Retail & E-Commerce

Benesch is one of the only U.S. firms with a comprehensive, full-service practice serving the full spectrum of the retail and e-commerce industry’s needs. We represent retail and e-commerce companies of all sizes—Fortune 500 brands, national chains, manufacturers, startups and local retailers.

Overview

Our team includes attorneys focusing on litigation, transportation and logistics, labor and employment, real estate and brand protection, who work side-by-side on the issues that define this industry. We have a strong track record in consumer-facing class actions and commercial disputes, and we bring that same depth to every part of our clients’ businesses.

Offering Unrivaled Excellence

Our Retail & E-Commerce attorneys have decades of experience:

  • defending retailers in high-stakes litigation
  • advising on new regulations
  • identifying opportunities
  • positioning our clients to compete successfully in the global, digital-first marketplace

In litigation, we know that each case presents its own distinct challenges, so we proactively assess the risks based on each client’s specific circumstances and goals. Then, we strategize to determine the best course of action, whether that’s a motion to dismiss, aggressive litigation or an innovative “out-of-the-box” solution.

Our clients include leading brands, luxury retailers, emerging internet sellers, iconic brick-and-mortar stores, hospitality venues and manufacturers. They all rely on our integrated team to help them build and protect their brands. Deeply immersed in the world of retail law, we counsel clients on risk-avoidance strategies so they can navigate the dynamic retail landscape and excel, as the industry continues to transform rapidly.

Whether aggressively litigating a case or providing savvy counsel, we provide clients with bespoke solutions and “best-in-class” representation. From bet-the-company commercial litigation to structuring joint ventures, counseling start-ups or managing a corporate restructuring, our Retail & E-Commerce Group delivers a comprehensive suite of legal and business services so our clients can focus on what matters: running their businesses.

Unparalleled Retail Class Action and Commercial Litigation Defense

When the break-glass moment arrives, our team comes to the rescue. We have defended hundreds of consumer class actions. Some allege consumer fraud. Others allege deceptive pricing or false advertising. Others yet allege federal and state privacy law and automatic renewal law violations. Our team also litigates cases involving the ADA, “Made in the USA” claims, return policies, gift card laws, call recording laws and alleged violations of California’s Proposition 65. Well-versed in California law and its various regulations, we are often retained as California defense counsel.

We are formidable courtroom opponents. Because we focus on this industry, we know how retail disputes develop—and how to position our clients from the start. That means practical advice, efficient case management, and a clear-eyed view of when to push for early resolution and when to take a case to trial. We leverage our experience to find the shortest path to achieving our clients’ business goals.

Staying Ahead of the Curve

Retail litigation today often turns on technology—data cooperatives, session replay, chatbots, tracking pixels. We handle these cases regularly and understand both how the technology works and how courts and regulators are responding to it.

Our volume of retail work also gives us an early look at emerging risks. When a new wave of litigation hits, we’re often already in the middle of it—which means we can alert clients and help them get ahead of problems before they land on their doorstep.

Our work in action

Representative Examples

Achieved precedent-setting victories in the NJ and WA Supreme Courts

in class actions challenging reference prices in product markdowns. The team convinced both courts that alleging a false reference price does not satisfy the injury element of the state consumer-protection statutes, requiring that the cases be dismissed on the pleadings. These precedents significantly limited the retail industry’s exposure in two plaintiff-friendly states.

Secured dismissal of a consumer class action

after using metadata on the as-filed complaint to prove that the complaint was finalized within days of the purchase at issue, and weeks before the date that the other side told the court it was prepared.

Defended dozens of retailers

against claims brought under the federal Wiretap Act and California’s Invasion of Privacy Act (CIPA) concerning the alleged recording of chat conversations, use of session replay technology, and use of the Facebook Pixel.

Act as outside counsel for several prominent brand names,

routinely reviewing and revising pricing and warranty policies; advising on online and in-store marketing campaigns; and advising on changes to return policies.

Defended dozens of consumer class actions

alleging false advertising, including greenwashing claims, in addition to claims brought by California’s Greenwashing Task Force.

Representing multiple retailers and e-commerce companies

in filed or threatened lawsuits alleging violations of the Washington Commercial Electronic Mail Act (CEMA) and other state consumer protection laws, including the defense of mass arbitration claims.

Defended 200+ cases

alleging that websites were not accessible to site-disabled customers.

Defending a national home improvement company

against investigations by state attorneys general and district attorneys concerning print, TV and online advertising claims, as well as customer complaints related to sales practices and financing issues.

Represented a national online resale company

in a qui tam False Claims Act matter alleging postage fraud, successfully persuading the government not to intervene and securing dismissal at the pleading stage.

Convinced a court to dismiss a VPPA class action

on the basis that the retailer’s use of the Meta Pixel on its website did not convey personally identifiable information regarding website visitors.

High performance in practice

Recognized by Chambers®

Highly Recommended Firm

by Benchmark Litigation

Top U.S. Law Firm for Retail Companies

by The Fashion Law 2025

By the numbers

15+

Dedicated attorneys

100s

of successful engagements

with retailers, e-commerce companies and manufacturers

100s

of high-stakes class action suits

defended over the past decade

200+

Retail industry clients

who entrust their legal matters to Benesch

Focus Areas