Retail & E-Commerce

  • August 21, 2026

    3rd Circ. Nixes Fee Award, Allowing Lontex-Nike TM Deal

    The Third Circuit has granted clothing-maker Lontex Corp. and Nike Inc.'s joint bid to nix an attorney fees ruling after the parties reached a settlement in a lawsuit over Nike's use of the phrase "cool compression," saying this was "one of the rare cases" where a vacatur is appropriate.

  • August 21, 2026

    Butterball Signs $34M Price-Fixing Deal With Turkey Buyers

    Butterball LLC has agreed to shell out $34 million to put to rest turkey buyers' claims in sprawling price-fixing litigation, according to a motion filed Friday in Illinois federal court, bringing the long-running battle to an end ahead of a scheduled trial.

  • August 21, 2026

    Texas Hemp Cos. Bring New Challenge To Delta-8 Rules

    A group of companies in the hemp industry asked a Texas state court to pare back Department of State Health Services actions that curb delta-8 in hemp, taking another swing at agency rules after the Texas Supreme Court rejected a similar case.

  • August 21, 2026

    Ex-Abercrombie CEO Fit For Sex-Trafficking Trial

    A Brooklyn federal judge found Friday that former Abercrombie & Fitch CEO Michael Jeffries is mentally fit to stand trial for sex trafficking after a four-month rehabilitation committal.

  • August 21, 2026

    Produce Co. Says Staffing Firm Owes Defense In Pot Test Suit

    Plant-based protein food producer Myrtle Greens says it shouldn't be on the hook in a hiring discrimination lawsuit filed by a man who was turned away from a delivery job due to a positive drug test, arguing that all hiring is done by a third-party contractor that allegedly agreed to indemnify the food-maker.

  • August 21, 2026

    Natural Fish Co.'s Sardines Contain Arsenic, Says Suit

    Natural canned seafood company Wild Planet Foods Inc. was hit with a proposed class action in California federal court alleging that its sardines contain dangerous levels of arsenic above the state's Proposition 65 threshold and exceeding the levels found in competitors' products.

  • August 21, 2026

    Albertsons Twists Record In Opioid Trial Motion, Wash. Says

    Washington state is urging a Seattle judge to reject Albertsons' latest dismissal bid in a suit accusing the grocery giant of fueling the state's opioid epidemic, arguing the motion rehashes failed arguments and distorts evidence presented over the past five weeks in an ongoing bench trial.

  • August 21, 2026

    NJ Medicaid Fee Law Barred By ERISA, Trade Groups Argue

    A coalition of restaurant, retail and hotel industry groups has urged a New Jersey federal court to strike down a state law requiring businesses to pay a fine when their employees are enrolled in the state Medicaid program, arguing the statute conflicts with federal benefits law.

  • August 21, 2026

    Meta Tells DC Circ. To Reject FTC Appeal

    Meta Platforms Inc. urged the D.C. Circuit not to revive the Federal Trade Commission's monopolization lawsuit targeting its purchases of WhatsApp and Instagram, arguing Thursday that a D.C. federal judge correctly held that in the here and now, competition from TikTok and YouTube means it "has no monopoly."

  • August 21, 2026

    Apple's ICloud Private Relay Leaks User IP Address, Suit Says

    Apple misleads paying iCloud+ subscribers into believing its Private Relay feature hides their IP addresses and browsing activity in its default web browser, Safari, but flaws in Apple's technology expose that information, alleges a proposed class action lodged in California state court.    

  • August 21, 2026

    $21M Deal Confirmed In Chinese E-Commerce Merger Suit

    A New York federal judge confirmed a final arbitration award approving a $21 million settlement reached in a long-running shareholder class action against Chinese e-commerce giant Dangdang, which alleged that minority shareholders were shortchanged when the company went private in 2016.

  • August 20, 2026

    Vape Shop Says NC University Wants It Out Of Nextdoor Plaza

    A North Carolina-based vape shop sued High Point University in state court, accusing the private university of illegally trying to force it out of an adjacent shopping center by, among other things, having guards turn prospective customers identified as students away from the center's parking lot based on "campus rules."

  • August 20, 2026

    Costco Asks Judge To Rethink Ruling, Toss Moonlighting Suit

    Costco is urging a Washington state judge to reconsider her order denying its bid for a pretrial win over claims that it illegally bars workers from taking on additional employment, arguing that its employee agreements are sufficiently narrow and that plaintiffs' claims are "simply speculation and attorney argument."

  • August 20, 2026

    Sephora Denied Wash. Workers Breaks, Class Action Says

    Sephora is facing a proposed class action from a former employee who claims the beauty retailer deprived Washington state workers of legally required meal and rest periods and failed to compensate them for missed breaks.

  • August 20, 2026

    Fla. Panel Reinstates $6.8M Injury Verdict Against Walmart

    A Florida state appeals court has reinstated a $6.8 million verdict awarded to a woman severely injured after she was struck by a pallet jack while shopping, saying a retrial was unwarranted because there was insufficient evidence jurors improperly discussed the case.

