The Defense Division provides litigation defense resources and collaboration for retail corporate counsel, helping retailers identify and respond to emerging mass-action litigation risks. The Division focuses on early awareness, peer learning, and practical defense strategies supported by experienced outside counsel.
The scale and reach of the retail industry—serving hundreds of millions of consumers and employing millions of workers—make retailers frequent targets of coordinated mass-action litigation. Retail corporate counsel routinely expend significant time and resources responding to demand letters, complaints, and litigation campaigns that often lack merit but carry substantial defense costs.
Established in 2019, the Defense Division helps retail corporate counsel address these challenges at the front end, before litigation escalates into costly, disruptive waves. Rather than focusing on policy reform, the Defense Division is dedicated to practical defense readiness, enabling members to learn from one another and from experienced outside counsel who regularly defend retailers against emerging claims.
The Defense Division is open to all members of a retailer’s legal team and provides access to educational resources, timely alerts, and structured opportunities for collaboration within the retail legal community.
Defense Division Resources
In partnership with Skadden and McGuireWoods, the Defense Division is developing specialized tools to help retailers anticipate where coordinated litigation may arise. These tools support early identification of potential risks and provide practical guidance to help retail legal teams prepare before litigation efforts gain momentum.
Biannual In-Person and Virtual Meetings
The Retail Litigation Center hosts Defense Division meetings twice each year, bringing together retail corporate counsel and law firm members to share insights, analyze emerging litigation risks, and prepare for common defense challenges. Meetings frequently include CLE-eligible sessions led by experienced attorneys and subject-matter experts.
Collaboration on Emerging Litigation Issues
The Defense Division works closely with the Advocacy Division to address litigation waves affecting the retail industry. This coordination supports both strategic amicus advocacy and practical collaboration among retailers facing similar claims.
Areas of focus have included litigation related to Braille gift cards, session replay technology, CIPA wiretapping allegations, VPPA claims, and other emerging mass-action trends. The goal of the Defense Division is to help retail legal teams identify these issues early and respond effectively and efficiently.
Courtside: Weekly Litigation Insights
Courtside with the Retail Litigation Center is a weekly publication tailored for retail corporate counsel and their outside advisors. Courtside delivers concise updates on retail-relevant court decisions, new litigation filings, regulatory and enforcement activity, and practical defense considerations.
Courtside also provides updates on Defense Division and broader Retail Litigation Center activities, ensuring members remain informed and able to fully engage with available resources and collaboration opportunities.
