Retail & E-Commerce

  • March 18, 2026

    Bath & Body Works Suits Consolidated, But No Lead Attys Yet

    An Ohio federal judge on Wednesday consolidated two shareholder derivative actions alleging Bath & Body Works Inc.'s current and former top brass downplayed certain growth strategy flops, but he stopped short of handing out lead counsel roles, finding it premature to do so.

  • March 18, 2026

    ITC Orders $5M In Penalties For Illegal Chocolate Milk Imports

    The U.S. International Trade Commission has levied $5.3 million in penalties on four grocers that were found to have violated a ban on importing a chocolate malt drink mix.

  • 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.

Expert Analysis

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Union Interference Lessons From 5th Circ. Apple Ruling

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    The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • High Court E-Cig Ruling Opens Door For FDA Challenges

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    There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.

  • How 9th Circ. Customs Ruling Is Affecting FCA Litigation

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    The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • Ruling Puts 11th Circ. At Odds With Bankruptcy Courts

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    While an Eleventh Circuit majority recently found in BenShot v. 2 Monkey Trading and Lucky Shot USA that corporate debtors, like individuals, face certain exceptions to discharge under a nonconsensual Subchapter V plan, the ruling not only reverses the lower court, but opposes the holdings of many other bankruptcy courts, say attorneys at McDermott.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Budget Act Should Boost Focus On Trade Compliance

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    Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Assessing Strategies For Mixed-Use Pro Sports Projects

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    Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • NY Tax Talk: ALJ Vacancy, Online Sales, Budget

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    Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

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