Retail & E-Commerce

  • October 20, 2026

    Albertsons Says It Offered $800M To Save Kroger Deal

    Albertsons Cos. Inc.'s general counsel testified Tuesday that The Kroger Co. passed on proposed store divestitures that could have helped save their $24.6 billion merger, while Kroger's lawyers pointed to information shared with Albertsons and challenged its complaints about the process.

  • October 20, 2026

    Starbucks Seeks Full 5th Circ. Review Of NLRB Union Ruling

    Starbucks has urged the full Fifth Circuit to rehear a recent panel decision finding that the coffee chain engaged in multiple federal labor law violations to suppress a union campaign in Upstate New York claiming the decision conflicts with U.S. Supreme Court and circuit court precedent.

  • October 20, 2026

    Investor Says Pot Co. Took $1.15M, Left Him Defunct Business

    A Los Angeles man is suing a management company and its owner, alleging they duped him into investing $1.15 million into a cannabis venture, but he never saw repayment, and the owner eventually left him as the sole owner of the defunct business without consulting him.

  • October 19, 2026

    Ex-Josh Cellars Prez Can Keep Litigation Funding Out Of Trial

    A Connecticut judge on Monday refused to allow companies behind the Josh Cellars wine brand to introduce an ex-president's alleged litigation funding deals during an upcoming trademark royalties trial, finding that the agreements aren't relevant to his $4 million contract and fiduciary duty claims against his former employers.

  • October 19, 2026

    Amazon Noncompetes Run Afoul Of California Law, Suit Says

    Two former Amazon employees have accused the company of wrongfully forcing its California workers to sign agreements containing a noninterference provision, contending the provision amounts to a noncompetition clause that's forbidden by state law.

  • October 19, 2026

    Tyson Must Face Turkey Buyers' Claims In Price-Fixing Suit

    An Illinois federal judge on Monday issued a sweeping summary judgment order in antitrust litigation over price-fixing allegations against turkey producers and a data collection company, ruling that direct-action plaintiffs can take some claims against Tyson and another company to trial while granting summary judgment to other defendants.

  • October 19, 2026

    FCRA, TCPA Drive Consumer Protection Suits To 10-Year High

    Consumer protection litigation in federal courts hit a 10-year high in 2025, fueled by a rise in credit reporting and telemarketing disputes, and these gains show no signs of abating as the emergence of artificial intelligence tools sparks more grievances, according to a new report by Lex Machina.

  • October 19, 2026

    95K Contact Lens Buyers Nab Cert. In Hubble Substitution Suit

    A California federal judge has certified a class of roughly 95,500 California contact lens purchasers who subscribed to Hubble Contacts, an online service accused of deceiving its customers by secretly substituting every customer order with its own Hubble-brand lenses.

  • October 19, 2026

    9th Circ. Open To Reviving P&G Shampoo 'Natural' Ad Fight

    A Ninth Circuit panel appeared open Monday to reviving a putative class action alleging The Procter & Gamble Co.'s Herbal Essences and Pantene shampoo labels dupe consumers by claiming 90% or 97% of ingredients are of "Natural Origin" or "Naturally-Derived," with two judges suggesting the case was prematurely tossed.

  • October 19, 2026

    Nike Seeks Quick Appeal In Misleading Email Promo Suit

    Nike has asked a Washington state judge for permission to immediately appeal her decision refusing to end a proposed class action alleging it spammed customers' inboxes with emails containing misleading discount subject lines, a move that Nike says could affect over 200 similar pending cases with no-injury claims. 

  • October 19, 2026

    Compass Retaliates With MLS Suit In Listing Access Fight

    Brokerage Compass shot back at the country's second-largest multiple listing service in California federal court with a lawsuit arguing that rules prohibiting home marketing methods off the online platform are costing the company millions in lost revenue and lost commissions for agents, along with hampering its own home listing platform. 

  • October 19, 2026

    Delta Accused Of Wage Abuse By Calif. Flight Attendants

    Delta Air Lines Inc. cheated nonexempt flight attendants out of overtime wages by failing to compensate them for time they spent undergoing security checks, yearly staff training, preparing aircraft for boarding, cleaning planes and other work-related duties, alleges a proposed class action lodged Friday in California state court.

