Retail & E-Commerce

  • February 02, 2026

    Vape Sellers Say Texas' China Liquid Ban Is Unconstitutional

    A group of vape distributors and retailers is suing to block enforcement of a new Texas law prohibiting the sale of e-cigarettes using liquid from China and other "adversaries" of the U.S., saying the law is unconstitutional as only Congress can regulate trade with foreign countries.

  • January 30, 2026

    Google Can't Ditch $425M Privacy Verdict, But Won't Owe $2B

    A California federal judge on Friday refused to decertify a class of Google users who scored a $425 million jury verdict in their privacy suit; however, he also shot down the consumers' request that Google shell out an additional $2.36 billion in disgorgement of profits.

  • January 30, 2026

    Kroger, Albertsons Look To Block FTC Testimony Handover

    Grocery giants Albertsons and Kroger asked a California federal judge to protect sensitive expert testimony that helped the Federal Trade Commission torpedo their planned merger in 2024, which a new FTC target said is urgently needed to show that the regulator is creating contradictory market analyses.

  • January 30, 2026

    Brewery Ownership Condition Takes Spotlight In Beer IP Fight

    SweetWater Brewing Co.'s chief executive officer asked a Georgia federal judge for an early win Friday in a copyright suit brought by the creator of the company's trout logo, taking aim at the claim that SweetWater could only use the artwork as long as the CEO remained the brewery's owner.

  • January 30, 2026

    CBD Cos. Say They're Wrong Defendants In Kratom Suit

    Shaman Botanicals LLC and CBD American Shaman LLC are urging a California federal judge to throw out claims that they mislead consumers by failing to warn them that Soma Kratom products are dangerous and addictive, saying they're not affiliated with Soma Kratom in the first place.

  • January 30, 2026

    Creditors Given Weekend To Review Saks Off 5th Closures

    A Texas bankruptcy judge on Friday indicated that he will approve Saks Global's emergency motion to close the majority of its Saks Off 5th retail locations and its remaining Neiman Marcus Last Call stores, but not until Monday at the earliest.

  • January 30, 2026

    Pa. Restaurant Wants Walmart To OK Roof Permit

    A Pennsylvania restaurant claims in a complaint in Pennsylvania state court that its Walmart Inc. landlord has failed to approve a permit for replacing the restaurant's "old and deteriorated" roof.

  • January 30, 2026

    Fanatics, Leagues Want Out Of Card Buyers' Antitrust Suit

    Trading card customers accusing Fanatics of manipulating the market through its exclusive deals with the major sports leagues make premature and implausible conclusions, the collectibles giant told a New York federal judge in its bid to dismiss the suit.

  • January 30, 2026

    Allergan Sued Over 'Preservative Free' Eyedrop Labeling

    AbbVie unit Allergan USA was hit with a proposed false advertising class action Wednesday in Illinois state court by two customers alleging that the company labeled its eyedrops as "preservative free" despite the fact that they contain boric acid. 

  • January 30, 2026

    1st Circ. Revives Ex-Hasbro Workers' Religious Vax Bias Suit

    Two former Hasbro employees who sought religious exemptions from the company's COVID-19 vaccination policy plausibly alleged they were disciplined because of their accommodation requests, the First Circuit ruled, reviving the workers' retaliation and discrimination suit.

  • January 30, 2026

    DOJ Requires Divestitures For Reddy Ice-Arctic Glacier Tie-Up

    The U.S. Department of Justice Antitrust Division is forcing Reddy Ice to divest assets in five geographic areas in order to win approval for a $126 million acquisition of competitor Arctic Glacier.

  • January 30, 2026

    Amazon Says Shoppers' Labeling Suit Is Corrupted By AI Errors

    In customers' latest filing in their proposed class action accusing Amazon of failing to make required disclosures on dietary supplement product pages, the e-commerce giant alleges that the plaintiffs have submitted a document riddled with errors derived from the use of generative text.

  • January 30, 2026

    USTR Signs Trade Agreements With El Salvador, Guatemala

    The U.S. signed framework trade agreements with El Salvador and Guatemala, according to announcements from the U.S. Trade Representative's Office.

  • January 30, 2026

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London saw collapsed solar bonds company Rockfire Capital sue the Royal Bank of Scotland, e-ticket platform Eventbrite target the owners of Salford Red Devils rugby club over an alleged contract breach, and Scottish distiller William Grant & Sons square off against a former MP in a trademark tussle tied to its Glenfiddich whisky. 

  • January 29, 2026

    NC Vape Sale Limits Face Preemption Test At 4th Circ.

    Counsel for vape manufacturers and sellers implored the Fourth Circuit Thursday to agree with an interpretation of the federal Food, Drug, and Cosmetic Act that would preempt a new North Carolina law that regulates and prohibits the sale of certain e-cigarette or "vape" products.

