Retail & E-Commerce

  • March 18, 2026

    9th Circ. Urged To Rehear Cannabis Dormant Commerce Case

    A California attorney who has challenged cannabis social equity programs in numerous jurisdictions asked the entire Ninth Circuit on Tuesday to reconsider whether the U.S. Constitution's dormant commerce clause applies to federally illegal marijuana.

  • March 18, 2026

    Food Cos. Get Another Shot At David Protein Antitrust Case

    A New York federal court is letting low-calorie food producers take another shot at their antitrust claims accusing protein bar-maker David Protein of refusing to sell them a fat replacement ingredient after purchasing the ingredient's only supplier.

  • March 18, 2026

    FDA Can't 'Refuse To File' Tobacco Applications, Suit Says

    The maker and a seller of Zone nicotine pouches are suing the U.S. Food and Drug Administration in Texas federal court, alleging the agency stalled and eventually refused to file their marketing application, despite federal law requiring the FDA to either approve or deny such applications.

  • March 18, 2026

    Toy Co. Not Covered In Unpaid Judgment Fight, 8th Circ. Says

    An insurer needn't defend a toy company accused by a competitor of using legal proceedings to evade payment of an $8.5 million default judgment for false advertising, the Eighth Circuit has ruled, holding that the policy's malicious prosecution coverage doesn't extend to abuse of process claims.

  • March 17, 2026

    Fragrance Co. Inks $11M Icebreaker Deal In Price-Fixing Case

    A group of consumers asked a New Jersey federal judge Monday to preliminarily sign off on an $11 million class settlement with International Flavors and Fragrances Inc., which the consumers called an "icebreaker" deal cut in sprawling price-fixing antitrust litigation against four major fragrance ingredient makers.

  • March 17, 2026

    JCPenney AI Tool Faces Ill. Privacy Lawsuit Over Facial Data

    Retail brand JCPenney uses an artificial intelligence skin-care analysis tool for website visitors without ever telling them that the technology scanning their faces to provide personalized cosmetics advice illegally captures and stores their biometric information, according to a new lawsuit in Illinois state court.

  • March 17, 2026

    OpenAI, Musk Can't Argue Over Wealth In $38M Fraud Trial

    A California federal judge laid out the ground rules for an upcoming April jury trial on Elon Musk's claims OpenAI duped him into donating $38 million, barring evidence regarding the "wealth or lack thereof of any party," unless the dispute reaches the punitive damages stage, which the judge called "unlikely."

  • March 17, 2026

    Grocery Chain Faces Investor Suit Over Shuttered Stores

    Investors of Grocery Outlet Holding Corp. filed suit against the discount supermarket company in California federal court, alleging the company and its executives failed to disclose that its rapid financial growth was caused by expanding too quickly, which came to light earlier this year when it announced that 36 of its stores would close, sending its share price lower.

  • March 17, 2026

    Lawmakers Want More Oversight For Antitrust Settlements

    Democratic lawmakers proposed legislation Tuesday that would give courts more power to review settlements reached in government antitrust cases, after the U.S. Department of Justice recently cut a pair of controversial deals, including with Live Nation last week.

  • March 17, 2026

    Union Health Fund Wins $3.5M Debt Litigation Against Suit Co.

    A Rochester, New York, suit manufacturer owes a union healthcare fund about $3.5 million, a New York federal judge ruled Tuesday, saying the fund presented evidence that the manufacturer skipped out on over two years of payments.

  • March 17, 2026

    Apple Seeks Sanctions For 'Unrelenting' Antitrust Depo Efforts

    Apple urged a California federal judge to sanction iPhone users' counsel over their allegedly "unrelenting and increasingly egregious" subpoena efforts in antitrust litigation accusing Google of suppressing rival search engines with anticompetitive deals, arguing the consumers are fishing for evidence to try to improperly reinstate Apple as a defendant.

  • March 17, 2026

    9th Circ. Pauses Ban On Perplexity Bot's Amazon Shopping

    The Ninth Circuit has paused an order from a lower court that banned the Perplexity AI Inc.-made bot Comet from shopping on Amazon while an appeal of the order plays out.

  • March 17, 2026

    Walmart Under Fire In Gear Co.'s Matchstick Trade Dress Suit

    Walmart is among the retailers targeted in a new intellectual property lawsuit accusing Canada-based distributor Circle Sales & Import of ripping off an outdoor equipment maker's registered orange-and-brown trade dress for stormproof matches, according to a lawsuit that was filed Monday in Seattle federal court.

  • March 17, 2026

    SD OKs County Gross Receipts Tax To Reduce Property Tax

    South Dakota will allow counties to implement a county-wide gross receipts tax with revenue that goes toward a property tax reduction fund under a law signed by the governor. 

  • March 17, 2026

    Pa. Schools' Property Appeal Policy Ruled Unconstitutional

    A Pennsylvania school district's policy of only appealing property assessments over $500,000, which resulted in appeals involving several properties owned by a mall, violates the state's constitution, an appeals court affirmed Tuesday.

  • March 17, 2026

    Jushi, Ex-COO Settle Whistleblower Retaliation Suit

    A former Jushi Holdings Inc. executive who claimed a cannabis company fired him in retaliation for compliance with safety standards told a Florida federal court he has settled his suit.

  • March 17, 2026

    2nd Circ. Kills Contempt Order In Starbucks False Ad Suit

    A New York federal judge overstepped in holding an attorney in contempt for filing what the lower court deemed a "meritless" false advertising lawsuit over the amount of potassium in a Starbucks coffee flavor, the Second Circuit ruled Tuesday.

