Retail & E-Commerce

  • September 09, 2026

    Williams-Sonoma Loses Bid To Arbitrate 'Drip Pricing' Suit

    A California federal judge has allowed a pair of customers to proceed with their lawsuit claiming that Williams-Sonoma advertised low prices then tacked on extra fees at checkout, ruling a mass arbitration provision in the retailer's terms "unconscionably chills" consumers from making claims.

  • September 09, 2026

    Amazon Urges NY Court To Deny E-Book Antitrust Class Cert.

    Amazon on Tuesday objected to a New York federal magistrate judge's recommendation to certify a class of over 30 million customers in a suit accusing it of monopolizing the e-book market, saying the judge disregarded proof that a significant share of the consumers benefited from the challenged practices.

  • September 09, 2026

    Latest $1.5M Turkey Price-Fixing Deal Gets Early OK

    An Illinois federal judge Wednesday gave his initial sign-off to a $1.5 million deal Prestage Farms has inked to resolve certain buyers' claims in sprawling turkey price-fixing antitrust litigation.

  • September 09, 2026

    General Mills, Mars Allege Sugar Price-Fixing Scheme

    General Mills, Kellanova, Mars and Little Debbie maker McKee Foods are suing several major U.S. sugar producers in Illinois federal court, accusing them of conspiring to inflate granulated sugar prices for years by secretly sharing sensitive pricing, sales and supply information through an intermediary.

  • September 09, 2026

    Rise Brewing Urges Justices To Let Juries Weigh TM Strength

    RiseandShine Corp. urged the U.S. Supreme Court on Tuesday to reject what it called the Second Circuit's outlier rule allowing judges to decide the strength of a trademark, arguing in its opening merits brief that the question belongs to juries because it hinges on how ordinary consumers perceive a mark.

  • September 09, 2026

    5-Hour Energy Rival Takes Antitrust Fight To 6th Circ.

    A rival of 5-Hour Energy is taking its beef with the energy shot maker to the Sixth Circuit after a Michigan federal judge refused to revive its claims that the company was keeping competitors out of the market by inking deals that require its products be displayed at checkout counters.

  • September 08, 2026

    Cardboard-Makers Can't Duck Price-Fixing Class Action

    An Illinois federal judge has rejected a bid from major containerboard manufacturers to dismiss a class action accusing them of conspiring to fix prices, saying the plaintiff purchaser's allegations concerning six price increases were well plead and sufficient "to show parallel conduct."

  • September 08, 2026

    Amazon Says No Need For Early Discovery In NJ AG's Case

    Amazon has told a New Jersey federal court there's no need to expedite discovery in the state's case accusing the e-commerce giant of using its market power to stifle competition for delivery drivers, saying the case belongs in front of the National Labor Relations Board.

  • September 08, 2026

    Artist Group Should Face 'WaveyBaby' TM Suit, Judge Says

    A New York federal magistrate judge has recommended allowing a streetwear company's trademark suit against artist collective MSCHF to proceed, finding it plausibly alleged that MSCHF's use of "Wavy Baby" for its now-discontinued sneaker was likely to cause confusion with the company's "WaveyBaby" mark.

  • September 08, 2026

    Apple Fights Masimo Bid To Add $243M To $634M Patent Win

    Apple has pressed a California federal judge to reject Masimo's request for nearly $243 million in interest atop a $634 million patent jury verdict on the Apple Watch's heart rate feature, saying the "staggering" damages are so large that adding more would be an "enormous windfall."

  • September 08, 2026

    Amazon Nearly Controls Full Delivery Driver Market, Suit Says

    Amazon rigged its delivery service partner program to abuse its monopsony power, suppressing wages and imposing working conditions so atrocious that drivers resort to relieving themselves in water bottles to meet inhuman delivery requirements, according to a proposed antitrust class action filed in California federal court.

  • September 08, 2026

    Bridal Shop Says Default Rulings Don't Bar $7M Coverage Suit

    A Manhattan bridal shop urged a New York federal court to reject a magistrate judge's recommendation to toss its suit seeking to recover $7 million from a contractor's insurers, saying its claims can't be voided by a previous default judgment the insurers won against their policyholder.

  • September 08, 2026

    Motorola Tells DC Circ. That Google Search Payments 'Vital'

    Motorola on Friday backed Google with a D.C. Circuit amicus brief arguing the U.S. Department of Justice is wrong to call for a complete ban on Google paying cellphone-makers like Motorola to incorporate Google search into their devices.

  • September 08, 2026

    Insurer Says It Owes No Coverage For Exploding Vape Suit

    An insurer has urged a Washington federal court to find that it does not owe coverage to a vape seller in a product liability suit from a user whose leg was amputated after a vape exploded in his pocket, arguing tobacco and nicotine product and premises exclusions bar coverage. 

  • September 08, 2026

    5th Circ. Nixes Bulk Of NLRB Order In Starbucks Threats Case

    The Fifth Circuit has declined to enforce the bulk of a National Labor Relations Board decision finding Starbucks unlawfully threatened workers with reduced store hours and a hiring freeze in response to a unionization campaign but said one manager unlawfully threatened workers' health and leave benefits.

