Retail & E-Commerce

  • April 30, 2026

    Fishing Gear Founder Beats Immediate TRO Bid

    A Delaware vice chancellor on Thursday declined to immediately block former fishing gear executive Ralph Duda III from operating a women-focused fishing products business but put the dispute on a fast track toward a preliminary injunction hearing in about 45 days.

  • April 30, 2026

    Walmart Wins Dismissal Of Wage Suit Over Sparse Claims

    A former overnight stocker's allegations against Walmart lacked enough detail to plausibly support claims for missed breaks, unpaid overtime and other violations, a Washington federal judge ruled Thursday, tossing the worker's proposed class action.

  • April 30, 2026

    Fed. Circ. Lets Stand Walmart's Alice Win Over Q Tech Patents

    The Federal Circuit said Thursday it will not rehear arguments that Walmart infringed three content-sharing patents that were invalidated under the U.S. Supreme Court's test for assessing whether patents cover abstract subject matter.

  • April 30, 2026

    7th Circ. Backs Minimal $2K Damages In Counterfeiting Case

    The Seventh Circuit has agreed with a lower court that an online clothing retailer's minimal damages of $2,000 against a company found liable for willful counterfeiting and cybersquatting should not be boosted to $2.1 million, saying obtaining a default judgment was not enough on its own to support an increase.

  • April 30, 2026

    EU-South American Provisional Trade Deal Takes Effect Friday

    The European Union's interim trade agreement with four countries in the South American regional bloc known as Mercosur will begin to apply on a provisional basis Friday, according to news releases issued by the European Commission and members of European Parliament on Thursday.

  • April 30, 2026

    Kroger's Health Plan Tobacco Fee Shirks ERISA, Suit Says

    Supermarket giant Kroger violated federal benefits law by requiring workers to pay an extra fee through their health plan if they used tobacco while failing to give them a fair opportunity to avoid the charge, according to a proposed class action filed in Ohio federal court.

  • April 30, 2026

    CFPB Slashes Small-Biz Lender Reporting In Newly Final Rule

    The Consumer Financial Protection Bureau on Thursday finalized a major rollback of its Biden-era rule on small-business loan data collection, sharply narrowing the scope of financial institutions and activity subject to the statutorily mandated reporting regime.

  • April 29, 2026

    Kroger Settles Gov't Claims Over Ozone-Harming Emissions

    The Kroger Company has reached a proposed settlement with the federal government that ends claims the grocery giant violated the Clean Air Act at stores nationwide, the U.S. Department of Justice announced Wednesday.

  • April 29, 2026

    Conagra Not Off The Hook Over '100% Whole Fish Fillets' Label

    Conagra customers can proceed with their proposed class action alleging some of the food company's fish fillets are deceptively labeled as "100% whole fish" despite containing industrial filler and extra water, after an Illinois federal judge said Wednesday the customers offer a plausible reading of the label, enough to state a claim.

  • April 29, 2026

    Del. Supreme Court Says Bylaw Suits Came Too Soon

    The Delaware Supreme Court on Wednesday upheld the dismissal of stockholder lawsuits challenging advance notice bylaws adopted by The AES Corp. and Owens Corning, ruling that the claims were premature because no actual dispute over the bylaws had yet materialized.

  • April 29, 2026

    WordPress Judge Calls Deleted Message Claims 'Concerning'

    A federal magistrate judge overseeing discovery in an antitrust lawsuit against WordPress parent Automattic Inc. and its CEO Matthew Mullenweg said plaintiff WPEngine Inc. "plausibly contends" Mullenweg "deleted relevant documents or allowed such documents to be deleted after an obligation to preserve was triggered."

  • April 29, 2026

    Hanes Must Face Email Suit After State Law Declared Legal

    Hanes can't get out of a lawsuit accusing it of sending marketing emails that make untrue claims by arguing that a Washington state law banning commercial emails with false or misleading subject lines is unconstitutional, a Washington federal judge has found.

  • April 29, 2026

    Shein Escapes Claims In Brandy Melville IP Suit

    A California federal judge has tossed trademark infringement and unfair competition claims from Brandy Melville's lawsuit accusing the online ultra-fast fashion giant Shein of selling Brandy Melville copycat clothing and even using the brand's photos, ruling the Copyright Act preempts the two claims.

  • April 29, 2026

    Pepsi And Frito-Lay Want Chip-Pricing Claims Tossed

    Pepsi and Frito-Lay have asked a California federal court to toss the latest version of a case accusing them of charging small convenience stores more for chips than Walmart, Target and other chain stores, saying the retailers still fail to offer a direct comparison of specific prices.

  • April 29, 2026

    New Emails Can't Revive Adidas TM Suit, 2nd Circ. Affirms

    Attorneys for the luxury fashion brand Thom Browne Inc. did not commit misconduct when they failed to turn over four emails to Adidas during a trademark dispute, and because the documents "probably" would not have changed the verdict, the case will not be restored, the Second Circuit ruled Wednesday.

  • April 29, 2026

    Ulta Loses Bid To Toss Wash. Consumers' Spam Email Claims

    A Spokane federal judge refused to toss a proposed class action alleging cosmetics giant Ulta sent Washington residents deceptive emails advertising "free gifts" and discounts without disclosing purchase qualifications, saying the complaint plausibly alleges the emails violate state consumer protection laws.

  • April 29, 2026

    Music Cos. Must Share Social Media Deals With DSW

    Several music companies within Warner Music Group that are suing DSW over alleged improper use of their music in social media videos must turn over licensing agreements they have with social media companies, an Ohio federal judge has ordered.

