Retail & E-Commerce

  • March 25, 2026

    Cognizant Must Face Clorox's $380M Suit Over Login Sharing

    A California state judge has trimmed Clorox's $380 million lawsuit accusing the cybersecurity company Cognizant of enabling a "catastrophic" 2023 cyberattack by voluntarily handing over Clorox employee passwords after hackers merely asked for them, tossing an intentional misrepresentation claim but keeping the bulk of the suit alive.

  • March 25, 2026

    Ulta Seeks Quick Appeal To Challenge Wash. Antispam Statute

    Beauty retailer Ulta asked a Washington federal judge this week for permission to immediately appeal a February ruling that upheld the validity of a state law barring commercial emails with false or misleading subject lines, a move that could have sweeping implications for dozens of pending lawsuits brought under the statute.

  • March 25, 2026

    Nut Co. Can Argue Pistachio Trade Dress Is Generic

    A New York federal judge has allowed the majority of Nut Cravings Inc.'s counterclaims in a trademark infringement suit involving pistachios to survive, letting the company continue arguing that The Wonderful Co.'s trade dress is generic and unprotectable.

  • March 25, 2026

    Fake Urine Co. Says Smoke Shop Infringed Brand

    The maker of Quick Fix, a synthetic urine product, is suing an Alabama smoke shop and its owner, accusing them of selling a knockoff version of its product and damaging the company's brand.

  • March 25, 2026

    Starbucks Roasts Consumers' Suit Doubting Ethical Sourcing

    Starbucks is urging a Seattle federal judge to throw out a proposed class action accusing the java giant of playing up its "ethical sourcing" commitment despite supply chain labor violations, saying customers cannot sue based on mere disappointment with the company's coffee farm certification standards.

  • March 25, 2026

    Security Co. Wants Out Of Pot Store Raid RICO Suit

    A security company is urging an Illinois federal court to throw out a dispensary's claims that it engaged in racketeering by assisting in an illegal raid by the dispensary's former business partners, saying the complaint fails to allege what it did to further the purported scheme.

  • March 25, 2026

    Mom Tying Abbott Formula To Baby's NEC Takes The Stand

    A plaintiff claiming Abbott Laboratories' preterm baby formula contributed to her infant's development of a serious gut condition told an Illinois jury Wednesday that she wouldn't have allowed her baby to consume the formula had she known it increased the risk of the infection, saying her now-teenage daughter still struggles with medical complications as a result.

  • March 25, 2026

    Ramp Up Router Power Levels, Electronics Biz Tells FCC

    Consumer electronics-makers want the Federal Communications Commission to ramp up allowed power levels for routers as one way to boost Wi-Fi performance in the U.S.

  • March 25, 2026

    Judge Lets NY Cannabis Licensing Challenge Proceed

    Following a recent Second Circuit ruling that the dormant commerce clause applies to marijuana, a New York federal judge Wednesday rejected state cannabis regulators' bid to dismiss a constitutional challenge to their licensure program.

  • March 25, 2026

    Ecolab Trims But Can't Escape Mortality Table Pension Suit

    A Minnesota federal judge trimmed but refused to toss a proposed class action against Ecolab Inc. from retirees who alleged their joint-and-survivor annuity pension benefits were miscalculated, holding that two early retirees who sued lacked standing and that a fiduciary breach claim was time-barred.

  • March 25, 2026

    Idaho Expands Retail Developer Sales Tax Rebate

    Idaho expanded a sales tax rebate to reimburse developers of retail complexes for eligible transportation project expenses under a bill signed by the governor.

  • March 25, 2026

    Md. Tells 4th Circ. Not To Revive Pot Licensing Suit

    Maryland cannabis regulators are urging the Fourth Circuit to leave dismissed a California entrepreneur's suit alleging that its social equity licensing program discriminates against out-of-state operators, saying her complaint fails to establish any real harm.

  • March 24, 2026

    Lowe's Says Ex-Worker's Moonlighting Class Action Falls Flat

    Lowe's urged a Seattle federal judge to reject a putative class action accusing it of wrongfully barring low-wage workers from taking extra jobs elsewhere, arguing in a filing Monday that the named plaintiff in the suit made too much money and admitted never seeing the retailer's policy documents she said prohibited outside work.

  • March 24, 2026

    Nicotine Pouch Maker To Refile FDA Suit In DC After Transfer

    The maker and seller of Zone nicotine pouches on Tuesday dismissed its own lawsuit accusing the U.S. Food and Drug Administration of unfairly holding up a market application for its product, promising to refile in D.C. federal court after a Texas federal court transferred it to South Carolina federal court.

  • March 24, 2026

    Wayfair's 30-Day Return Policy Is Misleading, Shopper Says

    Wayfair deploys a misleading 30-day return policy for merchandise sold on its website without conspicuously disclosing at the checkout page that some items are not returnable, leading shoppers to make their purchasing decisions under false impressions, according to a false advertising suit filed Monday in a California state court.

  • March 24, 2026

    Jewish Worker's Time Off Need Got Him Demoted, EEOC Says

    Dolgencorp LLC, the operator of Dollar General stores, violated federal law by demoting a Jewish assistant store manager due to his efforts to secure time off to observe his Sabbath, the U.S. Equal Employment Opportunity Commission said Tuesday.

  • March 24, 2026

    DoorDash's Zesty AI Food App Copies Rival Zest, Suit Says

    Artificial intelligence-driven food discovery platform Zest Maps Inc. says DoorDash has launched its own AI-powered app called Zesty, which also includes lemon imagery, infringing Zest's name and design and causing consumer confusion, according to a lawsuit filed Tuesday in California federal court.

