Retail & E-Commerce

  • 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.

  • May 19, 2026

    Luxury Seattle Store Says State Farm Owes For Protest Theft

    The owner of a luxury fashion design firm in Seattle told a federal court that its insurer owed coverage for burglaries that occurred amid protests after the 2020 murder of George Floyd, saying the insurer acted in bad faith by denying coverage without providing a reasonable explanation.

Expert Analysis

  • Changes In Crypto, Cybersecurity Defined NY Banking In 2025

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    The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.

  • Reviewing 2025's Most Pertinent Wiretap Developments

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    2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.

  • Series

    Nature Photography Makes Me A Better Lawyer

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    Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.

  • How Cos. Can Roll With NY's New Algorithmic Pricing Rules

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    Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.

  • Series

    Law School's Missed Lessons: Practical Problem Solving

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    Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.

  • Opinion

    A Uniform Federal Rule Would Curb Gen AI Missteps In Court

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    To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.

  • Netflix Caps 2025 M&A Deals That Will Test Antitrust Strategy

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    The 2025 media consolidation trend culminated in Netflix's $82.7 billion Warner Bros. Discovery announcement, but the Antitrust Division of the U.S. Department of Justice is likely to question whether remedies short of blocking the deal could credibly preserve competition, says Brian Pandya at Duane Morris.

  • AG Watch: Texas Junk Fee Deal Shows Enforcement Priorities

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    Texas Attorney General Ken Paxton's recent $9.5 million settlement with online travel agency website Booking Holdings for so-called junk fee practices follows a larger trend of state attorneys general who have taken similar action and demonstrates the significant penalties that can follow such allegations, say attorneys at Kelley Drye.

  • A Look At The Wave Of 2025 Email Marketing Suits In Wash.

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    Since the Washington Supreme Court's ruling in Brown v. Old Navy in April, more than 30 lawsuits have alleged that a broad range of retailers across industries sent emails that violate the Washington Commercial Electronic Mail Act, but retailers are unlikely to find clear answers yet, says Gonzalo Mon at Kelley Drye.

  • Series

    The Law Firm Merger Diaries: Integrating Practice Groups

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    Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.

  • Patent Disclaimers Ruling Offers Restriction Practice Insights

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    The Federal Circuit's recent decision in Focus Products v. Kartri confirms that prosecution disclaimers can extend to examiner-defined species in restriction practice, making it important for patent practitioners to manage restriction requirement responses carefully to avoid unintended claim scope limitations, say attorneys at BCLP.

  • Opinion

    Supreme Court Term Limits Would Carry Hidden Risk

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    While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • How Choice Of Law Won The Day In NC Biz Court COVID Case

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    The North Carolina Business Court recently ruled for policyholders in Tanger Properties v. ACE American Insurance, a business interruption lawsuit arising from the pandemic-related closure of Tanger outlet centers, underscoring the significant role that choice of law plays in insurance coverage disputes, say attorneys at Hunton.

  • Series

    Knitting Makes Me A Better Lawyer

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    Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.

  • Series

    The Biz Court Digest: Welcome To Miami

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    After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

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