Retail & E-Commerce

  • October 26, 2026

    Pa. Panel Revives Clarks Website Visitor's Wiretap Suit

    A Pennsylvania appellate court has reversed the toss of a proposed class action accusing shoe retailer Clarks of violating the state's wiretap law by sharing website visitors' information with a third-party analytics provider, finding that it wasn't clear whether consumers had adequate notice of the company's data practices.

  • October 26, 2026

    Google Says DOJ Overreaching With Proposed Antitrust Fixes

    Google has told a D.C. federal court that the U.S. Department of Justice and state enforcers are trying to force it into unreasonable antitrust measures that go beyond what the court imagined when it handed down its remedies order in the monopolization suit.

  • October 26, 2026

    FTC, 20 States Say Dollar General Up Charges At Register

    The Federal Trade Commission and a group of 20 states announced a lawsuit in Tennessee federal court, alleging Monday that Dollar General Corp. holds itself out as an accessible retailer for low- and fixed-income consumers, but has for years charged shoppers more at the register than the displayed prices.

  • October 26, 2026

    Kalshi Sues Louisiana Over 'Threat' To Its Sports Contracts

    Kalshi filed preemptive litigation against Louisiana state officials and entities saying their actions and statements deeming prediction market activities unlicensed gambling means it's facing "a threat of irreparable harm, leaving [it] with no choice to protect its commercial interests and those of its users except to bring this suit."

  • October 26, 2026

    Attys Seek $20M Award For $59M Fragrance Price-Fix Deals

    Fragrance ingredient buyers and the attorneys who helped them secure $59 million in price-fixing settlements are now asking a New Jersey federal court for final approval and the green light to set aside a third of those funds for legal counsel.

  • October 26, 2026

    Amazon Seeks Atty Emails Over Alleged Solar Asset Fraud

    Amazon Energy LLC asked a Washington state judge Friday to review emails between two law firms and their clients, claiming the communications aren't subject to attorney-client privilege because they outline a fraudulent scheme to scuttle two solar power deals with Amazon and secure more lucrative contracts.

  • October 26, 2026

    Amazon Can't Exit Liquidator's Alleged $140M Overcharge Suit

    A federal judge in Seattle has refused to throw out liquidator Xcess Ltd.'s lawsuit seeking to recoup nearly $140 million in alleged overpayments to Amazon, concluding the plaintiff has shown the e-commerce giant "intentionally and knowingly ignored its contractual obligation" under a deal to sell surplus inventory to Xcess.

  • October 26, 2026

    Stellantis Tells 2nd Circ. To Reject Car Inventory Fraud Suit

    Stellantis and two former executives have told the Second Circuit that a New York federal judge correctly dismissed a proposed securities fraud class action accusing the automaker of loading dealerships with excess vehicle inventory in order to pump up Stellantis' operating margins.

  • October 26, 2026

    Squires Explains Why He Granted IPR Of Whirlpool Patent

    U.S. Patent and Trademark Office Director John Squires said that Samsung was able to show that part of a Whirlpool dishwasher utensil caddy patent is found in an earlier patent application.

  • October 26, 2026

    BellRing Investors' Sales-Growth Claims Narrowed By Court

    A New York federal judge has significantly narrowed a proposed class action against BellRing Brands, the owner of Premier Protein and other supplement brands, dismissing challenged statements about retailer stockpiling, promotions and competition, as well as claims against the company's board chair.

  • October 26, 2026

    Workers Say Hard Rock's Tobacco Health Fee Violated ERISA

    Current and former employees of Hard Rock sued the restaurant, hotel and casino company in Florida federal court, alleging the company's $15 weekly surcharge on the health plans of workers who used tobacco violated federal benefits law.

  • October 26, 2026

    Mars Released From Peanut Butter M&M's Allergy Lawsuit

    Mars Inc. will no longer face a Connecticut state court lawsuit by a woman who said M&M's Minis caused her to suffer an allergic reaction, as she agreed to end litigation that survived a motion to strike after she admitted consuming the "peanut butter" version of the product.