  • March 24, 2026

    Chicago Cannabis Co. Inks $250K Tip Theft Settlement

    Chicago-area budtenders are asking a federal judge to approve a $250,000 deal that would end a proposed class action accusing their employer of unlawfully taking tips meant for them and giving the money to managers and supervisors.

  • March 24, 2026

    4th Circ. Affirms False Ads Verdict Against Chinese Pool Co.

    The Fourth Circuit on Tuesday affirmed a jury verdict finding a Chinese pool parts company liable for falsely advertising its products as made in the USA as part of a larger judgment favoring a North Carolina manufacturer that has since ballooned to over $17 million.

  • March 24, 2026

    Wash. Store Owner, Insurer Say Tool Co. Owes $8.7M For Fire

    A defective Stanley Black & Decker Inc. battery pack caused a fire that destroyed a Washington Ace Hardware store, the store owner and its insurer said Tuesday in a suit against the toolmaker in Washington federal court, seeking to recover more than $8.7 million in damages.

  • March 24, 2026

    ITC Opens More Infringement Probes Into New IP Matters

    The U.S. International Trade Commission has launched more infringement investigations over patents and other intellectual property that have not been in dispute there before, a trend attorneys say could be tied to a decision broadening who can get imports blocked as well as changes at the U.S. Patent and Trademark Office that limit patent challenges.

  • March 24, 2026

    Justices Asked To Revisit 9th Circ.'s Walmart Copyright Ruling

    A sculptural lamp designer has asked the U.S. Supreme Court to review a split Ninth Circuit decision that overturned part of a copyright jury verdict against Walmart, arguing that the appellate court improperly reweighed trial evidence after the retailer failed to appeal the denial of its post-verdict motion for judgment as a matter of law.

  • March 24, 2026

    Court Rules Insurers Not Liable For Nitrous Oxide Injuries

    A Louisiana federal judge has released two insurance companies from having to defend a nitrous oxide seller in a personal injury suit after the court found that injuries stemming from the use of psychotropic substances were excluded from coverage.

  • March 24, 2026

    Zillow Wants Out Of Proposed Monopoly Class Action

    Zillow Group Inc. urged a Washington federal court to dismiss a proposed class action alleging real estate agents were forced to promote its loan business in exchange for client referrals, arguing the agents failed to name which market was impacted by the alleged conduct.

  • March 24, 2026

    EU, Australia Reach Major Free Trade Deal, Cut Tariffs

    The European Union and Australia on Tuesday agreed to terms of a free trade deal that would nearly zero out tariffs on trade between them following eight years of negotiations.

Expert Analysis

  • How Cos. Can Roll With NY's New Algorithmic Pricing Rules

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    Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.

  • Series

    Law School's Missed Lessons: Practical Problem Solving

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    Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.

  • Opinion

    A Uniform Federal Rule Would Curb Gen AI Missteps In Court

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    To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.

  • Netflix Caps 2025 M&A Deals That Will Test Antitrust Strategy

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    The 2025 media consolidation trend culminated in Netflix's $82.7 billion Warner Bros. Discovery announcement, but the Antitrust Division of the U.S. Department of Justice is likely to question whether remedies short of blocking the deal could credibly preserve competition, says Brian Pandya at Duane Morris.

  • AG Watch: Texas Junk Fee Deal Shows Enforcement Priorities

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    Texas Attorney General Ken Paxton's recent $9.5 million settlement with online travel agency website Booking Holdings for so-called junk fee practices follows a larger trend of state attorneys general who have taken similar action and demonstrates the significant penalties that can follow such allegations, say attorneys at Kelley Drye.

  • A Look At The Wave Of 2025 Email Marketing Suits In Wash.

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    Since the Washington Supreme Court's ruling in Brown v. Old Navy in April, more than 30 lawsuits have alleged that a broad range of retailers across industries sent emails that violate the Washington Commercial Electronic Mail Act, but retailers are unlikely to find clear answers yet, says Gonzalo Mon at Kelley Drye.

  • Series

    The Law Firm Merger Diaries: Integrating Practice Groups

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    Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.

  • Patent Disclaimers Ruling Offers Restriction Practice Insights

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    The Federal Circuit's recent decision in Focus Products v. Kartri confirms that prosecution disclaimers can extend to examiner-defined species in restriction practice, making it important for patent practitioners to manage restriction requirement responses carefully to avoid unintended claim scope limitations, say attorneys at BCLP.

  • Opinion

    Supreme Court Term Limits Would Carry Hidden Risk

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    While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • How Choice Of Law Won The Day In NC Biz Court COVID Case

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    The North Carolina Business Court recently ruled for policyholders in Tanger Properties v. ACE American Insurance, a business interruption lawsuit arising from the pandemic-related closure of Tanger outlet centers, underscoring the significant role that choice of law plays in insurance coverage disputes, say attorneys at Hunton.

  • Series

    Knitting Makes Me A Better Lawyer

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    Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.

  • Series

    The Biz Court Digest: Welcome To Miami

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    After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

  • Identifying And Resolving Conflicts Among Class Members

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    As the Fifth Circuit's recent decision in Nova Scotia Health Employees' Pension Plan v. McDermott International illustrates, intraclass conflicts can determine the fate of a class action — and such conflicts can be surprisingly difficult to identify, says Andrew Faisman, a clerk at the U.S. District Court for the Southern District of New York.

  • How MAHA Is Taking Shape At The State Level

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    The national spotlight on the federal government's Make America Healthy Again movement is bolstering state-level actions regarding potential health impacts of certain food ingredients, increasing the difficulty and importance of maintaining effective compliance programs, say attorneys at Cooley.

  • AI Evidence Rule Tweaks Encourage Judicial Guardrails

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    Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

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