Retail & E-Commerce

  • April 30, 2026

    7th Circ. Backs Minimal $2K Damages In Counterfeiting Case

    The Seventh Circuit has agreed with a lower court that an online clothing retailer's minimal damages of $2,000 against a company found liable for willful counterfeiting and cybersquatting should not be boosted to $2.1 million, saying obtaining a default judgment was not enough on its own to support an increase.

  • April 30, 2026

    EU-South American Provisional Trade Deal Takes Effect Friday

    The European Union's interim trade agreement with four countries in the South American regional bloc known as Mercosur will begin to apply on a provisional basis Friday, according to news releases issued by the European Commission and members of European Parliament on Thursday.

  • April 30, 2026

    Kroger's Health Plan Tobacco Fee Shirks ERISA, Suit Says

    Supermarket giant Kroger violated federal benefits law by requiring workers to pay an extra fee through their health plan if they used tobacco while failing to give them a fair opportunity to avoid the charge, according to a proposed class action filed in Ohio federal court.

  • April 30, 2026

    CFPB Slashes Small-Biz Lender Reporting In Newly Final Rule

    The Consumer Financial Protection Bureau on Thursday finalized a major rollback of its Biden-era rule on small-business loan data collection, sharply narrowing the scope of financial institutions and activity subject to the statutorily mandated reporting regime.

  • April 29, 2026

    Kroger Settles Gov't Claims Over Ozone-Harming Emissions

    The Kroger Company has reached a proposed settlement with the federal government that ends claims the grocery giant violated the Clean Air Act at stores nationwide, the U.S. Department of Justice announced Wednesday.

  • April 29, 2026

    Conagra Not Off The Hook Over '100% Whole Fish Fillets' Label

    Conagra customers can proceed with their proposed class action alleging some of the food company's fish fillets are deceptively labeled as "100% whole fish" despite containing industrial filler and extra water, after an Illinois federal judge said Wednesday the customers offer a plausible reading of the label, enough to state a claim.

  • April 29, 2026

    Del. Supreme Court Says Bylaw Suits Came Too Soon

    The Delaware Supreme Court on Wednesday upheld the dismissal of stockholder lawsuits challenging advance notice bylaws adopted by The AES Corp. and Owens Corning, ruling that the claims were premature because no actual dispute over the bylaws had yet materialized.

  • April 29, 2026

    WordPress Judge Calls Deleted Message Claims 'Concerning'

    A federal magistrate judge overseeing discovery in an antitrust lawsuit against WordPress parent Automattic Inc. and its CEO Matthew Mullenweg said plaintiff WPEngine Inc. "plausibly contends" Mullenweg "deleted relevant documents or allowed such documents to be deleted after an obligation to preserve was triggered."

  • April 29, 2026

    Hanes Must Face Email Suit After State Law Declared Legal

    Hanes can't get out of a lawsuit accusing it of sending marketing emails that make untrue claims by arguing that a Washington state law banning commercial emails with false or misleading subject lines is unconstitutional, a Washington federal judge has found.

  • April 29, 2026

    Shein Escapes Claims In Brandy Melville IP Suit

    A California federal judge has tossed trademark infringement and unfair competition claims from Brandy Melville's lawsuit accusing the online ultra-fast fashion giant Shein of selling Brandy Melville copycat clothing and even using the brand's photos, ruling the Copyright Act preempts the two claims.

  • April 29, 2026

    Pepsi And Frito-Lay Want Chip-Pricing Claims Tossed

    Pepsi and Frito-Lay have asked a California federal court to toss the latest version of a case accusing them of charging small convenience stores more for chips than Walmart, Target and other chain stores, saying the retailers still fail to offer a direct comparison of specific prices.

  • April 29, 2026

    New Emails Can't Revive Adidas TM Suit, 2nd Circ. Affirms

    Attorneys for the luxury fashion brand Thom Browne Inc. did not commit misconduct when they failed to turn over four emails to Adidas during a trademark dispute, and because the documents "probably" would not have changed the verdict, the case will not be restored, the Second Circuit ruled Wednesday.

  • April 29, 2026

    Ulta Loses Bid To Toss Wash. Consumers' Spam Email Claims

    A Spokane federal judge refused to toss a proposed class action alleging cosmetics giant Ulta sent Washington residents deceptive emails advertising "free gifts" and discounts without disclosing purchase qualifications, saying the complaint plausibly alleges the emails violate state consumer protection laws.

  • April 29, 2026

    Music Cos. Must Share Social Media Deals With DSW

    Several music companies within Warner Music Group that are suing DSW over alleged improper use of their music in social media videos must turn over licensing agreements they have with social media companies, an Ohio federal judge has ordered.

