Retail & E-Commerce

  • June 04, 2026

    MAC Must Face Customer's Makeup Try-On BIPA Suit

    A MAC Cosmetics customer can pursue Biometric Information Privacy Act allegations targeting virtual makeup try-on technology the company uses in store and online because she has plausibly alleged that the technology's face scans can be used to identify consumers, an Illinois federal judge said Thursday.

  • June 04, 2026

    Is Pattie Gonna Get Out Of This? Patagonia's IP And PR Pickle

    Patagonia's trademark infringement suit against drag queen and environmental activist Pattie Gonia has caught the attention of both intellectual property attorneys and popular culture aficionados, with lawyers saying the action highlights how IP enforcement and public relations management aren't always in perfect harmony.

  • June 04, 2026

    Safeway Sues To Undo Teamsters Local's Driver Mileage Win

    Safeway Inc. has urged a Washington federal court to vacate an arbitration award finding the grocery store chain violated its collective bargaining agreement with a Teamsters local by unilaterally changing its method for calculating how much its delivery drivers are paid, arguing that the award "fails to draw its essence" from the agreement.

  • June 04, 2026

    Total Wine Operator Says Pay Transparency Class Is 'Ruinous'

    A Total Wine & More operator urged a Washington federal judge Thursday to deny class certification in a pay transparency suit, warning that certifying a class of up to 20,000 job applicants would be "ruinous" for the employer.

  • June 04, 2026

    Legislative Update: Cannabis And Psychedelics Bill Roundup

    New York lawmakers gave final approval to legislation designed to curb the flow of illicit product into the state's cannabis market; Iowa's governor signed into law a bill to double the number of licensed medical cannabis dispensaries; and Louisiana legislation allowing terminally ill patients to access medical marijuana became law. Here are the major moves in cannabis and psychedelics legislation from the past week.

  • June 04, 2026

    Zillow Says Compass Won't Detail Talks With MLS

    Zillow told an Illinois federal court that real estate brokerage Compass and a Chicago-area multiple listing service are refusing to document their communications with each other, even though they're accused of conspiring to block listings on Zillow's platform.

  • June 04, 2026

    Feds Appeal Trade Court's Emergency Tariff Refund Order

    The federal government has appealed the U.S. Court of International Trade's order requiring refunds on all duties paid under the International Emergency Economic Powers Act after the U.S. Supreme Court struck them down this year, according to filings in the trade court and Federal Circuit.

  • June 04, 2026

    Pot Business Tells 6th Circ. Mich. City Defied Court Order

    The clerk of a Michigan city intentionally sabotaged a plan to revitalize a deserted shopping center to prevent cannabis businesses from operating there, a real estate company told a Sixth Circuit panel Thursday in hopes of reviving its suit over the delays and setbacks.

  • June 04, 2026

    CBD Oil Co., Hemp Farm Spar Over $1.7M Contract Suit

    A Washington hemp farm is suing CBD oil processor AgroRefiner LLC, alleging it breached a contract to buy 2.5 million pounds of biomass and owes $14.7 million, while AgroRefiner has filed counterclaims alleging that the biomass didn't meet the standards of the agreement.

  • June 04, 2026

    Wash. Justices Won't Review Card Processor's Tax Refund

    Washington state's high court declined to review a lower court decision finding that the state's tax agency wrongly included fees charged by issuing banks in a credit card processor's gross income calculation.

  • June 04, 2026

    Ex-Surgeon Agrees To $7.7M Tax Bill From Offshore Scheme

    A retired plastic surgeon reached a $7.7 million settlement with the federal government to resolve an Internal Revenue Service case alleging that he ran an offshore employee leasing scheme, according to an agreement filed in an Ohio federal court.

  • June 04, 2026

    Buyers Say Cove Probiotic Sodas Have Artificial Sweetener

    A proposed class of California consumers is suing Cove Drinks Inc. in federal court, alleging that its probiotic sodas contain an artificial sweetener despite advertising claiming that they do not.

  • June 04, 2026

    Live Nation Remedies Discovery To Wait On New Trial Motions

    A New York federal judge said that state attorneys general will have to wait on discovery to bolster their bid for a Live Nation Entertainment Inc. breakup, preferring to first tackle the live music giant's bid to upend jury findings faulting the company for monopolizing the industry.

