Retail & E-Commerce

  • March 18, 2026

    Temu Users Join Customer Push For IEEPA Tariff Refunds

    Online marketplace Temu must refund customers for passed-on costs related to the Trump administration's now-invalidated International Emergency Economic Powers Act tariffs, a consumer leading a proposed nationwide class action told an Illinois state court.

  • March 18, 2026

    Macy's Judge Rules Wash. Antispam Law Is Constitutional

    Macy's must face a consumer class action accusing the retail giant of breaking a Washington state law prohibiting certain spam emails, a Seattle federal judge ruled Wednesday, declaring that Washington's Commercial Electronic Mail Act is neither unconstitutional nor preempted by federal law.

  • March 18, 2026

    Zillow Preview Appeases Compass Enough To Drop Ban Suit

    Compass dropped its New York federal court antitrust lawsuit against Zillow on Wednesday, satisfied that a new "preview" feature for pre-market home listings was enough of a departure from a contested rule that banned listings from appearing on Zillow if they had been marketed elsewhere for more than a day.

  • March 18, 2026

    Judge Preserves CBD Co.'s Contract Breach Spat

    A hemp and CBD company run by North Carolina State Rep. John Bell won't get a default win on its $1.6 million counterclaim against Texas-based ex-business partners who accused it of stealing trade secrets and using political connections to threaten their executives with jail time, a North Carolina federal judge has ruled.

  • March 18, 2026

    FTC, Fitness Giant Xponential Strike $17M Franchise Rule Deal

    The Federal Trade Commission announced Wednesday that the franchise group behind Club Pilates, Pure Barre and other boutique fitness brands agreed to pay $17 million to resolve claims that it previously misled franchisees about the costs, risks and other key details about operating one of its studios.

  • March 18, 2026

    Bobsledder Says Olympic Committee Hid Brain Injury Risk

    A former U.S. bobsled team member accused the U.S. Olympic and Paralympic Committee of intentionally concealing the sport's brain injury risk, telling a California state court he wouldn't have taken part if he had known.

  • March 18, 2026

    Publix Couldn't Foresee Active Shooter, Fla. Panel Says

    Publix Super Markets Inc. wasn't required to anticipate an active shooter at one of its Florida stores, a state appeals court ruled Wednesday, upholding a lower court decision tossing a lawsuit alleging the chain could have prevented the 2021 fatal shooting of a toddler and grandmother.

  • March 18, 2026

    2nd Circ. Judge Unimpressed By OpenAI's IP Suit Stance

    A Second Circuit judge on Wednesday expressed surprise when an OpenAI attorney couldn't explain whether the company's artificial intelligence system duplicated Raw Story Media Inc.'s news articles while allegedly removing copyright management information from the online reports.

  • March 18, 2026

    FTC Says Amazon Seeks 'Impossible' Standard For Sanctions

    The Federal Trade Commission pressed a Washington federal judge Tuesday to sanction Amazon.com for using autodeleting Signal chats and deleting raw meeting notes to hide evidence of company policies that created an artificial pricing floor across online retail stores, arguing Amazon is fighting the motion by inventing an "impossible-to-meet standard" for imposing sanctions.

  • March 18, 2026

    Prior Counsel In Settled EBay Harassment Case Eyes Payment

    An attorney who previously represented a Massachusetts couple in a harassment lawsuit against eBay and three former executives has asked a federal judge to hold off on entering a dismissal in the now-settled case until she receives assurances she will be paid.

  • 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.

Expert Analysis

  • 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.

  • WTO Most‑Favored‑Nation Reform May Hold Promise

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    When the World Trade Organization meets this month, it is expected to debate changing the most-favored-nation rule, a carefully calibrated loosening of which may be justified if it enables deeper liberalization and regulatory cooperation, says Alan Yanovich at Akin.

  • 5 Different AI Systems Raise Distinct Privilege Issues

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    A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

  • Labubu Shows Value Of Patents When Viral Brands Plateau

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    The rapid ascent of Labubu dolls demonstrated how character-driven products can scale globally without relying heavily on U.S. patents, but risk profiles change as growth stabilizes, and copyright and trade dress protections may not provide enough protection in the long term, says Tina Dorr at Barnes & Thornburg.

  • Opinion

    AI-Assisted Arbitration Needs Safeguards To Ensure Fairness

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    As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, ​​​​​​​clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.

  • What New Packaging Waste Laws Mean For Franchisors

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    With states ramping up laws establishing extended producer responsibility programs for packaging materials, paper products and single-use food service ware, restaurant and hospitality franchisors face special compliance challenges as they navigate a delicate balance between conflicting priorities, say attorneys at Baker McKenzie.

  • Series

    Playing Piano Makes Me A Better Lawyer

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    Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.

  • A Look Inside The EEOC Probe Of Nike's DEI Practices

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    The U.S. Equal Employment Opportunity Commission's recent sweeping subpoena against Nike for alleged discrimination against white employees and applicants signals a dramatic change in enforcement posture toward diversity, equity and inclusion programs that were previously permissible, say attorneys at Husch Blackwell.

  • NY RAISE Act Raises The Bar For Frontier AI Developers

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    For organizations developing or substantially modifying highly capable artificial intelligence models, the New York Responsible AI Safety and Education Act represents a meaningful escalation beyond California's S.B. 53, even though it applies to a narrower group of developers, so companies should expect additional obligations, particularly around accelerated incident reporting, say attorneys at Kilpatrick.

  • AI-Generated Doc Ruling Guides Attys On Privilege Risks

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    A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.

  • The Law Firm Merger Diaries: Leadership Strategy After Day 1

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    For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.

  • Calif.'s Civility Push Shows Why Professionalism Is Vital

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    The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.

  • How The Fashion 'Dupe' Economy Is Redefining IP Strategies

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    Fashion brands' recent experiments with unconventional trademark strategies highlight the growing impact that "dupe" versions of luxury items are having on the fashion market, as well as growing pressure points in trademark and trade dress law, say attorneys at Marshall Gerstein.

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