagrees with how the appeals court viewed the allegations.
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February 17, 2026
NY Regulators, Cannabis Biz Challenge Town's Zoning Policy
New York cannabis regulators and a licensed cannabis business have urged a state appellate court to find that the state's marijuana law preempts localities from enforcing more stringent location policies for marijuana stores than what is found in state law.
Expert Analysis
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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.
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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.