  • October 26, 2026

    Conn. Residents Settle PFAS Suit Against Kimberly-Clark

    A group of New Milford, Connecticut, residents has reached a settlement in their suit alleging that Kimberly-Clark Corp. contaminated their soil and water with forever chemicals.

  • October 26, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week approved a $250 million settlement of litigation over Microsoft Corp.'s acquisition of Activision Blizzard Inc., while Albertsons Cos. Inc. accused Kroger Co. of rejecting changes that could have saved their $24.6 billion merger, and the Delaware Supreme Court ordered Verisk Analytics Inc. to keep pursuing a $2.35 billion acquisition.

  • October 26, 2026

    Eyewear Co. Escapes Lawsuit Over 401(k) Stable Value Fund

    An eyewear company defeated a proposed class action alleging it cost employees millions of dollars in retirement savings by keeping an underperforming stable value fund in its 401(k) plan, with a Texas federal judge ruling plan participants hadn't identified a comparable fund that performed better.

  • October 26, 2026

    8th Circ. Says Fed Must Rewrite Debit Swipe-Fee Cap

    The Eighth Circuit on Monday struck down the Federal Reserve's regulatory cap on the swipe fees that larger banks may collect on debit card transactions, handing a major victory to merchants that have long argued this cap was set too high.

  • October 23, 2026

    Nitrous Oxide Co. Dropped From 'Whippet' Death Suit

    The sister of a woman who suffered a fatal overdose behind a smoke shop in Florida, caused by inhaling nitrous oxide "whippets," has agreed to end her claims against Galaxy Gas LLC after mediation.

  • October 23, 2026

    PepsiCo Faces Suit Over Siete Avocado Oil Chip Claims

    PepsiCo Inc. and its Siete Family Foods brand were hit with a proposed class action in Illinois federal court Thursday alleging that their tortilla and potato chips are falsely marketed as made with avocado oil exclusively despite containing cheaper, undisclosed seed oils.

  • October 23, 2026

    MLS Sites Sue Compass To Enforce Exclusive Listing Ban

    A group of six regional multiple listing services covering eight states sued brokerage giant Compass in New York federal court, claiming the company has threatened antitrust litigation to avoid rules set by MLS platforms that would stop Compass from withholding exclusive property listings.

  • October 23, 2026

    Ultrahuman Sued By Ouraring Again After Redesign Win

    Smart ring-maker Ouraring Inc. has filed another lawsuit against rival Ultrahuman Healthcare Inc., asserting two patents it said were not addressed in an earlier suit that resulted in an import ban that was later lifted when Ultrahuman redesigned its product.

  • October 23, 2026

    Goodyear Can't Get Redo On Toss Bid In Nicotine Fee Suit

    An Ohio federal judge rejected Goodyear's bid for a redo on its motion to dismiss a suit from workers who challenged a nicotine fee in their employee health plan, holding Friday that a judge's decision in another dispute against grocery chain Meijer didn't change his analysis.

  • October 23, 2026

    Canada, Turkey Announce Partnership For Boosting Trade

    Canada and Turkey are working toward growing the economic ties between the two countries, including through a free trade agreement, their leaders announced, as Canada continues to look to build new international trade relationships and expand its existing ones.

  • October 23, 2026

    Hims & Hers Says Privacy Policy, Disclosures Foil FTC Suit

    Hims & Hers Health Inc. urged a California federal court to dismiss the Federal Trade Commission's suit accusing it of misleading consumers about its privacy and billing practices, arguing the agency ignored the telehealth platform's disclosures about those practices in an attempt to "manufacture deception."

  • October 23, 2026

    USTR Extends Pause On Chinese Maritime Tariffs, Port Fees

    The U.S. will suspend upcoming port fees on Chinese ships and tariffs on Chinese port cranes and other maritime equipment until January, the Office of the U.S. Trade Representative said in a notice Friday.

