Retail & E-Commerce

  • October 16, 2026

    Target Says It Warned Investors About Pride Merch Backlash

    Target Corp. told a Minnesota federal court it should be released from a class action alleging it "betrayed" investors with Pride-themed merchandise that they claim was "exceptionally offensive," saying the company sufficiently warned investors about the potential backlash to the campaign.

  • October 16, 2026

    Fed. Circ. Stands By Double Denials, SpaceTime3D PTAB Loss

    The Federal Circuit declined Friday to rehear two cases decided in August, one where an e-commerce patent owner was looking for the security to assert its patent in future litigation, and the other where SpaceTime3D was trying to revive patents cut down by Apple and Google.

  • October 16, 2026

    Temu Inks $3M Settlement To End Data To China Claims

    Online bargain retailer Temu on Friday agreed to pay $3 million to settle claims brought by the Texas Office of the Attorney General accusing the company of secretly stealing customer data and exposing it to the Chinese Communist Party.

  • October 16, 2026

    Contradictory Contract Dooms Pot Co.'s Injunction Bid

    A California state judge has rejected a cannabis genetics company's bid for an injunction against a former business partner in a contract dispute, saying the contract's self-contradictory provisions make it unclear that the company is entitled to retrieve its cannabis strains.

  • October 16, 2026

    Sprints Logo Doesn't Infringe Puma TM, Athleticwear Co. Says

    Puma was sued Friday by an activewear apparel company that wants an Ohio federal court to find that the parties' respective feline design marks and "Sprints" name won't cause confusion among consumers, arguing the marks differ significantly in overall commercial impression and appearance. 

  • October 16, 2026

    Google Users' $85M Fee Ask Stalls Over 'Utterly Lacking' Bill

    A California federal judge on Thursday rejected an $85 million attorney fee request following a $700 million settlement in a consumer-led case against Google, ruling that counsel's submitted billing records are "utterly lacking in information demonstrating what work was done and for what purpose," while granting leave to amend the request.

  • October 16, 2026

    Gap Workers In Wash. Sue Over Unpaid OT, Missed Breaks

    Gap and Athleta were hit with a proposed class action in Washington state court alleging that the retail giants failed to pay hourly employees with overtime wages and also failed to ensure that they took the meal and rest breaks they were entitled to.

  • October 16, 2026

    Stop & Shop 'Cheap Trick' Hides App Order Fees, Suit Says

    A Massachusetts resident said grocery chain Stop & Shop adds "sneaky fees" to online pickup orders at checkout, claiming in a new complaint that the tactic violates the state's price transparency regulations.

  • October 15, 2026

    Google Beats T-Shirt Co.'s Suit, Amazon Still Facing IP Claims

    An Ohio federal judge overseeing a T-shirt seller's separate intellectual property lawsuits accusing Google and Amazon of copyright infringement issued diverging rulings Wednesday, saying Weekend Warrior Clothing can pursue claims against Amazon over its "Merch on Demand" service, while tossing claims that Google advertised infringing shirts.

  • October 15, 2026

    Estée Lauder's $210M Investor Settlement Wins Final OK

    The Estée Lauder Cos. Inc. and its investors have received final approval of their $210 million deal, which includes $63 million in attorney fees, resolving proposed class claims that the cosmetics company and its top brass announced unrealistic expectations for growth amid the ongoing effect of the COVID-19 pandemic on the business.

  • October 15, 2026

    California Judge Grants Discovery In Cannabis Debt Dispute

    An investor and a cannabis license holder will have to rework their lawsuit accusing a couple of scheming to steal majority ownership in a Los Angeles dispensary by creating $3.4 million in "phantom debt," a California state court judge ruled.

  • October 15, 2026

    Google Will Seek To Pause Ad Tech Case For DOJ Appeal

    Google will ask a New York federal court to pause a scheduled April trial in the private antitrust litigation over its advertising placement technology while it appeals a loss in a similar case from the U.S. Department of Justice in Virginia.

  • October 15, 2026

    Music Companies Fight To Continue Influencer Ad Claims

    A group of Warner Music-affiliated record labels and publishers have urged an Ohio federal judge to keep alive copyright claims accusing DSW Shoe Warehouse Inc. of profiting from unlicensed music in influencer marketing campaigns.

  • October 15, 2026

    Mo. Hemp Interests Seek To Block Restrictions

    Missouri officials have asked a federal court to halt discovery in a lawsuit by hemp companies challenging new regulations on intoxicating cannabinoid products, arguing the case turns on pure legal questions that can be resolved within the state's motion to dismiss.

  • October 15, 2026

    Dog Hotel Accused Of Denying Pay For Off-Clock Work

    A dog hotel chain failed to pay workers for time spent waiting to clock in, assisting customers and working through meal breaks, according to a proposed class action in California state court.

  • October 15, 2026

    Pa. E-Cigarette Law Survives Vape Companies' Challenge

    A Pennsylvania federal judge has upheld a state law limiting electronic cigarette sales to products that have received or are pending approval from the U.S. Food and Drug Administration, finding the state law fell into an exception to the federal tobacco law's preemptions.

  • October 15, 2026

    Josh Cellars Cos. Say Court, Not Jury, Must Decide Defenses

    Entities that help manage and market Josh Cellars wines say a Connecticut state judge, not a jury, must decide fairness defenses in former company president Thomas Steffanci's bid for millions in royalties, urging the judge to decline Steffanci's request to revisit a September order as a November trial date looms.

