Retail & E-Commerce

  • August 04, 2026

    11th Circ. Backs $12M Battery IP Award, But Drops Damages

    The Eleventh Circuit on Tuesday affirmed a Florida federal jury's conclusion that a battery charger company infringed a competitor's trademarks with Amazon advertisements and other communications and upheld a $12.1 million disgorgement order — although it ordered a new trial on a separate $1.3 million damages award.

  • August 04, 2026

    Kirkland, Jones Day Guide P&G's $3.8B Buy Of Thorne

    Procter & Gamble is acquiring supplements company Thorne from L Catterton for $3.8 billion in cash, with Kirkland & Ellis LLP and Jones Day serving as legal advisers in the transaction, the companies announced Tuesday.

  • August 04, 2026

    Search Rival, Advocates Back DOJ Against Google In DC Circ.

    Academics, policy experts, advocacy groups and several rivals lent their voices Tuesday to the U.S. Department of Justice's defense of its monopolization win over Google, while urging the D.C. Circuit to strengthen the "relatively modest remedies" they say leave Google able to dominate both search and artificial intelligence.

  • August 04, 2026

    Ace Hardware Seeks To Escape Price-Fixing Suit

    Ace Hardware urged an Illinois federal court to toss a proposed class action accusing the retail cooperative of helping its member stores conspire to fix prices, saying the case attacks services the stores need to compete against Home Depot and others.

  • August 04, 2026

    Colo. Judge Stays Carvana Manager's Safety Concerns Suit

    A Colorado federal judge agreed to stay a former Carvana manager's lawsuit against the automobile dealer that claimed the company fired him for reporting violations of motor vehicle safety regulations and raising safety concerns.

  • August 04, 2026

    Texas Hemp Suit Says Federal Law Preempts State Policy

    A trio of hemp interests have brought a new federal lawsuit against Texas officials challenging the constitutionality of new state-led restrictions redesignating intoxicating hemp products as Schedule I substances.

  • August 04, 2026

    Campbell's And Staffing Co. Hit With Unpaid OT Suit

    The Campbell's Co. and the staffing firm CorTech LLC violated federal and state wage laws by requiring hourly contingent workers to work nights and weekends without overtime pay, a proposed class and collective action filed in New Jersey federal court claims.

  • August 04, 2026

    9th Circ. Vacates Amazon's Block On Perplexity AI Bot

    The Ninth Circuit on Tuesday vacated a lower court's preliminary injunction preventing Perplexity's artificial intelligence tool from purchasing items for users on Amazon's platform, saying the online retailer is unlikely to prevail on its claim that the AI tool "accessed" its servers in violation of computer hacking laws.

  • August 04, 2026

    Digital Marketing Co. Ibotta Beats Shareholder's IPO Action

    Digital consumer discount company Ibotta Inc. has escaped a proposed shareholder class action accusing it of misleading investors in the lead-up to the company's 2024 initial public offering, with a Colorado federal court ruling the allegations do not connect the defendants to intentions to defraud.

  • August 04, 2026

    Judge Undoes Default Order Against Hemp Co. In CBD Oil Suit

    A federal judge set aside a default order against a Washington cannabis grower that failed to timely answer counterclaims in a dispute over a multimillion-dollar hemp biomass purchase agreement, finding the company's late filing was due to attorney and staff error rather than willful misconduct.

  • August 04, 2026

    35 AGs Urge Congress Not To Delay Hemp Ban Rollout

    A bipartisan coalition of state attorneys general is urging Congress not to approve language in a pending continuing resolution that would delay the implementation of a ban on virtually all intoxicating hemp products for one month.

  • August 04, 2026

    9th Circ. Tosses Jack Daniel's Win In 'Bad Spaniels' Fight

    The Ninth Circuit on Tuesday overturned the permanent injunction Jack Daniel's secured against VIP Products in their decade-long trademark fight, ruling in a precedential opinion that the whiskey maker failed to prove the poop-themed "Bad Spaniels" dog toy was likely to tarnish its famous marks.

  • August 04, 2026

    Mexico, Japan Eye Trade Cooperation On Energy, AI

    Mexico and Japan are looking to heighten their coordination on trade matters in fields including energy and technology, the two governments said after a meeting of officials.

  • August 04, 2026

    Amazon Delivery System Suppresses Wages, NJ AG Says

    New Jersey's attorney general hit Amazon with a federal antitrust suit Tuesday, alleging the company engineered its Delivery Service Partner program to create a "captive seller," then used its dominance to impose substandard pay, harsh working conditions and anti‑union tactics on thousands of last‑mile delivery drivers across the state.

  • August 03, 2026

    9th Circ. Revives Claims Over FDA, USDA 'FODMAP' Labeling

    The Ninth Circuit on Monday partially revived a lawsuit against the U.S. Food and Drug Administration and the U.S. Department of Agriculture over federal regulations restricting food companies from labeling products with information about difficult-to-digest sugars known as "FODMAPs."

  • August 03, 2026

    PetMeds Beats Pixel Tracking Privacy Suit Over Standing Flaw

    A Florida federal judge has tossed a proposed class action accusing online pet pharmacy PetMed Express Inc. of deploying tracking tools that illegally transmitted website visitors' data to third parties, finding that class discovery had revealed the plaintiffs lack standing to support their remaining federal and state wiretap claims. 

  • August 03, 2026

    Five Below Investors Win Class Cert. In Growth Potential Suit

    A Pennsylvania federal judge on Monday certified an investor class action alleging Five Below and its executives overstated the company's growth prospects and its ability to curb inventory loss, finding the defendants did not rebut the presumption of reliance on the alleged misrepresentations.

