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Retail & E-Commerce
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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.
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January 22, 2026
Digital Services Taxes May Give Leverage In US Trade Deals
As President Donald Trump and his administration continue to negotiate with trading partners seeking to lower tariff rates, countries with digital services taxes could find those measures build some leverage with U.S. negotiators aiming to eliminate them.
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January 22, 2026
Walmart Defeats Black Manager's Race Bias, Harassment Suit
Walmart prevailed Thursday over a suit from a Black former manager who said he was denied a promotion and subjected to racist harassment on the job, when a Michigan federal judge ruled he lacked evidence that he was qualified for higher roles or had endured severe mistreatment.
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January 22, 2026
AGs Target Investor Advocacy Group As 'Climate Cartel'
A group of state attorneys general led by Florida Attorney General James Uthmeier issued a warning letter Wednesday to climate advocacy organization Ceres claiming concerns about violations of antitrust and consumer protection laws.
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January 22, 2026
PE-Backed Strickland Brothers Secures $360M Investment
Private equity-backed oil change operator Strickland Brothers, led by Herbert Smith Freehills Kramer LLP, on Thursday revealed that it secured $360 million of financing to support acquisition activity and allow for continued national expansion.
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January 22, 2026
Amazon Says IP Lawyer Can't Dodge Trademark Suit
Amazon is pushing back against an intellectual property lawyer's effort to escape a lawsuit accusing him of conspiring with a Chinese company to sidestep a U.S. Patent and Trademark Office rule, arguing the claims were properly pled and that the Seattle federal court is the proper venue.
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January 22, 2026
Roomba Maker IRobot Gets Ch. 11 Plan Approved
A Delaware bankruptcy court Thursday gave final confirmation of a Chapter 11 plan proposed by iRobot Corp., the maker of the Roomba robot vacuum, that calls for eliminating $257 million in debt and transferring ownership of the company to its secured creditor.
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January 21, 2026
Fintech Co. Says Investor Suit 'Regurgitates' SEC Claims
A fintech company has sought to shed a proposed investor class action alleging its former CEO manipulated trading prices for its shares, arguing that the suit fails because it parrots separate U.S. Securities and Exchange Commission allegations.
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January 21, 2026
Costco Nears Settlement With Insurer Over Store Injury Claims
A Hartford unit has reached a tentative deal with Costco to end claims that the insurer wrongfully refused defense coverage for a lawsuit by a customer allegedly hurt while trying to move a grill box at a California store, according to a Wednesday filing in Seattle federal court.
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January 21, 2026
PE Firm Used Jail Threats To Steer Cannabis Deal, Court Told
A private equity firm can't free itself from a contract breach spat between a CBD and hemp product manufacturer and its business partner, as the firm not only interfered with the contract but also threatened to have people thrown in jail if they refused to capitulate, a North Carolina federal court heard Wednesday.
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January 21, 2026
Willkie Hires Chicago Restructuring Partner From Kirkland
Willkie Farr & Gallagher LLP has announced it has engaged an attorney from Kirkland & Ellis LLP to join the firm as a partner based in its Chicago office, where it anticipates he will make a successful contribution to a growing corporate restructuring platform.
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January 21, 2026
FTC Must 'Scale A Slick Wall' To Revive Meta Suit
The Federal Trade Commission set itself up for a tough fight to overturn a D.C. federal judge's rejection of its lawsuit accusing Meta of monopolizing personal social media through its purchases of WhatsApp and Instagram.
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January 21, 2026
Feds Back Freight Broker In High Court Negligence Case
The federal government urged the U.S. Supreme Court Wednesday to hold that federal law unequivocally shields freight brokers from state-based negligence and personal injury claims, throwing its support behind broker and logistics giant C.H. Robinson in a closely watched case.
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January 21, 2026
Apple Workers In Wash. Sue Over Limits On Moonlighting
Apple Inc. has broken a Washington state moonlighting law by prohibiting dozens of lower-wage workers from taking second jobs to supplement their incomes, according to a former employee's proposed class action against the company.
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January 21, 2026
FedEx Loses $200M Interest Claim Against AIG Unit
A Pennsylvania state judge Wednesday said an AIG unit won't have to pay FedEx $200 million in post-judgment interest following a fatal crash involving one of its drivers, but allowed bad faith and promissory estoppel claims to move forward against the insurer because those claims require a trial.
Expert Analysis
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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AG Watch: Va. Insulin Price Probe Signals Rising Scrutiny
Virginia Attorney General Jason Miyares' recent investigation into insulin manufacturers and pharmacy benefit managers for allegedly colluding to artificially inflate insulin prices reflects a broader trend to leverage consumer protection authority in high-impact healthcare matters, and the upcoming leadership change is unlikely to diminish scrutiny in this area, says Chuck Slemp at Cozen O'Connor.
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3 Key Takeaways From Planned Rescheduling Of Cannabis
An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.
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6 Issues That May Follow The 340B Rebate Pilot Challenge
Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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Reviewing Historical And Recent NYDFS Blockchain Guidance
Excerpt from Practical Guidance
An industry letter released in the fall by the New York State Department of Financial Services, together with guidance issued over the past decade, signals a heightened regulatory expectation for covered institutions regarding the use of blockchain analytics and requires review, says Nicole De Santis at Nomadis Consulting.
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Business Considerations Amid Hemp Product Policy Change
With the passage of a bill fundamentally narrowing the federal definition of "hemp," there are practical and business considerations that brands, manufacturers and other parties should heed over the next year, including operational strategies, evaluating contract and counterparty risk, and tax implications, say attorneys at Foley Hoag.
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Disney's OpenAI Deal Could Be Turning Point In IP Licensing
The Disney-OpenAI agreement last month is less an anomaly than an early attempt to define what licensed generative use of entertainment intellectual property looks like in practice, including how artificial intelligence user-generated content is permitted without eroding ownership and control, says Alex Locke at Meister Seelig.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
DHS' Parole Termination Violates APA And Due Process
The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.
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Shopify Suit Is An Early Antitrust Test Of 'Buy Now, Pay Later'
An ongoing antitrust suit in Minnesota federal court filed by Sezzle against Shopify — one of the earliest such lawsuits focused on buy now, pay later services — could play a particularly informative role in how short-term credit offerings and the broader market develop, say attorneys at Alston & Bird.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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Series
Mass. Banking Brief: All The Notable Legal Updates In Q4
Among the most significant developments on the banking regulation front in Massachusetts last quarter, Attorney General Andrea Joy Campbell announced her bid for reelection, and the state Division of Banks continued its fintech focus by finalizing rules implementing a new money transmitter law, say attorneys at Nutter.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Higher Expectations For 'Schedule A' IP Suits On The Horizon
Two 2025 rulings may reflect a growing judicial discomfort with the current state of Schedule A litigation — intellectual property lawsuits that typically involve brand owners suing multiple defendants doing business on e-commerce platforms — and that evidentiary submissions and temporary restraining order requests may face more rigorous review, says Dylan Scher at Quinn Emanuel.