Retail & E-Commerce

  • October 06, 2026

    Lululemon Can't Score Fees After Nike Patent Win Was Erased

    Apparel company Lululemon's request for attorney fees was denied by a New York federal judge Tuesday after a Nike patent that was the basis of a $355,450 infringement verdict was found invalid.

  • October 06, 2026

    Couple Says NJ Pot Farm Owes $1.36M In Loans, Back Pay

    Multistate cannabis operator Grasshopper Farms and its CEO are accused of flaking on loans and other obligations totaling more than $1.36 million by a New Jersey couple who invited them to open a 20-acre indoor cannabis cultivation facility on their land in Galloway Township, according to a lawsuit removed to federal court.

  • October 06, 2026

    NC Biz Court Bulletin: Monopoly Suit Setback, Historic Deal

    The North Carolina Business Court rounded the corner into fall with a setback for residents in an antitrust class action, a historic settlement in "forever chemical" contamination litigation and a raft of new restrictive covenant complaints.

  • October 06, 2026

    Musician Gets 18 Mos. For $8M AI-Streaming 'Bot Farm' Scam

    A Manhattan federal judge sentenced a North Carolina musician to 18 months in prison Tuesday, after he admitted scheming to steal $8 million worth of streaming royalty payments using an army of fake accounts and artificial intelligence-generated songs.

  • October 06, 2026

    'Where's The Quinoa?' Mars Customer's False Ad Suit Asks

    Mars Foods misrepresents that one of its Seeds of Change rice and quinoa products is primarily made with quinoa, when the ingredients list shows quinoa is actually less than 2% of the product, a proposed false advertising class action alleges in California federal court.

  • October 06, 2026

    USTR Keeps China Tariffs After Industry Push For Extension

    The Office of the U.S. Trade Representative on Tuesday announced the continuation of tariffs on some $50 billion worth of Chinese goods installed during President Donald Trump's first term after domestic businesses requested they be extended.

  • October 06, 2026

    Cos. Say Trade Court Can Issue Nationwide Tariff Refunds

    The U.S. Court of International Trade has nationwide jurisdiction over matters involving trade laws, which should give it authority to order tariff refunds for importers that paid the unlawful duties whether or not they filed their own challenge at the trade court, businesses told the Federal Circuit.

  • October 06, 2026

    Trump Allows Dyed Fuel In Highway Use, Defers Excise Taxes

    President Donald Trump signed an executive order to temporarily allow road vehicles to use dyed diesel fuel that is typically used by off-road vehicles and to defer applicable federal excise taxes, the White House said.

  • October 06, 2026

    WTO General Council Meeting Concludes Without Decisions

    A two-day meeting of the World Trade Organization General Council did not produce any concrete decisions on proposed reforms or other matters, including the currently lapsed moratorium on e-commerce duties, a spokesperson said Tuesday.

  • October 05, 2026

    Roundup Evidence Strong In Every Research Area, Jury Hears

    A jury weighing cancer claims against Monsanto heard testimony Monday that scientific research shows a "strong" link between glyphosate and cancer in animal, molecular and human epidemiological studies, even when accounting for participants' exposure to other substances.

  • October 05, 2026

    Amazon, Crocs Sue Sellers Over Alleged Classic Clog Dupes

    Amazon and Crocs have kicked off a trademark infringement case in Washington federal court, accusing several third-party sellers of conspiring to peddle counterfeit versions of the casual clogs on the e-commerce platform.

  • October 05, 2026

    Masimo's $634M Apple IP Win Boosted By $184M In Interest

    A California federal judge on Monday ordered Apple Inc. to pay Masimo Corp. $184 million in prejudgment interest on top of a $634 million damages award for infringing a Masimo pulse oximetry patent through an Apple Watch feature, rejecting Apple's contention that such interest was not warranted.

  • October 05, 2026

    Airbnb Can't Monopolize 'BNB' Acronym, Real Estate Co. Says

    Airbnb cannot monopolize the acronym "BNB," which is an internationally recognized, generic and unregistrable abbreviation for "Bed and Breakfast," and its opposition to a luxury real estate management enterprise's trademark application for "LUXBNB" should be dismissed, alleges a declaratory action filed Monday in New York federal court. 

  • October 05, 2026

    Big 3 Telecoms Want Antitrust Suit Over Wi-Fi Calling Tossed

    The nation's largest three mobile carriers — AT&T, Verizon and T-Mobile — are ready to wash their hands off a lawsuit accusing them of conspiring to offer free Wi-Fi calling as a way to monopolize the market for the service.

  • October 05, 2026

    DOJ, Google Differ On Ad Tech Fix Timing, Oversight

    The U.S. Department of Justice and Google offered disagreement Friday largely on relatively discreet points for the mandates meant to open up Google's advertising placement technology dominance, in a Virginia federal court filing where disputes centered heavily on how long the tech company has to implement changes and who'll monitor its compliance.

  • October 05, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week temporarily froze roughly 32.1 million Talkdesk Inc. shares in a fight over a disputed foreclosure involving founder and CEO Tiago Paiva, while rejecting Saama Technologies founder Suresh Katta's nearly $68 million earnout bid and awarding the company about $7.3 million.

  • October 05, 2026

    Shareholder Says Dick's Misled Public On Foot Locker Woes

    A Dick's Sporting Goods shareholder accused company officials of making false and misleading statements about the company's $2.4 billion Foot Locker acquisition, telling a Pennsylvania federal court Monday they failed to properly inform investors about the shoe store chain's inventory issues.

