Retail & E-Commerce

  • September 16, 2026

    11th Circ. Revives Walmart Malicious Prosecution Claim

    The Eleventh Circuit affirmed Wednesday a lower court's decision to assert jurisdiction over some, but not all, of the state law claims leveled by a man who sued Walmart after a shoplifting arrest, but revived a malicious prosecution claim against the retail giant. 

  • September 16, 2026

    FTC Deal Bars Gunmakers From Overlapping Board Members

    Beretta Holding SA is swearing off putting any of its own executives on fellow gunmaker Ruger's board under a Federal Trade Commission settlement announced Wednesday addressing competitive overlap concerns from a more than $100 million deal that will increase Beretta's stake in the company from 9.95% to up to 25%.

  • September 16, 2026

    Footwear Co. Not Covered In Email Class Fight, Insurers Say

    Three Nationwide units said they owe no coverage to a footwear company accused of violating Washington state law by sending misleading email advertisements, telling a Washington federal court that coverage is barred by an exclusion for the distribution of material in violation of law.

  • September 16, 2026

    Apple Backs Its $132K Fee Ask Over 'Bad Faith' Subpoenas

    Apple has urged a California federal magistrate judge to grant its $132,700 attorney fee request as a sanction against plaintiff consumers' lead lawyer in antitrust litigation claiming Google muscles out rival search engines, but said Apple's counsel doesn't want to disclose their "highly and competitively sensitive" negotiated legal rates.

  • September 16, 2026

    6th Circ. Ruling Puts Cannabis Deals In Question

    The Sixth Circuit's decision reversing a $31.8 million jury judgment against cannabis giant Curaleaf on the grounds that marijuana is federally illegal is bound to have ramifications for industry players who seek redress in federal courts, attorneys told Law360.

  • September 16, 2026

    EU Eyes Canada As First Associate Member Amid Rift With US

    The European Union may take steps to include Canada as its first associate member in the wake of growing U.S. trade uncertainty, European Commission President Ursula von der Leyen said Wednesday.

  • September 15, 2026

    Fintech Co. Says Nuvei Bungled Mastercard Transactions

    Chicago-based fintech and futures prop trading firm Topstep has sued Nuvei Technologies in Arizona federal court, alleging the payment processor concealed a system error that bungled 189,000 Mastercard transactions and then tried to improperly resubmit them, leaving Topstep's customers "blindsided with unexpected charges" and resulting in reputational harm to Topstep.

  • September 15, 2026

    Enova Cites Regulatory Uncertainty As It Ends Bid For Bank

    Fintech lender Enova International has scrapped a proposed $369 million purchase of Grasshopper Bancorp Inc., dropping its closely watched bid to enter the federal banking system after months of regulatory review and criticism from consumer advocates.

  • September 15, 2026

    Ex-Fintech CEO Must Face Investors' Market Manipulation Suit

    A New Jersey federal judge has ruled the former CEO of Future FinTech Group must face investor claims that he manipulated the company's share price to create an illusion of market demand after the company's failed reinvention from selling fruit juice to blockchain e-commerce.

  • September 15, 2026

    Walmart, Retail Groups Doubt Value Of $200B Swipe Fee Deal

    Major retail trade associations and Walmart are objecting to a $200 billion settlement over Visa and Mastercard swipe fees in New York federal court, saying the court should decertify the class or at least allow opt-outs so merchants can preserve "valuable claims that class counsel are trading away for nothing."

  • September 15, 2026

    Costco Tequila Buyers Say Agave Certification Isn't Conclusive

    Tequila buyers who claim Costco falsely labeled Kirkland Signature-brand tequila told a Washington federal judge on Tuesday that a Mexico-based council's certification of the bottles as "100% agave" isn't enough to extinguish their deceptive marketing case against the U.S. retailer.

  • September 15, 2026

    Weedmaps Sex Harassment Suit Stayed Amid Arbitration Bid

    Weedmaps has gotten paused a pregnancy and sexual harassment lawsuit accusing the company of fostering a hostile work environment where the CEO made "sexually demeaning" comments about women, with a California state judge saying she wants to decide whether the case should go into arbitration.

  • September 15, 2026

    Haleon Sued Over 'Zero Sugar' Claim In Emergen-C Gummies

    Haleon US Holdings was hit with a proposed class action in California federal court Sunday, which accused the consumer healthcare giant of deceptively labeling its Emergen-C immune support gummies as containing "zero sugar," even though they are sweetened with allulose, which is a sugar under federal regulations.

  • September 15, 2026

    Lego Accused Of Infringing Interactive Toy Patents

    An Israeli patent owner on Tuesday hit Lego with a lawsuit in Texas federal court accusing the toymaker's Smart Play interactive building system of infringing patents covering motion-sensitive toys that communicate wirelessly and respond with lights and sounds.

  • September 15, 2026

    ​​​​​​​Aftership Hit With Class Action Over Hidden 'Protection' Fees

    Aftership Inc. has been hit with a proposed class action accusing it of misleading consumers into believing pre-selected "Aftership Protection" fees added to online orders were mandatory shipping costs instead of optional add-ons that needed to be declined.

