Retail & E-Commerce

  • September 09, 2026

    Deckers Denied New Trial On Ugg Boot Design Patent Validity

    A California federal judge denied Deckers Outdoor Corp.'s bid for a new trial over the validity of its design patent for its Ugg Classic Ultra Mini Boot, finding no error in submitting a question of indefiniteness to a jury.

  • September 09, 2026

    Sugar Buyers Want Paul Weiss DQ'd From Price-Fixing MDL

    Hershey, J.M. Smucker and other food makers urged a Minnesota federal judge Tuesday to disqualify Paul Weiss Rifkind Wharton & Garrison LLP from representing Domino Foods in sugar price-fixing multidistrict litigation, arguing the firm is conflicted out because it saw their confidential sugar-purchasing data when it was being considered as plaintiffs' counsel.

  • September 09, 2026

    Stiiizy Beats Bid To Block Packaging Supplier Switch

    A California federal judge said she won't force cannabis distributor Stiiizy Inc. to exclusively buy packaging from an Aurora, Colorado-based supplier, saying the alleged multimillion-dollars in damages caused in this contract dispute do not justify jumping to such an "extraordinary" remedy.

  • September 09, 2026

    Widow Sues Amazon Over Miami Cargo Plane Runway Crash

    The widow of a man killed when an Amazon cargo plane overran a runway at Miami International Airport and plowed into vehicles accused the company and its cargo airline partners of knowingly operating a plane that was "unfit for service," according to a state court lawsuit filed Wednesday.

  • September 09, 2026

    Williams-Sonoma Loses Bid To Arbitrate 'Drip Pricing' Suit

    A California federal judge has allowed a pair of customers to proceed with their lawsuit claiming that Williams-Sonoma advertised low prices then tacked on extra fees at checkout, ruling a mass arbitration provision in the retailer's terms "unconscionably chills" consumers from making claims.

  • September 09, 2026

    Amazon Urges NY Court To Deny E-Book Antitrust Class Cert.

    Amazon on Tuesday objected to a New York federal magistrate judge's recommendation to certify a class of over 30 million customers in a suit accusing it of monopolizing the e-book market, saying the judge disregarded proof that a significant share of the consumers benefited from the challenged practices.

  • September 09, 2026

    Latest $1.5M Turkey Price-Fixing Deal Gets Early OK

    An Illinois federal judge Wednesday gave his initial sign-off to a $1.5 million deal Prestage Farms has inked to resolve certain buyers' claims in sprawling turkey price-fixing antitrust litigation.

  • September 09, 2026

    General Mills, Mars Allege Sugar Price-Fixing Scheme

    General Mills, Kellanova, Mars and Little Debbie maker McKee Foods are suing several major U.S. sugar producers in Illinois federal court, accusing them of conspiring to inflate granulated sugar prices for years by secretly sharing sensitive pricing, sales and supply information through an intermediary.

  • September 09, 2026

    Rise Brewing Urges Justices To Let Juries Weigh TM Strength

    RiseandShine Corp. urged the U.S. Supreme Court on Tuesday to reject what it called the Second Circuit's outlier rule allowing judges to decide the strength of a trademark, arguing in its opening merits brief that the question belongs to juries because it hinges on how ordinary consumers perceive a mark.

  • September 09, 2026

    5-Hour Energy Rival Takes Antitrust Fight To 6th Circ.

    A rival of 5-Hour Energy is taking its beef with the energy shot maker to the Sixth Circuit after a Michigan federal judge refused to revive its claims that the company was keeping competitors out of the market by inking deals that require its products be displayed at checkout counters.

  • September 08, 2026

    Cardboard-Makers Can't Duck Price-Fixing Class Action

    An Illinois federal judge has rejected a bid from major containerboard manufacturers to dismiss a class action accusing them of conspiring to fix prices, saying the plaintiff purchaser's allegations concerning six price increases were well plead and sufficient "to show parallel conduct."

  • September 08, 2026

    Amazon Says No Need For Early Discovery In NJ AG's Case

    Amazon has told a New Jersey federal court there's no need to expedite discovery in the state's case accusing the e-commerce giant of using its market power to stifle competition for delivery drivers, saying the case belongs in front of the National Labor Relations Board.

  • September 08, 2026

    Artist Group Should Face 'WaveyBaby' TM Suit, Judge Says

    A New York federal magistrate judge has recommended allowing a streetwear company's trademark suit against artist collective MSCHF to proceed, finding it plausibly alleged that MSCHF's use of "Wavy Baby" for its now-discontinued sneaker was likely to cause confusion with the company's "WaveyBaby" mark.

  • September 08, 2026

    Apple Fights Masimo Bid To Add $243M To $634M Patent Win

    Apple has pressed a California federal judge to reject Masimo's request for nearly $243 million in interest atop a $634 million patent jury verdict on the Apple Watch's heart rate feature, saying the "staggering" damages are so large that adding more would be an "enormous windfall."

  • September 08, 2026

    Amazon Nearly Controls Full Delivery Driver Market, Suit Says

    Amazon rigged its delivery service partner program to abuse its monopsony power, suppressing wages and imposing working conditions so atrocious that drivers resort to relieving themselves in water bottles to meet inhuman delivery requirements, according to a proposed antitrust class action filed in California federal court.