  • September 08, 2026

    Walmart Illegally Fired Worker For Positive Pot Test, Suit Says

    Walmart illegally fired an employee who tested positive for a nonpsychoactive cannabis metabolite that showed up on his urine drug test, despite lacking evidence that he possessed or used cannabis at the workplace or showed any signs of impairment, alleges a wrongful termination suit removed to California federal court on Friday.

  • September 08, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week saw disputes involving a former NFL star and a $2.5 million solar venture, Morgan Stanley's role in Fox Corp.'s planned $22 billion acquisition of Roku Inc., and JPMorgan Chase & Co.'s effort to pause more than $20 million in legal-fee payments to former Frank executives.

  • September 08, 2026

    Italian Winemaker Wins TM Fight At TTAB

    The Trademark Trial and Appeal Board has blocked a Mexican resort's attempt to register a trademark on wine it sold, after finding it would likely be confused with an Italian winery's brand.

  • September 08, 2026

    5th Circ. Partially Backs NLRB Ruling In Starbucks Union Fight

    The Fifth Circuit backed most of a National Labor Relations Board decision finding that Starbucks engaged in a host of federal labor law violations to suppress a union campaign in upstate New York, ruling that the board's findings are supported by "substantial evidence" presented in the case.

  • September 08, 2026

    Buc-ee's Says Its TM Suits Aren't A 'Bullying' Campaign

    Travel center chain Buc-ee's is pushing back on allegations of trademark bullying from Teddy's Market in a Georgia federal lawsuit that Buc-ee's filed against the convenience store rival, asking a judge to throw out six counterclaims challenging its trademark enforcement and registrations.

  • September 08, 2026

    Amazon Makes Life Tough For Pregnant Workers, Suit Says

    A quartet of former Amazon warehouse workers lodged a proposed class action in New York federal court Tuesday, accusing the e-commerce giant of slow-walking pregnant women's requests for additional breaks and modified job duties and of firing workers over pregnancy-related absences.

  • September 08, 2026

    Biogen Must Face Pharmacies' MS Drug Monopoly Suit

    An Illinois federal judge on Tuesday refused to dismiss Walgreens and Kroger's lawsuit accusing Biogen Inc. of illegally stifling competition for its multiple sclerosis drug Tecfidera, saying they've made sufficient allegations at this point in the case to suggest they've "suffered a concrete injury as a result of Biogen's conduct."

  • September 08, 2026

    Retailer Francesca's Gets Approval For Ch. 11 Wind-Down

    A New Jersey bankruptcy judge Tuesday confirmed the Chapter 11 plan of Francesca's, after counsel for the women's clothing retailer said the debtor had resolved all objections to its plan to liquidate its remaining assets.

  • September 04, 2026

    Fed. Circ. Backs Double Dismissals, But Dodges Preclusion

    The Federal Circuit has expressly allowed district court judges to dismiss patent cases on multiple grounds at once, but attorneys say they're left guessing how that impacts future litigation on the same patent.

  • September 04, 2026

    Recall Recap: Boston Scientific Pacemakers, Baby Formula

    While the iceberg lettuce cyclospora outbreak and subsequent litigation targeting supplier Taylor Farms Inc. and Taco Bell was the chief news this summer in product recalls, Law360 takes a look back at some of the other suits filed in recent months over recalls that may have slipped under readers' radars.

Expert Analysis

  • Leveraging AI In MDL Discovery And Case Management

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    Generative and agentic artificial intelligence tools can help teams organize and digest the vast volume of documents inherent to multidistrict litigation, but workflows must be designed to maximize the tools' strengths and maintain human control of key operational and ethical factors, say attorneys at Crowell & Moring.

  • DOJ China Container Indictments Signal Global Cartel Risk

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    The U.S. Department of Justice's recent announcement that it had indicted Chinese manufacturers for conspiring to drive up the price of shipping containers sold in the U.S. illustrates the Antitrust Division's interest in pursuing overseas cartel conduct, especially in China, signaling that multinational companies with employees abroad should strengthen antitrust compliance to avoid running afoul of U.S. national security policy, say attorneys at Squire Patton.

  • Lessons For Cos. From Nixed Apple Watch Greenwashing Suit

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    A California federal court's recent decision in Dib v. Apple, a putative class action challenging carbon-neutral marketing statements made about the Apple Watch, provides meaningful guidance on how such claims may be defeated at the pleading stage, especially where they hinge on third-party verification, say attorneys at Mintz.

  • 3 Steps For Banks As Section 1071 Rule Finally Becomes Final

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    Some community banks and other lenders will get some breathing room in the final Section 1071 rule exempting them from small business lending reporting duties, but other reporting institutions should update applications, systems and staff training ahead of the 2028 compliance date, says Memrie Fortenberry at Jones Walker.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

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    Companies and investors reeling from the rapid changes resulting from February's U.S. Supreme Court ruling that the International Emergency Economic Powers Act doesn't authorize tariffs should focus on understanding the duty refund process, the likely replacement tariffs and the operational ways they can minimize their tariff exposure, say attorneys at Debevoise.

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

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    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Opinion

    Current Consumer Protection Laws Can Fit Agentic Commerce

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    While agentic commerce — artificial intelligence that searches, compares and makes purchases for customers — doesn't warrant a new consumer protection regime, it will require companies to design compliance into their products from the outset and challenge regulators to consistently apply existing laws, says Katherine Adkins at Affirm.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

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