Retail & E-Commerce

  • January 07, 2026

    OpenAI Can't Ax Musk's Fraud Claim Over For-Profit Plan

    A California federal judge indicated Wednesday that she'll deny OpenAI's bid to toss Elon Musk's claims that the artificial intelligence company duped the billionaire into donating $45 million with false promises of remaining a nonprofit, saying "there's plenty of evidence" to take the claim to a jury.

  • January 07, 2026

    Home Depot 401(k) Fight Wraps Before High Court Gets A Say

    The Home Depot and workers alleging mismanagement of their 401(k) plan told the nation's highest court Wednesday they wrapped up their legal battle, just a month after the U.S. solicitor general urged the justices to grant the workers' bid for review and rule for the retailer.

  • January 07, 2026

    Live Nation Looks To Toss BOTS Act Case

    Live Nation and Ticketmaster told a California federal court Tuesday the Federal Trade Commission is trying to use a statute designed to help ticket sellers fight scalping to target operation of the events and the ticketing giant's legitimate resale platform.

  • January 07, 2026

    'I'm Not Buying It': Judge Pans 'Ridiculous' Colgate Argument

    A California federal judge appeared open Wednesday to certifying multiple subclasses in a consumer action alleging Colgate falsely labels its toothpaste tubes as being recyclable, and panned one of the arguments by Colgate's defense attorneys as "ridiculous."

  • January 07, 2026

    Expedia Wants Singapore's Help Getting Docs In Rival's Suit

    Expedia asked a Washington federal judge to help it seek assistance from Singapore's court system to get documents from Trip.com, saying the discovery is pertinent in an antitrust case brought by representatives for a defunct Swiss competitor.

  • January 07, 2026

    Amazon Seeks To Halt Supplement Suit As FDA Nixes Rule

    Amazon called on a Seattle federal judge to pause a proposed class action accusing the e-commerce platform of failing to make certain disclosures on supplement product pages, saying the U.S. Food and Drug Administration plans to revoke the so-called each panel labeling rule at the center of the case.

  • January 07, 2026

    Colo. Knife Manufacturer Says Rival Misused Trademarks

    A Colorado-based knife manufacturer accused one of its competitors in federal court Wednesday of selling products with its trademark brand name and logo without authorization.

  • January 07, 2026

    Texas Tobacco Co. Says Supplier Sabotaged Contract, Sales

    A Texas-based tobacco company is suing its former manufacturer in North Carolina federal court, saying it broke their contract by jacking up its prices, then told retailers to pull the products off their shelves.

  • January 07, 2026

    NJ Town Blasts 'Litigation Tactic' In Mall Sunday Sales Suit

    The New Jersey borough that's home to the American Dream megamall has asked a state judge to dismiss another municipality's lawsuit challenging Sunday sales there, arguing that the complaint failed to articulate any legally cognizable claim against the borough.

  • January 07, 2026

    Amazon Stay Bid Should Fail In Patent Suit, WDTX Told

    Texas-based Headwater Research LLC urged a Texas federal court not to pause its suit accusing Amazon of infringing a pair of server and wireless connection patents while the e-commerce giant challenges the patents at the Patent Trial and Appeal Board.

  • January 07, 2026

    Fans Defend Merch Monopoly Suit Against NFL, Fanatics

    Fans suing the NFL and Fanatics over merchandise licensing agreements are urging a New York federal judge to keep their case afloat, skewering the league's attempt to liken the suit to a similar antitrust case that sputtered recently.

  • January 07, 2026

    DSW Says Sony Copyright Case Filed In Interest Of Efficiency

    The owner of shoe retailer DSW has told an Ohio federal court its lawsuit against Sony Music Entertainment seeking an order finding it did not infringe Sony's copyrights was not an anticipatory action but rather an effort to consolidate multiple infringement allegations into one in the interest of efficiency.

  • January 07, 2026

    FDA Pushes Back On Vape Cos.' 5th Circ. Appeal

    The U.S. Food and Drug Administration is urging the Fifth Circuit to reject a group of appeals from e-cigarette manufacturers seeking to overturn the marketing denial of their flavored vapes, saying the agency did not abuse its discretion in rejecting the companies' products.

