Retail & E-Commerce

  • September 04, 2026

    ITC To Review Part Of Judge's Decision In Tool Patent Row

    The U.S. International Trade Commission will review parts of an administrative law judge's ruling that four patents on glow fish tape and a safety helmet system are not invalid in a legal battle between competing toolmakers.

  • September 04, 2026

    Split PTAB Gives Amazon Win On Speech Patent

    A split Patent Trial and Appeal Board has found that Amazon was able to show that claims in a speech recognition patent were invalid, the latest in a larger fight involving a patent litigation outfit that targeted the retail giant's Alexa virtual assistant.

  • September 04, 2026

    Wash. High Court Won't Review Dispensary License Fight

    The Washington Supreme Court has refused to hear an appeal from a cannabis company, ending the retailer's lawsuit claiming state regulators prevented it from opening a lucrative Seattle dispensary by failing to force a competitor's license to be forfeited due to not being fully operational.

  • September 04, 2026

    Licensing Co., TSMC Settle ITC Chip Patent Case

    A company called Longitude Licensing Ltd. has reached a settlement with Taiwan Semiconductor Manufacturing Co. Ltd. to end a case against several technology companies at the U.S. International Trade Commission seeking a ban on imports of certain products.

  • September 04, 2026

    McKesson Owns Antitrust Claims, Not Rite Aid, Judge Finds

    A New Jersey bankruptcy judge has ruled that antitrust claims against pharmaceutical companies belong to drug distributor McKesson Corp., not the trustee overseeing Rite Aid's Chapter 11 distributions.

  • September 04, 2026

    Rent The Runway Inks $9M Deal To End Investor IPO Suit

    Rent the Runway Inc. and several of its directors, including actress Gwyneth Paltrow, and underwriters have reached a $9 million deal with shareholders who accused them of concealing major challenges the designer rental company was facing prior to its 2021 initial public offering.

  • September 04, 2026

    ERISA Recap: 5 Appellate Rulings To Know From August

    The Seventh Circuit kept an Arkansas pharmacy benefit manager rule in place as not preempted by federal benefits law, the Fourth Circuit revived an Altria ex-worker's dispute over benefit plan documents, and the Eleventh Circuit reversed a pretrial win for Royal Caribbean in cruise workers' suit challenging 401(k) funds. Here, Law360 looks at those and two other major appellate decisions from August involving ERISA that benefits attorneys may want to know.

  • September 04, 2026

    'Bad Faith' Subpoenas On Apple Execs Spur Fee Sanctions

    A California federal magistrate judge imposed sanctions Thursday on Joseph M. Alioto of Alioto Law Firm for repeatedly trying to depose senior Apple executives, including then-CEO Tim Cook, in an attempt to drag the iPhone-maker back into consumer antitrust litigation accusing Google of shutting out rival search engines.

  • September 04, 2026

    Court Slams 'Half-Hearted Compliance' In Crab Price-Fix Suit

    A California federal magistrate judge has given a seafood company until Sept. 11 to meet the discovery obligations it has repeatedly fallen short of in a proposed class action accusing it of fixing prices for Dungeness crabs.

  • September 04, 2026

    Dunkin' Donuts Operator Misclassified Managers, Suit Says

    A Dunkin' Donuts franchisee misclassified store managers as exempt from overtime and failed to pay them for work exceeding 40 hours per week, a former employee claimed in a proposed class and collective action filed Friday in Virginia federal court.

  • September 04, 2026

    Exclusion Extinguishes PPE Maker's PFAS Coverage Bid

    A commercial general liability insurer owes no coverage to a personal protective equipment manufacturer sued by firefighters who said the company's gear exposed them to forever chemicals, an Ohio federal court ruled, finding that the claimed injuries fall under an occupational disease exclusion.

  • September 04, 2026

    US Extends Trade Programs With African Countries, Haiti

    The government funding bill signed by President Donald Trump this week included extensions of U.S. trade agreements with African nations and Haiti through the end of 2028, locking in duty exemptions for broad swaths of products following bipartisan support.