  • September 08, 2026

    Bridal Shop Says Default Rulings Don't Bar $7M Coverage Suit

    A Manhattan bridal shop urged a New York federal court to reject a magistrate judge's recommendation to toss its suit seeking to recover $7 million from a contractor's insurers, saying its claims can't be voided by a previous default judgment the insurers won against their policyholder.

  • September 08, 2026

    Motorola Tells DC Circ. That Google Search Payments 'Vital'

    Motorola on Friday backed Google with a D.C. Circuit amicus brief arguing the U.S. Department of Justice is wrong to call for a complete ban on Google paying cellphone-makers like Motorola to incorporate Google search into their devices.

  • September 08, 2026

    Insurer Says It Owes No Coverage For Exploding Vape Suit

    An insurer has urged a Washington federal court to find that it does not owe coverage to a vape seller in a product liability suit from a user whose leg was amputated after a vape exploded in his pocket, arguing tobacco and nicotine product and premises exclusions bar coverage. 

  • September 08, 2026

    5th Circ. Nixes Bulk Of NLRB Order In Starbucks Threats Case

    The Fifth Circuit has declined to enforce the bulk of a National Labor Relations Board decision finding Starbucks unlawfully threatened workers with reduced store hours and a hiring freeze in response to a unionization campaign but said one manager unlawfully threatened workers' health and leave benefits.

  • September 08, 2026

    Walmart Illegally Fired Worker For Positive Pot Test, Suit Says

    Walmart illegally fired an employee who tested positive for a nonpsychoactive cannabis metabolite that showed up on his urine drug test, despite lacking evidence that he possessed or used cannabis at the workplace or showed any signs of impairment, alleges a wrongful termination suit removed to California federal court on Friday.

  • September 08, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week saw disputes involving a former NFL star and a $2.5 million solar venture, Morgan Stanley's role in Fox Corp.'s planned $22 billion acquisition of Roku Inc., and JPMorgan Chase & Co.'s effort to pause more than $20 million in legal-fee payments to former Frank executives.

  • September 08, 2026

    Italian Winemaker Wins TM Fight At TTAB

    The Trademark Trial and Appeal Board has blocked a Mexican resort's attempt to register a trademark on wine it sold, after finding it would likely be confused with an Italian winery's brand.

  • September 08, 2026

    5th Circ. Partially Backs NLRB Ruling In Starbucks Union Fight

    The Fifth Circuit backed most of a National Labor Relations Board decision finding that Starbucks engaged in a host of federal labor law violations to suppress a union campaign in upstate New York, ruling that the board's findings are supported by "substantial evidence" presented in the case.

  • September 08, 2026

    Buc-ee's Says Its TM Suits Aren't A 'Bullying' Campaign

    Travel center chain Buc-ee's is pushing back on allegations of trademark bullying from Teddy's Market in a Georgia federal lawsuit that Buc-ee's filed against the convenience store rival, asking a judge to throw out six counterclaims challenging its trademark enforcement and registrations.

  • September 08, 2026

    Amazon Makes Life Tough For Pregnant Workers, Suit Says

    A quartet of former Amazon warehouse workers lodged a proposed class action in New York federal court Tuesday, accusing the e-commerce giant of slow-walking pregnant women's requests for additional breaks and modified job duties and of firing workers over pregnancy-related absences.

Expert Analysis

  • Series

    Ballet Makes Me A Better Lawyer

    Author Photo

    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Illinois BNPL Law Casts Wide Net Over Loan Providers

    Author Photo

    A new Illinois law's broad definition of buy now, pay later providers under its new dedicated licensing and supervisory regime notably imposes conduct standards similar to other consumer credit regimes and aggressively looks through a wide range of business activities and arrangements, say attorneys at Ashurst Perkins.

  • TTAB's Nike Ruling Highlights Trademark Filing Pitfalls

    Author Photo

    The Trademark Trial and Appeal Board's recent decision in Nike v. Blue Ribbon Team illustrates how the Lanham Act's requirement for bona fide intent works in practice, and provides a road map on how to counsel clients before intent-to-use trademark applications are filed, say attorneys at BCLP.

  • NY Tax Talk: Evaluating The Sales Tax Vendor Relief Program

    Author Photo

    New York state’s new penalty abatement and interest discount program, recently enacted alongside mandated sales tax vendor reregistration, may be most useful for vendors that recently lost a protest or have not yet fully paid all the interest and penalties associated with an assessment, says Elizabeth Cha at Eversheds Sutherland.

  • 9th Circ. 'Bad Spaniels' Ruling Rewrites TM Dilution Playbook

    Author Photo

    The Ninth Circuit’s recent ruling that each element of the Jack Daniel's packaging parodied by the Bad Spaniels dog toy must be independently assessed for fame narrows trademark owners' ability to use a flagship mark's halo effect to protect the entire brand from tarnishment, say attorneys at Reed Smith.

  • How Texas' Protein Powder Probe Reflects Prop 65's Influence

    Author Photo

    Texas' recently announced investigation into contaminants in protein powder illustrates how California's Proposition 65, with its hundreds of listed chemicals, safe harbor levels and consumer warnings, may have an influence on enforcement and regulation in other states, say attorneys at Buchalter.

  • Series

    Taekwondo Makes Me A Better Lawyer

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here