Retail & E-Commerce

  • July 22, 2026

    Split Fed. Circ. Won't Reinstate Injunction In Schedule A Feud

    A split Federal Circuit panel declined to reinstate an injunction against a group of retailers using Amazon and Temu to sell products that electronics company Shenzhen Jisu Technology Co. Ltd. claims infringe its design patent, disagreeing Wednesday with Shenzhen that a district judge had read an improper rule into the case.

  • July 22, 2026

    Kratom Cos. Must Face Conn. OD Liability Claims, Father Says

    The makers of the Whole Herbs brand of kratom products shouldn't be allowed to trim a lawsuit claiming it's partially liable for the overdose death of a 33-year-old man, the man's father has told a Connecticut state court, saying his suit sufficiently pled all claims and that "there is no such thing as 'good kratom.'"

  • July 22, 2026

    QVC Shareholders Can't Stay Ch. 11 Plan

    A Texas bankruptcy judge on Wednesday declined to pause home shopping company QVC Group's Chapter 11 plan, saying shareholders opposed to the plan have not made their case for a stay pending their appeal of its confirmation.

  • July 22, 2026

    FCC Overhauls 'Nutrition' Labels For Broadband Services

    Consumers can expect to soon see a change in broadband "nutrition" labels detailing the metrics of high-speed services after the Federal Communications Commission voted to overhaul the labeling rules Wednesday.

  • July 22, 2026

    Mass. Court Affirms License Loss In Lotto Ticket Scheme

    An intermediate appellate court in Massachusetts on Wednesday affirmed the permanent revocation of lottery sales licenses for two convenience store owners who allegedly played significant roles in a scheme to buy winning lottery tickets from customers seeking to avoid taxes or other obligations.

  • July 22, 2026

    Federal Judge Blocks NYC Uber, Lyft Driver Deactivation Law

    A New York federal judge has blocked New York City from enforcing a new ordinance prohibiting Uber and Lyft from "deactivating" drivers without formal notice and investigation, saying the ride-hailing companies have made a strong showing that the regulation unconstitutionally interferes with their contractual rights.

  • July 22, 2026

    MillerKnoll Wins $172K Fees After Beating Bubble Lamp IP Suit

    A Michigan federal judge on Wednesday awarded MillerKnoll $172,000 in attorney fees after it defeated intellectual property claims brought by the heirs of modernist furniture designer George Nelson over his iconic bubble lamps, in a case with purportedly tens of millions of dollars at stake.

  • July 22, 2026

    Altria, Juul Ask 9th Circ. To Nix Antitrust Classes

    Altria and Juul are urging the Ninth Circuit to undo a class certification ruling in an antitrust case over Altria's past investment in the e-cigarette maker, saying the classes include disparate groups of purchasers from across the country.

  • July 22, 2026

    States Say Nielsen Ruling Backs Claims In Live Nation Suit

    A recent Second Circuit ruling in a data-tying case was invoked Wednesday to support a motion by more than a dozen state attorneys general opposing Live Nation's attempt to overturn a federal jury verdict against the company.

  • July 22, 2026

    'Moxie' Boutique Says Club's Name Sows Brand Confusion

    The boutique Moxie Mercantile in Charlotte, North Carolina, has accused a new private social and wellness club of copying its name, saying the membership-only club is confusing its longtime customers in the Queen City by also selling jewelry and clothing to the public.

  • July 22, 2026

    World Cup Brand Battles Will Outlast Spain's Title Victory

    The 2026 FIFA World Cup came to an end Sunday with Spain winning for the second time in its history, but intellectual property battles are just heating up as companies and individuals seek to capitalize on the global event, experts told Law360.

  • July 22, 2026

    Cars.com Sabotaged $88M Earnout, Chancery Suit Says

    Cars.com is facing a lawsuit in Delaware Chancery Court accusing the online marketplace of deliberately undermining the growth of automotive wholesale auction platform DealerClub after acquiring it in a deal that left most of the purchase price contingent on future performance.

