Hunton Retail Law Resource

A recent decision from the Southern District of New York offers useful guidance for retailers defending website accessibility claims under Title III of the Americans with Disabilities Act. In Jones v. Moscot.com, LLC, the court dismissed the plaintiff’s ADA claim as moot after concluding that the retailer’s remediation efforts and ongoing accessibility measures eliminated any live controversy. As background, Title III of the ADA provides a narrow remedial framework for private plaintiffs, only authorizing civil actions for preventative relief via injunctions and restraining orders. Monetary damages are not available to private plaintiffs for a past violation, so the success of a plaintiff’s ADA accessibility claim depends on a showing that the violation will continue.

California finalized its extended producer responsibility regulations effective May 1, 2026, requiring producers to register by June 1 through Circular Action Alliance or CalRecycle. CalRecycle also launched a new compliance system, while Circular Action Alliance issued non-binding illustrative fees ahead of final rates expected in October 2026.

Maryland’s Protection From Predatory Pricing Act, signed on April 28, 2026 and effective October 1, 2026, is the first state law to directly prohibit certain personalized grocery pricing practices by grocery stores and third-party grocery delivery services, barring the use of consumers’ personal data to set individualized prices or charge higher prices for groceries and restricting discriminatory uses of data relating to legally protected classes. Enforced exclusively by the Maryland Attorney General, the Act includes a guaranteed 45-day cure period, no private right of action, and civil penalties of up to $10,000 per violation, or $25,000 for repeat violations, and it reflects a growing national trend toward tighter regulation of surveillance and algorithmic pricing.

In Coney Island Auto Parts Unlimited, Inc. v. Burton (Jan. 20, 2026), the Supreme Court held that motions to vacate void judgments under Federal Rule of Civil Procedure 60(b)(4) are subject to Rule 60(c)(1)’s requirement that they be filed within a “reasonable time.” This rejects the prior view in many circuits that void judgments could be challenged at any time. For corporate defendants, the decision makes prompt action critical: once a company learns of a default judgment it believes is void due to defective service or lack of personal jurisdiction, delay can forfeit Rule 60(b)(4) relief.

The FTC’s 2026–2030 Strategic Plan sets out a five-year agenda focused on three priorities: consumer protection, competition enforcement, and operational efficiency. It highlights enforcement against unfair or deceptive practices, anticompetitive conduct, and illegal monopolies, while also aiming to improve agency performance through tools such as AI and data analytics.

The plan restores traditional mission language stating the FTC will enforce the law “without unduly burdening legitimate business activity,” a change welcomed by business groups. Key enforcement priorities include telemarketing, children’s online privacy under COPPA, data privacy and security, and merger review in the technology, healthcare, and pharmaceutical sectors. The FTC also signals increased coordination with federal, state, and international enforcers, suggesting continued and potentially stronger scrutiny for companies in these areas.

California has introduced Assembly Bill 2244, proposing a pioneering “California Certified” labeling standard for foods not classified as ultra-processed. The bill relies on forthcoming regulatory definitions and imposes retail placement requirements for qualifying products. As California continues to advance UPF regulation, this initiative is expected to shape food law trends nationwide.

A recent ruling from a Texas federal court has confirmed that corporate bylaws can lawfully require shareholders to meet a minimum ownership threshold in order to initiate derivative actions. In its March 17, 2026 decision in Gusinsky v. Reynolds, the court upheld the right of publicly traded Texas corporations to restrict derivative lawsuits by establishing a minimum shareholding requirement for claimants—a development that could significantly impact the landscape of shareholder litigation in Texas.

The California Consumer Privacy Act continues to drive significant enforcement activity—particularly when minors’ data is involved. In a recent action, the California Privacy Protection Agency imposed a $1.1 million fine on youth sports platform PlayOn Sports for alleged violations involving student data and inadequate opt-out mechanisms. The case highlights growing regulatory scrutiny around how companies collect, share, and provide transparency about personal information—especially when schools and students are involved. 

The post-COVID real estate market has seen a surge in luxury gyms and fitness spaces.  Members are willing to shell out several hundred dollars a month for memberships at popular high-end fitness chains. These modern luxury gyms offer more than just workout spaces.  Many offer holistic lifestyle services such as spas, hair salons, social amenities, co-working spaces, and daycare. These luxury gyms are gaining larger footprints and emerging as a unique retail asset.

The results are in: attorneys are filing more employment law cases in court.  Indeed, year-end reporting from legal databases like LexMachina confirm that the pace of filing new employment discrimination cases reached its highest level in 2025, surpassing 20,000 new filings nationwide.  Though overtime and minimum wage lawsuits under the Fair Labor Standards Act (FLSA) have continued to decline since 2015, discrimination cases under laws like Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act are on the rise.