Retail & E-Commerce

  • May 20, 2026

    AGs Seek Crackdown On Customized Food Pricing

    Online food delivery platforms are charging people differently based on the personal data they glean from their smartphones, and the Federal Trade Commission ought to force companies to be upfront about it, say 16 state attorneys general.

  • May 20, 2026

    9th Circ. Questions Jack Daniel's TM Win Over 'Bad Spaniels'

    A Ninth Circuit panel on Wednesday questioned whether Jack Daniel's proved that any mark beyond its name was famous enough to support a tarnishment ruling against VIP Products' poop-themed "Bad Spaniels" dog toy, while pressing both sides on whether courts should compare the parties' marks alone or also consider the toy's bottle-like design and crude humor.

  • May 20, 2026

    Hagens Berman Says Apple Smear Job Can't Stop Withdrawal

    Hagens Berman Sobol Shapiro LLP urged a California federal judge to allow one of its named plaintiffs to withdraw from an Apple iCloud antitrust case, saying Apple Inc.'s filed opposition is rife with "misdirection and ad hominem" attacks and not about the merits of the dispute but "smearing opposing counsel."

  • May 20, 2026

    Gas Co. Asks Court Review Agency's Allowances Decision

    Colorado Natural Gas Inc. urged a Colorado state judge to review a state agency's decision that the company says improperly expanded a 2023 statute intended to eliminate incentives for establishing gas service.

  • May 20, 2026

    7th Circ. Weighs If Abbott Warning Would Change NEC Care

    A Seventh Circuit judge on Wednesday pushed counsel for a mother asking to revive her lawsuit claiming Abbott Laboratories' infant formula caused her premature daughter to develop a fatal gut disease to address whether the mother had a burden to identify a more adequate warning that would have prompted her baby's treating physicians to act differently.

  • May 20, 2026

    US Trustee Says QVC Ch. 11 Releases Run Afoul Of Law

    The U.S. Trustee's Office asked a Texas bankruptcy judge to withhold approval of home shopping company QVC's Chapter 11 plan, saying its method for establishing creditor buy-in for releases is inappropriate.

  • May 20, 2026

    Target Says Tuna Label Suit Rests On Generalized Grievances

    Target urged a California federal judge to nix a proposed class action alleging its Good & Gather tuna products are deceptively labeled as "sustainably caught," arguing Tuesday the plaintiff takes issue with the global commercial tuna fishing industry, which "may reflect some bad actors, but none by Target's suppliers."

  • May 20, 2026

    Home Delivery Co. Denied Full Pay, Breaks, Suit Says

    A home delivery company used a shifting piece-rate and hourly pay system and denied workers required breaks, leaving employees uncompensated for travel time, standby work, overtime and interrupted meal periods, according to a proposed class action filed in Colorado state court.

  • May 20, 2026

    FCC Clears Nokia Routers After DOD Security Review

    Nokia will still be able to import some of its foreign made routers after receiving the Federal Communications Commission's blessing and conditional approval and exemption from the agency's covered list of equipment the agency has deemed a national security risk.

  • May 20, 2026

    NM Marijuana Co. Says IRS Misinterprets Drug's Status

    A careful reading of the law shows marijuana is not, as the IRS argues, a controlled substance under federal law, a New Mexico cannabis dispensary operator told the U.S. Tax Court in support of its business expense deductions claimed during 2017 through 2019.

  • May 20, 2026

    Va. Gov.'s Cannabis Bill Veto Keeps State In Legal Limbo

    Virginia Gov. Abigail Spanberger's veto of legislation to tax and regulate the sale of adult-use cannabis will keep the commonwealth in a state of cannabis legal limbo for the foreseeable future.

  • May 20, 2026

    Missouri Budtenders Say Dispensary Group Mishandled Tips

    A proposed class of budtenders for dispensaries run by GL Partners Inc. is suing in Missouri federal court, alleging the dispensaries are violating federal labor laws by sharing tips with managerial staff and otherwise mishandling them to use as petty cash or to balance cash registers.

