Retail & E-Commerce

  • September 17, 2026

    Industry Groups, IP Attys Back High Court PTAB Denials Case

    The bar association for the Patent Trial and Appeal Board, a group of intellectual property law attorneys and others have urged the U.S. Supreme Court to scrutinize the discretionary denial policies of current U.S. Patent and Trademark Office leadership.

  • September 17, 2026

    'Bad Middle School Art' Tests Penn State's Counterfeit Bid

    A Third Circuit panel appeared reluctant Thursday to treat all of Vintage Brand's retro Penn State merchandise as counterfeit, even as the judges expressed skepticism about the print-on-demand retailer's broader bid to overturn a jury verdict finding that its unlicensed use of university marks infringed Penn State's trademarks.

  • September 17, 2026

    Judge Finds NM PFAS Label Likely Violates First Amendment

    A New Mexico federal judge temporarily blocked the state from requiring manufacturers to place a PFAS label on any product intentionally made with forever chemicals, finding the groups opposed to the mandate likely have First Amendment grounds to challenge it.

  • September 17, 2026

    Cayuga Nation Gets Reduced Atty Fees After RICO Verdict

    The Cayuga Nation has been awarded more than $261,000 in attorney fees, costs and sanctions after convincing a New York federal jury that two smoke shop operators violated federal racketeering law, despite the tribe's damages being entirely offset by a larger award on the operators' counterclaim.

  • September 17, 2026

    Samsung Range Caused Wash. House Fire, Insurer Says

    An insurer said it is entitled to recoup costs paid in connection with a Washington policyholder's house fire because the blaze was caused by a defective electric range manufactured by Samsung, according to a suit removed to federal court.

  • September 17, 2026

    Judge Won't Toss Cannabis Co. Rival Suit, Criticizes AI Misuse

    A Florida federal judge on Wednesday denied a medical marijuana company's bid to get a rival's suit dismissed, called the company's motion to dismiss "sloppy lawyering at best and an AI hallucination at worst," and warned the company's in-house counsel against continued chatbot misuse.

  • September 17, 2026

    Sleep Number OK'd For $154M Paydown In Ch. 11 Plan Deal

    A New York bankruptcy judge Thursday authorized personalized mattress retailer Sleep Number to pay down around $154 million of its prepetition debt as part of a Chapter 11 plan support agreement with its unsecured creditors and secured lenders.

  • September 17, 2026

    Trader Joe's Faces Lawsuits Over Sugar Labeling

    Two proposed class actions filed in Illinois federal court Wednesday accuse Trader Joe's of misleading consumers by labeling its Sweet & Sour Gummy Worms and dark chocolate chips as containing zero sugar and no added sugar, respectively, when both products contain an ingredient classified as a sugar under federal labeling rules.

  • September 17, 2026

    Canada Commits To Trade Initiatives With EU, Southeast Asia

    Canadian Prime Minister Mark Carney on Thursday committed to work with European Union officials to enhance the trading relationship between the bloc and Canada as the country's top trade official is scheduled to visit major partners in Asia in the coming days to advance negotiations on trade agreements.

  • September 17, 2026

    OpenAI Aims For $1.2T Valuation, More Rumors

    Artificial intelligence giant OpenAI is mulling a private funding round that could value the ChatGPT maker at $1.2 trillion; Blackstone is looking to raise $8 billion for its latest Green Infrastructure Credit Fund; and Japanese chipmaker Kioxia Holdings is looking to raise $10 billion by listing American depositary receipts.

  • September 16, 2026

    Birkenstock Rival Can't Stomp Out Shoe IP Suit Before Trial

    A Massachusetts federal judge refused Wednesday to grant White Mountain a partial win on Birkenstock's infringement claims in a fight over shoe designs, finding that there are too many factual disputes to determine on summary judgment whether Birkenstock waited too long to sue, so the case must be tried.

  • September 16, 2026

    Grocery Outlet Escapes Investor Suit Over IT Update Risks

    A California federal judge on Wednesday tossed an investor's proposed class action accusing Grocery Outlet Holding Corp. of botching the implementation of an enterprise resource planning system that caused disruptions and financial losses, saying the suit does not show the company's disclosures were misleading or deficient.

  • September 16, 2026

    'Disappointment' Not Enough To Sue Hershey's, Judge Says

    A Florida federal judge Wednesday again dismissed a proposed class action that accuses The Hershey Co. of misleading consumers into thinking its Halloween Reese's brand peanut butter pumpkins have carved-out designs, saying the plaintiffs' "subjective disappointment" was not an injury that gives them standing to sue.

  • September 16, 2026

    New Balance Sues Decathlon Over Kiprun Sneakers 'K' Design

    New Balance hit Decathlon America LLC with a trademark infringement lawsuit over a new line of Kiprun running shoes, with the Boston-based company telling a Massachusetts federal court that the Kiprun design is "virtually identical" to the famous "N" New Balance logo.

  • September 16, 2026

    Portions Of DC Expert Report Nixed In Amazon Antitrust Case

    A D.C. court has granted Amazon's request to strike parts of an expert report supporting the district's antitrust lawsuit against the e-commerce giant.

