Retail & E-Commerce

  • September 17, 2026

    Sleep Number OK'd For $154M Paydown In Ch. 11 Plan Deal

    A New York bankruptcy judge Thursday authorized personalized mattress retailer Sleep Number to pay down around $154 million of its prepetition debt as part of a Chapter 11 plan support agreement with its unsecured creditors and secured lenders.

  • September 17, 2026

    Trader Joe's Faces Lawsuits Over Sugar Labeling

    Two proposed class actions filed in Illinois federal court Wednesday accuse Trader Joe's of misleading consumers by labeling its Sweet & Sour Gummy Worms and dark chocolate chips as containing zero sugar and no added sugar, respectively, when both products contain an ingredient classified as a sugar under federal labeling rules.

  • September 17, 2026

    Canada Commits To Trade Initiatives With EU, Southeast Asia

    Canadian Prime Minister Mark Carney on Thursday committed to work with European Union officials to enhance the trading relationship between the bloc and Canada as the country's top trade official is scheduled to visit major partners in Asia in the coming days to advance negotiations on trade agreements.

  • September 17, 2026

    OpenAI Aims For $1.2T Valuation, More Rumors

    Artificial intelligence giant OpenAI is mulling a private funding round that could value the ChatGPT maker at $1.2 trillion; Blackstone is looking to raise $8 billion for its latest Green Infrastructure Credit Fund; and Japanese chipmaker Kioxia Holdings is looking to raise $10 billion by listing American depositary receipts.

  • September 16, 2026

    Birkenstock Rival Can't Stomp Out Shoe IP Suit Before Trial

    A Massachusetts federal judge refused Wednesday to grant White Mountain a partial win on Birkenstock's infringement claims in a fight over shoe designs, finding that there are too many factual disputes to determine on summary judgment whether Birkenstock waited too long to sue, so the case must be tried.

  • September 16, 2026

    Grocery Outlet Escapes Investor Suit Over IT Update Risks

    A California federal judge on Wednesday tossed an investor's proposed class action accusing Grocery Outlet Holding Corp. of botching the implementation of an enterprise resource planning system that caused disruptions and financial losses, saying the suit does not show the company's disclosures were misleading or deficient.

  • September 16, 2026

    'Disappointment' Not Enough To Sue Hershey's, Judge Says

    A Florida federal judge Wednesday again dismissed a proposed class action that accuses The Hershey Co. of misleading consumers into thinking its Halloween Reese's brand peanut butter pumpkins have carved-out designs, saying the plaintiffs' "subjective disappointment" was not an injury that gives them standing to sue.

  • September 16, 2026

    New Balance Sues Decathlon Over Kiprun Sneakers 'K' Design

    New Balance hit Decathlon America LLC with a trademark infringement lawsuit over a new line of Kiprun running shoes, with the Boston-based company telling a Massachusetts federal court that the Kiprun design is "virtually identical" to the famous "N" New Balance logo.

  • September 16, 2026

    Portions Of DC Expert Report Nixed In Amazon Antitrust Case

    A D.C. court has granted Amazon's request to strike parts of an expert report supporting the district's antitrust lawsuit against the e-commerce giant.

  • September 16, 2026

    American Eagle Accused Of Infringing 'Overslept' TM

    A New York sleepwear company sued American Eagle on Wednesday over claims of trademark infringement after the apparel giant launched a line of sleepwear called "Overslept," a trademark that is already registered by the plaintiff.

  • September 16, 2026

    House Clears Russia Sanctions Bill With New Tariff Powers

    The U.S. House of Representatives approved legislation Wednesday that would enhance President Donald Trump's economic tools to pressure Russia and Iran, including new tariff authorities to impose duties on imports from countries found to economically support Russia, sending the bill to his desk.

  • September 16, 2026

    Kroger Faces Skepticism In Bid To Slash Wash. AG's Fee Win

    A Washington appellate judge expressed skepticism Wednesday at Kroger's bid to dismiss or reduce the state's $28.4 million fee award for successfully challenging the proposed merger with Albertsons, saying Kroger doesn't know how the Washington State Attorney General's Office split the work with the lead law firm that handled the bench trial.

  • September 16, 2026

    Target Beats NY Warehouse Walking-Time Wage Suit

    Target won't have to face a proposed class action accusing it of shorting warehouse workers for time spent walking to and from their time clocks, after a New York federal judge found Wednesday that state wage law incorporates federal restrictions that make the pre- and post-shift travel noncompensable.

  • September 16, 2026

    Nike Worker Seeks Pay Records In Proposed Class Wage Suit

    A Nike retail worker has asked a Washington federal court to order the company to produce pay and scheduling records for its entire workforce before a class certification fight, arguing Nike has no basis to withhold the data and that a court-filed privacy agreement adequately protects workers' personal information.

  • September 16, 2026

    Zillow Must Arbitrate MLS Claims, Compass Claims Paused

    An Illinois federal court has refused Zillow's request for an injunction in its case accusing a Chicago-area multiple listing service of working with Compass to block access to home listings and sent the claims against the MLS to arbitration.

  • September 16, 2026

    $11M Fragrance Price-Fixing Deal Gets Final OK

    A New Jersey federal judge Wednesday signed off on an $11 million "icebreaker" deal between a group of consumers and International Flavors and Fragrances Inc. in sprawling price-fixing antitrust litigation against four major fragrance ingredient makers.

