Retail & E-Commerce

  • August 27, 2026

    Faegre Drinker And Investor Trade Blame Over Depo Delays

    Faegre Drinker Biddle & Reath LLP this week pressed its bid to strike expert witnesses proffered by a real estate investor claiming the firm gave bad advice about a deal to buy an A&P shopping center, saying it made nine unsuccessful bids over the last three months to schedule two witnesses.

  • August 26, 2026

    Mass. Officials Rebuff Challenge To Vape Ban

    There's no chance smoke shops and retailers will come out on top in a lawsuit seeking to undo a Massachusetts ban on certain tobacco products, the state said when urging a federal judge to reject calls to block enforcement, saying too many appeals courts have sided with similarly situated states.

  • August 26, 2026

    Lowe's Must Face Calif. Privacy Suit Over Web Trackers

    Lowe's must face a twice-amended proposed class action alleging the home improvement retailer secretly collected and shared information about its website users with TikTok and Microsoft, contrary to its own privacy policy, a California federal judge said Wednesday, rejecting Lowe's argument that the data collection wasn't highly offensive.

  • August 26, 2026

    Libertarian Org. Tells 9th Circ. Not To Let Canadian Sue Google

    The Washington Legal Foundation sought Wednesday to back Google against a British Columbia man's efforts to revive "a thematic copycat" of Epic Games' antitrust lawsuit, telling the Ninth Circuit that a California federal judge rightly deemed Google's Play Store policies too disconnected from prices paid by Canadian Android users.

  • August 26, 2026

    Squires Institutes 6 Patent Reviews, Rejects 5 Others

    U.S. Patent and Trademark Office Director John Squires has instituted six patent reviews and denied five other requests in his latest round of decisions.

  • August 26, 2026

    O'Reilly Worker Says Auto Retailer Shorted Breaks, Sick Pay

    A retail worker for an O'Reilly Auto Parts subsidiary has accused the company of failing to pay Washington state employees for missed meal breaks and post-shift work, part of an alleged systematic practice of undercompensation in which workers are also restricted from discussing their wages with others.

  • August 26, 2026

    Ill. Judge OKs Direct Buyers' Last Turkey Deals, Striking Trial

    An Illinois federal judge struck an October turkey price-fixing trial on Wednesday as he gave his early blessing to the last two settlements resolving direct purchasers' claims in the consolidated litigation.

  • August 26, 2026

    Ex-Josh Cellars Exec Balks At Bid For Lit Funding Probe  

    Companies behind the Josh Cellars wine brand should be banned from probing a former executive's litigation funding deal during a November trademark royalties trial, the executive told a Connecticut state court Tuesday, arguing his cash sources are irrelevant to his attempt to seek more than $4 million through contract and fiduciary duty claims.

  • August 26, 2026

    Fed. Circ. Backs Expanded Duties On Chinese Canvas Imports

    Imports of a type of rolled canvas from China are subject to a duty order on certain artist canvases, a Federal Circuit panel affirmed Wednesday, rejecting an importer's claim that the coating on its products didn't promote the "adherence" of ink in the same way.

  • August 26, 2026

    Samsung, Apple Warn Against Google Payment Ban

    Samsung and Apple told the D.C. Circuit that they are backing the district court's decision to reject a proposed ban on Google's payments to device distributors, with Samsung saying the ban would deprive it of the revenue it needs to help fund research and development in its mobile business unit and Apple saying it would only benefit Google at the expense of customers and third parties. 

  • August 26, 2026

    DOJ Flags Breach Of Internal Policies In Apple Suit

    The U.S. Department of Justice told a New Jersey federal judge Tuesday that its staffers breached internal policies when they shared personally identifiable information with an outside discovery vendor that was hired not by the department, but instead by the DOJ's state attorneys general partners, in the monopolization case against Apple.

  • August 26, 2026

    Publix Fights IRS Over Denied $2.6M Research Tax Credit

    Publix is challenging the IRS' denial of a $2.6 million tax credit for research and development, claiming that the $38.3 million it spent developing software and private-label products should qualify, according to a complaint filed in Florida federal court.

  • August 26, 2026

    Pot Distributor Again Files Counterclaims In Contract Dispute

    A cannabis distributor has filed renewed counterclaims against its former consulting partner and a rival distributor, alleging that the rival deliberately interfered with an exclusivity agreement with the consulting partner.

  • August 25, 2026

    Albertsons Witness Says Co.'s Opioid Policies Beat Standards

    Albertsons' pharmacy policies for reviewing potentially suspicious opioid prescriptions "met or exceeded" the standard of care, an expert witness for the company testified Tuesday, on the 26th day of a bench trial in Washington's case accusing the pharmacy chain of fueling the state's opioid epidemic.