  • October 19, 2026

    Apple Wants Fake Crypto Wallet Apps Suit Tossed

    Apple has urged a California federal judge to toss a suit alleging it failed to warn consumers about fraudulent cryptocurrency wallet apps available on its App Store and the risk of cryptocurrency theft posed by those apps, saying the suit is deficient since it seeks to hold the tech giant liable for the conduct of third-party criminal scammers.

  • October 19, 2026

    Pot Co. Ascend Says It Had Good Reasons To Fire Executive

    Major cannabis company Ascend Wellness has urged a New York federal judge to find that a wrongful termination case brought by a former executive should be thrown out because the company documented a record of inappropriate behavior and fulfilled its duties to communicate its reasons for firing him.

  • October 19, 2026

    Amazon Seeks To Nix 'Project Nessie' Claims From FTC Suit

    Amazon urged a Washington federal judge Friday to pare down the Federal Trade Commission's landmark antitrust lawsuit by axing claims related to its fulfillment business and an algorithm-based pricing tool known as Project Nessie, as the FTC sought to narrow one of the e-commerce giant's defenses.  

  • October 19, 2026

    Mich. Vape Shop Owner Faces Charges In Fatal Explosion

    A Michigan vape shop and warehouse owner's pre-trial conference in a manslaughter case stemming from a warehouse explosion was pushed back to December after his attorney indicated during Monday's hearing in Macomb County Circuit Court that he planned to file a motion to quash evidence in the case.

  • October 19, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week blocked Cloudflare Inc. from completing a restructuring meant to preserve its founders' voting control, while Tower Semiconductor Ltd. accused Intel Corp. of backing out of a semiconductor manufacturing agreement and social media company Triller Group Inc. challenged its removal from Nasdaq.

  • October 19, 2026

    SEC Says Ex-CEO's Hidden Stock Trades Are 'Undisputed'

    The U.S. Securities and Exchange Commission has asked a New York federal court for a partial early win in its suit against the former CEO of a fintech firm it claims made secretive purchases of his own company's stock in order to inflate the price, saying he "undisputedly" failed to file certain required disclosure documents.

  • October 19, 2026

    Amazon Union Pans Co.'s Case In 5th Circ. Election Challenge

    Amazon's challenge to the National Labor Relations Board's order to bargain with workers at a Staten Island warehouse relies on "extraordinarily strained readings of the board's decision" to reject its objections to an election the union won handily, the Teamsters told the Fifth Circuit.

  • October 19, 2026

    Wilson Elser Says Unsuccessful Strategy Isn't Malpractice

    Wilson Elser Moskowitz Edelman & Dicker LLP has asked a New Jersey state judge for summary judgment in a malpractice suit, arguing a former client is unable to provide proof of his claims that the firm's actions prevented him from collecting on a judgment of more than $1 million.

  • October 19, 2026

    Hanes Loses Latest Bid To Escape Suit Over Marketing Emails

    A Washington federal judge has denied Hanes' latest attempt to duck a proposed class action accusing it of sending misleading marketing emails, reasoning that new state rulings it cited don't control the case.

  • October 18, 2026

    Trump Waives Russia Sanctions, Tariff Law After Fuel Deal

    President Donald Trump signed an executive order to suspend Russian sanctions and tariff provisions contained in a law passed earlier this year by Congress in response to Russia's ongoing war in Ukraine.

  • October 16, 2026

    Costco Beats Customers' 100% Agave Tequila Labeling Suit

    A Seattle federal judge on Friday shot down consumers' proposed class action accusing Costco of selling Kirkland Signature tequila falsely labeled as "100% de Agave," deferring to Mexico's purview over tequila regulation and citing a Mexican government body's rejection of similar adulteration claims.

  • October 16, 2026

    Gildan Carried On 'Channel Stuffing' Scheme, Investor Says

    Gildan Activewear Inc. pumped distributors with extra inventory to create an appearance of revenue growth, alleges a putative securities class action filed in New York federal court that cites short-seller firm Jehoshaphat Research's exchanges with a former employee and customers of the Canadian apparel manufacturer.

  • October 16, 2026

    5th Circ. Revives Snapper Switch Suit Against Upscale Resto

    The Fifth Circuit Friday revived a proposed class action that accused a historic fine-dining Mississippi restaurant of scheming to sell inexpensive foreign fish while pricing them as more expensive premium local fish, saying in a published opinion that a diner plausibly alleged the fish mislabeling was "widespread and routine."