  • October 15, 2026

    General Atlantic Targets IPO At $10B Valuation, More Rumors

    Private equity firm General Atlantic is considering a 2027 initial public offering that could value it at up to $10 billion; Amazon is in talks to acquire artificial intelligence company Decart in a transaction that could be worth around $7 billion; and Australian real estate investment trust AirTrunk has delayed its planned Singaporean initial public offering.

  • October 15, 2026

    Earth Sues Ex-CEO Over Walmart Business, Arbitration

    Earth Enterprises Inc. and two affiliated investment entities have sued former company chief Philippe Meynard in the Delaware Chancery Court, seeking to block him from expanding a Massachusetts arbitration while also accusing him of hiding the loss of Walmart business before a 2021 sale and later putting his own interests ahead of Earth Enterprises. 

  • October 15, 2026

    Gov't Urges Justices To Reject Google, Intel Fight Over Fintiv

    The U.S. Patent and Trademark Office has urged the U.S. Supreme Court to reject Intel Corp. and Google LLC's challenge to a precedent allowing Patent Trial and Appeal Board petitions to be denied based on related litigation.

  • October 15, 2026

    Tesla Says Gov't Brief Shows USPTO Wants 'Absolute Power'

    Electric carmaker Tesla told the U.S. Supreme Court that it should take a case over the U.S. Patent and Trademark Office leadership's discretionary standards for granting or denying patent review, saying a recent government brief illustrates how the office wants "absolute power" when it comes to restricting such reviews.

  • October 15, 2026

    Calif. Pot Shop Escapes Suit Over Alleged Gummy Reaction

    A California appeals court threw out a man's fraud and unfair competition claims against a cannabis dispensary that sold him a gummy he said induced a panic attack, saying his complaint fails to indicate the dispensary or its employee knowingly misled him.

  • October 14, 2026

    Justices Appear Wary Of Broad Reach For Video Privacy Law

    Several U.S. Supreme Court justices seemed hesitant Wednesday to take a more expansive view of the online activities protected by the Video Privacy Protection Act, raising concerns that such an approach would buck the statute's original intent and invite a flood of litigation against a wide range of companies.

  • October 14, 2026

    Amazon Flags Possible Abuse In Chicago 'Schedule A' Suits

    Amazon is moving to pause court-ordered fund transfers in more than a dozen trademark cases brought against large numbers of online sellers in Chicago federal court, saying that while it's not a party to the litigation, it's investigating whether some of the lawsuits were used to obtain money the retailer previously froze for reasons unrelated to the disputes.

  • October 14, 2026

    Wash. Pastor Pleads Not Guilty To Alleged $13M Investor Con

    The pastor of a Washington church pled not guilty Tuesday to federal wire fraud and money laundering charges after he allegedly told congregation members they had been chosen by God to back his e-commerce venture and convinced victims to invest $13 million in a sham company.

Expert Analysis

  • Target's ERISA Win Doesn't Ax Tobacco Surcharge Questions

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    Though a Minnesota federal court's recent dismissal of a putative class action challenging Target's tobacco surcharge wellness program offers employers a defense road map, courts' differing conclusions about the Employee Retirement Income Security Act versus U.S. Department of Labor requirements leave the legal landscape unsettled, say attorneys at McGuireWoods.

  • How 'Most Favored Nation' Regime Affects Biopharma Deals

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    As M&A activity surges in the biopharma space, companies will need to account for the Trump administration's most-favored-nation pricing proposals — durable in concept, if unsettled in detail — when drafting deals, say attorneys at Gibson Dunn.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • NY Bill Would Boost Litigation Risk For Cosmetics Cos.

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    The Beauty Justice Act, now pending in the New York Legislature, would not only present compliance challenges for companies making cosmetics and personal care products, but could also be used by private plaintiffs to bring consumer fraud, false advertising, toxic exposure and product liability claims, says Kadeejah Kelly-Previl at Faegre Drinker.

  • Appellate Vape Rulings May Expand State Regulation Powers

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    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

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    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

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    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

  • Costco Chicken Case Highlights Food Labeling Lessons

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    Recent litigation over allegedly deceptive food labels, including the ongoing proposed class action in a California federal court over Costco's rotisserie chicken, shows that plaintiffs rarely focus on single label statements in isolation — so product claims that comply with regulations could still incur litigation risk, says Brandy Alonzo-Mayland at Michelman & Robinson.

  • Addressing Merchant Cash Advances In Subchapter V

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    As regulatory enforcement continues and more small businesses turn to Subchapter V bankruptcy to manage merchant cash advance debt, counsel and trustees can take meaningful steps throughout the bankruptcy process to successfully counteract the potentially nefarious actions of MCAs, say Hannah Hutman at Hoover Penrod and Starria Cuffee at Stretto.

  • Monitor Exposure, Stay Flexible Amid Tariff Uncertainty

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    To navigate an unstable trade environment, businesses must evaluate their exposure to new tariffs invoked under a patchwork of statutory authorities and be prepared to adapt to further changes that may be on the horizon, says Bhargav Prajapati at Capital Trade.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

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    The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • What Calif.'s New Focus On Microplastics Means For Cos.

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    The recent move by California's Department of Toxic Substances Control to designate microplastics as candidate chemicals under its Safer Consumer Product regulations does not create a new product restriction — but it expands the agency's future reach by putting microplastics on the department’s regulatory runway, says Gregory Berlin at Alston & Bird.

  • Whiskey Business: Parsing The 9th Circ. Jack Daniel's IP Toss

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    The Ninth Circuit's recent ruling in VIP Products v. Jack Daniel's, holding a toy did not tarnish the whiskey maker's trademarks, gives fact-finders great latitude by showing that there may exist no categories of per se tarnishing content, says attorney Sara Gold.

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