  • January 29, 2026

    7th Circ. Mulls Army Motto's Protection In TM Retrial Bid

    The Seventh Circuit seemed unsure Thursday whether it should grant a California-based T-shirt company relief from a trademark trial loss over its use of the phrase "This We'll Defend" on its products, questioning whether the phrase is too common to warrant protection under federal or common law.

  • January 29, 2026

    Costco Sued Over 'No Preservatives' Roast Chicken Ads

    A pair of Golden State consumers have hit Washington-based Costco Wholesale Corp. with a proposed class action in California federal court, accusing the company of falsely advertising its popular $4.99 rotisserie chicken as preservative free despite containing two chemicals — sodium phosphate and carrageenan — which allegedly function like preservatives.

  • January 29, 2026

    Apple Dodges Users' Deposition In Google Antitrust Case

    A California federal judge has quashed a Christmas Eve deposition subpoena that sought information from Apple Inc. concerning dealings with Google LLC, saying users who accused Google of suppressing rival search engines through anticompetitive deals had no valid reason for the subpoena.

  • January 29, 2026

    Apple Aims To Boot Anti-Moonlighting Suit To Arbitration

    Apple Inc. urged a Seattle federal judge to throw out a former employee's proposed class action accusing the company of unlawfully barring lower-wage workers from taking second jobs, arguing that plaintiff Gabriel Fisher gave up his right to sue when he signed an arbitration agreement included in his job offer.

  • January 29, 2026

    Dems Have Questions Over FTC's Unsealed Pepsi Complaint

    Democratic lawmakers have accused PepsiCo Inc. of providing misleading responses to a previous inquiry about the Federal Trade Commission's abandoned price discrimination case, while also raising concerns that the agency dropped the case for political reasons.

  • January 29, 2026

    Amazon Consumers Lose Bid For Earlier Antitrust Trial Date

    The trial in a massive consumer antitrust class action against Amazon.com Inc. will remain scheduled for June 2027 following a Seattle federal judge's refusal of shoppers' request to move up the trial to November.

  • January 29, 2026

    Conn. Drug Price Cap Survives Distributor Challenge, For Now

    The Second Circuit has declined a bid to immediately block the state of Connecticut from enforcing a cap on generic and off-patent drug prices while the Healthcare Distribution Alliance, a collection of wholesale distributors, challenges the new law.

  • January 29, 2026

    PTAB Knocks Down 3 More P&G Deodorant Patents

    The Patent Trial and Appeal Board has invalidated claims across three more Procter & Gamble deodorant patents, handing personal care product brand Dr. Squatch another win in its challenges to the patents it was accused of infringing in federal court.

  • January 29, 2026

    Congress' Limited Tariff Role May Persist After Justices Rule

    The U.S. Supreme Court's ruling on President Donald Trump's emergency tariffs could leave the door open for Congress to play a larger role in trade policy heading into November's midterms, but that opportunity may pose few political incentives for lawmakers.

  • January 29, 2026

    Wash. Panel Sides With Card Processor In Biz Tax Dispute

    A Washington appeals panel ruled Thursday that the state Department of Revenue owed a card payment processor a refund, as the agency wrongly included fees charged by issuing banks in the processor's gross income calculation.

Expert Analysis

  • Series

    The Law Firm Merger Diaries: Forming Measurable Ties

    Author Photo

    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.

  • AG Watch: Va. Insulin Price Probe Signals Rising Scrutiny

    Author Photo

    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.

  • 3 Key Takeaways From Planned Rescheduling Of Cannabis

    Author Photo

    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.

  • 6 Issues That May Follow The 340B Rebate Pilot Challenge

    Author Photo

    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.

  • 5 E-Discovery Predictions For 2026 And Beyond

    Author Photo

    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.

  • Reviewing Historical And Recent NYDFS Blockchain Guidance

    Excerpt from Practical Guidance
    Author Photo

    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.

  • Business Considerations Amid Hemp Product Policy Change

    Author Photo

    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.

  • Disney's OpenAI Deal Could Be Turning Point In IP Licensing

    Author Photo

    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.

  • Series

    Judges On AI: How Courts Can Boost Access To Justice

    Author Photo

    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.

  • Opinion

    DHS' Parole Termination Violates APA And Due Process

    Author Photo

    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.

  • Shopify Suit Is An Early Antitrust Test Of 'Buy Now, Pay Later'

    Author Photo

    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.

  • Opinion

    The Case For Emulating, Not Dividing, The Ninth Circuit

    Author Photo

    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.

  • Series

    Mass. Banking Brief: All The Notable Legal Updates In Q4

    Author Photo

    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.

  • Series

    Muay Thai Makes Me A Better Lawyer

    Author Photo

    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.

  • Higher Expectations For 'Schedule A' IP Suits On The Horizon

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Retail & E-Commerce archive.