Retail & E-Commerce

  • August 20, 2026

    Nintendo Customer Fights To Keep Tariff Refund Suit Alive

    A Washington federal court should deny Nintendo's attempt to escape a proposed class action seeking reimbursement of costs that customers paid toward President Donald Trump's since-invalidated global tariff regime now that the company is pursuing refunds, a customer told the court.

  • August 20, 2026

    Estee Lauder's TM Suit 'Full Of Detail,' Judge Tells Walmart

    A California federal judge said Thursday he is skeptical of Walmart's motion to dismiss much of Estee Lauder's lawsuit accusing the retail giant of selling infringing beauty products online, saying he is unsure the pleadings are inadequate at this stage because he found them "chock full of detail."

  • August 20, 2026

    Trade Groups Back Apple In 9th Circ. Class Decert. Fight

    The U.S. Chamber of Commerce and other trade and advocacy groups backed Apple Wednesday with amicus briefs telling the Ninth Circuit to reject an appeal from consumers looking to undo the decertification of a class of roughly 200 million people in an antitrust case targeting App Store policies.

  • August 20, 2026

    Conn. Nissan Dealer Will Pay $4M To End FTC's Junk Fee Suit

    A Connecticut federal judge on Thursday approved a $4 million deal to resolve claims from government enforcers that a Nissan dealership broke consumer protection laws by adding deceptive junk fees to vehicle sale prices.

  • August 20, 2026

    Under Armour Fights Ex-Supplier's Bid For Antitrust Appeal

    Under Armour wants to keep moving toward a November trial for an ex-supplier's tortious interference claims, arguing that a request to pause the case for an immediate appeal of trimmed antitrust allegations rested on the slim chance the Third Circuit would reverse dismissal of those claims.

  • August 20, 2026

    AmEx Waived Arbitration By Refusing Fees, 1st Circ. Says

    American Express forfeited its right to insist on arbitration in a proposed class action by merchants challenging the company's swipe-fee rules when it failed to pay its share of the arbitrator's fees, estimated to be $17 million, the First Circuit has ruled.

  • August 20, 2026

    KKR Lobs $9B Takeover Offer At UGI, Plus More Rumors

    Private equity behemoth KKR offered to acquire natural gas distributor UGI Corp. for $9 billion, fast-fashion company Shein is eyeing a $25 billion valuation ahead of its anticipated Hong Kong initial public offering, and e-commerce giant Alibaba sold its game developer business to Trustar Capital in a $2 billion deal. Here, Law360 breaks down the notable deal rumors from the past week.

  • August 20, 2026

    Sports Card Seller, Dealer Settle Collapsed Buyout Suit

    A California trading card distributor and Michigan-based House of Hits Sports Cards on Thursday settled their dispute over a proposed six-figure buyout that fell through after House of Hits allegedly failed to render payment under the agreement.

  • August 19, 2026

    Davis Wright Vets Scolded: Don't Tell Foes 'How To Run Firm'

    Davis Wright Tremaine LLP veterans have failed to dodge six-figure sanctions in a prominent discovery donnybrook, and a California magistrate judge added invective to the financial injury, lambasting "troubling" omissions in case citations and heavy-handed "nitpicking" akin to commandeering an adversary's law firm.

  • August 19, 2026

    Amazon Wants Full 9th Circ. To Rethink Block On Perplexity AI

    Amazon is pressing the full Ninth Circuit to consider a lower court's injunction preventing Perplexity's "uniquely reckless" artificial intelligence tool from purchasing items for users on Amazon, arguing that a panel erred in lifting the block earlier this month.

  • August 19, 2026

    FTC Warns Secret Personalized Prices Likely To Draw Scrutiny

    Retailers and other businesses that use consumers' personal data to set individualized prices are likely to face regulatory backlash if these practices aren't clearly disclosed, the Federal Trade Commission cautioned in a proposed policy statement issued Wednesday that vowed the agency would "aggressively" enforce such misconduct.

