Retail & E-Commerce

  • 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.

  • July 31, 2026

    FTC, Southern Glazer Need More Time To Finalize Settlement

    The Federal Trade Commission has told a California federal judge that it needs a little more time to work out the finer points of its settlement with Southern Glazer's Wine and Spirits, which would end the agency's first Robinson-Patman Act case in decades.

  • July 31, 2026

    Hotel Booking Cos. Ink $1.1M Deal To End Wash. AG's Suit

    Hotel booking companies Lexyl Technologies LLC and Bookonline.com LLC agreed to pay nearly $1.1 million to resolve claims from Washington's attorney general that the platforms deceptively added a "refund protection fee" to users' reservations, according to a settlement announced Friday.

Expert Analysis

  • Opinion

    CBP's $166B Tariff Refund Portal Needs 4 Safeguards

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    Before launching its automated web portal to process tariff-refund disbursements on April 20, U.S. Customs and Border Protection should apply the expensive lessons learned from the pandemic-era employee retention credit, says Peter Gariepy at RubinBrown.

  • Decoding Arbitral Disputes: Tracing Paths To Award Recovery

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    Recent subpoenas to Adidas and Hilton deployed in Blasket Renewables v. Spain, pending in D.C. federal court, show arbitration award recovery to be a disciplined exercise in constructing visibility, applying pressure and sequencing procedural advantage, says Josep Galvez at 4-5 Gray's Inn Square.

  • How CFPB Opinion Changes Earned Wage Access Definition

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    The Consumer Financial Protection Bureau's recent conclusion that earned wage access is not "credit" for purposes of Regulation Z of the Truth in Lending Act improves on prior guidance on these products in several meaningful ways, say attorneys at K&L Gates.

  • 'Made In America' EO May Not Survive Section 230

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    President Donald Trump's recent executive order to combat fraudulent "Made in America" claims in advertising directs the Federal Trade Commission to deem online marketplaces' failure to verify third-party origin claims as unlawful, but such a rule would likely run into Section 230's publisher immunity doctrine, say attorneys at Blank Rome.

  • Assessing EcoFactor's Impact On Damages Experts' Opinions

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    Though the Federal Circuit's ruling in EcoFactor v. Google gave rise to concerns that damages experts would be forced to rely on undisputed facts, recent case law suggests that those concerns are unwarranted, says Christopher Loh at Venable.

  • Opinion

    Apple Discovery Fight Could Revive DOJ's Antitrust Appetite

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    Winning discovery disputes in the ongoing federal antitrust litigation over Apple’s app store practices is a huge opportunity for the Justice Department to return to its once-vigorous pursuit of product tying by tech monopolies, catch up with foreign competition regulators and establish clear standards for digital markets, says Ediberto Roman at Florida International University.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • Calculating Damages In IEEPA Tariff Refund Litigation

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    To calculate damages in the spate of refund litigation triggered by the U.S. Supreme Court's recent decision invalidating tariffs collected under the International Emergency Economic Powers Act, the central question will be how to determine where in the supply chain their economic burden ultimately came to rest, say analysts at Charles River Associates.

  • 'Made In America' Rules Raise Stakes For Gov't Contractors

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    The convergence of widely varying "buy American" requirements, increased enforcement efforts and continuing regulatory attempts to limit foreign sourcing suggests that government contractors should carefully review their supply chain and country-of-origin compliance to remain competitive, say attorneys at Arnold & Porter.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • Opinion

    Wash. Amazon Ruling Should Reshape Suicide Liability

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    The Washington Supreme Court's reinstatement of negligence claims in Scott v. Amazon.com, brought by the families of people who died by suicide after purchasing chemicals online, signals a reckoning for digital commerce and the rejection of the defense that online marketplaces are merely passive technology platforms, says Donald Fountain at Clark Fountain.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Appellate Strategy Lessons From Pa. Excess Coverage Ruling

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    In FedEx v. National Union Fire Insurance, a Pennsylvania state court recently set forth a clear holding that policyholders may recover postjudgment interest under excess liability insurance policies only when the policy language expressly allows, offering important takeaways for planning appeals, say attorneys at Hunton.

  • How Cos. Can Prepare For 'Made In America' Ad Scrutiny

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    The Trump administration's executive order to combat fraudulent "Made in America" claims in consumer-facing advertising, along with actions by the Federal Trade Commission, suggest a potential increased focus on consumer protection and pricing-related matters, say attorneys at Skadden.

  • Similar-Looking Designs May Not Always Prove Infringement

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    The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented design once design features driven by functionality are filtered out from consideration, say attorneys at BCLP.

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