  • May 19, 2026

    Shoppers Seek Fees At 9th Circ. For Kroger, Albertsons Fight

    Counsel for grocery store consumers urged the Ninth Circuit on Tuesday to find they substantially prevailed in their proposed class action challenging Kroger's since-abandoned $24.6 billion bid for Albertsons and are entitled to attorney fees, arguing that the lower court wrongly concluded the case was mooted by other federal actions blocking the merger.

  • May 19, 2026

    States Tell CIT To Reject Gov't's Request To Stay Tariff Ruling

    The federal government's arguments to stay a permanent injunction against the collection of President Donald Trump's temporary global duties for two small businesses and the state of Washington while it appeals the ruling are overblown, a coalition of states told the U.S. Court of International Trade on Tuesday.

  • May 19, 2026

    Amazon Keeps Tenn. Sales Tax Suit In Wash. Federal Court

    A Tennessee shopper's proposed class action accusing Amazon of collecting excessive sales tax will remain in Washington federal court, a Seattle judge ruled Monday, concluding that the case's value "more likely than not" exceeds a $5 million threshold under the federal Class Action Fairness Act.

  • May 19, 2026

    Toxicologist Denies J&J Wanted To 'Control' Talc Study

    A former Johnson & Johnson toxicologist denied the company controlled a 1970s study of talc miners by insisting "you do not control" people like the professor behind the study, in a video deposition shown Tuesday to a California jury considering bellwether claims the company's talc products caused deadly ovarian cancer in three women.

  • May 19, 2026

    Skechers Can't Kick Wash. Antispam Class Suit, Judge Rules

    A Washington federal judge rejected Skechers USA Inc.'s effort to throw out a proposed class action accusing the footwear giant of blasting state residents with unsolicited and misleading spam emails, ruling Tuesday that Washington's antispam law is consistent with federal law.

  • May 19, 2026

    Squires Ends Samsung-Requested IPR Over Related PGR

    The Patent Trial and Appeal Board will no longer conduct an inter partes review into the validity of an Omni MedSci wearable device patent, now that there will be a separate post-grant review.

  • May 19, 2026

    Valve's Pivot On Gamer Arbitrations Gives Wash. Judge Pause

    A Washington federal judge Tuesday appeared conflicted over Valve Corp.'s bid for a court order to block hundreds of gamers from arbitrating consumer protection claims, pressing the game developer on its evolving arbitration stance while suggesting users agreed to updated terms requiring such disputes to be resolved in court.

  • May 19, 2026

    Momcozy Hit With Class Action Over Defective Bottle Sterilizer

    Two mothers have hit baby product company Root Technology Ltd. with a proposed class action in New York federal court alleging that the Momcozy brand countertop washer for bottles is defective since the necessary high sterilization temperatures cause plastic parts to break off, creating a choking hazard for infants.

  • May 19, 2026

    Revoking Workers' Comp A 'Slippery Slope,' Pa. Justice Says

    A Pennsylvania Supreme Court justice Tuesday warned that cutting off workers' compensation benefits for disregarding a doctor's general health advice, such as not smoking, could be a "slippery slope" that leads to the end of coverage for many across the state.

  • May 19, 2026

    Costco Calls Suit Over Tariff Refunds Premature

    Costco urged an Illinois federal court to toss a putative consumer class action seeking to recoup the higher costs that shoppers paid under President Donald Trump's global tariffs, contending that the case is premature in the wake of uncertain corporate refunds. 

  • May 19, 2026

    Google Accused Of Bias Against Dad Who Took Baby Leave

    Google's former global sales manager was targeted for taking protected medical leave and baby bonding leave and "treated with a lack of empathy and understanding for needing time off as a single father," he alleged in a discrimination lawsuit filed in Los Angeles County Superior Court.

  • May 19, 2026

    Chinese Testing Lab Urges FCC Caution On 'Reciprocal' Rule

    A Chinese equipment testing lab says the Federal Communications Commission needs to tread carefully in crafting new rules demanding "reciprocal" agreements to test communications gear, or risk disrupting U.S. supply chains.