  • September 03, 2026

    Wash. Justices To Hear Gordon Rees Malpractice Transfer Suit

    Washington's Supreme Court will consider whether a Great American insurance unit can inherit an equipment manufacturer's legal malpractice claims against two law firms in what the insurance company has called an issue of first impression, according to a high court order published Wednesday.

  • September 03, 2026

    CVS Escapes Customer's Generic Mucinex Benzene Suit

    An Illinois federal judge threw out a CVS customer's lawsuit claiming the pharmacy retailer sells an "economically worthless" generic Mucinex drug containing a known carcinogen, finding Thursday that his claims are preempted.

  • September 03, 2026

    Papa John's Hit With Investor Suit Over Slow Transformation

    Papa John's has been hit with an investor's proposed class action accusing it of damaging shareholders with overhyped plans to transform the pizza company and regain market share, saying financial results issued last month revealed the transformation is taking longer than expected.

  • September 03, 2026

    Pool Co. Investor Says Brass Hid $150M Inventory Glut

    Pool equipment maker Hayward Holdings Inc. and current and former directors breached their fiduciary duties by concealing an inventory glut and weakening demand while continuing to portray the business as strong, according to a stockholder's complaint in Delaware Chancery Court.

  • September 03, 2026

    Invesco Funds Settle In Serta Uptier Ch. 11 Appeal

    Invesco-managed funds reached a confidential settlement, ending appeals of a Texas bankruptcy judge's decision that Serta Simmons lenders excluded from a debt restructuring deal are owed $400 million.

  • September 03, 2026

    Burlington Stores Relocating To Philly In Latest NJ Exit

    Pennsylvania Gov. Josh Shapiro and Philadelphia Mayor Cherelle Parker announced a plan by Burlington to relocate its corporate headquarters and 2,000 jobs to a West Philadelphia development, becoming the latest company to move from New Jersey.

  • September 03, 2026

    Williams-Sonoma Urges 9th Circ. To Snip Thread-Count Class

    Williams-Sonoma told the Ninth Circuit on Thursday that a district judge overseeing a certified false advertising class action over bedsheet thread-count labels should have excluded certain class members who purportedly agreed to arbitrate, arguing that the court wrongly couched the arbitration decision in a ruling on the class' definition.

  • September 03, 2026

    Judge Tosses NY License Rule Over Pot Shop Proximity

    New York cannabis regulators cannot decide at the eleventh hour whether they will grant waivers permitting certain kinds of dispensary applicants to open within 1,000 feet of a rival, a state court has ruled after finding that officials arbitrarily denied an entrepreneur's request to open a Niagara Falls shop near a competitor.

  • September 03, 2026

    Fed. Circ. Judge's Post-Decision Recusal Won't Lead To Redo

    U.S. Circuit Judge Richard G. Taranto's decision to recuse himself from a case based on newly inherited Amazon stock is not enough to justify reconsidering the opinion he'd already issued, the Federal Circuit has ruled.

  • September 03, 2026

    Curaleaf, Aurora Clash Over Merits Of $272M Hostile Bid

    A spat between Curaleaf Holdings Inc. and Aurora Cannabis Inc. is playing out publicly after Aurora's board advised shareholders to reject a $272 million unsolicited takeover bid from the rival marijuana company. 

  • September 03, 2026

    NJ Judge Strikes Experts In Faegre Drinker Malpractice Suit

    A New Jersey state judge has struck the expert reports in a legal malpractice suit against Faegre Drinker Biddle & Reath LLP, barring the experts from testifying unless the Sept. 14 trial over a real estate deal gone awry is postponed.

  • September 03, 2026

    RJ Reynolds Beats TCPA Suit Over Unsolicited Texts

    A North Carolina federal judge Thursday granted tobacco giant R.J. Reynolds' bid to dismiss a proposed class action over unsolicited text messages, citing a recent Supreme Court ruling that said the Telephone Consumer Protection Act's prohibitions on unwanted phone calls do not apply to texts.