  • August 20, 2026

    TikTok's Ex-Legal Head Made Racist Comments, Suit Says

    TikTok and its former head of global legal operations have been accused in a California state court lawsuit of harassment and discrimination based on race and sex by a former legal department employee who claims the executive subjected her and other nonwhite colleagues to an "unrelenting campaign of harassment."

  • August 20, 2026

    9th Circ. Revives Can-Am Fuel Claims Against Sinclair, Glovis

    A unanimous Ninth Circuit panel on Thursday revived Can-Am Fuel Distribution LLC's federal franchise claims against Sinclair Oil LLC and Glovis America Inc., holding the companies' licensing agreements are covered by the Petroleum Marketing Practices Act despite an "unusual variation" in the parties' relationship.

  • August 20, 2026

    Ruling Clears Path For Nov. 3 Vote On Miami Marina Project

    A Florida state judge has declined to block a November voter referendum on a developer's proposed $80 million overhaul of a city-owned Miami marina site in a July lawsuit aiming to invalidate the deal brought by the marina's operator.

  • August 20, 2026

    Ticket Buyers Ask 2nd Circ. To Nix Live Nation Arbitration

    Concertgoers who purchased tickets on the secondary market are asking the Second Circuit to vacate a lower court's decision forcing them to arbitrate their antitrust claims against Live Nation and its Ticketmaster unit.

  • August 20, 2026

    Smoke Shop Chain Misclassified Workers, Owes OT, Suit Says

    A chain of Houston-area smokeshops and their owners allegedly misclassified their employees as independent contractors to avoid paying overtime, according to a worker-led lawsuit filed in Texas federal court seeking unpaid wages for similar employees.

  • August 20, 2026

    Fashion Biz Founder Gets 5 Years For Large-Scale Fraud

    A federal judge in New York sentenced the founder of bankrupt apparel company CaaStle to five years in prison on Thursday after she admitted to deceiving investors about the prospects of her supposed $1.4 billion business to fraudulently raise nearly $300 million.

  • August 20, 2026

    Nintendo Customer Fights To Keep Tariff Refund Suit Alive

    A Washington federal court should deny Nintendo's attempt to escape a proposed class action seeking reimbursement of costs that customers paid toward President Donald Trump's since-invalidated global tariff regime now that the company is pursuing refunds, a customer told the court.

  • August 20, 2026

    Estee Lauder's TM Suit 'Full Of Detail,' Judge Tells Walmart

    A California federal judge said Thursday he is skeptical of Walmart's motion to dismiss much of Estee Lauder's lawsuit accusing the retail giant of selling infringing beauty products online, saying he is unsure the pleadings are inadequate at this stage because he found them "chock full of detail."

  • August 20, 2026

    Trade Groups Back Apple In 9th Circ. Class Decert. Fight

    The U.S. Chamber of Commerce and other trade and advocacy groups backed Apple Wednesday with amicus briefs telling the Ninth Circuit to reject an appeal from consumers looking to undo the decertification of a class of roughly 200 million people in an antitrust case targeting App Store policies.

  • August 20, 2026

    Conn. Nissan Dealer Will Pay $4M To End FTC's Junk Fee Suit

    A Connecticut federal judge on Thursday approved a $4 million deal to resolve claims from government enforcers that a Nissan dealership broke consumer protection laws by adding deceptive junk fees to vehicle sale prices.

Expert Analysis

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

    Author Photo

    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

    Author Photo

    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

    Author Photo

    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

    Author Photo

    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Opinion

    Current Consumer Protection Laws Can Fit Agentic Commerce

    Author Photo

    While agentic commerce — artificial intelligence that searches, compares and makes purchases for customers — doesn't warrant a new consumer protection regime, it will require companies to design compliance into their products from the outset and challenge regulators to consistently apply existing laws, says Katherine Adkins at Affirm.

  • Drawing A Line Between Settlement Pressure And Extortion

    Author Photo

    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

    Author Photo

    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

    Author Photo

    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • Texas AG's Payola Theory May Reach Beyond Music Platforms

    Author Photo

    Texas Attorney General Ken Paxton recently issued investigative demands to five major music streaming platforms, appearing to invoke the payola concept as a consumer protection theory against the streaming business, a novel application that could extend to other companies monetizing on ranking, visibility or recommendation placement, say attorneys at Benesch.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

    Author Photo

    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

    Author Photo

    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

    Author Photo

    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

    Author Photo

    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Reducing Youth Product Risks When No Standards Apply

    Author Photo

    As juvenile product manufacturers and retailers face heightened U.S. Consumer Product Safety Commission enforcement actions and attendant litigation risks, companies must not only comply with applicable standards, but also confront the problem of how to protect themselves when there are no standards to comply with, say attorneys at Chamberlain Hrdlicka.

  • Series

    Cow Horse Makes Me A Better Lawyer

    Author Photo

    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Retail & E-Commerce archive.