  • March 17, 2026

    Apple Can't Shake Most PFAS Claims In Smartwatch Suit

    A California federal judge won't let Apple Inc. escape a proposed class action alleging that the wristbands of its Apple Watch products contain dangerous forever chemicals, saying the complaint is sufficient to allege that the company knew of the risks but didn't warn consumers.

  • March 16, 2026

    Pregnant Worker Fired After Harassment Complaint, Suit Says

    An ex-employee of a Seattle cannabis shop has filed a sexual harassment and discrimination lawsuit against the company, alleging she was fired after complaining about a co-worker's inappropriate comments and the store's illegal sales to minors.

  • March 16, 2026

    OCC Calls For Preemption Of Ill. Swipe-Fee Law At 7th Circ.

    A top U.S. banking regulator is seconding the banking industry's call for the Seventh Circuit to block Illinois' tax and tip swipe-fee ban, arguing a lower-court judge missed the "forest for the trees" in ruling the state-law restrictions are enforceable against banks it oversees.

  • March 16, 2026

    Stellantis Escapes Vehicle Inventory 'Channel Stuffing' Suit

    Automaker Stellantis and former executives beat a proposed securities class action accusing them of so-called channel-stuffing, after a New York federal judge found none of the suit's alleged misstatements were material, and the investors failed to plead the executives had a motive to defraud or knowingly committed the alleged wrongdoings.

  • March 16, 2026

    Amazon's TM Abuse Suit Against IP Atty Survives Dismissal

    A Seattle federal judge Monday rejected an intellectual property lawyer's attempt to shoot down Amazon's lawsuit accusing him of allowing a Chinese company to use his legal credentials to file thousands of inaccurate trademark registrations, ruling that the company's suit against attorney Jonathan G. Morton can proceed.

  • March 16, 2026

    Edible Arrangements Wins Sanctions, Beats Ex-COO's Claims

    A Georgia federal judge struck the answer filed by Edible Arrangements' former chief operating officer and his company as a sanction for bad faith discovery conduct, finding they hid key evidence about millions in vendor checks deposited into a personal account.

  • March 16, 2026

    Court Grants Dismissal Of THC Potency Action

    Cannabis company Revolution Global LLC has defeated, for now, a federal proposed class action accusing it and its subsidiaries of mislabeling their cannabis oil to get around Illinois THC potency limits, the latest loss for plaintiffs represented by a law firm that's working with several consumers in the state who have similar claims.

  • March 16, 2026

    CPSC Fines Shimano $11.5M Over Bike Parts

    The U.S. Consumer Product Safety Commission on Monday said bicycle parts company Shimano has agreed to pay an $11.5 million civil penalty over failing to report defective cranksets that were recalled after six injuries, including bone fractures.

Expert Analysis

  • Opportunities Amid The Challenges Of Trump's BIS Shake-Up

    Author Photo

    The Trump administration’s continuing overhaul of the Bureau of Industry and Security has created enormous practical challenges for export compliance, but it potentially also offers a once-in-a-generation opening to advocate for simplifying and rationalizing U.S. export controls, say attorneys at Gibson Dunn.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

    Author Photo

    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • FDA's 2025 Enforcement Scorecard Highlights Data Focus

    Author Photo

    The U.S. Food and Drug Administration's increased enforcement activity in 2025 was driven by artificial intelligence and a focus on foreign manufacturers, necessitating proactive compliance strategies for an environment that is increasingly reliant on data, say attorneys at Reed Smith.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

    Author Photo

    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • NJ Ruling Sheds Light On When 'Stub Rent' Must Be Paid

    Author Photo

    A New Jersey bankruptcy court's recent decision in New Rite Aid affirms that landlords can have "stub rent" treated as an administrative expense and highlights critical considerations for debtors, including the importance of deciding when and where to file for bankruptcy, say attorneys at Cleary.

  • Navigating Privilege Law Patchwork In Dual-Purpose Comms

    Author Photo

    Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

  • Cannabis Industry Faces An Inflection Point This Year

    Author Photo

    Cannabis industry developments last year — from the passage of a new wholesale tax in Michigan, to an executive order accelerating the federal rescheduling process — presage a more mature phase of legalization this year, with hardening expectations and enforcement to come, says Alex Leonowicz at Howard & Howard.

  • Series

    Fly-Fishing Makes Me A Better Lawyer

    Author Photo

    Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

  • 4 Ways GCs Can Manage Growing Service Of Process Volume

    Author Photo

    As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q4

    Author Photo

    In the fourth quarter of last year, New York state enacted several developments that affect financial services regulation and business, cementing upcoming compliance obligations including cybersecurity best practices and retail stores' cash management, says Chris Bonner at Barclay Damon.

  • IP Appellate Decisions Show 4 Shifts In 2025

    Author Photo

    In 2025, intellectual property decisions issued by the Ninth, D.C., and Federal Circuits trended toward tightening doctrinal boundaries, whether to account for technological developments in existing legal regimes, or to refine areas with some ambiguity, says Nate Sabri at Perkins Coie.

  • Series

    The Law Firm Merger Diaries: Forming Measurable Ties

    Author Photo

    Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

  • AG Watch: Va. Insulin Price Probe Signals Rising Scrutiny

    Author Photo

    Virginia Attorney General Jason Miyares' recent investigation into insulin manufacturers and pharmacy benefit managers for allegedly colluding to artificially inflate insulin prices reflects a broader trend to leverage consumer protection authority in high-impact healthcare matters, and the upcoming leadership change is unlikely to diminish scrutiny in this area, says Chuck Slemp at Cozen O'Connor.

  • 3 Key Takeaways From Planned Rescheduling Of Cannabis

    Author Photo

    An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.

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

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Retail & E-Commerce archive.