Retail & E-Commerce

  • January 08, 2026

    Fed. Circ. Says Crocs' Appeal Of Split ITC Loss Came Too Late

    The Federal Circuit on Thursday rebuffed Crocs Inc.'s efforts to save its request for an import ban against companies it accused of importing footwear infringing its trademarks, finding the company was too late in challenging the mixed ITC ruling that generated two appeal deadlines.

  • January 08, 2026

    Comscore Ducks Antitrust But Not Unfairness Claims, For Now

    Comscore won a partial reprieve from claims that it undermined a would-be box office data rival, with a California federal judge dismissing federal antitrust claims while preserving accusations of unfair competition, false advertising and business interference.

  • January 08, 2026

    Wolfspeed Securities Class Action Sent To NC Federal Court

    A securities class action case against chipmaker Wolfspeed Inc. was transferred to North Carolina federal court Wednesday following a New York judge's order directing the movement of the consolidated investor suits over alleged misrepresentations about the company's financial projections.

  • January 08, 2026

    Fla. Entrepreneur Urges Court To Halt RI Pot Licensing

    Rhode Island's cannabis authority should be temporarily blocked from following a rule that forbids issuing licenses to out-of-state residents, a Florida entrepreneur told a federal court, saying his lawsuit slamming the state's residency rule as unconstitutional is likely to succeed.

  • January 08, 2026

    6th Circ. Says Immunity Dooms Mich. Farm's Zoning Fight

    The Sixth Circuit will not revive a Michigan couple's lawsuit against their township related to a heated dispute over zoning approvals for selling cider and hosting events at their farm, saying the farm owners have not shown the local officials should be stripped of their qualified immunity.

  • January 08, 2026

    Texas AG Says P&G Is Updating Kid Fluoride Crest Label

    The Texas attorney general said Wednesday that Procter & Gamble has agreed to place information about the recommended amount of fluoride toothpaste for children on its packaging in order to show the accurate amount on its Crest toothpaste for children.

  • January 08, 2026

    Fed. Circ. Backs Trade Court's Rejection Of Cheaper Duty Bid

    A Federal Circuit panel Thursday affirmed a U.S. Court of International Trade judge's determination that a Christmas ornament seller imported its Chinese-made goods to Canada with the intention of selling them in the U.S. and therefore isn't entitled to a cheaper duty rate.

  • January 08, 2026

    Yankees Slugger Wins TM Battle Over 'Judge' Slogans

    The Federal Circuit has blocked a Long Island man from registering trademarks for judicial-themed slogans that had already been used by New York Yankees star Aaron Judge, upholding a Trademark Trial and Appeal Board decision in the slugger's favor.

  • January 08, 2026

    ITC To Investigate Smartwatch Giants Over Fall Detection IP

    The U.S. International Trade Commission on Thursday said it will review whether Apple, Google, Garmin and Samsung are infringing UnaliWear Inc.'s patents with their smartwatch imports.

  • January 08, 2026

    DC Court Partially Trims Shein IP Suit Against Temu

    A Washington, D.C., federal judge has trimmed some of fast fashion company Shein's intellectual property lawsuit against one of the companies behind e-commerce platform Temu, but kept alive claims for false advertising and trade secret theft.

  • January 08, 2026

    Amici Back CoStar's Review Bid For Rival's Antitrust Claims

    Technology industry coalition Chamber of Progress and other parties are urging the U.S. Supreme Court to grant commercial real estate information company CoStar's review petition for a Ninth Circuit ruling that revived a business rival's antitrust counterclaims.

  • January 08, 2026

    3 Firms Advise On $500M Good Culture PE Buyout

    Consumer-focused investment firm L Catterton has agreed to purchase a majority stake in Good Culture in a deal that values the dairy brand at $500 million, with law firms Winston & Strawn LLP, Kirkland & Ellis LLP and Cooley LLP advising, Good Culture said Thursday. 

  • January 07, 2026

    OpenAI Can't Ax Musk's Fraud Claim Over For-Profit Plan

    A California federal judge indicated Wednesday that she'll deny OpenAI's bid to toss Elon Musk's claims that the artificial intelligence company duped the billionaire into donating $45 million with false promises of remaining a nonprofit, saying "there's plenty of evidence" to take the claim to a jury.

  • January 07, 2026

    Home Depot 401(k) Fight Wraps Before High Court Gets A Say

    The Home Depot and workers alleging mismanagement of their 401(k) plan told the nation's highest court Wednesday they wrapped up their legal battle, just a month after the U.S. solicitor general urged the justices to grant the workers' bid for review and rule for the retailer.