  • August 03, 2026

    Albertsons Says Wash. Slow To Warn Of Bad Drug Prescribers

    Washington regulators didn't notify pharmacies or patients about doctors' potentially improper opioid prescribing until months after receiving complaints, Albertsons' counsel told a Seattle judge Monday, as the bench trial over Washington's claims the pharmacy chain helped fuel the state's overdose crisis entered its fourth week.

  • August 03, 2026

    Pokémon Sued Over Director's Alleged Secret Bathroom Cams

    A Pokémon employee has launched a proposed class action against the trading card giant in Washington state court, claiming a former engineering director installed secret cameras in bathrooms of its Evergreen State corporate office to surveil women and children as they undressed.

  • August 03, 2026

    25 States Sue Trump Over 3rd Round Of Global Tariffs

    California, Arizona and 23 other states sued the Trump administration in the U.S. Court of International Trade on Monday claiming the president is trying for a third time to impose illegal tariffs against nearly all the country's trading partners, this time under the cover of federal law meant to combat forced labor.

  • August 03, 2026

    Guitar Co.'s New Trial Request In Gibson TM Case Falls Flat

    A Texas federal judge has backed a jury's finding that a Florida-based guitar-maker infringed Gibson Inc.'s trademarks on the shapes of some of its famous guitars, like the Flying V and Explorer, and upheld his order awarding Gibson $168,000.

  • August 03, 2026

    9th Circ. Won't Revive Google Rival's Antitrust Suit

    A panel of the Ninth Circuit has refused to reinstate an ad tech company's allegations that Google harmed market competition for digital advertising by removing a now-defunct advertising app from its Play Store.

  • August 03, 2026

    Jury Clears DoorDash In Data IP Case After Other Suits Settle

    A federal jury in the Eastern District of Texas has found that DoorDash did not infringe a data management patent owned by Fall Line Patents, handing a loss to the company that has reached settlements in several other suits against fast food companies.

  • August 03, 2026

    T-Mobile Hit With Class Action Over Retirement Fund

    A proposed class action has been filed against T-Mobile in Washington federal court by a retirement plan participant who claims the company's plan lost more than $35 million in retirement returns by using a chronically underperforming investment fund.

  • August 03, 2026

    Monthly Merger Review Snapshot

    A group of state enforcers challenged Paramount's planned $110 billion acquisition of Warner Bros. Discovery, as a separate group of states and DirecTV accused Nexstar of violating an order preventing it from integrating with Tegna and the Federal Trade Commission faced a bench trial seeking to block a constructive adhesive deal.

Expert Analysis

  • Series

    Law School's Missed Lessons: The Human Element

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    Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • What New Animal Welfare Enforcement Push Means For Cos.

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    The Trump administration's recently announced multiagency focus on violations of the Animal Welfare Act and related laws will likely lead to broader enforcement actions across industries, heightened scrutiny of compliance standards and a need for businesses to adopt effective risk management practices, says Shennie Patel at Crowell & Moring.

  • How To Engage With Gov't's Direct-To-Consumer Drug Policy

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    The U.S. Department of Health and Human Services' recent request for industry input on manufacturers' direct-to-consumer drug sales reflects the government's caution in this arena, and allows stakeholders a rare opportunity to help shape policy, says Mary Kohler at Kohler Health Law.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • AG Watch: Ohio Targets DEI Policies

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    As Ohio Attorney General Dave Yost seeks to eliminate diversity, equity and inclusion programs in both public education institutions and private companies, Ohio entities must carefully navigate this constantly evolving, highly contentious topic to avoid litigation while also not forfeiting their core principles, say attorneys at BakerHostetler.

  • Strategies For Retailers, Landlords In M&A Portfolio Reduction

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    With more retailers likely to merge or be acquired in 2026, both landlords and companies looking to renegotiate their real estate footprints can strike successful deals through advance planning, understanding rights allocations and maintaining realistic leverage assessment, say attorneys at Jenner & Block.

  • Opinion

    Fed. Circ. Must Bury Design Patent Doctrinal Zombies

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    After recently finding noninfringement in Range of Motion Products v. Armaid, the Federal Circuit must rehear the case to confront two troublesome doctrines of design patent law claim construction — feature filtration and claim verbalization — that have lingered for decades and intensified in recent years, say attorneys at McAndrews Held.

  • Ill. Swipe Fee Ruling Sets Stage For A High-Stakes Appeal

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    In Illinois Bankers Association v. Raoul, an Illinois federal court upheld the state's ban on credit and debit card swipe fees on tax and tip payments, while permanently enjoining the statute's data usage limitation, but an imminent appeal could significantly influence the trajectory of state-level payments regulation, say attorneys at Latham.

  • Drug Wholesaler's DPA Shows Imperfect Efforts Still Count

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    Atlantic Biologicals’ recent deferred prosecution agreement with federal prosecutors for allegedly distributing controlled substances to pill mill pharmacies demonstrates that even subpar cooperation, when combined with genuine remediation and strategic advocacy, can yield outcomes that protect a company's long-term interests, says Jonathan Porter at Husch Blackwell.

  • How The New Tariff Landscape May Unfold

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    To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.

  • The Cautionary Tale Of A Supply Chain Inquiry 'Made In Italy'

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    Legal probes into the Italian luxury fashion supply chain reflect the need for effective buy-side diligence with a variety of tools and through a variety of lenses to avoid an issue after an M&A transaction, says Jesse Silvertown at Hesparus.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Compliance Takeaways Amid Subscription Practices Scrutiny

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    The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

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