  • April 29, 2026

    3 Federal Circuit Clashes To Watch In May

    The Federal Circuit's May argument slate includes appeals of invalidity decisions and sanctions tied to VLSI Technology's multibillion-dollar chip patent dispute with Intel, as well as Amazon's challenge to a cloud storage patent verdict against it for over half a billion dollars.

  • April 29, 2026

    Lender Seeks Receivership Over $8M Pot Shop Default

    A lender says a pot dispensary across from Fenway Park owes it $8 million and should be placed into receivership, the latest in a series of lawsuits against one of Massachusetts' first social equity cannabis license recipients.

  • April 29, 2026

    Mass. Judge Clears Way For Trader Joe's 401(k) Plan Trial

    A Massachusetts federal judge has denied summary judgment to Trader Joe's ahead of a Monday trial on claims that it mismanaged its employee retirement plan. 

  • April 29, 2026

    9th Circ. Reverses Stay In App Store Commissions Case

    The Ninth Circuit has reversed its own order that stayed a ruling on an injunction barring Apple from charging developers high commissions on in-app purchases until a district court judge sets up narrower guardrails, saying Epic Games had persuaded it that Apple was unlikely to get the U.S. Supreme Court to hear its appeal.

  • April 29, 2026

    Vacasa Investors Sue Over Spurned $131M Merger Bid

    Vacation rental company Vacasa is facing a proposed class action in Oregon from stockholders after accepting an acquisition bid from Casago that was $12 million lower on its face than a rival offer from Davidson Kempner Capital Management.

  • April 29, 2026

    Coupang, Ex-In-House Lawyer To Drop Iran Whistleblower Suit

    South Korean e-commerce giant Coupang and a former in-house compliance attorney have agreed to dismiss the lawyer's suit claiming he was wrongly fired for bringing attention to the company's alleged illegal business dealings with Iran, according to a joint filing Wednesday in Seattle federal court.

  • April 29, 2026

    Manager Class Cert. Denied In Convenience Store Wage Suit

    Managers accusing gas and convenience store chain Han-Dee Hugo's of wage violations cannot proceed as a class, a North Carolina federal judge ruled, finding their claims would require individualized inquiries.

  • April 29, 2026

    Dollar General Can't Kick Tobacco Fee Suit To Arbitration

    Dollar General can't kibosh a proposed class action claiming it unlawfully charged employees who use tobacco nearly $500 more per year for health benefits, with a Tennessee federal judge ruling the company hadn't properly addressed how an exclusion in its arbitration agreement applied to the case.

  • April 29, 2026

    Kansas County Atty Wants Out Of Suit Over Hemp Raids

    A county attorney in Kansas wants to be allowed out of a lawsuit filed by two vape shops that say police illegally raided their stores and seized legal hemp products, telling a federal court that the entrepreneurs haven't pointed to anything he did to harm them.

  • April 29, 2026

    Atkore To Pay $136.5M To Settle PVC Pipe Antitrust Claims

    Atkore Inc. has struck two deals to end claims against it in sprawling litigation accusing polyvinyl chloride pipe producers of conspiring to fix prices, agreeing to pay $72.5 million to a class of direct purchasers and another $64 million to another class of buyers.

  • April 29, 2026

    Atty Denies Defaming Sig Sauer In Gun Safety Trial Comments

    A Connecticut attorney's claims that a Sig Sauer pistol is dangerous and defective aren't defamatory because they are opinions grounded in expert analysis presented during personal injury litigation, he argued Wednesday in a motion to dismiss the gunmaker's counterclaims in federal court against him.

Expert Analysis

  • 5 Coverage Considerations For Couture And Cosmetics Cos.

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    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.

  • 2025 Calif. Banking Oversight Centered On Consumer Issues

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    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.

  • The Major Securities Litigation Rulings And Trends Of 2025

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    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.

  • Labubu Highlights Evolving IP Strategies In Modern Markets

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    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.

  • How Fractional GCs Can Manage Risks Of Engagement

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    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.

  • 5 Lender Strategies When A Commercial Borrower Defaults

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    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.

  • Changes In Crypto, Cybersecurity Defined NY Banking In 2025

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    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.

  • Reviewing 2025's Most Pertinent Wiretap Developments

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    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.

  • Series

    Nature Photography Makes Me A Better Lawyer

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    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.

  • How Cos. Can Roll With NY's New Algorithmic Pricing Rules

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    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.

  • Series

    Law School's Missed Lessons: Practical Problem Solving

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    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.

  • Opinion

    A Uniform Federal Rule Would Curb Gen AI Missteps In Court

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    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.

  • Netflix Caps 2025 M&A Deals That Will Test Antitrust Strategy

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    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.

  • AG Watch: Texas Junk Fee Deal Shows Enforcement Priorities

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    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.

  • A Look At The Wave Of 2025 Email Marketing Suits In Wash.

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    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.

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