  • August 25, 2026

    Applebee's Franchisee Faces Slew Of Data Breach Suits

    The largest franchisee of Applebee's is facing at least eight proposed class actions over an April data breach that exposed the personal information, including health information, of tens of thousands of employees around the country, according to complaints filed in California and Ohio federal court.

  • August 25, 2026

    Dog Food Suit Undercut By Own FDA Citations, Costco Says

    Costco has told a Washington federal court that the very sources cited in a recent proposed class action undercut claims that grain-free dog food contributes to canine heart disease and that the U.S. Food and Drug Administration hasn't found such a connection or issued a recall.

  • August 25, 2026

    Pot Shop Seeks Quick Win Against Jushi On Antitrust Claims

    A Massachusetts dispensary is urging a federal court to rule that cannabis giant Jushi Holdings and others violated antitrust law by using a $10 million merger provision designed to block the dispensary from opening a nearby store, causing it to ultimately crumble.

  • August 25, 2026

    Marijuana Rescheduling Critics Assail Government's Standard

    An attorney with the U.S. Drug Enforcement Administration told an administrative law judge that opponents to cannabis rescheduling could not use agency hearings to challenge federal health regulators' adoption of a new standard for assessing marijuana's medical use.

  • August 25, 2026

    No Partial Appeal Before Trial For Ex-Under Armour Supplier

    A Pennsylvania federal judge won't pause a November trial for tortious interference claims against Under Armour so a former supplier can appeal the dismissal of its antitrust claims, the court said Tuesday.

  • August 25, 2026

    Target Says Wash. Law Blocks Baby Formula Botulism Claims

    Target Corp. is asking a Washington federal court to throw out claims against it by parents who say their infant child developed infant botulism after eating baby formula purchased at the store, saying the Washington Product Liability Act protects retail sellers from such claims.

  • August 25, 2026

    Kellogg Sued Over Special K's 'Zero Added Sugar' Claim

    WK Kellogg was hit with a proposed class action in California federal court Monday alleging it capitalizes on the demand for healthier foods by falsely advertising its Special K cereals as containing zero added sugar despite the presence of allulose syrup, which is sugar under federal and state labeling standards.

  • August 25, 2026

    Turkey Buyers' Cost-Saving Deals Get OK In Price-Fix Fight

    An Illinois federal judge gave his initial blessing Tuesday to an appeal-waiving and cost-saving settlement Perdue Farms and Foster Farms struck with indirect turkey buyers after beating their price-fixing conspiracy claims earlier this year.

  • August 25, 2026

    Calif. Judge OKs $2.25M Settlement In Crab Price-Fixing Suit

    A California judge has preliminarily approved a $2.25 million fund to settle a proposed class action accusing an Oregon seafood company of a conspiracy to cap prices paid to fishermen for Dungeness crab in the Pacific Northwest.

  • August 25, 2026

    Fitness Co. Not Covered In Email Ad Class Suit, Insurer Says

    An insurer said it owes no coverage to a fitness equipment company accused of violating Washington state law by sending misleading email advertisements, telling a Tennessee federal court that the underlying action does not allege covered bodily injury, property damage or personal and advertising injury.

  • August 25, 2026

    7-Eleven Reaches Deal To End Worker's Tobacco Fee Suit

    7-Eleven struck a deal to settle a proposed class action claiming it didn't give workers who used tobacco but agreed to quit an adequate chance to avoid paying a $720 annual health plan fee, according to a filing in Texas federal court.

Expert Analysis

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Opinion

    Current Consumer Protection Laws Can Fit Agentic Commerce

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    While agentic commerce — artificial intelligence that searches, compares and makes purchases for customers — doesn't warrant a new consumer protection regime, it will require companies to design compliance into their products from the outset and challenge regulators to consistently apply existing laws, says Katherine Adkins at Affirm.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

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    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • Texas AG's Payola Theory May Reach Beyond Music Platforms

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    Texas Attorney General Ken Paxton recently issued investigative demands to five major music streaming platforms, appearing to invoke the payola concept as a consumer protection theory against the streaming business, a novel application that could extend to other companies monetizing on ranking, visibility or recommendation placement, say attorneys at Benesch.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Reducing Youth Product Risks When No Standards Apply

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    As juvenile product manufacturers and retailers face heightened U.S. Consumer Product Safety Commission enforcement actions and attendant litigation risks, companies must not only comply with applicable standards, but also confront the problem of how to protect themselves when there are no standards to comply with, say attorneys at Chamberlain Hrdlicka.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

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