Retail & E-Commerce

  • June 01, 2026

    ITC To Review Ruling That Ended Juul Vape Patent For Njoy

    The U.S. International Trade Commission will take a second look at a ruling that threw out a Juul nicotine patent and dismissed the company's complaint accusing Altria and its Njoy brand of selling infringing vaporizer products, asking both sides to clarify how a key phrase in the patent should be understood.

  • June 01, 2026

    Garmin's Smart Scale Uses Estimates In Readings, Suit Says

    Garmin has been hit with proposed class consumer fraud claims by an Illinois customer who says the company illegally misrepresents that its Index smart scale can accurately measure someone's body composition.  

  • June 01, 2026

    Royo Is Healthwashing Keto-Friendly Baked Goods, Suit Says

    Health-forward baked goods company Royo Bread has been hit with a proposed false advertising class action in New York federal court, accusing it of "health-washing" its line of keto-friendly, low-calorie bread, rolls and bagel products by claiming they contain fewer calories than they actually do. 

  • June 01, 2026

    Ill. Swipe-Fee Law Blocked For Most Banks, Slated For Delay

    A Chicago federal judge ruled Monday that Illinois cannot enforce its landmark ban on tax-and-tip swipe fees against most banks, handing the banking industry a major legal win the same day that state lawmakers voted separately to delay the ban altogether until next year.

  • June 01, 2026

    Fat Brands Clears Hurdle To Pitch Post-Sale Ch. 11 Plan

    A Texas bankruptcy judge granted conditional approval for the disclosure statement of Fat Brands' Chapter 11 plan, allowing the chain restaurant operator to seek creditor votes on its post-sale liquidation plan.

  • June 01, 2026

    Judge Limits Google's Access To Search Rival's Data

    A D.C. federal judge imposed limits on the data Google can access from would-be rivals seeking its search data and syndicated search results, agreeing with the U.S. Department of Justice that the company can't access every piece of information submitted to a technical committee overseeing its monopolization remedies.

  • June 01, 2026

    Zillow Junk Fee Class Action Moved To Federal Court

    Zillow has pulled into D.C. federal court a proposed class action accusing the real estate tech company's rental manager service of the "relentless imposition of add-on fees" when people are trying to pay their rent.

  • June 01, 2026

    Conn. Alters Pot Tax, Gives Cities Aid To Cut Property Taxes

    Connecticut will change its cannabis tax structure, provide funding to local governments for property tax reductions and make other tax changes under a 2027 budget bill signed by the governor.

  • June 01, 2026

    Cold Storage Co. Says Investors Can't Claim Misleading IPO

    Investors in temperature-controlled warehouse giant Lineage Inc. can't show they were misled about the company's prospects ahead of its $4.4 billion initial public offering in 2024, the company has argued in Michigan federal court, arguing it plainly disclosed at the time that it was debuting amid a "soft" market for cold storage.

  • June 01, 2026

    US Trade Officials Open IP Probe Into Vietnam

    U.S. trade officials have launched an investigation into Vietnam over what they said were concerns about how the country is allegedly not effectively protecting the rights of intellectual property owners.

  • June 01, 2026

    5th Circ. Judge Asks Starbucks Why Co. Doesn't Want Unions

    A Fifth Circuit judge probed Starbucks' labor philosophy Monday in its appeal of a National Labor Relations Board ruling that it stifled workers' rights in a smothering response to an organizing explosion in upstate New York five years ago, asking the company's attorney why it doesn't want unions.

  • June 01, 2026

    States Back FTC's DC Circ. Appeal In Meta Monopoly Case

    More than two dozen state attorneys general have thrown their support behind the Federal Trade Commission's bid to revive its lawsuit accusing Meta of monopolizing social networking through its purchases of WhatsApp and Instagram.

  • June 01, 2026

    Fed. Circ. Affirms Dismissal Of Turkish Steel Duty Challenges

    A Federal Circuit panel affirmed three U.S. International Trade Court rulings that collectively rejected a Turkish company's attempts to escape a duty on Turkish steel, finding on Monday that the company's appeals were broadly unsupported by the statutes it cited.

  • June 01, 2026

    Motorola Solutions Buying Drone Tech Firm D-Fend For $1.5B

    Motorola Solutions said Monday it has agreed to buy counter-drone technology company D-Fend Solutions for $1.5 billion, expanding its push into airspace security as governments and enterprises respond to rising drone-related threats.