  • January 07, 2026

    Live Nation Looks To Toss BOTS Act Case

    Live Nation and Ticketmaster told a California federal court Tuesday the Federal Trade Commission is trying to use a statute designed to help ticket sellers fight scalping to target operation of the events and the ticketing giant's legitimate resale platform.

  • January 07, 2026

    'I'm Not Buying It': Judge Pans 'Ridiculous' Colgate Argument

    A California federal judge appeared open Wednesday to certifying multiple subclasses in a consumer action alleging Colgate falsely labels its toothpaste tubes as being recyclable, and panned one of the arguments by Colgate's defense attorneys as "ridiculous."

  • January 07, 2026

    Expedia Wants Singapore's Help Getting Docs In Rival's Suit

    Expedia asked a Washington federal judge to help it seek assistance from Singapore's court system to get documents from Trip.com, saying the discovery is pertinent in an antitrust case brought by representatives for a defunct Swiss competitor.

  • January 07, 2026

    Amazon Seeks To Halt Supplement Suit As FDA Nixes Rule

    Amazon called on a Seattle federal judge to pause a proposed class action accusing the e-commerce platform of failing to make certain disclosures on supplement product pages, saying the U.S. Food and Drug Administration plans to revoke the so-called each panel labeling rule at the center of the case.

  • January 07, 2026

    Colo. Knife Manufacturer Says Rival Misused Trademarks

    A Colorado-based knife manufacturer accused one of its competitors in federal court Wednesday of selling products with its trademark brand name and logo without authorization.

  • January 07, 2026

    Texas Tobacco Co. Says Supplier Sabotaged Contract, Sales

    A Texas-based tobacco company is suing its former manufacturer in North Carolina federal court, saying it broke their contract by jacking up its prices, then told retailers to pull the products off their shelves.

  • January 07, 2026

    NJ Town Blasts 'Litigation Tactic' In Mall Sunday Sales Suit

    The New Jersey borough that's home to the American Dream megamall has asked a state judge to dismiss another municipality's lawsuit challenging Sunday sales there, arguing that the complaint failed to articulate any legally cognizable claim against the borough.

  • January 07, 2026

    Amazon Stay Bid Should Fail In Patent Suit, WDTX Told

    Texas-based Headwater Research LLC urged a Texas federal court not to pause its suit accusing Amazon of infringing a pair of server and wireless connection patents while the e-commerce giant challenges the patents at the Patent Trial and Appeal Board.

  • January 07, 2026

    Fans Defend Merch Monopoly Suit Against NFL, Fanatics

    Fans suing the NFL and Fanatics over merchandise licensing agreements are urging a New York federal judge to keep their case afloat, skewering the league's attempt to liken the suit to a similar antitrust case that sputtered recently.

  • January 07, 2026

    DSW Says Sony Copyright Case Filed In Interest Of Efficiency

    The owner of shoe retailer DSW has told an Ohio federal court its lawsuit against Sony Music Entertainment seeking an order finding it did not infringe Sony's copyrights was not an anticipatory action but rather an effort to consolidate multiple infringement allegations into one in the interest of efficiency.

  • January 07, 2026

    FDA Pushes Back On Vape Cos.' 5th Circ. Appeal

    The U.S. Food and Drug Administration is urging the Fifth Circuit to reject a group of appeals from e-cigarette manufacturers seeking to overturn the marketing denial of their flavored vapes, saying the agency did not abuse its discretion in rejecting the companies' products.

Expert Analysis

  • How 2nd Circ. Cannabis Ruling Upends NY Licensing

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    A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • How Sustainability Reporting Changed In The 1st Half Of 2025

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    Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Union Interference Lessons From 5th Circ. Apple Ruling

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    The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • High Court E-Cig Ruling Opens Door For FDA Challenges

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    There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.

  • How 9th Circ. Customs Ruling Is Affecting FCA Litigation

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    The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • Ruling Puts 11th Circ. At Odds With Bankruptcy Courts

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    While an Eleventh Circuit majority recently found in BenShot v. 2 Monkey Trading and Lucky Shot USA that corporate debtors, like individuals, face certain exceptions to discharge under a nonconsensual Subchapter V plan, the ruling not only reverses the lower court, but opposes the holdings of many other bankruptcy courts, say attorneys at McDermott.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Budget Act Should Boost Focus On Trade Compliance

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    Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.

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