  • October 05, 2026

    No Consensus On Forced Labor Statement At G20 Meeting

    The Group of 20 nations failed to reach a consensus on a statement highlighting the need to eliminate imports of goods created with forced labor, with solely the U.S., Argentina and Mexico backing a document calling forced labor both a human rights and economic threat.

  • October 05, 2026

    Fed. Circ. Orders Tossing Indemnity Bid On Different Grounds

    The Federal Circuit on Monday ordered a federal district judge to lift an order dismissing shopping mall owner Simon Property Group's indemnification claim against gift card company Blackhawk Network over a patent infringement case involving methods of executing card payments.

  • October 05, 2026

    DOJ, Google Want DC Circ. 'Priority' For Search Appeal

    The U.S. Department of Justice and Google jointly asked the D.C. Circuit to prioritize their cross-appeals in the search monopolization case in order to schedule oral arguments as soon as Dec. 9.

  • October 05, 2026

    Justices Want SG's View On 3 Antitrust Cases

    The U.S. Supreme Court on Monday called for the solicitor general's view in antitrust cases involving hard drive component prices, allergy testing and treatment, and insulin products sold through a drug discount program.

  • October 05, 2026

    Mass. Governor Urges Voters To Reject Marijuana Repeal

    Massachusetts Gov. Maura Healey said Sunday that she opposes a ballot measure to roll back the legalization of retail marijuana in the Bay State.

  • October 02, 2026

    Amazon E-Book Readers Near Cert. Of 30M Antitrust Class

    A New York federal magistrate judge recommended certifying a class of more than 30 million readers accusing Amazon of monopolizing the e-book market, according to a report unsealed Thursday.

  • October 02, 2026

    Amazon Seeks Records Around Lawyer's USPTO Suspension

    An attorney Amazon has accused of furthering a scheme to fraudulently register thousands of trademarks and use them to report infringement by rival Amazon merchants must hand over documents related to her discipline in California and Washington, the retail giant argued in a Washington federal court filing Thursday.

  • October 02, 2026

    Costco 'Health Washing' Electrolyte Drink Mix, Customer Says

    Costco has been accused in Washington federal court of illegally "health-washing" its variety pack of Kirkland brand electrolyte drink mix by labeling the product as though it's sugar-free despite containing an ingredient federal and state labeling standards consider a sugar.

Expert Analysis

  • How 'Most Favored Nation' Regime Affects Biopharma Deals

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    As M&A activity surges in the biopharma space, companies will need to account for the Trump administration's most-favored-nation pricing proposals — durable in concept, if unsettled in detail — when drafting deals, say attorneys at Gibson Dunn.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • NY Bill Would Boost Litigation Risk For Cosmetics Cos.

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    The Beauty Justice Act, now pending in the New York Legislature, would not only present compliance challenges for companies making cosmetics and personal care products, but could also be used by private plaintiffs to bring consumer fraud, false advertising, toxic exposure and product liability claims, says Kadeejah Kelly-Previl at Faegre Drinker.

  • Appellate Vape Rulings May Expand State Regulation Powers

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    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

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    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

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    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

  • Costco Chicken Case Highlights Food Labeling Lessons

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    Recent litigation over allegedly deceptive food labels, including the ongoing proposed class action in a California federal court over Costco's rotisserie chicken, shows that plaintiffs rarely focus on single label statements in isolation — so product claims that comply with regulations could still incur litigation risk, says Brandy Alonzo-Mayland at Michelman & Robinson.

  • Addressing Merchant Cash Advances In Subchapter V

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    As regulatory enforcement continues and more small businesses turn to Subchapter V bankruptcy to manage merchant cash advance debt, counsel and trustees can take meaningful steps throughout the bankruptcy process to successfully counteract the potentially nefarious actions of MCAs, say Hannah Hutman at Hoover Penrod and Starria Cuffee at Stretto.

  • Monitor Exposure, Stay Flexible Amid Tariff Uncertainty

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    To navigate an unstable trade environment, businesses must evaluate their exposure to new tariffs invoked under a patchwork of statutory authorities and be prepared to adapt to further changes that may be on the horizon, says Bhargav Prajapati at Capital Trade.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

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    The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • What Calif.'s New Focus On Microplastics Means For Cos.

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    The recent move by California's Department of Toxic Substances Control to designate microplastics as candidate chemicals under its Safer Consumer Product regulations does not create a new product restriction — but it expands the agency's future reach by putting microplastics on the department’s regulatory runway, says Gregory Berlin at Alston & Bird.

  • Whiskey Business: Parsing The 9th Circ. Jack Daniel's IP Toss

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    The Ninth Circuit's recent ruling in VIP Products v. Jack Daniel's, holding a toy did not tarnish the whiskey maker's trademarks, gives fact-finders great latitude by showing that there may exist no categories of per se tarnishing content, says attorney Sara Gold.

  • Fed. Circ.'s Thermostat Ruling Holds Patent Jury Trial Lessons

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    The Federal Circuit's recent decision in Ollnova v. Ecobee, throwing out a $11.5 million patent infringement award, clarifies key rules for jury verdict forms and sends an important message on patent subject matter eligibility, says Bijal Vakil at Skadden.

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