  • September 16, 2026

    11th Circ. Revives Walmart Malicious Prosecution Claim

    The Eleventh Circuit affirmed Wednesday a lower court's decision to assert jurisdiction over some, but not all, of the state law claims leveled by a man who sued Walmart after a shoplifting arrest, but revived a malicious prosecution claim against the retail giant. 

  • September 16, 2026

    FTC Deal Bars Gunmakers From Overlapping Board Members

    Beretta Holding SA is swearing off putting any of its own executives on fellow gunmaker Ruger's board under a Federal Trade Commission settlement announced Wednesday addressing competitive overlap concerns from a more than $100 million deal that will increase Beretta's stake in the company from 9.95% to up to 25%.

  • September 16, 2026

    Footwear Co. Not Covered In Email Class Fight, Insurers Say

    Three Nationwide units said they owe no coverage to a footwear company accused of violating Washington state law by sending misleading email advertisements, telling a Washington federal court that coverage is barred by an exclusion for the distribution of material in violation of law.

  • September 16, 2026

    Apple Backs Its $132K Fee Ask Over 'Bad Faith' Subpoenas

    Apple has urged a California federal magistrate judge to grant its $132,700 attorney fee request as a sanction against plaintiff consumers' lead lawyer in antitrust litigation claiming Google muscles out rival search engines, but said Apple's counsel doesn't want to disclose their "highly and competitively sensitive" negotiated legal rates.

  • September 16, 2026

    6th Circ. Ruling Puts Cannabis Deals In Question

    The Sixth Circuit's decision reversing a $31.8 million jury judgment against cannabis giant Curaleaf on the grounds that marijuana is federally illegal is bound to have ramifications for industry players who seek redress in federal courts, attorneys told Law360.

  • September 16, 2026

    EU Eyes Canada As First Associate Member Amid Rift With US

    The European Union may take steps to include Canada as its first associate member in the wake of growing U.S. trade uncertainty, European Commission President Ursula von der Leyen said Wednesday.

  • September 15, 2026

    Fintech Co. Says Nuvei Bungled Mastercard Transactions

    Chicago-based fintech and futures prop trading firm Topstep has sued Nuvei Technologies in Arizona federal court, alleging the payment processor concealed a system error that bungled 189,000 Mastercard transactions and then tried to improperly resubmit them, leaving Topstep's customers "blindsided with unexpected charges" and resulting in reputational harm to Topstep.

  • September 15, 2026

    Enova Cites Regulatory Uncertainty As It Ends Bid For Bank

    Fintech lender Enova International has scrapped a proposed $369 million purchase of Grasshopper Bancorp Inc., dropping its closely watched bid to enter the federal banking system after months of regulatory review and criticism from consumer advocates.

  • September 15, 2026

    Ex-Fintech CEO Must Face Investors' Market Manipulation Suit

    A New Jersey federal judge has ruled the former CEO of Future FinTech Group must face investor claims that he manipulated the company's share price to create an illusion of market demand after the company's failed reinvention from selling fruit juice to blockchain e-commerce.

Expert Analysis

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Target's ERISA Win Doesn't Ax Tobacco Surcharge Questions

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    Though a Minnesota federal court's recent dismissal of a putative class action challenging Target's tobacco surcharge wellness program offers employers a defense road map, courts' differing conclusions about the Employee Retirement Income Security Act versus U.S. Department of Labor requirements leave the legal landscape unsettled, say attorneys at McGuireWoods.

  • How 'Most Favored Nation' Regime Affects Biopharma Deals

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    As M&A activity surges in the biopharma space, companies will need to account for the Trump administration's most-favored-nation pricing proposals — durable in concept, if unsettled in detail — when drafting deals, say attorneys at Gibson Dunn.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • NY Bill Would Boost Litigation Risk For Cosmetics Cos.

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    The Beauty Justice Act, now pending in the New York Legislature, would not only present compliance challenges for companies making cosmetics and personal care products, but could also be used by private plaintiffs to bring consumer fraud, false advertising, toxic exposure and product liability claims, says Kadeejah Kelly-Previl at Faegre Drinker.

  • Appellate Vape Rulings May Expand State Regulation Powers

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    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

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    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

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    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

  • Costco Chicken Case Highlights Food Labeling Lessons

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    Recent litigation over allegedly deceptive food labels, including the ongoing proposed class action in a California federal court over Costco's rotisserie chicken, shows that plaintiffs rarely focus on single label statements in isolation — so product claims that comply with regulations could still incur litigation risk, says Brandy Alonzo-Mayland at Michelman & Robinson.

  • Addressing Merchant Cash Advances In Subchapter V

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    As regulatory enforcement continues and more small businesses turn to Subchapter V bankruptcy to manage merchant cash advance debt, counsel and trustees can take meaningful steps throughout the bankruptcy process to successfully counteract the potentially nefarious actions of MCAs, say Hannah Hutman at Hoover Penrod and Starria Cuffee at Stretto.

  • Monitor Exposure, Stay Flexible Amid Tariff Uncertainty

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    To navigate an unstable trade environment, businesses must evaluate their exposure to new tariffs invoked under a patchwork of statutory authorities and be prepared to adapt to further changes that may be on the horizon, says Bhargav Prajapati at Capital Trade.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

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    The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • What Calif.'s New Focus On Microplastics Means For Cos.

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    The recent move by California's Department of Toxic Substances Control to designate microplastics as candidate chemicals under its Safer Consumer Product regulations does not create a new product restriction — but it expands the agency's future reach by putting microplastics on the department’s regulatory runway, says Gregory Berlin at Alston & Bird.

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