Retail & E-Commerce

  • 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.

  • August 20, 2026

    Under Armour Fights Ex-Supplier's Bid For Antitrust Appeal

    Under Armour wants to keep moving toward a November trial for an ex-supplier's tortious interference claims, arguing that a request to pause the case for an immediate appeal of trimmed antitrust allegations rested on the slim chance the Third Circuit would reverse dismissal of those claims.

  • August 20, 2026

    AmEx Waived Arbitration By Refusing Fees, 1st Circ. Says

    American Express forfeited its right to insist on arbitration in a proposed class action by merchants challenging the company's swipe-fee rules when it failed to pay its share of the arbitrator's fees, estimated to be $17 million, the First Circuit has ruled.

  • August 20, 2026

    KKR Lobs $9B Takeover Offer At UGI, Plus More Rumors

    Private equity behemoth KKR offered to acquire natural gas distributor UGI Corp. for $9 billion, fast-fashion company Shein is eyeing a $25 billion valuation ahead of its anticipated Hong Kong initial public offering, and e-commerce giant Alibaba sold its game developer business to Trustar Capital in a $2 billion deal. Here, Law360 breaks down the notable deal rumors from the past week.

  • August 20, 2026

    Sports Card Seller, Dealer Settle Collapsed Buyout Suit

    A California trading card distributor and Michigan-based House of Hits Sports Cards on Thursday settled their dispute over a proposed six-figure buyout that fell through after House of Hits allegedly failed to render payment under the agreement.

  • August 19, 2026

    Davis Wright Vets Scolded: Don't Tell Foes 'How To Run Firm'

    Davis Wright Tremaine LLP veterans have failed to dodge six-figure sanctions in a prominent discovery donnybrook, and a California magistrate judge added invective to the financial injury, lambasting "troubling" omissions in case citations and heavy-handed "nitpicking" akin to commandeering an adversary's law firm.

  • August 19, 2026

    Amazon Wants Full 9th Circ. To Rethink Block On Perplexity AI

    Amazon is pressing the full Ninth Circuit to consider a lower court's injunction preventing Perplexity's "uniquely reckless" artificial intelligence tool from purchasing items for users on Amazon, arguing that a panel erred in lifting the block earlier this month.

  • August 19, 2026

    FTC Warns Secret Personalized Prices Likely To Draw Scrutiny

    Retailers and other businesses that use consumers' personal data to set individualized prices are likely to face regulatory backlash if these practices aren't clearly disclosed, the Federal Trade Commission cautioned in a proposed policy statement issued Wednesday that vowed the agency would "aggressively" enforce such misconduct.

  • August 19, 2026

    1st Circ. Says Apellis Disclosures Weren't 'Half-Truths'

    A First Circuit panel on Wednesday affirmed the dismissal of a securities fraud lawsuit accusing Apellis Pharmaceuticals and some of its top executives of misleading investors about the safety testing of the company's eye drug Syfovre, finding no actionable claim the company told "half-truths" about potential side effects of inflammation that can lead to blindness. 

  • August 19, 2026

    Albertsons Says Wash. Failed To Prove Opioid Claims At Trial

    Albertsons Cos. Inc. urged a Seattle judge on Tuesday to throw out Washington state's lawsuit accusing the chain and its subsidiary Safeway Inc. of fueling Washington's opioid crisis, arguing that the state failed to prove wrongdoing by the companies after nearly five weeks of an ongoing bench trial.

  • August 19, 2026

    Cracker Barrel Can't Toss ERISA Tobacco Fee Suit

    Cracker Barrel must face a proposed class action alleging that a surcharge on the health plans of workers who used tobacco violated federal benefits law, after a Tennessee federal judge on Wednesday found that an ex-worker sufficiently backed up allegations that a wellness program implementing the fee didn't meet all federal requirements.

  • August 19, 2026

    Apple Makes App Store Policy Changes In Europe

    Apple has made several changes to its policies for app distribution in Europe, after enforcers found restrictions and fees were blocking competition from App Store alternatives and outside payments methods.

  • August 19, 2026

    TaxAct Settles Conn. Claims Of Info Sharing Via Site Trackers

    The Connecticut attorney general announced Wednesday that TaxAct will pay $275,000 to resolve allegations it shared sensitive taxpayer information with Meta and Google via tracking technologies, and will also implement new policies and procedures to track and manage such technologies on its platform. 

