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Retail & E-Commerce
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January 23, 2026
7th Circ. Says Suit Over Veteran's Photo Is Time-Barred
The Seventh Circuit has declined to reinstate a military veteran's claims that a photo of him on patrol in Afghanistan was improperly licensed and sold as a poster by online retailers, saying the case is time-barred since the statute of limitations clock began when the photo was published and not when he discovered it.
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January 23, 2026
Saks Gets OK To Start Liquidating Online Unit's Inventory
A Texas bankruptcy judge gave one of Saks' online affiliates permission to get the ball rolling on an inventory liquidation after the retailer said a quick sale is needed to meet its lenders' terms for allowing it to use cash collateral.
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January 23, 2026
Latham, Davis Polk Guide Construction Gear Co.'s $747M IPO
Construction equipment rental company EquipmentShare began trading Friday after raising $747 million at the midpoint of an expected range in an initial public offering guided by Davis Polk & Wardwell LLP and underwriters counsel Latham & Watkins LLP.
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January 23, 2026
Live Nation Antitrust Judge Wants To 'Punt' On State Claims
A federal judge in Manhattan asked Friday whether federal and state authorities accusing Live Nation of stifling competition in live entertainment would consent to staying the state law claims and focus on federal claims in an upcoming trial so it won't end up "lasting five years."
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January 22, 2026
TikTok Seals Joint Venture Deal For US Operations
TikTok's Beijing-based owner, ByteDance, has sold a majority stake in the video app's U.S. operations to a new U.S.-based joint venture managed by a group of non-Chinese investors in order to comply with a congressional mandate and avoid the app's shutdown, the company announced Thursday.
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January 22, 2026
Google, Epic Fight Uphill To Tweak App Antitrust Injunction
A California federal judge indicated Thursday that he's unlikely to grant Epic and Google's request to modify a permanent injunction issued after a jury found Google monopolized the distribution of apps on Android devices, saying they have to show changed circumstances, and "I haven't seen anything change, other than a deal" between the companies.
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January 22, 2026
Smucker Pet Food Buyers Win Cert. In PFAS Disclosure Fight
A California federal judge certified Thursday a class of Golden State consumers who accuse The J.M. Smucker Co. of failing to disclose risks of so-called PFAS forever chemicals in certain pet food packaging, rejecting Smucker's arguments, among others, that PFAS exposure is too individualized for classwide resolution.
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January 22, 2026
DoggyPhone Sues Again Over Furbo Pet-Comms Product
Tech company DoggyPhone LLC again took aim at Tomofun on Thursday, claiming in Seattle federal court that the pet-toy maker's Furbo line of products infringes a DoggyPhone-held patent describing "systems and methods that enable remote human-pet communication."
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January 22, 2026
Ford, GM Industrial Bank Bids Get FDIC Approval
The Federal Deposit Insurance Corp. said Thursday that it has signed off on industrial loan company applications from Ford Motor Co. and General Motors Co., clearing the two automakers to open federally insured banking units over objections from community bankers.
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January 22, 2026
House Report Claims Evidence of CVS Antitrust Violations
House Judiciary Committee staffers said Wednesday that they'd uncovered "a pattern of anticompetitive activity" in CVS Health tactics aimed at coercing independent pharmacies into avoiding working with online services the company saw as a threat to its own pharmacy and pharmacy benefit manager businesses.
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January 22, 2026
FTC Defends BOTS Act Case Against Live Nation
The Federal Trade Commission urged a California federal court not to toss its case accusing Live Nation of deceiving customers and artists, saying the live events and ticketing giant failed to disclose the actual price of tickets and turned a blind eye to scalpers on its platforms.
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January 22, 2026
Investors In Korean Online Retail Giant Threaten Treaty Claim
California investment firms that hold a $1.5 billion stake in online retail giant Coupang have threatened to bring a treaty claim against South Korea over "a whole-of-government pressure campaign" initiated against the company and have asked the Trump administration to intervene, as well.
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January 22, 2026
FDA Action Shouldn't Halt Amazon Labeling Suit, Plaintiffs Say
Shoppers accusing Amazon of failing to make required disclosures on dietary supplement product pages told a Washington federal judge there's no need to pause their proposed class action amid possible rulemaking by the U.S. Food and Drug Administration, arguing that the supposed rule change wouldn't negate the suit's claims under California law.
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January 22, 2026
7th Circ. Says Mower-Maker Toro Must Face Amputation Suit
The Seventh Circuit on Wednesday reversed a win for The Toro Co. in a suit brought by a woman who lost a leg in an incident with a riding lawn mower, finding that one of her experts should be allowed to testify about brakes.
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January 22, 2026
Supplement Cos. Challenge FDA Health Claim Denials
A group of health supplement companies hit the U.S. Food and Drug Administration with a suit in D.C. federal court Wednesday alleging regulators wrongly denied them approval to make over 100 distinct claims concerning the health benefits of their products.
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January 22, 2026
Colo. Co. Can't Sue Target Again For Infringement, Court Told
A Colorado-based clothing company cannot bring claims that Target infringed the company's registered copyright on several infant sleepwear products, the retail giant told a federal judge, arguing that a prior lawsuit against Target prevents the clothing company from suing it again.