  • August 19, 2026

    1st Circ. Says Apellis Disclosures Weren't 'Half-Truths'

    A First Circuit panel on Wednesday affirmed the dismissal of a securities fraud lawsuit accusing Apellis Pharmaceuticals and some of its top executives of misleading investors about the safety testing of the company's eye drug Syfovre, finding no actionable claim the company told "half-truths" about potential side effects of inflammation that can lead to blindness. 

  • August 19, 2026

    Albertsons Says Wash. Failed To Prove Opioid Claims At Trial

    Albertsons Cos. Inc. urged a Seattle judge on Tuesday to throw out Washington state's lawsuit accusing the chain and its subsidiary Safeway Inc. of fueling Washington's opioid crisis, arguing that the state failed to prove wrongdoing by the companies after nearly five weeks of an ongoing bench trial.

  • August 19, 2026

    Cracker Barrel Can't Toss ERISA Tobacco Fee Suit

    Cracker Barrel must face a proposed class action alleging that a surcharge on the health plans of workers who used tobacco violated federal benefits law, after a Tennessee federal judge on Wednesday found that an ex-worker sufficiently backed up allegations that a wellness program implementing the fee didn't meet all federal requirements.

  • August 19, 2026

    Apple Makes App Store Policy Changes In Europe

    Apple has made several changes to its policies for app distribution in Europe, after enforcers found restrictions and fees were blocking competition from App Store alternatives and outside payments methods.

  • August 19, 2026

    TaxAct Settles Conn. Claims Of Info Sharing Via Site Trackers

    The Connecticut attorney general announced Wednesday that TaxAct will pay $275,000 to resolve allegations it shared sensitive taxpayer information with Meta and Google via tracking technologies, and will also implement new policies and procedures to track and manage such technologies on its platform. 

  • August 19, 2026

    Burlington Accused Of Requiring Work During Unpaid Breaks

    Three Burlington Coat Factory current and former employees hit the off-price retailer with proposed nationwide collective and class claims alleging workers were routinely required to perform unpaid work on purported meal breaks.

  • August 19, 2026

    Ex-Client Takes Aim At Wilson Elser's 'Duplicative' Experts

    A former Wilson Elser Moskowitz Edelman & Dicker LLP client suing the firm for malpractice asked a New Jersey state court this week to limit the firm to just one expert witness rather than the two it has proposed.

  • August 19, 2026

    5th Circ. Backs Delay Of FDA's 11-Warning Cigarette Rule

    The Fifth Circuit on Tuesday upheld the delay of a U.S. Food and Drug Administration rule requiring the addition of graphic warning labels to cigarette packages, saying tobacco companies that challenged the rule showed the agency likely overstepped its narrow authority to adjust existing warnings by creating two new ones.

  • August 19, 2026

    Ex-Loeb & Loeb RE Pro Joins Greenberg Traurig In NYC

    Greenberg Traurig LLP has hired former Loeb & Loeb LLP real estate partner Brian L. Helweil as a shareholder for its global real estate practice team in New York City, the firm has announced.

  • August 19, 2026

    Trump Delays Canada Tariffs, Says Deal Imminent

    President Donald Trump delayed for three days 50% tariffs on select Canadian goods scheduled to take effect Wednesday in an effort to strike a deal with the Canadian government, he said late Tuesday evening.

  • August 18, 2026

    Lady Gaga Beats Surf Brand's 'Mayhem' TM Infringement Suit

    A California federal judge Tuesday granted Lady Gaga's bid to toss a surf and lifestyle brand's lawsuit accusing her of infringing a "Mayhem" mark on her merchandise, saying the brand failed to sufficiently allege that the pop star's use of the mark explicitly misled consumers.