  • September 15, 2026

    NYC Asks 2nd Circ. To Greenlight Uber, Lyft Deactivation Law

    New York City has urged the Second Circuit to lift an injunction blocking a municipal ordinance prohibiting Uber and Lyft from "deactivating" drivers without formal notice and investigation, arguing that the lower court wrongly found that the companies would likely win their contract claims.

  • September 15, 2026

    Trade Court Orders Better Explanation For Indian Glycine Rate

    The U.S. Department of Commerce must give a better explanation for why it chose to hit an Indian exporter of glycine with an antidumping duty rate it reached using a different calculation method than expected, the U.S. Court of International Trade ruled.

  • September 15, 2026

    Former Cannabis Co. Exec Seeks $400K Over Contract Breach

    New York cannabis company Ascend Wellness Holdings Inc. must fork over the $400,000 in unpaid wages and other benefits owed to a former executive, the former employee argued in federal court, saying that the company has admitted it never gave written cause when firing him, thereby violating his contract.

  • September 15, 2026

    Justices Asked To Resolve Cannabis Dormant Commerce Split

    A California litigator's campaign of lawsuits alleging that state and local cannabis regulatory regimes violate the U.S. Constitution's dormant commerce clause has culminated in a petition for a writ of certiorari which appeared on the U.S. Supreme Court's docket Tuesday.

  • September 15, 2026

    1st Circ. Presses Amex On Merchant Arbitration Rule Change

    A First Circuit panel on Tuesday pushed back on assertions by American Express that unilateral changes to the terms of its merchant agreement did not invalidate it, as a lower court found last year in denying the card issuer's motion to compel arbitration in a dispute over anti-steering rules.

  • September 15, 2026

    Call Center Seeks Coverage For $5M Adidas Data Breach Deal

    A Wisconsin business process outsourcing company said in federal court that a Chubb unit breached its policy when the insurer refused to cover $5 million the call center paid to Adidas to resolve claims over data breaches that compromised the sneaker giant's customers' personal information.

  • September 15, 2026

    F-150 Drivers Denied Class Cert. In Ford Transmission Suit

    An Illinois federal judge has denied class certification to a group of Ford F-150 owners who allege Ford shipped vehicles with defective transmissions, finding their warranty claims are blocked by a class action waiver, and they failed to show there was a common defect among class vehicles.

  • September 14, 2026

    Albertsons Owes $2.2B For Opioids, Wash. Says As Trial Ends

    Albertsons should pay $2.2 billion to address opioid-related harms in Washington, attorneys for the state argued at the close of a two-month bench trial Monday in contending that the pharmacy failed for years to appropriately identify and review suspicious prescriptions that fueled the state's overdose crisis.

  • September 14, 2026

    Under Armour Can't Duck Suit Alleging Massive Data Breach

    A Maryland federal judge has denied Under Armour's bid to nix a proposed class action alleging a November data breach leaked the personal information of more than 72 million of its consumers and employees, saying the plaintiffs sufficiently claimed the breach caused them harm such as identity theft.

  • September 14, 2026

    Chinese Co. To Pay SEC $500K Over Sham Transactions Claim

    China-based retail platform operator Dada Nexus will pay $500,000 to settle the U.S. Securities and Exchange Commission's claims that its employees carried out fraudulent transactions that allowed the company to overstate its net revenues and costs in filings with the agency.

Expert Analysis

  • Fed. Circ.'s Christmas Tree Verdict Presents Patent Suit Tips

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    The Federal Circuit's recent decision in Willis Electric v. Polygroup, upholding a $42.5 million verdict for infringing an artificial prelit Christmas tree patent, underscores important strategies and considerations for both patent owners and accused infringers when dealing with obviousness challenges and damages calculations, say attorneys at BCLP.

  • OFAC Signals Sanctions Diligence Can't Stop At 50% Rule

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    Recent guidance from the Office of Foreign Assets Control, along with several enforcement actions looking beyond the 50% formal ownership requirement, sends a clear message that sanctions due diligence must consider a variety of factors, including degree of control, practice of actual dealings and the involvement of proxies, say attorneys at Jenner & Block.

  • Series

    Officiating Football Makes Me A Better Lawyer

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    Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

  • Written Consent Ruling May Signal Change For Telemarketing

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    The Fifth Circuit's ruling in Bradford v. Sovereign Pest Control is a takedown of the Federal Communications Commission's prior express written consent regulation, and because Loper Bright empowers courts to disregard agency interpretations, Telephone Consumer Protection Act litigants now have an opportunity to challenge previously settled FCC regulations, orders and interpretations, say attorneys at Manatt.

  • Series

    Law School's Missed Lessons: How To Draft Pleadings

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    Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

  • Mitigating Multistate Risks As California Expands Tax Reach

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    Though California's new sourcing rules and extension of the pass-through entity election have created uncertainty, practitioners should file protective returns to respect the law's ambiguity and take certain other steps to protect clients from the costs of losing a future audit, says attorney Delina Yasmeh.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

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    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

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    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

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    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • What Cos. Should Look For As Minn. Plans PFAS Product Ban

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    As regulators finalize rulemaking for Minnesota's sweeping restrictions on per- and polyfluoroalkyl substances in consumer and commercial products, manufacturers, importers, distributors and retailers should pay attention — especially to how the pathway for essential use exemptions ends up being defined, say attorneys at Alston & Bird.

  • 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.

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