  • September 16, 2026

    American Eagle Accused Of Infringing 'Overslept' TM

    A New York sleepwear company sued American Eagle on Wednesday over claims of trademark infringement after the apparel giant launched a line of sleepwear called "Overslept," a trademark that is already registered by the plaintiff.

  • September 16, 2026

    House Clears Russia Sanctions Bill With New Tariff Powers

    The U.S. House of Representatives approved legislation Wednesday that would enhance President Donald Trump's economic tools to pressure Russia and Iran, including new tariff authorities to impose duties on imports from countries found to economically support Russia, sending the bill to his desk.

  • September 16, 2026

    Kroger Faces Skepticism In Bid To Slash Wash. AG's Fee Win

    A Washington appellate judge expressed skepticism Wednesday at Kroger's bid to dismiss or reduce the state's $28.4 million fee award for successfully challenging the proposed merger with Albertsons, saying Kroger doesn't know how the Washington State Attorney General's Office split the work with the lead law firm that handled the bench trial.

  • September 16, 2026

    Target Beats NY Warehouse Walking-Time Wage Suit

    Target won't have to face a proposed class action accusing it of shorting warehouse workers for time spent walking to and from their time clocks, after a New York federal judge found Wednesday that state wage law incorporates federal restrictions that make the pre- and post-shift travel noncompensable.

  • September 16, 2026

    Nike Worker Seeks Pay Records In Proposed Class Wage Suit

    A Nike retail worker has asked a Washington federal court to order the company to produce pay and scheduling records for its entire workforce before a class certification fight, arguing Nike has no basis to withhold the data and that a court-filed privacy agreement adequately protects workers' personal information.

  • September 16, 2026

    Zillow Must Arbitrate MLS Claims, Compass Claims Paused

    An Illinois federal court has refused Zillow's request for an injunction in its case accusing a Chicago-area multiple listing service of working with Compass to block access to home listings and sent the claims against the MLS to arbitration.

  • September 16, 2026

    $11M Fragrance Price-Fixing Deal Gets Final OK

    A New Jersey federal judge Wednesday signed off on an $11 million "icebreaker" deal between a group of consumers and International Flavors and Fragrances Inc. in sprawling price-fixing antitrust litigation against four major fragrance ingredient makers.

  • September 16, 2026

    11th Circ. Revives Walmart Malicious Prosecution Claim

    The Eleventh Circuit affirmed Wednesday a lower court's decision to assert jurisdiction over some, but not all, of the state law claims leveled by a man who sued Walmart after a shoplifting arrest, but revived a malicious prosecution claim against the retail giant. 

  • September 16, 2026

    FTC Deal Bars Gunmakers From Overlapping Board Members

    Beretta Holding SA is swearing off putting any of its own executives on fellow gunmaker Ruger's board under a Federal Trade Commission settlement announced Wednesday addressing competitive overlap concerns from a more than $100 million deal that will increase Beretta's stake in the company from 9.95% to up to 25%.

  • September 16, 2026

    Footwear Co. Not Covered In Email Class Fight, Insurers Say

    Three Nationwide units said they owe no coverage to a footwear company accused of violating Washington state law by sending misleading email advertisements, telling a Washington federal court that coverage is barred by an exclusion for the distribution of material in violation of law.

Expert Analysis

  • 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.

  • What Prop 65 Listings For Welding Fumes, Drugs Mean For Cos.

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    With California poised to add welding chemicals and three medications to its list of known carcinogens under Proposition 65, businesses must assess risks from nontraditional pharmaceutical dispensing, occupational and environmental exposures to welding operations, and downstream exposures from the manufacture of both types of substances, says Gregory Berlin at Alston & Bird.

  • Virginia's Cannabis Retail Veto Leaves Industry In Legal Limbo

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    Virginia Gov. Abigail Spanberger's recent veto of legislation that would have established a regulated retail cannabis framework halts momentum built by the General Assembly, but it also sends important signals about what a future regulatory framework must address to survive, says Charles Slemp at Cozen.

  • A Look At The Court's Next Steps In Live Nation Antitrust Case

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    Following a recent jury verdict that Live Nation and Ticketmaster operated as a monopoly to fix ticket prices, a New York federal court stands to weigh Live Nation's bid for a new trial, approve the U.S. Department of Justice's March settlement with the defendants, and impose remedies that include full structural separation, say attorneys at Crowell.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Foot Locker Fine Illustrates SEC's Whistleblower Priorities

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    The U.S. Securities and Exchange Commission's recent fining of Foot Locker for its separation agreements is a reminder that the commission remains serious about maintaining open channels for reporting whistleblower concerns and that provisions can violate Rule 21F-17(a) without specifically barring communications with the SEC, says Jonathan Richman at Brown Rudnick.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • State Enviro Agencies Give Cosmetics Regulation A Makeover

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    As state oversight of cosmetics rapidly expands, the new statutes and regulations governing these products are being implemented by environmental agencies rather than consumer product regulators, requiring manufacturers, distributors and retailers to reevaluate their supply chains and procedures, say attorneys at Baker Botts.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

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