  • July 21, 2026

    Economist Concedes Opioid Stats' Limits In Albertsons Trial

    Despite testifying that Albertsons pharmacy records suggest some opioids dispensed in Washington state had "red flags" for potential diversion from legitimate use, an economist for the Evergreen State conceded Tuesday that he can't point to "even a single pill dispensed by Albertsons" that was actually improperly diverted. 

  • July 21, 2026

    FCC Launches 1st Foreign Drone Enforcement Action

    The Federal Communications Commission said Tuesday that it has launched the first action to revoke authorizations from a company for allegedly trying to get around a blanket ban on foreign-made drones.

  • July 21, 2026

    Atty Immunity Should Cut Firm From Fee Suit, Judge Says

    A Texas federal judge has recommended letting California law firm Bartko Pavia out of a lawsuit brought by litigation boutique Williams Simons & Landis PC over alleged unpaid legal fees, saying attorney immunity shields the California firm.

  • July 21, 2026

    Nike's Discounts Based On Phony Reference Prices, Suit Says

    Nike was slapped with a proposed class action in California federal court on Tuesday that accuses it of hawking bogus discounts and savings on footwear and other goods sold online by displaying reference prices that don't reflect the actual prevailing market prices. 

  • July 21, 2026

    Calif. Privacy Agency Targets Gig Economy In Inaugural Audit

    The California Privacy Protection Agency on Tuesday kicked off its long anticipated series of sectoral privacy audits, announcing that its first focus would be on how transportation, delivery and other gig economy platforms are handling consumers' and workers' personal information. 

  • July 21, 2026

    Building Products Co. Can't Shake Wage, Break Suit

    A Washington federal judge on Tuesday said a building products company cannot escape a proposed class action claiming it denied workers wages and breaks, finding that the former employee behind the suit plausibly alleged unpaid work and that federal compensability rules do not apply to her state law wage claims.

  • July 21, 2026

    Permira-Backed Fashion Shop Reformation Eyes $225M IPO

    Private equity-backed womenswear brand Reformation has unveiled terms for its planned initial public offering, expecting to raise around $225 million in an IPO steered by Skadden Arps Slate Meagher & Flom LLP and Latham & Watkins LLP.

  • July 21, 2026

    Canon Notches Another Fed. Circ. Win In Inkjet Patent Fight

    The Federal Circuit on Tuesday declined to reboot claims in a Slingshot Printing patent covering a printhead for an inkjet printer challenged by Canon at the Patent Trial and Appeal Board, less than a week after the appeals court backed decisions invalidating claims in three similar patents.

  • July 21, 2026

    Fed. Circ. Restarts Treadmill Patent Infringement Case

    The Federal Circuit on Tuesday revived a case in which treadmill maker Woodway USA Inc. sued exercise equipment company Lifecore Fitness Inc., saying Lifecore was granted a win based on an overly narrow claim construction.

  • July 21, 2026

    Nike Ad Crew Member Sues Over Wages, Missed Breaks

    A production assistant who worked on a Nike Inc. commercial has sued the sportswear giant, its advertising agency and a production company, alleging the companies failed to pay overtime wages, denied meal and rest breaks and delayed wage payments to film crew members, according to a complaint filed in California federal court.

  • July 21, 2026

    Mass. Panel Clears Pot Repeal Question For November Ballot

    Massachusetts state officials Tuesday tossed out a legal objection to the integrity of signatures gathered in favor of putting a petition to repeal retail marijuana legalization on the ballot, effectively ensuring that the issue will appear before voters this fall.

  • July 21, 2026

    7th Circ. Probes Offset Restitution In Hytera-Motorola Dispute

    Seventh Circuit judges appeared amenable Tuesday to Motorola's argument that an Illinois federal judge wrongly refused to order Hytera to pay restitution for stealing trade secrets and improperly treated Hytera's payments in parallel civil litigation as offsets in the criminal case, effectively nullifying Motorola's punitive damages award.

  • July 21, 2026

    Jordan Secures 10% Forced Labor Tariff Rate With US Deal

    The U.S. and Jordan signed a trade agreement Tuesday that would lower non-tariff trade barriers on U.S. exports in exchange for a U.S. commitment to impose a 10% tariff rate on imports from the kingdom when new duties to address goods produced with forced labor take effect.

