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Retail & E-Commerce
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January 13, 2026
2nd Circ. Hints Ex-Luxottica Worker Has ERISA Standing
Second Circuit judges sounded sympathetic Tuesday to the idea that a former Luxottica employee has standing to pursue changes to its defined benefit pension plan, expressing skepticism at the company's notion that her case is barred because she is seeking unavailable remedies.
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January 13, 2026
Full Fed. Circ. Asked To Reconsider Car Seat Patent Case
Wonderland Switzerland AG wants the full Federal Circuit to take another look at a panel's December reversal of part of a ruling that Evenflo Co. Inc. infringed one of its car seat patents, saying the suit involves a regularly occurring question in patent law.
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January 13, 2026
Fed. Circ. Backs PTAB's Axing Of UV Disinfectant Patent
The Federal Circuit on Tuesday issued a one-word order affirming a Patent Trial and Appeal Board decision invalidating claims in a patent covering technology for using UV light for sanitation, declining to take on the inventor's challenge to the board's obviousness determinations.
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January 13, 2026
Squires Institutes 8 Patent Reviews, Rebuffs 47 Petitions
U.S. Patent and Trademark Office Director John Squires has denied 47 requests for America Invents Act patent reviews and granted eight other petitions, continuing his practice of spurning most patent challenges that reach his desk since he took over the handling of institution decisions.
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January 13, 2026
DOJ Fights For May Trial Against Agri Stats
Justice Department attorneys pushed a Minnesota federal judge in oral arguments Tuesday to let them go to trial in May on claims that Agri Stats' protein industry reports help major producers hike prices, arguing they're entitled to leapfrog private plaintiffs and the company cannot toss or winnow their allegations.
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January 13, 2026
Lawmakers Eye 2-Year Delay On Hemp Ban Implementation
A bipartisan group of Congress members led by Rep. Jim Baird, R-Ind., on Tuesday introduced a bill that would delay implementation of a national ban on most hemp products by an additional two years.
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January 13, 2026
Bath & Body Works Investor Sues Over Co.'s Growth Claims
Retail chain Bath & Body Works Inc. was hit with a proposed shareholder class action accusing it of misleading investors about the success of its product expansion strategy and leaning heavily on frequent promotions to drive unsustainable growth.
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January 13, 2026
NJ Gov. Signs Bill Regulating Intoxicating Hemp Products
New Jersey Gov. Phil Murphy has signed into law a bill regulating the sale of intoxicating hemp products, closing what the bill's sponsors called a loophole that allowed them to be sold without oversight.
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January 13, 2026
'Sazerac Stitches' TM Too Similar To Sazerac, Fed. Circ. Says
The Federal Circuit on Tuesday affirmed a trademark tribunal's refusal to register "Sazerac Stitches" for a variety of home goods and decor items because of potential confusion with the distilled spirits and cocktail accessories sold by Sazerac Brands LLC.
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January 13, 2026
Hand & Stone Sent Info To Google, Meta And TikTok, Suit Says
Spa franchise Hand & Stone has been hit with a potential class action filed by a customer claiming the chain violated her privacy rights by sending confidential health information taken from the company's website to Google, Meta and TikTok.
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January 13, 2026
Maine Alters Excise Tax Assessment On Camper Trailers
Maine will change its application and collection of excise tax on camper trailers under a law that took effect without the signature of Democratic Gov. Janet Mills.
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January 13, 2026
House Clears African, Haitian Trade Agreement Extensions
The U.S. House of Representatives late Monday overwhelmingly approved two bills that would extend regional trade agreements with African nations and Haiti for three years each, with both now headed to the U.S. Senate for approval.
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January 13, 2026
2 Firms Guide IPO Valuing Construction Rental Co. At $6.4B
Columbia, Missouri-based construction equipment rental company EquipmentShare on Tuesday said it was seeking a valuation of up to $6.4 billion in an upcoming initial public offering guided by Davis Polk & Wardwell LLP and Latham & Watkins LLP.
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January 13, 2026
Hemp Co. Accuses Rival Of Using Pot-Based THC, Not Hemp
Hemp-derived cannabinoid company CCT Sciences LLC is suing a competitor in Florida federal court, alleging that despite the rival's claims of using "natural" hemp-derived THC, it instead uses illegal cannabis derivatives in its products.
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January 13, 2026
Jordan Card Forgery Case Just A Grading Dispute, Jury Told
A Washington man accused of a $2 million sports and trading card scam told a Manhattan federal jury Tuesday that he was charged in a "misguided" prosecution after a dispute with the major player in the card-grading world over a Michael Jordan rookie card.
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January 12, 2026
US Backs Tarnishment Provision Constitutionality At 9th Circ.