  • June 04, 2026

    6th Circ. Rejects Scotts Bid To Block P&G Weed Killer

    The Sixth Circuit on Thursday affirmed a lower court's refusal to block Procter & Gamble from selling its Spruce weed killer, holding that Scotts failed to show its Miracle-Gro packaging is distinctive enough to support trade dress claims or that the products are likely to confuse consumers.

  • June 04, 2026

    PayPal Brass Sued Over Branded Checkout Disclosures

    PayPal executives and directors were hit with a shareholder's derivative suit in Delaware federal court accusing them of damaging the company with positive comments about the growth potential of the company's branded checkout segment that were walked back earlier this year.

  • June 04, 2026

    Ecobee's $11.5M Thermostat IP Trial Loss Erased By Fed. Circ.

    The Federal Circuit on Thursday threw out an $11.5 million award against Ecobee Technologies in a smart thermostat patent infringement suit from Ollnova Technologies, citing problems with the verdict form and how jurors were instructed to look at the patents.

  • June 04, 2026

    US Middle Market PE Surge Expected After Strong 2025

    U.S. middle market private equity dealmakers are signaling renewed optimism, with the vast majority expecting a meaningful jump in buyout activity over the next two years after a robust 2025, according to survey results published on Thursday. 

  • June 03, 2026

    Campbell Soup Sued Over 'Worm-Like' Critters In SpaghettiOs

    Florida parents and their minor child have lodged a negligence suit against Campbell Soup Co. in federal court, alleging that the child and her mother discovered "worm-like organisms" moving in SpaghettiOs they ate and suffered parasitic infections as a result.

  • June 03, 2026

    HP Customers Say Latest Third-Party Ink Suit Should Proceed

    HP customers argued Wednesday that an Illinois federal judge should let them pursue amended antitrust accusations that the printer-maker illegally blocked consumers from using third-party ink, noting their expanded allegations about the printer boxes' "bait-and-switch" cartridge disclaimer should be enough to advance.

  • June 03, 2026

    'This Is Their Document': Jury Told J&J Docs Prove Talc Lies

    Counsel for the families of three women who died of ovarian cancer delivered closing arguments Wednesday in their six-week-long bellwether lawsuit against Johnson & Johnson, telling jurors that decades-old internal documents prove the company hid that its talc was contaminated with asbestos.

  • June 03, 2026

    Texas Court Blocks Stetson Maker From Some Mexico Sales

    A Texas Business Court judge granted a hat seller part of a temporary restraining order blocking Hatco Inc. from selling its well-known cowboy hats to other retailers in Mexico, but said Wednesday that she would not order Hatco to sell its products at the same discount as before.

  • June 03, 2026

    Insurer Says E-Cig Co.'s Lies Bar Warehouse Fire Coverage

    An insurer said it shouldn't have to pay out an electronic cigarette product wholesaler's $5 million claim for a warehouse fire, telling an Illinois federal court that the company misrepresented important facts about its business in its application for coverage that warrant rescission of the policy.

  • June 03, 2026

    Tech Industry Groups Back Apple High Court Bid In Epic Case

    Several technology industry groups threw their support behind Apple Inc. on Wednesday, telling the U.S. Supreme Court an injunction issued in a case brought by Epic Games Inc. tries to alter the service Apple provides to millions of developers based on complaints from a single company.

  • June 03, 2026

    CFPB Says Bilt Will Repay Fees After 'Collaborative' Outreach

    The Consumer Financial Protection Bureau said late Tuesday that Bilt will reimburse hundreds of customers for penalty fees tied to snags in the relaunch of its rent-payment rewards cards, touting the move as a case study in the benefits of "collaboration" over punitive enforcement.

  • June 03, 2026

    Patent Suit Puts Drum Carrier Function Over Form, Court Told

    Counsel for a Japanese musical instrument manufacturer asked a Pennsylvania federal judge Wednesday to toss a patent infringement case it's facing from drum-maker Pearl Musical Instrument Co. Ltd. over marching band drum carriers, arguing that Pearl wrongly focused on the functionality of its competitor's carrier rather than its looks.

Expert Analysis

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

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    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

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    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

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    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

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    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

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    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'

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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