  • August 18, 2026

    Uber Eats To Pay $4.4M To End Seattle Wage Theft Claims

    Uber Eats will again fork out millions of dollars to settle allegations from Seattle officials that the food delivery giant failed to pay its couriers what they're owed under municipal app-based worker laws, the Seattle Office of Labor Standards announced Tuesday.

  • August 18, 2026

    Amazon Shoppers' $309M Returns Class Deal Gets Initial OK

    A Washington federal judge gave a tentative green light Tuesday to a $309.5 million class action settlement to end allegations that Amazon shortchanged consumers on refunds for returned items, with the e-commerce giant pledging to improve its return policies to prevent future problems.  

  • August 18, 2026

    Big Tech, PTAB Attys Urge Justices To Fix USPTO Power Grab

    The Federal Circuit's refusal to curb the U.S. Patent and Trademark Office director's power over instituting Patent Trial and Appeal Board challenges has allowed leaders to "wreak havoc" without accountability, top tech companies have warned the U.S. Supreme Court.

Expert Analysis

  • Series

    Trail Running Makes Me A Better Lawyer

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    Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.

  • Courts Are Reanchoring Antitrust Enforcement In Evidence

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    Recent U.S. antitrust disputes, including with Meta and HPE-Juniper, illustrate how judicial scrutiny combined with internal institutional checks is pushing enforcement toward an evidence-based footing and refinements, says Thomas Stratmann at George Mason University.

  • Takeaways From 8th Circ. Ruling On Worker's 'BLM' Display

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    The Eighth Circuit's recent decision in Home Depot v. National Labor Relations Board, finding that Home Depot legally prohibited an employee from displaying Black Lives Matter messaging on his uniform, reaffirms employers' right to restrict politically sensitive material, but should not be read as a blank check, say attorneys at Hunton.

  • Malpractice Claim Assignability Continues To Divide Courts

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    Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

  • Texas AG Wields Consumer Protection Law Against Tech Cos.

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    Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.

  • When Bankruptcy Collides With Product Recalls

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    The recent bankruptcy filing by Rad Power Bikes on the heels of a U.S. Consumer Product Safety Commission warning about dangerously defective batteries sold by the company highlights how CPSC enforcement clashes with bankruptcy protections, leaving both regulators and consumer litigants with limited options, says Michael Avanesian at Avian Law Group.

  • Utilizing The ITC To Combat 'Gray Market' IP Infringement

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    As technological developments intensify trademark owners' need to respond swiftly to "gray market" sales of international goods imported into the U.S. without the trademark owner's consent, litigating at the U.S. International Trade Commission offers an underutilized enforcement option, say attorneys at MoFo.

  • Bipartisan Enforcement Is Rising In Consumer Finance

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    Activity over the past year suggests a bipartisan state enforcement wave is rippling across the consumer finance industry, which follows a blueprint set out by former Consumer Financial Protection Bureau Director Rohit Chopra, who notably now leads a Democratic Attorneys General Association working group, say attorneys at Hudson Cook.

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • New State Regs On PFAS In Products Complicate Compliance

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    The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.

  • Opinion

    Congress Should Lead On AI Policy, Not The States

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    There needs to be some limits on how far federal agencies go in regulating artificial intelligence systems, but Congress must not abdicate its responsibility and cede control over this interstate market to state and local officials, say Kevin Frazier at the University of Texas School of Law and Adam Thierer at the R Street Institute.

  • How 2 Tech Statutes Are Being Applied To Agentic AI

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    The application of the Computer Fraud and Abuse Act and the California Invasion of Privacy Act to agentic artificial intelligence is still developing, but recent case law, like Amazon's lawsuit against Perplexity in California federal court, provides some initial guidance for companies developing or deploying these technologies, say attorneys at Weil.

  • Defense Strategy Takeaways From Recent TCPA Class Actions

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    Although recent Telephone Consumer Protection Act decisions do not establish any bright-line tests for defeating predominance based on an argument that class members provided consent for the calls, certain trends have emerged that should inform defense strategies at class certification, say attorneys at Womble Bond.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

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