  • June 01, 2026

    Golf Co. Urges 11th Circ. To Sink Shattered Club Suit

    A group of golf equipment companies are urging the Eleventh Circuit to leave dismissed a suit by a college baseball player alleging that a defective golf club shattered while he was using it and injured his hand, saying the trial court rightly found that his expert failed to establish any defect.

  • June 01, 2026

    Lugano OK To Hand Over Insurance For Lost $10.5M Diamond

    Jewelry house Lugano Diamonds on Monday secured a Delaware bankruptcy judge's tentative approval to transfer an insurance policy to a creditor that consigned the debtor a diamond worth $10.5 million that later went missing.

  • June 01, 2026

    NY Post Beats 'King Of Vape' Attempt At 'Creative Pleading'

    A Florida federal judge has permanently tossed a defamation action a store owner operating as "The King of Vape" brought against the New York Post, saying the e-cigarette retailer "tried to get clever" by tweaking his case to skirt a standard required of libel suits brought by public figures.

  • May 29, 2026

    Skechers Seeks To Boot Wash. Anti-Spam Suit To Arbitration

    Two Washington shoppers behind a proposed class action accusing Skechers USA Inc. of sending false and misleading marketing emails must take their claims to arbitration, the footwear brand told a Seattle federal court Friday.

  • May 29, 2026

    Sig Sauer Can't Duck Gun Safety Suit

    A Washington federal court has declined to toss a proposed class action alleging Sig Sauer's P320 pistol is prone to accidental discharges, rejecting the gunmaker's arguments that the presence of a trigger guard means the gun is not defective.

  • May 29, 2026

    Justices Told USPTO's 'Settled Expectations' Rule Flouts Law

    A host of industry groups, professors, attorneys and more urged the U.S. Supreme Court on Friday to take up Google's appeal arguing that the U.S. Patent and Trademark Office has exceeded its authority by using the age of patents as a reason to refuse to review them.

  • May 29, 2026

    7th Circ. Revives Chinese IP Defendants' Email Service Case

    The Seventh Circuit concluded on Friday that using email to serve Chinese defendants in "Schedule A" trademark cases is improper under the rules of the Hague Service Convention, but that an Illinois federal judge handling one such counterfeiting action must first determine whether the convention applies at all to the given case.

  • May 29, 2026

    Several Online Sellers Escape 'Designice' TM Suit

    A Florida federal judge has dismissed most defendants from a suit from a U.K.-based company that accused online retailers of making illegal merchandise with the "Designice" trademark, ruling that jurisdiction had not been established.

  • May 29, 2026

    Facing Scrutiny, 'Schedule A' Suits Grow Beyond Chicago

    Federal lawsuits that target dozens or even hundreds of online sellers at once kept climbing in 2025 and spread beyond their Chicago stronghold, even as new data shows more friction for brand owners' mass anti-counterfeiting strategy.

  • May 29, 2026

    Paging Dr. Brown: Baby Care Biz Sues Soda Co. In TM Fight

    Baby care product manufacturer Dr. Brown's Co. has asked a Missouri federal judge in a declaratory action to find that it doesn't infringe trademarks of soda giant Dr. Brown's Beverage Co. in connection with the plaintiff's products, including a recently launched electrolyte replacement solution.

  • May 29, 2026

    NJ Bill Eases Path To Adult-Use Pot Sales For Medical Shops

    New Jersey lawmakers have given final approval to a bill extending the state's existing hemp policy until an upcoming shift in the federal definition of hemp takes effect in November as well as making it easier for medical cannabis dispensaries to also sell recreational products.

Expert Analysis

  • 6 Issues That May Follow The 340B Rebate Pilot Challenge

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    Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.

  • 5 E-Discovery Predictions For 2026 And Beyond

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    2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

  • Reviewing Historical And Recent NYDFS Blockchain Guidance

    Excerpt from Practical Guidance
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    An industry letter released in the fall by the New York State Department of Financial Services, together with guidance issued over the past decade, signals a heightened regulatory expectation for covered institutions regarding the use of blockchain analytics and requires review, says Nicole De Santis at Nomadis Consulting.

  • 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.

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