  • April 29, 2026

    3 Federal Circuit Clashes To Watch In May

    The Federal Circuit's May argument slate includes appeals of invalidity decisions and sanctions tied to VLSI Technology's multibillion-dollar chip patent dispute with Intel, as well as Amazon's challenge to a cloud storage patent verdict against it for over half a billion dollars.

  • April 29, 2026

    Lender Seeks Receivership Over $8M Pot Shop Default

    A lender says a pot dispensary across from Fenway Park owes it $8 million and should be placed into receivership, the latest in a series of lawsuits against one of Massachusetts' first social equity cannabis license recipients.

  • April 29, 2026

    Mass. Judge Clears Way For Trader Joe's 401(k) Plan Trial

    A Massachusetts federal judge has denied summary judgment to Trader Joe's ahead of a Monday trial on claims that it mismanaged its employee retirement plan. 

  • April 29, 2026

    9th Circ. Reverses Stay In App Store Commissions Case

    The Ninth Circuit has reversed its own order that stayed a ruling on an injunction barring Apple from charging developers high commissions on in-app purchases until a district court judge sets up narrower guardrails, saying Epic Games had persuaded it that Apple was unlikely to get the U.S. Supreme Court to hear its appeal.

  • April 29, 2026

    Vacasa Investors Sue Over Spurned $131M Merger Bid

    Vacation rental company Vacasa is facing a proposed class action in Oregon from stockholders after accepting an acquisition bid from Casago that was $12 million lower on its face than a rival offer from Davidson Kempner Capital Management.

  • April 29, 2026

    Coupang, Ex-In-House Lawyer To Drop Iran Whistleblower Suit

    South Korean e-commerce giant Coupang and a former in-house compliance attorney have agreed to dismiss the lawyer's suit claiming he was wrongly fired for bringing attention to the company's alleged illegal business dealings with Iran, according to a joint filing Wednesday in Seattle federal court.

  • April 29, 2026

    Manager Class Cert. Denied In Convenience Store Wage Suit

    Managers accusing gas and convenience store chain Han-Dee Hugo's of wage violations cannot proceed as a class, a North Carolina federal judge ruled, finding their claims would require individualized inquiries.

  • April 29, 2026

    Dollar General Can't Kick Tobacco Fee Suit To Arbitration

    Dollar General can't kibosh a proposed class action claiming it unlawfully charged employees who use tobacco nearly $500 more per year for health benefits, with a Tennessee federal judge ruling the company hadn't properly addressed how an exclusion in its arbitration agreement applied to the case.

Expert Analysis

  • What New Animal Welfare Enforcement Push Means For Cos.

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    The Trump administration's recently announced multiagency focus on violations of the Animal Welfare Act and related laws will likely lead to broader enforcement actions across industries, heightened scrutiny of compliance standards and a need for businesses to adopt effective risk management practices, says Shennie Patel at Crowell & Moring.

  • How To Engage With Gov't's Direct-To-Consumer Drug Policy

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    The U.S. Department of Health and Human Services' recent request for industry input on manufacturers' direct-to-consumer drug sales reflects the government's caution in this arena, and allows stakeholders a rare opportunity to help shape policy, says Mary Kohler at Kohler Health Law.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • AG Watch: Ohio Targets DEI Policies

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    As Ohio Attorney General Dave Yost seeks to eliminate diversity, equity and inclusion programs in both public education institutions and private companies, Ohio entities must carefully navigate this constantly evolving, highly contentious topic to avoid litigation while also not forfeiting their core principles, say attorneys at BakerHostetler.

  • Strategies For Retailers, Landlords In M&A Portfolio Reduction

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    With more retailers likely to merge or be acquired in 2026, both landlords and companies looking to renegotiate their real estate footprints can strike successful deals through advance planning, understanding rights allocations and maintaining realistic leverage assessment, say attorneys at Jenner & Block.

  • Opinion

    Fed. Circ. Must Bury Design Patent Doctrinal Zombies

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    After recently finding noninfringement in Range of Motion Products v. Armaid, the Federal Circuit must rehear the case to confront two troublesome doctrines of design patent law claim construction — feature filtration and claim verbalization — that have lingered for decades and intensified in recent years, say attorneys at McAndrews Held.

  • Ill. Swipe Fee Ruling Sets Stage For A High-Stakes Appeal

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    In Illinois Bankers Association v. Raoul, an Illinois federal court upheld the state's ban on credit and debit card swipe fees on tax and tip payments, while permanently enjoining the statute's data usage limitation, but an imminent appeal could significantly influence the trajectory of state-level payments regulation, say attorneys at Latham.

  • Drug Wholesaler's DPA Shows Imperfect Efforts Still Count

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    Atlantic Biologicals’ recent deferred prosecution agreement with federal prosecutors for allegedly distributing controlled substances to pill mill pharmacies demonstrates that even subpar cooperation, when combined with genuine remediation and strategic advocacy, can yield outcomes that protect a company's long-term interests, says Jonathan Porter at Husch Blackwell.

  • How The New Tariff Landscape May Unfold

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    To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.

  • The Cautionary Tale Of A Supply Chain Inquiry 'Made In Italy'

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    Legal probes into the Italian luxury fashion supply chain reflect the need for effective buy-side diligence with a variety of tools and through a variety of lenses to avoid an issue after an M&A transaction, says Jesse Silvertown at Hesparus.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Compliance Takeaways Amid Subscription Practices Scrutiny

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    The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • Pros And Cons Of FDA's Push For Nonprescription Drugs

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    The U.S. Food and Drug Administration's recent moves to shift more prescription drugs to over-the-counter status could increase access to important medications, but also bring potential safety risks and other trade-offs for drug companies, say attorneys at Hogan Lovells.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

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