Expert Analysis

  • Opinion

    CBP's $166B Tariff Refund Portal Needs 4 Safeguards

    Author Photo

    Before launching its automated web portal to process tariff-refund disbursements on April 20, U.S. Customs and Border Protection should apply the expensive lessons learned from the pandemic-era employee retention credit, says Peter Gariepy at RubinBrown.

  • Decoding Arbitral Disputes: Tracing Paths To Award Recovery

    Author Photo

    Recent subpoenas to Adidas and Hilton deployed in Blasket Renewables v. Spain, pending in D.C. federal court, show arbitration award recovery to be a disciplined exercise in constructing visibility, applying pressure and sequencing procedural advantage, says Josep Galvez at 4-5 Gray's Inn Square.

  • How CFPB Opinion Changes Earned Wage Access Definition

    Author Photo

    The Consumer Financial Protection Bureau's recent conclusion that earned wage access is not "credit" for purposes of Regulation Z of the Truth in Lending Act improves on prior guidance on these products in several meaningful ways, say attorneys at K&L Gates.

  • 'Made In America' EO May Not Survive Section 230

    Author Photo

    President Donald Trump's recent executive order to combat fraudulent "Made in America" claims in advertising directs the Federal Trade Commission to deem online marketplaces' failure to verify third-party origin claims as unlawful, but such a rule would likely run into Section 230's publisher immunity doctrine, say attorneys at Blank Rome.

  • Assessing EcoFactor's Impact On Damages Experts' Opinions

    Author Photo

    Though the Federal Circuit's ruling in EcoFactor v. Google gave rise to concerns that damages experts would be forced to rely on undisputed facts, recent case law suggests that those concerns are unwarranted, says Christopher Loh at Venable.

  • Opinion

    Apple Discovery Fight Could Revive DOJ's Antitrust Appetite

    Author Photo

    Winning discovery disputes in the ongoing federal antitrust litigation over Apple’s app store practices is a huge opportunity for the Justice Department to return to its once-vigorous pursuit of product tying by tech monopolies, catch up with foreign competition regulators and establish clear standards for digital markets, says Ediberto Roman at Florida International University.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

    Author Photo

    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • Calculating Damages In IEEPA Tariff Refund Litigation

    Author Photo

    To calculate damages in the spate of refund litigation triggered by the U.S. Supreme Court's recent decision invalidating tariffs collected under the International Emergency Economic Powers Act, the central question will be how to determine where in the supply chain their economic burden ultimately came to rest, say analysts at Charles River Associates.

  • 'Made In America' Rules Raise Stakes For Gov't Contractors

    Author Photo

    The convergence of widely varying "buy American" requirements, increased enforcement efforts and continuing regulatory attempts to limit foreign sourcing suggests that government contractors should carefully review their supply chain and country-of-origin compliance to remain competitive, say attorneys at Arnold & Porter.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

    Author Photo

    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • Opinion

    Wash. Amazon Ruling Should Reshape Suicide Liability

    Author Photo

    The Washington Supreme Court's reinstatement of negligence claims in Scott v. Amazon.com, brought by the families of people who died by suicide after purchasing chemicals online, signals a reckoning for digital commerce and the rejection of the defense that online marketplaces are merely passive technology platforms, says Donald Fountain at Clark Fountain.

  • What A Court Doc Audit Reveals About Erroneous Filings

    Author Photo

    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Appellate Strategy Lessons From Pa. Excess Coverage Ruling

    Author Photo

    In FedEx v. National Union Fire Insurance, a Pennsylvania state court recently set forth a clear holding that policyholders may recover postjudgment interest under excess liability insurance policies only when the policy language expressly allows, offering important takeaways for planning appeals, say attorneys at Hunton.

  • How Cos. Can Prepare For 'Made In America' Ad Scrutiny

    Author Photo

    The Trump administration's executive order to combat fraudulent "Made in America" claims in consumer-facing advertising, along with actions by the Federal Trade Commission, suggest a potential increased focus on consumer protection and pricing-related matters, say attorneys at Skadden.

  • Similar-Looking Designs May Not Always Prove Infringement

    Author Photo

    The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented design once design features driven by functionality are filtered out from consideration, say attorneys at BCLP.

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.