Retail & E-Commerce

  • August 03, 2026

    9th Circ. Revives Claims Over FDA, USDA 'FODMAP' Labeling

    The Ninth Circuit on Monday partially revived a lawsuit against the U.S. Food and Drug Administration and the U.S. Department of Agriculture over federal regulations restricting food companies from labeling products with information about difficult-to-digest sugars known as "FODMAPs."

  • August 03, 2026

    PetMeds Beats Pixel Tracking Privacy Suit Over Standing Flaw

    A Florida federal judge has tossed a proposed class action accusing online pet pharmacy PetMed Express Inc. of deploying tracking tools that illegally transmitted website visitors' data to third parties, finding that class discovery had revealed the plaintiffs lack standing to support their remaining federal and state wiretap claims. 

  • August 03, 2026

    Five Below Investors Win Class Cert. In Growth Potential Suit

    A Pennsylvania federal judge on Monday certified an investor class action alleging Five Below and its executives overstated the company's growth prospects and its ability to curb inventory loss, finding the defendants did not rebut the presumption of reliance on the alleged misrepresentations.

  • August 03, 2026

    Albertsons Says Wash. Slow To Warn Of Bad Drug Prescribers

    Washington regulators didn't notify pharmacies or patients about doctors' potentially improper opioid prescribing until months after receiving complaints, Albertsons' counsel told a Seattle judge Monday, as the bench trial over Washington's claims the pharmacy chain helped fuel the state's overdose crisis entered its fourth week.

  • August 03, 2026

    Pokémon Sued Over Director's Alleged Secret Bathroom Cams

    A Pokémon employee has launched a proposed class action against the trading card giant in Washington state court, claiming a former engineering director installed secret cameras in bathrooms of its Evergreen State corporate office to surveil women and children as they undressed.

  • August 03, 2026

    25 States Sue Trump Over 3rd Round Of Global Tariffs

    California, Arizona and 23 other states sued the Trump administration in the U.S. Court of International Trade on Monday claiming the president is trying for a third time to impose illegal tariffs against nearly all the country's trading partners, this time under the cover of federal law meant to combat forced labor.

  • August 03, 2026

    Guitar Co.'s New Trial Request In Gibson TM Case Falls Flat

    A Texas federal judge has backed a jury's finding that a Florida-based guitar-maker infringed Gibson Inc.'s trademarks on the shapes of some of its famous guitars, like the Flying V and Explorer, and upheld his order awarding Gibson $168,000.

  • August 03, 2026

    9th Circ. Won't Revive Google Rival's Antitrust Suit

    A panel of the Ninth Circuit has refused to reinstate an ad tech company's allegations that Google harmed market competition for digital advertising by removing a now-defunct advertising app from its Play Store.

  • August 03, 2026

    Jury Clears DoorDash In Data IP Case After Other Suits Settle

    A federal jury in the Eastern District of Texas has found that DoorDash did not infringe a data management patent owned by Fall Line Patents, handing a loss to the company that has reached settlements in several other suits against fast food companies.

  • August 03, 2026

    T-Mobile Hit With Class Action Over Retirement Fund

    A proposed class action has been filed against T-Mobile in Washington federal court by a retirement plan participant who claims the company's plan lost more than $35 million in retirement returns by using a chronically underperforming investment fund.

  • August 03, 2026

    Monthly Merger Review Snapshot

    A group of state enforcers challenged Paramount's planned $110 billion acquisition of Warner Bros. Discovery, as a separate group of states and DirecTV accused Nexstar of violating an order preventing it from integrating with Tegna and the Federal Trade Commission faced a bench trial seeking to block a constructive adhesive deal.

  • August 03, 2026

    Insurer Says It Owes No Coverage In Mall Abduction Suit

    An insurer said a sexual abuse exclusion bars coverage for its insured private security firm against an underlying lawsuit accusing the company of failing to adequately monitor a mall parking lot where two women say they were abducted and forced to drive to a nearby field, where they were raped.

  • August 03, 2026

    Pa. Judge Says Vape Cos. Must Rebut Courts Backing Bans

    Vape companies challenging a Pennsylvania law that would make it illegal to sell most e-cigarettes are going to have to address rulings by the Fourth and Eighth Circuits, which largely upheld nearly identical state bans in North Carolina and Iowa, according to a federal judge.

