Retail & E-Commerce

  • September 02, 2026

    9th Circ. Denies Funko's Bid To Revisit Investor Dispute

    The Ninth Circuit said Wednesday it would not reconsider its decision to revive a proposed class action accusing Funko Inc. of failing to warn investors about tens of millions of dollars' worth of excess toys the company eventually wrote off.

  • September 02, 2026

    Firms Vie For Lead Counsel Role In Vestis Derivative Suit

    Plaintiffs in a shareholder derivative action against the top brass of Vestis Corp. are in a tussle to get different law firms appointed as lead counsel, with the original plaintiff backing The Brown Law Firm PC and the additional plaintiffs pushing The Rosen Law Firm PA and Johnson Fistel PLLP.

  • September 02, 2026

    Meijer Escapes Suit Over Health Plan Fee For Tobacco Users

    A Michigan federal judge tossed a worker's proposed class action alleging supercenter chain Meijer improperly charged workers a $20 per week tobacco surcharge through its health plan, ruling that concerns about improper notifications and allocations of the fee ultimately lacked teeth.

  • September 02, 2026

    5th Circ. Presses ATF On Out-Of-State Handgun Sales

    A Fifth Circuit panel pressed the Bureau of Alcohol, Tobacco, Firearms and Explosives to explain the scope of a law barring citizens from purchasing handguns outside their state of residence, asking Wednesday what problems the government would face from the law's revocation.

  • September 02, 2026

    2nd Circ. Faults NLRB's Dress Code Test In Starbucks Appeal

    The Second Circuit faulted the test the National Labor Relations Board applies to neutral dress codes that restrict workers' displays of union insignia, tossing Wednesday a ruling that Starbucks illegally barred workers at a Manhattan shop from wearing pro-union shirts. 

  • September 02, 2026

    Colo. Exits Pharma Group's Challenge Of Drug Discount Law

    A Colorado federal court has thrown out a pharmaceutical industry trade group's challenge of a state law requiring drug manufacturers to sell discounted drugs through contracted pharmacies, finding the group failed to show the law conflicts with federal law or controls business activity beyond Colorado's borders.

  • September 02, 2026

    NJ AG Seeks Expedited Discovery In Amazon Antitrust Suit

    New Jersey's attorney general has asked a federal court for leave to file a motion for expedited discovery in a federal antitrust suit claiming that Amazon has unlawfully maintained its dominant buying power in the delivery driver services market, claiming there is an "immediate need" for discovery in the case.

  • September 02, 2026

    Insurers Needn't Cover Retailer In 'Ghost Gun' Sale Suit

    Two insurers have no duty to defend or indemnify a Missouri-based firearm retailer accused of contributing to gun violence by selling "ghost gun" kits, a New York federal court ruled, saying the underlying claims did not allege harm caused by an accident.

  • September 02, 2026

    DOJ Ad Tech Judge Won't Break Up Google's Biz

    A Virginia federal judge on Wednesday refused to break up Google's advertising placement technology business, opting instead to grant the U.S. Department of Justice a litany of behavioral fixes aimed at limiting the search giant's ability to boost itself and the ads running through its own servers over ads from rival ad tech providers.

  • September 01, 2026

    HP Beats Printer Customers' Ink Cartridge Antitrust Fight

    HP Inc. customers seeking to hold the printer-maker liable for preventing them from using third-party ink cartridges in their machines have still not pled consumer fraud or antitrust claims viable enough to proceed, an Illinois federal judge said Tuesday.

  • September 01, 2026

    Meta Beats UK Co. Suit Over Instagram Shopping For Now

    A California federal judge has ruled in favor of Meta in an antitrust suit from a British company alleging Meta stole its plan for Instagram shopping, saying the injuries that were alleged happened years before the complaint was filed.

  • September 01, 2026

    Unified, Industry Orgs. Again Push Justices On PTAB Policies

    Unified Patents, Clearing House Payments subsidiary Askeladden and a series of industry groups have continued pressing the U.S. Supreme Court to accept petitions addressing the U.S. Patent and Trademark Office's patent review authority, this time in a case brought by Tesla.