  • May 19, 2026

    Food52 Confirms Ch. 11 Liquidation Plan

    A Delaware bankruptcy judge Tuesday agreed to confirm the Chapter 11 liquidation plan for e-commerce group Food52, trimming a few features of the plan including releases for the debtor and the creditors committee.

Expert Analysis

  • Business Considerations Amid Hemp Product Policy Change

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    With the passage of a bill fundamentally narrowing the federal definition of "hemp," there are practical and business considerations that brands, manufacturers and other parties should heed over the next year, including operational strategies, evaluating contract and counterparty risk, and tax implications, say attorneys at Foley Hoag.

  • Disney's OpenAI Deal Could Be Turning Point In IP Licensing

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    The Disney-OpenAI agreement last month is less an anomaly than an early attempt to define what licensed generative use of entertainment intellectual property looks like in practice, including how artificial intelligence user-generated content is permitted without eroding ownership and control, says Alex Locke at Meister Seelig.

  • Series

    Judges On AI: How Courts Can Boost Access To Justice

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    Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.

  • Opinion

    DHS' Parole Termination Violates APA And Due Process

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    The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.

  • Shopify Suit Is An Early Antitrust Test Of 'Buy Now, Pay Later'

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    An ongoing antitrust suit in Minnesota federal court filed by Sezzle against Shopify — one of the earliest such lawsuits focused on buy now, pay later services — could play a particularly informative role in how short-term credit offerings and the broader market develop, say attorneys at Alston & Bird.

  • Opinion

    The Case For Emulating, Not Dividing, The Ninth Circuit

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    Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.

  • Series

    Mass. Banking Brief: All The Notable Legal Updates In Q4

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    Among the most significant developments on the banking regulation front in Massachusetts last quarter, Attorney General Andrea Joy Campbell announced her bid for reelection, and the state Division of Banks continued its fintech focus by finalizing rules implementing a new money transmitter law, say attorneys at Nutter.

  • Series

    Muay Thai Makes Me A Better Lawyer

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    Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.

  • Higher Expectations For 'Schedule A' IP Suits On The Horizon

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    Two 2025 rulings may reflect a growing judicial discomfort with the current state of Schedule A litigation — intellectual property lawsuits that typically involve brand owners suing multiple defendants doing business on e-commerce platforms — and that evidentiary submissions and temporary restraining order requests may face more rigorous review, says Dylan Scher at Quinn Emanuel.

  • Series

    Law School's Missed Lessons: Intentional Career-Building

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    A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.

  • State AG Enforcement During CFPB Gap Predicts 2026 Trends

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    State attorneys general responded to the decrease in Consumer Financial Protection Bureau enforcement in 2025 by stepping in to regulate consumer finance more than ever before, and the trends in rebooting CFPB investigations, cracking down on ESG and DEI initiatives, and fighting financial exploitation of homeowners will likely extend into 2026, say attorneys at Cozen O'Connor.

  • Series

    A Day In The In-House Life: Chime GC Talks Pathfinding

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    On a recent Tuesday in the office, Chime's general counsel Adam Frankel shares his typical work day, tackling everything from strategically guiding product launches and testing AI tools to mastering the perfect latte and making time for extracurricular interests.

  • How Settlement In Texas TCPA Case Affects Text Marketing

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    The recent settlement in Ecommerce Innovation Alliance v. State of Texas, which challenged the constitutionality of expanded registration requirements of the Texas mini-Telephone Consumer Protection Act, is a substantial win for companies concerned about being penalized by Texas regulators or other financial exposure for sending consented-to marketing texts, but the expanded private right includes other traps for the unwary, say attorneys at Womble Bond.

  • Preparing For Congressional Investigations In A Midterm Year

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    2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.

  • Key Trends Shaping ESG And Sustainability Law In 2026

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    2025 saw a chaotic regulatory landscape and novel litigation around environmental, social and governance issues and sustainability — and 2026, while perhaps more predictable, will likely be no less challenging, with more lawsuits and a regulatory tug-of-war complicating compliance for global companies, say attorneys at Crowell.

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