  • September 03, 2026

    EU Council OKs Bloc Customs Modernization Program

    A suite of changes aimed at modernizing the European Union's customs administration to help it handle the e-commerce boom is on the precipice of implementation after the Council of the EU approved them Thursday, teeing up a final vote in the European Parliament.

Expert Analysis

  • How CFPB Opinion Changes Earned Wage Access Definition

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    The Consumer Financial Protection Bureau's recent conclusion that earned wage access is not "credit" for purposes of Regulation Z of the Truth in Lending Act improves on prior guidance on these products in several meaningful ways, say attorneys at K&L Gates.

  • 'Made In America' EO May Not Survive Section 230

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    President Donald Trump's recent executive order to combat fraudulent "Made in America" claims in advertising directs the Federal Trade Commission to deem online marketplaces' failure to verify third-party origin claims as unlawful, but such a rule would likely run into Section 230's publisher immunity doctrine, say attorneys at Blank Rome.

  • Assessing EcoFactor's Impact On Damages Experts' Opinions

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    Though the Federal Circuit's ruling in EcoFactor v. Google gave rise to concerns that damages experts would be forced to rely on undisputed facts, recent case law suggests that those concerns are unwarranted, says Christopher Loh at Venable.

  • Opinion

    Apple Discovery Fight Could Revive DOJ's Antitrust Appetite

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    Winning discovery disputes in the ongoing federal antitrust litigation over Apple’s app store practices is a huge opportunity for the Justice Department to return to its once-vigorous pursuit of product tying by tech monopolies, catch up with foreign competition regulators and establish clear standards for digital markets, says Ediberto Roman at Florida International University.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • Calculating Damages In IEEPA Tariff Refund Litigation

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    To calculate damages in the spate of refund litigation triggered by the U.S. Supreme Court's recent decision invalidating tariffs collected under the International Emergency Economic Powers Act, the central question will be how to determine where in the supply chain their economic burden ultimately came to rest, say analysts at Charles River Associates.

  • 'Made In America' Rules Raise Stakes For Gov't Contractors

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    The convergence of widely varying "buy American" requirements, increased enforcement efforts and continuing regulatory attempts to limit foreign sourcing suggests that government contractors should carefully review their supply chain and country-of-origin compliance to remain competitive, say attorneys at Arnold & Porter.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • Opinion

    Wash. Amazon Ruling Should Reshape Suicide Liability

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    The Washington Supreme Court's reinstatement of negligence claims in Scott v. Amazon.com, brought by the families of people who died by suicide after purchasing chemicals online, signals a reckoning for digital commerce and the rejection of the defense that online marketplaces are merely passive technology platforms, says Donald Fountain at Clark Fountain.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Appellate Strategy Lessons From Pa. Excess Coverage Ruling

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    In FedEx v. National Union Fire Insurance, a Pennsylvania state court recently set forth a clear holding that policyholders may recover postjudgment interest under excess liability insurance policies only when the policy language expressly allows, offering important takeaways for planning appeals, say attorneys at Hunton.

  • How Cos. Can Prepare For 'Made In America' Ad Scrutiny

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    The Trump administration's executive order to combat fraudulent "Made in America" claims in consumer-facing advertising, along with actions by the Federal Trade Commission, suggest a potential increased focus on consumer protection and pricing-related matters, say attorneys at Skadden.

  • Similar-Looking Designs May Not Always Prove Infringement

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    The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented design once design features driven by functionality are filtered out from consideration, say attorneys at BCLP.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Spotlight On Legal Battles Over EEOC Subpoena Powers

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    Attorneys at Wilson Elser consider the spate of litigation over the past year, spurred by the Equal Employment Opportunity Commission’s focus on alleged religious discrimination at universities, and corporate diversity, equity and inclusion practices, and how it may affect the attempts to assert privacy rights against the agency's broad subpoena powers.

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