Retail & E-Commerce

  • 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.

  • August 18, 2026

    ATF's Ghost Gun Rule Found Unconstitutional By Texas Judge

    A Texas federal judge has ruled that a Bureau of Alcohol, Tobacco, Firearms and Explosives rule restricting so-called ghost gun kits violates the Second Amendment because it runs counter to America's colonial tradition of home gunsmithing.

  • August 18, 2026

    Black & Decker Retiree Seeks Cert. In BlackRock ERISA Suit

    A former Black & Decker employee who alleged the company failed to trim underperforming BlackRock investment funds from its 24,000-member retirement plan urged a Connecticut federal judge to grant class certification, arguing Monday common questions predominate over individualized issues, since the core allegations involve the defendant's administration of the plan. 

  • August 18, 2026

    Gun Co. Palmetto Shorted Workers On OT, Suit Says

    Firearms retailer Palmetto State Armory cheated hundreds of its call-center employees out of wages by forcing them to perform unpaid tasks before clocking in and shaving overtime hours, according to a proposed class action filed in South Carolina federal court.

  • August 18, 2026

    Franchise Group Trust Seeks $700M Over Take-Private Deal

    The litigation trust created after Franchise Group Inc.'s bankruptcy on Tuesday sued the company's former CEO, advisers and others in the Delaware Chancery Court, accusing them of carrying out a fraudulent take-private deal that caused more than $700 million in damages.

  • August 18, 2026

    Are Trump Diamond Tariff Breaks Tied To Gift? Wyden Asks

    Sen. Ron Wyden, D-Ore., on Tuesday demanded answers about President Donald Trump granting a tariff exemption for diamonds shortly after being given a gem-coated watch, claiming the circumstances may be tantamount to bribery, while also raising concerns about potential conflicts of interest in a separate duty investigation.

  • August 18, 2026

    DEA Blasts Marijuana Foes' Objections To Rescheduling

    The U.S. Drug Enforcement Administration on Monday told an administrative law judge that federal restrictions should be loosened on marijuana and that opponents of cannabis reform brought a meritless challenge to health regulators' assessment of the drug's medical use.

  • August 18, 2026

    Publishers Target Google's 'Fake Privilege' In Ad Tech MDL

    A group of website publishers targeting Google's advertising placement technology dominance in a wider multidistrict litigation asked a New York federal judge Monday to force discovery into corporate policies allegedly hiding evidence that have continuously haunted the technology giant across antitrust cases from government and private plaintiffs.

  • August 18, 2026

    Sofia Vergara's Underwear Co. Moves To Nix AI Deepfake Suit

    EBY urged a California federal judge to dismiss a content creator's suit alleging that, while she agreed to be a brand ambassador, the underwear company used AI to create a "deepfake" version and publish a video where she appeared partially nude, arguing Monday that the video is not "pornography" as commonly understood.

  • August 18, 2026

    Attys In Ebay Harassment Suit Seek Lion's Share Of $15M Fee

    Counsel for a Massachusetts couple who recently reached a $55.7 million settlement over a harassment campaign by former eBay employees have asked a state court judge to find the couple's original attorney is entitled to no more than 5% of the fees in the case.

  • August 18, 2026

    Infant Formula MDL Judge Laments Ongoing 'Trial-By-Video'

    The Illinois federal judge handling multidistrict litigation claiming Mead Johnson or Abbott Laboratories infant formula led to a severe gut illness in premature babies deemed it "disappointing" that testimony in an ongoing bellwether trial largely consists of video depositions, warning she won't conduct another unless most witnesses will take the stand in Chicago.

  • August 18, 2026

    DSW, Sony Strike Deal In Social Media Music Copyright Fight

    Sony Music Entertainment and DSW's parent company, Designer Brands, have reached a settlement in principle in a copyright infringement suit accusing the shoe retailer and related companies of using more than 100 copyrighted songs in social media advertising without authorization, according to a notice filed in California federal court.

Expert Analysis

  • AG Watch: Ohio Targets DEI Policies

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    As Ohio Attorney General Dave Yost seeks to eliminate diversity, equity and inclusion programs in both public education institutions and private companies, Ohio entities must carefully navigate this constantly evolving, highly contentious topic to avoid litigation while also not forfeiting their core principles, say attorneys at BakerHostetler.

  • 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.

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