  • January 07, 2026

    DC, New Jersey Delis Reach Deal To End Trademark Fight

    Washington, D.C.-based bagel shop and deli Call Your Mother Corp. has agreed to drop a federal trademark lawsuit against a New Jersey deli after the parties reached a deal to end the case.

  • January 06, 2026

    Section 230 Knocks Down Addiction MDL, Meta Tells 9th Circ.

    Meta Platforms Inc. urged a Ninth Circuit panel on Tuesday to find that Section 230 of the Communications Decency Act shields it from sprawling social-media-addiction multidistrict litigation, arguing that the claims go to "the heart of what the statute intends to protect."

  • January 06, 2026

    Amazon Nears Deal With Flex Drivers In Tip Skimming Suit

    Amazon and a group of Flex delivery drivers told a Seattle federal judge Tuesday they've reached an agreement in principle to resolve a 2021 putative class action accusing the e-commerce giant of withholding tips, prompting the court to pause the case pending a final settlement.

  • January 06, 2026

    Amazon Seeks To 'Hot Tub' MIT Prof's Opinion In Antitrust Suit

    Amazon.com Inc. has asked a Seattle federal court for a "hot tub" hearing in a proposed consumer antitrust class action that accuses the e-commerce giant of artificially raising retail prices, saying the novel litigation technique for concurrently questioning parties' experts is needed to vet one expert's change in opinion.

  • January 06, 2026

    Vape Interests Look To 5th Circ. To Halt Miss. E-Cig Law

    A coalition of vaping interests is asking the Fifth Circuit to revive its lawsuit seeking to end a Mississippi law that blocks the sale of synthetic nicotine products, the same parties that are also moving forward with similar efforts at the Sixth Circuit.

  • January 06, 2026

    Ramey Blocked As Atty In Image Patent Fight In NY

    Intellectual property attorney William Ramey was prevented from representing the owner of image processing and modifying patents used in special eyeglasses in an infringement suit in New York federal court, leading the company to abandon the case.

  • January 06, 2026

    Public Health Atty Talks Botulism, Infants And FDA Staffing

    Three years ago, a bacterial outbreak at a Michigan manufacturing plant sparked a shutdown and a national infant formula shortage. Another episode last year at a formula plant in Iowa should be a red flag for the public and a short-handed FDA, according to Sarah Sorscher of the Center for Science in the Public Interest.

  • January 06, 2026

    Atty Apologizes For ChatGPT-Hallucinated Citations In Briefs

    A patent attorney has apologized to a Kansas federal judge for submitting a court filing with case citations hallucinated by ChatGPT, calling the experience "shameful and embarrassing" and saying he was in a poor mental state at the time due to his mother and aunt being hospitalized and dying shortly after.

  • January 06, 2026

    Drugmakers Fight Multifront Legal Battles Over GLP-1s

    In the wake of U.S. Food and Drug Administration approvals for GLP-1 weight-loss drugs, surging public demand and massive profits have inspired a broad range of drugmaker litigation against competitors, alleged counterfeits and telehealth providers.

  • January 06, 2026

    Boscov's Tenant Sues Over Del. Mall Tax Reimbursements

    A company that runs a Boscov's department store in a Newark, Delaware, shopping center has claimed in Delaware state court that the property's landlord forced the company to overpay tax reimbursements.

  • January 06, 2026

    Ill. Judge Trims Most Of Walgreens Shareholder Suit

    An Illinois federal judge on Monday dismissed most claims in a lawsuit alleging Walgreens inflated share prices by concealing the lack of viability of its pharmacy division and primary care investment, warning shareholders not to "waste judicial resources" in amending their allegations by claiming straightforward statements are misleading "absent a coherent argument as to why."

  • January 06, 2026

    Google Wants One Complaint From Ad Tech Rivals, Not Six

    Google has asked a New York federal judge to tee up a bid to forcibly consolidate half a dozen antitrust lawsuits from rivals accusing Google of hobbling their advertising placement technology businesses, arguing one combined complaint would be more efficient for the lawsuits bearing "substantial similarities."

Expert Analysis

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • How Sustainability Reporting Changed In The 1st Half Of 2025

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    Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.

  • 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.

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