Jack Daniel's has urged the Ninth Circuit to affirm a district court's ruling that a company's poop-themed "Bad Spaniels" dog toy tarnished the whiskey maker's trademark, while the federal government separately opposed the toy maker's contention that the Lanham Act's tarnishment provision violates the First Amendment.
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January 12, 2026
Attorneys Chastened By Fed. Circ.'s ITC Mixed Deadline Ruling
A Federal Circuit decision concluding that certain mixed rulings from the U.S. International Trade Commission can generate different appeal deadlines, even when issued in the same document, is a reminder of just how strict courts can be when handling unclear appeal due dates, attorneys told Law360.
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January 12, 2026
Gamestop's 'Buy Online' Option Is Deceiving, Shopper Says
Gamestop has been hit with a proposed false advertising class action in California federal court over an alleged "bait and switch" scheme that doesn't tell customers who pay for digital video games that they are only purchasing a limited license that may not be available to them in the future.
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January 12, 2026
Fed. Circ. Preserves Google, Keysight, Instacart Patent Wins
The Federal Circuit on Monday summarily affirmed decisions from three patent appeals that panels heard at the end of last week, shooting down bids from WSOU Investments LLC, Centripetal Networks LLC and Consumeron LLC.
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January 12, 2026
Scented Products TM Row Ends In Trial Lunchtime Settlement
Luxury scented products company Aroma360 LLC agreed Monday to settle its trademark infringement claims against competitor Scentiment LLC, in a deal negotiated right after the parties finished presenting their opening statements to a jury.
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January 12, 2026
Trump Says 25% Tariff Incoming For Iranian Biz Dealings
Any country with economic ties to Iran could face a 25% tariff immediately on their goods exported to the U.S., President Donald Trump said Monday on social media.
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January 12, 2026
TTAB Cancels 'Reefer Madness' TM Over Prior Apparel Sales
The Trademark Trial and Appeal Board has canceled a Colorado cannabis company's "Reefer Madness" registration for use on mugs and apparel, after a challenge from a business that argued it had priority over the mark for merchandise sales following a musical theater production of the same name.
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January 12, 2026
FCC Scraps Verizon's 60-Day Phone Unlocking Mandate
The Federal Communications Commission on Monday waived a rule stemming from Verizon's takeover of discount provider TracFone that forced the company to open its cellphones to other carriers after 60 days.
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January 12, 2026
Local Governments Ask Texas Judge To Keep NFA Intact
Two U.S. cities and a Texas county asked a federal judge to knock down a bid by gun rights groups to repeal the National Firearms Act, saying that without the law, criminals would have greater access to especially dangerous weapons, such as short-barreled rifles.
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January 12, 2026
Equipment Rental Cos. Ask To Toss Pricing Software Claims
Construction equipment rental companies including United Rentals, Herc, The Home Depot and others have told an Illinois federal court the benchmarking service they use provides a wide range of prices and doesn't help them fix rental rates.
Expert Analysis
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5 Coverage Considerations For Couture And Cosmetics Cos.
Fashion, beauty and cosmetic companies getting ready for 2026 shouldn't neglect important insurance considerations, including stand-alone policies for specialized risk and check-ins with supply chain partners on policy requirements, say attorneys at K&L Gates.
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2025 Calif. Banking Oversight Centered On Consumer Issues
The combination of statutory reform, registration mandates and enforcement activity in 2025 signals that California's financial regulatory landscape is focused on consumer protection, particularly in the areas of crypto kiosk fee practices, earned wage access providers and elder fraud, say attorneys at Ropes & Gray.
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The Major Securities Litigation Rulings And Trends Of 2025
The past 12 months saw increased regulator focus on disclosures concerning artificial intelligence, signs of growing judicial scrutiny at the class certification stage, and shifting regulatory priorities at the U.S. Securities and Exchange Commission — all major developments that may significantly affect securities litigation strategy in 2026 and beyond, say attorneys at Debevoise.
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Labubu Highlights Evolving IP Strategies In Modern Markets
Pop Mart's decision not to pursue U.S. patents for its Labubu plush dolls — relying instead on expressive rights — is rational given the nature of the product and the velocity of the market, and also underscores broader structural issues that may hold the U.S. patent system from keeping pace with modern markets, says Tina Dorr at Barnes & Thornburg.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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5 Lender Strategies When A Commercial Borrower Defaults
With an estimated $2 trillion in commercial real estate loans set to mature by 2027, now is an opportune time for lenders to review practices on both the front and back ends, and understand the full range of options available in the event of a default, says Keith Mundrick at Amundsen Davis.
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Changes In Crypto, Cybersecurity Defined NY Banking In 2025
The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.
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Reviewing 2025's Most Pertinent Wiretap Developments
2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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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.