  • September 01, 2026

    Sig Sauer Says Gun's Alleged Defects Are Features, Not Flaws

    Gunmaker Sig Sauer asked a Florida federal court on Monday to toss a proposed class action by owners of its popular P320 pistols, arguing the guns performed as intended and the allegedly lacking safety feature is an option that the plaintiffs chose not to purchase.

  • September 01, 2026

    Utz Sued Over Alleged Avocado Oil Chip Labeling Deception

    A putative class action filed Monday in Illinois federal court accuses Utz Brands of falsely marketing Boulder Canyon chips as cooked solely in avocado oil when scientific testing allegedly found the products contained other, cheaper vegetable oils.

  • September 01, 2026

    Monthly Merger Review Snapshot

    Paramount Skydance and Warner Bros. Discovery pressured state attorneys general challenging their merger to settle, the Federal Trade Commission successfully challenged a construction adhesives tie-up, state officials waded in against the NextEra-Dominion transaction, and Union Pacific Corp. and Norfolk Southern Corp. defended their combination under review by federal regulators.

  • September 01, 2026

    Congress Approves Bill Delaying Hemp Ban One Month

    The U.S. House of Representatives gave final approval Tuesday to a stopgap spending bill which includes language to delay implementation of a federal ban on products containing hemp-derived THC by one month.

  • September 01, 2026

    7 Brew's $143M Bid Tops Dutch Bros. In Salad Chain Ch. 11

    Coffee chain 7 Brew emerged as the top bidder for 73 of drive-thru chain Salad and Go's leases with a $143 million offer, besting competitor Dutch Bros.' stalking horse bid of $105 million for 65 leases, counsel for the debtor said at a hearing Tuesday in Texas.

  • September 01, 2026

    LVMH Says It Didn't Employ Ex-Stella McCartney Exec

    LVMH urged a New York federal judge to toss eight discrimination, equal pay, retaliation and wage claims brought by a former Stella McCartney executive, arguing its minority investment and ties to the fashion brand do not plausibly make it his employer.

  • September 01, 2026

    Image Search Technology Raises New Copyright Questions

    Technology that can uncover decade-old online images is testing the practical limits of copyright’s discovery rule, as courts weigh reasonable diligence against the reality that sophisticated search tools still miss infringement and defendants may no longer possess records proving authorization.

  • September 01, 2026

    Pot Co. CEO Says US Can't Recoup PPP Loan On Fraud Claim

    The former CEO of a group of California cannabis companies is urging a Southern District of California court to throw out the U.S. government's intervenor complaint seeking to recoup $2.5 million in PPP loans, saying that she doesn't live in the district and that the alleged fraud was not a factor in her companies getting the loans.

  • August 31, 2026

    Calif. Passes Bills To Limit Tracking Suits, Boost Privacy

    California lawmakers have sent to the governor's desk legislation that would block private litigants from bringing website tracking lawsuits under a key provision of the state's wiretap law, as well as a separate pair of bills to expand protections under the state's data privacy law. 

  • August 31, 2026

    Perrigo Settles Antitrust Suits Over Baby Formula Market

    Perrigo settled a couple of lawsuits filed in New York federal court that accused the company of cutting an anti-competitive agreement with Gerber to maintain a monopoly in the store-brand infant formula market, according to a letter filed Monday in a Brooklyn court.

  • August 31, 2026

    Valve's 15K Antitrust Arbitrations Will Stay On Ice, Judge Says

    Arbitrations between gaming giant Valve Corp. and nearly 15,000 gamers will remain paused as the Ninth Circuit weighs whether the antitrust disputes are eligible for arbitration under the company's updated subscriber terms, according to a bench ruling Monday from a Seattle federal judge.

