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

  • How To Gear Up For Trump's Pharma Tariffs

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    President Donald Trump's proclamation establishing tariffs on certain pharmaceutical products holds a few areas of ambiguity that companies should review and prepare for before the tariffs come into effect later this year, say attorneys at Arnold & Porter.

  • Sizing Up The 3-Way Battle For 'Iceman' IP Rights

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    A complex intellectual property conflict is unfolding between athletes Caleb Williams, George Gervin and Chuck Liddell — each of whom has different, credible claims to the "Iceman" nickname and associated trademark rights, say attorneys at Foley & Lardner.

  • Fed. Circ.'s Christmas Tree Verdict Presents Patent Suit Tips

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    The Federal Circuit's recent decision in Willis Electric v. Polygroup, upholding a $42.5 million verdict for infringing an artificial prelit Christmas tree patent, underscores important strategies and considerations for both patent owners and accused infringers when dealing with obviousness challenges and damages calculations, say attorneys at BCLP.

  • OFAC Signals Sanctions Diligence Can't Stop At 50% Rule

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    Recent guidance from the Office of Foreign Assets Control, along with several enforcement actions looking beyond the 50% formal ownership requirement, sends a clear message that sanctions due diligence must consider a variety of factors, including degree of control, practice of actual dealings and the involvement of proxies, say attorneys at Jenner & Block.

  • Series

    Officiating Football Makes Me A Better Lawyer

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    Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

  • Written Consent Ruling May Signal Change For Telemarketing

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    The Fifth Circuit's ruling in Bradford v. Sovereign Pest Control is a takedown of the Federal Communications Commission's prior express written consent regulation, and because Loper Bright empowers courts to disregard agency interpretations, Telephone Consumer Protection Act litigants now have an opportunity to challenge previously settled FCC regulations, orders and interpretations, say attorneys at Manatt.

  • Series

    Law School's Missed Lessons: How To Draft Pleadings

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    Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

  • Mitigating Multistate Risks As California Expands Tax Reach

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    Though California's new sourcing rules and extension of the pass-through entity election have created uncertainty, practitioners should file protective returns to respect the law's ambiguity and take certain other steps to protect clients from the costs of losing a future audit, says attorney Delina Yasmeh.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

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    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

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    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

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    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • What Cos. Should Look For As Minn. Plans PFAS Product Ban

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    As regulators finalize rulemaking for Minnesota's sweeping restrictions on per- and polyfluoroalkyl substances in consumer and commercial products, manufacturers, importers, distributors and retailers should pay attention — especially to how the pathway for essential use exemptions ends up being defined, say attorneys at Alston & Bird.

  • Opinion

    CBP's $166B Tariff Refund Portal Needs 4 Safeguards

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    Before launching its automated web portal to process tariff-refund disbursements on April 20, U.S. Customs and Border Protection should apply the expensive lessons learned from the pandemic-era employee retention credit, says Peter Gariepy at RubinBrown.

  • Decoding Arbitral Disputes: Tracing Paths To Award Recovery

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    Recent subpoenas to Adidas and Hilton deployed in Blasket Renewables v. Spain, pending in D.C. federal court, show arbitration award recovery to be a disciplined exercise in constructing visibility, applying pressure and sequencing procedural advantage, says Josep Galvez at 4-5 Gray's Inn Square.

  • How CFPB Opinion Changes Earned Wage Access Definition

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    The Consumer Financial Protection Bureau's recent conclusion that earned wage access is not "credit" for purposes of Regulation Z of the Truth in Lending Act improves on prior guidance on these products in several meaningful ways, say attorneys at K&L Gates.

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