  • August 03, 2026

    Fla. Stalking Victim Sues Apple Over AirTags

    A Florida stalking victim hit Apple Inc. with a suit in federal court over its AirTag products, which the tech giant has promoted as "stalker-proof," alleging her former abusive partner used the devices to track her and their young daughter, whom her ex took at one point in violation of a custody order.

  • August 03, 2026

    IRS Says Reclassification Of Pot Subverts NM Co.'s Tax Claim

    An April order changing the legal classifications of some medical marijuana products actually undermines a New Mexico marijuana company's bid to claim some business deductions rather than supporting it, the Internal Revenue Service told the U.S. Tax Court.

  • August 03, 2026

    Hormel Inks Turkey Price-Fix Deal, Butterball Urged To Settle

    An Illinois federal judge Friday preliminarily signed off on Hormel Foods and Jennie-O's settlement reached with certain buyers' claims in sprawling turkey price-fixing antitrust litigation, while also "strongly" encouraging Butterball to resolve its claims with buyers "to avoid the enormous expenses" in preparing for trial.

  • August 03, 2026

    Fed. Circ. Rejects Amazon Efforts To Halt Patent Suit In Texas

    The Federal Circuit on Monday said it wouldn't force a Texas federal court to pause a suit accusing Amazon of infringing a pair of Headwater Research LLC patents while a similar suit against Google plays out.

  • August 03, 2026

    Hemp Cos. Seek To Block New Virginia THC Cap

    A group of Virginia hemp businesses have filed a federal lawsuit challenging the state's new THC potency caps, which were enacted as part of the budget bill paving the way for a regulated marijuana industry and are due to take effect later this month.

  • August 03, 2026

    GOP Sens. Back FCC Cellphone 'Unlocking' Rules

    Republican senators have endorsed the Federal Communications Commission's effort to adopt a uniform standard for mobile device "unlocking" rules.

  • August 03, 2026

    Mitchell Gold Workers Drop Suit After Bankruptcy Deal

    A former employee of high-end North Carolina furniture company Mitchell Gold + Bob Williams has told a federal judge she was ending her lawsuit alleging the employer failed to give adequate notice of layoffs to hundreds of workers.

  • July 31, 2026

    Law360 Names 2026's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2026, our list of more than 160 attorneys under 40 whose legal accomplishments belie their age.

  • July 31, 2026

    9th Circ. Seeks Nev. High Court Input In Live Nation Class Suit

    The Ninth Circuit Friday sought the Nevada Supreme Court's input on a proposed class action against Live Nation, certifying a question about whether an arbitration agreement is void under Nevada law if "the drafter reserves the unilateral right to modify the entire agreement 'at any time' without notice."

  • July 31, 2026

    Shopify Must Face Revived California Data Privacy Suit

    A California federal judge has refused to dismiss a proposed class action accusing Shopify of secretly collecting California consumers' personal and payment information through its online checkout platform without their consent, finding the plaintiff plausibly alleged the company knowingly designed its system to gather that data.

  • July 31, 2026

    Appeals Courts Upheld Similar E-Cig Regs, Pa. Tells Court

    There's no good reason to block Pennsylvania from enforcing a statewide ban on most vape products, the commonwealth has told a Pennsylvania federal court, saying many appeals courts across the country have come to the same conclusion that such laws are constitutional.

  • July 31, 2026

    District Judge Halts Overlapping Valve Arbitration Fee Suit

    A Washington federal court has paused a proposed class action from gamers seeking nearly $21 million in arbitration fees from Valve as the company appeals an order in another case declining to stop arbitrations against it.

Expert Analysis

  • Series

    Law School's Missed Lessons: The Human Element

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    Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • What New Animal Welfare Enforcement Push Means For Cos.

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    The Trump administration's recently announced multiagency focus on violations of the Animal Welfare Act and related laws will likely lead to broader enforcement actions across industries, heightened scrutiny of compliance standards and a need for businesses to adopt effective risk management practices, says Shennie Patel at Crowell & Moring.

  • How To Engage With Gov't's Direct-To-Consumer Drug Policy

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    The U.S. Department of Health and Human Services' recent request for industry input on manufacturers' direct-to-consumer drug sales reflects the government's caution in this arena, and allows stakeholders a rare opportunity to help shape policy, says Mary Kohler at Kohler Health Law.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • 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.

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