Expert Analysis

  • 2nd Circ. Eases Employer Defense Of Dress Code Rules

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    The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.

  • Transfer Pricing Analyses May Apply To Tariff Refunds Claims

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    Both plaintiffs and defendants in consumer class actions over tariff refunds should examine transfer pricing analyses, which can offer contemporaneous evidence as to how much of a tariff was borne in the U.S. by the importer or consumers rather than absorbed earlier in the supply chain, say economists at The Brattle Group.

  • Importer Risk Rises As AI Enters Trade Fraud Enforcement

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    The Trump administration's new data-driven and artificial intelligence-enabled push against tariff evasion raises the stakes for companies with global supply chains, making it crucial that they consider strengthening response protocols, documentation and internal reporting mechanisms, say attorneys at Cooley.

  • TTAB Tribal Immunity Ruling Alters TM Strategy Risks

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    Following the Trademark Trial and Appeal Board's recent holding in Philip Morris v. IP Services International that tribal sovereign immunity does not bar trademark cancellation proceedings, tribes involved in trademark licensing, partnerships or acquisitions should weigh federal registration protections against exposure to full TTAB scrutiny, says Chante Westmoreland at Sheppard.

  • Parsing The Latest Signals On FTC Section 5 Enforcement

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    Federal Trade Commission cases brought over the last several years and Commissioner Mark Meador’s recent call for stand-alone Section 5 enforcement suggest businesses should prepare for continued scrutiny of conduct beyond traditional antitrust violations, particularly in essential goods, technology and labor markets, say attorneys at Axinn.

  • Terminix Deal Shows Risks Of Calif. Aggregating Local Lapses

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    California district attorneys’ novel use of an unfair competition law to merge unrelated local enforcement matters against pest control providers Rentokil and Terminix into one recently settled statewide case demonstrates that lack of adequate communication between facilities and corporate compliance managers may cause isolated regulatory violations to snowball into larger challenges, say attorneys at Kazmarek Mowrey.

  • What Lawyers Should Know Before Accepting Crypto Payment

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    As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

  • Fighting Class Cert. In Wash. False Email Promo Cases

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    Retailers facing a recent wave of class actions alleging their email promotions violated the Washington Commercial Electronic Mail Act may be able to demonstrate that sending individualized, customer-specific messages produced experiences too diverse to be adjudicated on a classwide basis, say attorneys at Benesch.

  • Cos. Face Growing Exposure To Unfair Trade Practice Suits

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    Claims against companies that were traditionally governed by tort, products liability, nuisance or environmental law are increasingly being brought under state unfair and deceptive practices statutes — and defense practitioners and in-house counsel should note these laws often provide expanded remedies and procedural advantages to plaintiffs, say attorneys at Kean Miller.

  • IDScan Data Breach Puts Spotlight On Vendor Oversight

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    A recently reported breach that exposed millions of identification documents held by IDScan.net highlights the liability risks for businesses that contract with third-party identity processors, and emphasizes the importance of auditing vendors' data retention practices, say attorneys at Tucker Ellis.

  • Cos. Must Prep For Changes To Calif. Battery Recycling Law

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    With important changes to California's Responsible Battery Recycling Act taking effect in January, manufacturers and retailers should review updated format and product definitions and exclusions, determine their new responsibilities, and be prepared to submit new stewardship plans in advance of the deadline, says Thierry Montoya at FBT Gibbons.

  • Series

    Mentalism Makes Me A Better Lawyer

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    Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

  • Why And How To Build A Neurodiversity-Informed Practice

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    By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

  • How FTC Win Charts A Court-1st Merger Litigation Playbook

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    A New York federal court's recent decision blocking Henkel's acquisition of Liquid Nails marked a decisive trial win for the Federal Trade Commission, and tips for merging parties in similar transactions now include preparing for full-blown federal litigation, including a complete evidentiary trial, say attorneys at Cooley.

  • AG Watch: Texas Takes A Lone State Stand Against Tech Cos.

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    A look at Texas Attorney General Ken Paxton's recent actions against Meta Platforms and Amazon.com illustrates how Texas is distancing itself from multistate coordination, offering practitioners a crucial perspective on navigating individual state actions amid coordinated attorney general litigation, say attorneys at Kelley Drye.

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