  • August 31, 2026

    9th Circ. Won't Rehear Eye Drop Antitrust Suit Despite Dissent

    A forceful dissent from a pair of Ninth Circuit judges wasn't enough to keep the full appellate court from letting stand a panel decision preserving wholesalers' district court win accusing the maker of Clear Eyes drops of illegal price discrimination favoring Costco.

  • August 31, 2026

    How Did Litigants Fare In Judge Albright's 55 Patent Trials?

    U.S. District Judge Alan Albright oversaw more than 50 patent trials between his 2018 arrival on the bench and planned Monday departure, and in a surprise for many attorneys, there was a near-even split between victories for patent owners and accused infringers.

Expert Analysis

  • Strategies For Retailers, Landlords In M&A Portfolio Reduction

    Author Photo

    With more retailers likely to merge or be acquired in 2026, both landlords and companies looking to renegotiate their real estate footprints can strike successful deals through advance planning, understanding rights allocations and maintaining realistic leverage assessment, say attorneys at Jenner & Block.

  • Opinion

    Fed. Circ. Must Bury Design Patent Doctrinal Zombies

    Author Photo

    After recently finding noninfringement in Range of Motion Products v. Armaid, the Federal Circuit must rehear the case to confront two troublesome doctrines of design patent law claim construction — feature filtration and claim verbalization — that have lingered for decades and intensified in recent years, say attorneys at McAndrews Held.

  • Ill. Swipe Fee Ruling Sets Stage For A High-Stakes Appeal

    Author Photo

    In Illinois Bankers Association v. Raoul, an Illinois federal court upheld the state's ban on credit and debit card swipe fees on tax and tip payments, while permanently enjoining the statute's data usage limitation, but an imminent appeal could significantly influence the trajectory of state-level payments regulation, say attorneys at Latham.

  • Drug Wholesaler's DPA Shows Imperfect Efforts Still Count

    Author Photo

    Atlantic Biologicals’ recent deferred prosecution agreement with federal prosecutors for allegedly distributing controlled substances to pill mill pharmacies demonstrates that even subpar cooperation, when combined with genuine remediation and strategic advocacy, can yield outcomes that protect a company's long-term interests, says Jonathan Porter at Husch Blackwell.

  • How The New Tariff Landscape May Unfold

    Author Photo

    To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.

  • The Cautionary Tale Of A Supply Chain Inquiry 'Made In Italy'

    Author Photo

    Legal probes into the Italian luxury fashion supply chain reflect the need for effective buy-side diligence with a variety of tools and through a variety of lenses to avoid an issue after an M&A transaction, says Jesse Silvertown at Hesparus.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

    Author Photo

    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Compliance Takeaways Amid Subscription Practices Scrutiny

    Author Photo

    The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

    Author Photo

    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • Pros And Cons Of FDA's Push For Nonprescription Drugs

    Author Photo

    The U.S. Food and Drug Administration's recent moves to shift more prescription drugs to over-the-counter status could increase access to important medications, but also bring potential safety risks and other trade-offs for drug companies, say attorneys at Hogan Lovells.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

    Author Photo

    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

  • WTO Most‑Favored‑Nation Reform May Hold Promise

    Author Photo

    When the World Trade Organization meets this month, it is expected to debate changing the most-favored-nation rule, a carefully calibrated loosening of which may be justified if it enables deeper liberalization and regulatory cooperation, says Alan Yanovich at Akin.

  • 5 Different AI Systems Raise Distinct Privilege Issues

    Author Photo

    A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

  • Labubu Shows Value Of Patents When Viral Brands Plateau

    Author Photo

    The rapid ascent of Labubu dolls demonstrated how character-driven products can scale globally without relying heavily on U.S. patents, but risk profiles change as growth stabilizes, and copyright and trade dress protections may not provide enough protection in the long term, says Tina Dorr at Barnes & Thornburg.

  • Opinion

    AI-Assisted Arbitration Needs Safeguards To Ensure Fairness

    Author Photo

    As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, ​​​​​​​clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.

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.