  • August 19, 2026

    Burlington Accused Of Requiring Work During Unpaid Breaks

    Three Burlington Coat Factory current and former employees hit the off-price retailer with proposed nationwide collective and class claims alleging workers were routinely required to perform unpaid work on purported meal breaks.

  • August 19, 2026

    Ex-Client Takes Aim At Wilson Elser's 'Duplicative' Experts

    A former Wilson Elser Moskowitz Edelman & Dicker LLP client suing the firm for malpractice asked a New Jersey state court this week to limit the firm to just one expert witness rather than the two it has proposed.

  • August 19, 2026

    5th Circ. Backs Delay Of FDA's 11-Warning Cigarette Rule

    The Fifth Circuit on Tuesday upheld the delay of a U.S. Food and Drug Administration rule requiring the addition of graphic warning labels to cigarette packages, saying tobacco companies that challenged the rule showed the agency likely overstepped its narrow authority to adjust existing warnings by creating two new ones.

  • August 19, 2026

    Ex-Loeb & Loeb RE Pro Joins Greenberg Traurig In NYC

    Greenberg Traurig LLP has hired former Loeb & Loeb LLP real estate partner Brian L. Helweil as a shareholder for its global real estate practice team in New York City, the firm has announced.

  • August 19, 2026

    Trump Delays Canada Tariffs, Says Deal Imminent

    President Donald Trump delayed for three days 50% tariffs on select Canadian goods scheduled to take effect Wednesday in an effort to strike a deal with the Canadian government, he said late Tuesday evening.

  • August 18, 2026

    Lady Gaga Beats Surf Brand's 'Mayhem' TM Infringement Suit

    A California federal judge Tuesday granted Lady Gaga's bid to toss a surf and lifestyle brand's lawsuit accusing her of infringing a "Mayhem" mark on her merchandise, saying the brand failed to sufficiently allege that the pop star's use of the mark explicitly misled consumers.

Expert Analysis

  • Sold Inventory May Drive Tax Treatment Of Tariff Refunds

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    Companies determining the tax treatment of refunds expected following the U.S. Supreme Court's February decision invalidating tariffs imposed under the International Emergency Economic Powers Act should consider whether the tariff costs have already reduced their income considering the cost of goods sold, say attorneys at McDermott.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • Sizing Up The Rescheduling Hurdles Medical Pot Cos. Face

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    The Justice Department’s recent lowering of certain medical marijuana products to Schedule III means operators — particularly those simultaneously offering federally illegal adult-use cannabis — must implement greater structural discipline to navigate an increasingly fragmented legal landscape if they hope to benefit from new tax deductions and access to capital, say attorneys at Akerman.

  • 5 Risks For US Cos. From New EU Product Liability Directive

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    When the European Union's revised Product Liability Directive takes effect this year, it will fundamentally reshape product liability litigation across all EU member states — so U.S.-based companies operating in Europe should prepare now for broader discovery rules, narrower attorney-client privilege and heightened forum-shopping risks, say attorneys at DLA Piper.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • Food Kiosk Merger Offers FTC Insights For Dealmakers

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    The Federal Trade Commission's recent approval of 365 Retail Markets' merger with fellow food-kiosk provider Cantaloupe balances structural divestiture with behavioral provisions, emphasizing the role of early engagement by the parties and the importance of tailored remedies in concentrated markets, say attorneys at Freshfields.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • AG Watch: Reconciling 2 Maryland Data Privacy Statutes

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    In-house counsel should map the interplay between the Maryland Online Data Privacy Act's strictly necessary standard to deliver a requested service, and the Protection From Predatory Pricing Act's exemption of consent-based pricing within loyalty programs, before the state attorney general begins enforcement on the latter in October, says Erek Barron at Mintz.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • Mass. Draft Regs Signal Nationwide Scrutiny Of Junk Fees

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    Massachusetts Attorney General Andrea Campbell's new draft regulations for assisted living facilities is only her latest move in the war on junk fees — and part of a national reordering of consumer protection enforcement in which states are aggressively and creatively asserting authority, says Steve Provazza at Arnall Golden.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

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