  • October 23, 2026

    Lululemon Settles Texas AG's PFAS Contamination Probe

    The state of Texas and Lululemon USA Inc. have reached a deal to end the state's investigation of whether the company's athletic wear is tainted with "forever chemicals," with Lululemon agreeing to make sure its vendors comply with its restricted substances list.

Expert Analysis

  • New Suits Raise Stakes After 7th Circ. 'Zero Sugar' Ruling

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    The Seventh Circuit's recent ruling in Franco v. Chobani that "zero sugar" claims on allulose-sweetened products are not preempted has sparked a wave of lawsuits, and companies can no longer assume that federal allulose guidance is a safe harbor, say attorneys at Bradley Arant.

  • DOJ-Agri Stats Settlement Offers Key Benchmarking Lessons

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    A Minnesota federal court's recent approval of the Agri Stats settlement marks a significant milestone as it's the most granular U.S. Justice Department guidance on permissible competitor benchmarking since the 2023 withdrawal of the safety zone, lending predictability for companies in data-pooling arrangements, say attorneys at Arnold & Porter.

  • Why Importers Should Assess IEEPA Refund Claims Now

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    Businesses that wait for direction from U.S. Customs and Border Protection or the courts before seeking refunds of their finally liquidated International Economic Emergency Procedure Act duties in court may find them out of reach as the earliest potential limitation deadlines are approaching, says Samuel Finkelstein at LMD Trade Law.

  • FTC Proposal Puts Personalized Pricing On Notice

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    The Federal Trade Commission’s recent proposed policy statement on undisclosed personalized pricing signals the potential for harm when business practices diverge from consumer expectations, indicating a need to disclose not only data usage, but also how it influences the prices consumers see, says Linda Goldstein at CM Law.

  • Testing AI's Promise For Large-Scale Document Review

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    Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

  • AG Watch: Va. Vape Product Regulations Enter A New Phase

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    Virginia's new vape enforcement framework carries important implications related to product eligibility and certification requirements for businesses operating in the marketplace, representing the culmination of several years of legislative action, regulatory development, litigation and interagency planning, says Chuck Slemp at Cozen O'Connor.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • An Economic Approach Could Curb Broad Antitrust Classes

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    A Minnesota federal court's recent certification decision reflects a familiar antitrust pattern of inefficiently broad class certification even when the alleged conspiracy's effect is likely to vary significantly across buyers, but utilizing an economic interpretation of predominance would enhance efficiency by leading to narrower classes, says Sean Durkin at Charles River.

  • FTC Push May Create Dual Origin-Claim Risks For Contractors

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    Recent Federal Trade Commission actions involving Made in USA advertising requirements offer a preview of enforcement themes that may impose dual compliance burdens on government contractors that are also subject to Federal Acquisition Regulation Buy American restrictions, says Amy Hoang at Seyfarth.

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

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    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • What Greek Tragedy Teaches About Mediating AI Disputes

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    While ancient Greek writers could not have anticipated modern arbitration, their tragic plays illustrate new and familiar questions for mediators dealing with artificial intelligence disputes, including the functional differences between adjudication and resolution, says Giuseppe De Palo at JAMS.

  • Tracking Trends In State-Level Regulatory Enforcement

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    State-level enforcement now increasingly involves antitrust, artificial intelligence and data privacy issues, and the key for organizations to reducing risk is having the ability to respond across governance, public affairs, discovery and remediation in multiple states simultaneously, say consultants at FTI Consulting.

  • And Now A Word From The Panel: Accessing Key MDL Data

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    As the Judicial Panel on Multidistrict Litigation convenes for its September hearing session, it is useful to examine the treasure trove of historical and statistical information about MDLs past and present that the panel makes available to the public on its own website, says Alan Rothman at Sidley Austin.

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

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