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January 22, 2026
Walmart Broke Grocery Noncompete Promise, Court Told
The owner of a suburban Pittsburgh grocery store told a Pennsylvania federal judge Thursday that a neighboring Walmart is in violation of a nearly 30-year-old deal not to compete for food sales, blaming a recent remodel for a drop in the grocer's sales.
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January 22, 2026
Designer Akris Settles FCA Claim Over Pandemic Loan
The U.S. subsidiary of Swiss designer Akris AG has agreed to pay $1.8 million to settle a False Claims Act complaint alleging the company improperly obtained a pandemic relief loan for which it was not eligible, the U.S. attorney's office in Boston announced Thursday.
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January 22, 2026
Drugmakers May Dodge Disgorgement In States' Antitrust Suit
A Connecticut federal judge probed the limits of his equitable powers Thursday in a sprawling generic drug antitrust enforcement action, expressing doubt that he could order the drugmaker defendants to hand over their profits while also awarding multiplied damages and imposing civil penalties.
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January 22, 2026
NC Court Backs Asphalt Co. In $2.6M Tax Dispute
A North Carolina asphalt company's transfers of property to its parent company aren't taxable sales because the state Department of Revenue failed to prove there was any form of payment for the products, the state business court affirmed, canceling a $2.6 million bill.
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January 22, 2026
Cooley, Jones Day Steer Clorox's $2.25B GOJO Industries Buy
Cooley LLP-advised Clorox Co. said Thursday it has agreed to acquire Jones Day-guided GOJO Industries, the maker of Purell hand sanitizer, for $2.25 billion in cash.
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January 22, 2026
Patagonia Claims Activist 'Pattie Gonia' Rips Off TM In $1 Suit
Patagonia Inc. has sued an activist who goes by the "Pattie Gonia" persona in California federal court, asking the court to block the drag queen from selling T-shirts and other merchandise and services that allegedly rip off its popular trademarks, while only seeking $1 in nominal damages.
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January 22, 2026
FTC Cites 'Serious Concerns' With Epic-Google Play Deal
A settlement resolving Epic Games' antitrust lawsuit against Google that would replace the injunction Epic won against Google's Play Store controls has drawn pushback from the Federal Trade Commission, which is urging strict scrutiny of the agreement currently under the eye of an already skeptical California federal judge.
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January 22, 2026
Google Can't Duck Case Over Paid Search, Privacy Claims
A California federal court has refused to toss a proposed consumer class action alleging Google's default search agreements block competition from rival search engines that could provide more privacy or even pay users to search.
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January 22, 2026
Meta Can't Arbitrate Suit Alleging Bias Against White Workers
Meta Platforms can't arbitrate a former engineer's suit alleging it fostered a hostile work environment that discriminated against white male employees and job applicants for hiring opportunities, promotions and bonuses, according to a minute order issued by a California state judge.
Expert Analysis
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How Cos. Can Roll With NY's New Algorithmic Pricing Rules
Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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Netflix Caps 2025 M&A Deals That Will Test Antitrust Strategy
The 2025 media consolidation trend culminated in Netflix's $82.7 billion Warner Bros. Discovery announcement, but the Antitrust Division of the U.S. Department of Justice is likely to question whether remedies short of blocking the deal could credibly preserve competition, says Brian Pandya at Duane Morris.
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AG Watch: Texas Junk Fee Deal Shows Enforcement Priorities
Texas Attorney General Ken Paxton's recent $9.5 million settlement with online travel agency website Booking Holdings for so-called junk fee practices follows a larger trend of state attorneys general who have taken similar action and demonstrates the significant penalties that can follow such allegations, say attorneys at Kelley Drye.
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A Look At The Wave Of 2025 Email Marketing Suits In Wash.
Since the Washington Supreme Court's ruling in Brown v. Old Navy in April, more than 30 lawsuits have alleged that a broad range of retailers across industries sent emails that violate the Washington Commercial Electronic Mail Act, but retailers are unlikely to find clear answers yet, says Gonzalo Mon at Kelley Drye.
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.
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Patent Disclaimers Ruling Offers Restriction Practice Insights
The Federal Circuit's recent decision in Focus Products v. Kartri confirms that prosecution disclaimers can extend to examiner-defined species in restriction practice, making it important for patent practitioners to manage restriction requirement responses carefully to avoid unintended claim scope limitations, say attorneys at BCLP.
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Opinion
Supreme Court Term Limits Would Carry Hidden Risk
While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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How Choice Of Law Won The Day In NC Biz Court COVID Case
The North Carolina Business Court recently ruled for policyholders in Tanger Properties v. ACE American Insurance, a business interruption lawsuit arising from the pandemic-related closure of Tanger outlet centers, underscoring the significant role that choice of law plays in insurance coverage disputes, say attorneys at Hunton.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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Identifying And Resolving Conflicts Among Class Members
As the Fifth Circuit's recent decision in Nova Scotia Health Employees' Pension Plan v. McDermott International illustrates, intraclass conflicts can determine the fate of a class action — and such conflicts can be surprisingly difficult to identify, says Andrew Faisman, a clerk at the U.S. District Court for the Southern District of New York.
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How MAHA Is Taking Shape At The State Level
The national spotlight on the federal government's Make America Healthy Again movement is bolstering state-level actions regarding potential health impacts of certain food ingredients, increasing the difficulty and importance of maintaining effective compliance programs, say attorneys at Cooley.
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AI Evidence Rule Tweaks Encourage Judicial Guardrails
Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.