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Retail & E-Commerce
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March 06, 2025
Penn State Fights Bid To Duck Infringement Case Costs
An online retailer's bid to avoid paying court costs for the Pennsylvania State University's trademark-infringement case was "unreasonable litigation conduct" and should be denied because Penn State was undoubtedly the prevailing party in the case, the university has told a federal court.
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March 06, 2025
Pot Co. Sues Mich. City Over 'Unlawful' Licensing Decision
A would-be dispensary sued the city of Auburn Hills, Michigan, in federal court on Thursday, alleging that the city disregarded its own voter-approved adult-use licensing ordinance when it approved four licenses last year.
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March 06, 2025
Attys Seek $30M Fees In Walgreens Rx Overcharge Deal
Attorneys for unions and consumers who struck a $100 million settlement of Walgreens prescription overcharge fee claims asked an Illinois federal judge for a $30 million cut of that pot, arguing the amount would pay for seven years of meaningful work they put into the case.
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March 06, 2025
7-Eleven Eyes US IPO Next Year After Failed Takeover Deal
Japan's Seven & i Holdings Co. on Thursday unveiled plans to pursue a U.S. initial public offering of its North American 7-Eleven convenience stores by the second half of next year, among other business changes, a move that comes after the company reported that a $58 billion takeover offer fell through due to a financing snafu.
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March 05, 2025
SpaceX Fails To Get 5th Circ. To Block NLRB Case
The Fifth Circuit on Wednesday dismissed SpaceX's appellate court bid to stop a National Labor Relations Board administrative proceeding alleging it unlawfully fired employees who criticized company CEO Elon Musk, saying the circuit court lacked jurisdiction since a lower court didn't first deny SpaceX's injunctive relief request.
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March 05, 2025
Indirect Chicken Buyers' $41.3M Price-Fixing Deal Gets Initial OK
An Illinois federal judge gave his initial signoff Wednesday to more than $41 million in settlements between major chicken producers and indirect chicken buyers who accused them of illegally conspiring to fix prices, calling the proposal a substantial recovery to otherwise risky litigation.
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March 05, 2025
Starbucks Let Hot Drink Spill On Driver, Jury Hears
Starbucks went to trial Wednesday over a delivery window drink pickup gone wrong, as lawyers for a driver who had scalding water spill in his lap told a Los Angeles jury the coffee giant's employee left one of three cups "not safely secured" in a cardboard drink holder.
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March 05, 2025
Agri Stats Wants Another Shot At DOJ Specifics
Agri Stats is continuing to ask a Minnesota federal court to force the U.S. Department of Justice to identify specific data fields in the company's industry reports that allegedly allow chicken, pork and turkey producers to exchange competitively sensitive information.
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March 05, 2025
9th Circ. Upholds Arizona's Wine Retailer Law Challenge
Arizona isn't being discriminatory by requiring companies that want to ship alcohol to people's homes to have a business location in the state, the Ninth Circuit has declared in a split ruling that upheld the state's win against a challenge to the law laying down that mandate.
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March 05, 2025
Bezos' Satellite Co. Drops Docs Fight With His Newspaper
Jeff Bezos' satellite company has ended a public records fight with the Bezos-owned Washington Post over Washington state labor department workplace investigation records, after both sides agreed on blacking out some details to shield trade secrets.
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March 05, 2025
Fed. Circ. Says Marketing Costs Can Permit ITC Patent Suits
The Federal Circuit ruled Wednesday that the U.S. International Trade Commission has wrongly prohibited domestic expenses related to sales, marketing and other activities from allowing companies to pursue ITC patent cases, and revived a suit brought by eyelash extension company Lashify.
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March 05, 2025
Steven Madden Resolves Libel Dispute Over IP Allegations
Parties in Steven Madden Ltd.'s lawsuit accusing Danish "affordable luxury" brand Ganni A/S of falsely claiming that two of its shoe designs infringed Ganni's intellectual property have reached an agreement to resolve the dispute, according to a filing Tuesday in New York federal court.
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March 05, 2025
Another Illinois Cannabis Biz Targeted In Potency Class Action
A plaintiffs firm that has represented consumers in multiple proposed class actions against Illinois cannabis companies, alleging unlawfully high THC levels in their wares, has launched a new suit, while a pending state court action against pot giant Ascend Wellness was moved to federal court.
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March 05, 2025
Insurer Wants Out Of Covering Ill. Pot Potency Suit
Admiral Insurance Co. is asking an Illinois federal court to clear it of any duty to cover a Shelbyville dispensary in a suit alleging that it mislabeled its products to get around the state's limits on THC.
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March 05, 2025
Paul Newman's Daughters End IP Suit Against Newman's Own
Late actor Paul Newman's daughters withdrew their lawsuit from Connecticut state court accusing the Newman's Own Foundation of trading off their father's name for non-food-related purposes and breaching its duty to fund their own foundations despite the deceased film star's intent.
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March 05, 2025
SuperValu Wins FCA Case That Went To High Court
An Illinois federal jury cleared SuperValu of liability Tuesday on whistleblower claims that it billed the government higher-than-customary prices for millions of prescriptions, marking the end to an important test of a 2023 U.S. Supreme Court ruling reviving the case.
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March 05, 2025
Court Finds StockX Liable In Counterfeit Nike Sneaker Suit
Following oral arguments in New York federal court on Tuesday, a judge found sneaker reseller StockX LLC liable for selling counterfeit Nike shoes, ordering the companies to find available trial dates this year for the remaining allegations.
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March 05, 2025
Pot Co. Hit With Class Action Over Unwanted Mass Texts
A California man is suing a dispensary and cannabis delivery service in federal court, alleging that it has violated the Telephone Consumer Protection Act by repeatedly sending unsolicited marketing text messages.
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March 05, 2025
KKR, Walmart Selling Japanese Supermarket Chain For $2.5B
KKR and Walmart have agreed to sell their 85% and 15% respective stakes in Tokyo-based supermarket chain Seiyu to Japan's Trial Holdings Inc. for a total of 380 billion yen ($2.55 billion), the companies said Wednesday.
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March 04, 2025
Musk Fails To Block OpenAI From Turning Into For-Profit Entity
A California federal judge on Tuesday denied Elon Musk's bid to preliminarily bar OpenAI Inc. from converting into a for-profit entity, saying that a threshold question of whether Musk's over $44 million in donations created a charitable trust was a "toss-up."
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March 04, 2025
Chinese Theme Park Co. Can't Nix Investors' 'Hellscapes' Suit
A California federal judge will allow investors' securities fraud claims against a Chinese amusement park operator to proceed, finding they plausibly claimed that the company inflated visitor numbers and financials for its park, causing an 89% stock price decline when the truth was eventually revealed.
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March 04, 2025
Rite Aid Agrees To Pay $6.8M In Deal Over 2024 Data Breach
Rite Aid has agreed to a $6.8 million settlement to resolve proposed class action claims it failed to prevent a cyberattack that compromised over 2 million customers' highly sensitive information, offering up to $10,000 per claimant for documented losses, a preliminary approval order filed Tuesday in Pennsylvania federal court states.
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March 04, 2025
Mariano's Managers Fight Bid To Decertify Class In OT Row
Current and former supermarket meat, bakery and deli managers who say Kroger subsidiary Mariano's falsely claimed they were exempt from overtime pay hit back on Monday over a bid to decertify their conditional collective of workers, saying the grocery chain repeatedly misrepresents an "extensive and unambiguous record" showing all managers are similarly situated.
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March 04, 2025
Pool-Maker Hit With $25M Defect Verdict In Child's Drowning
A St. Louis federal jury has hit inflatables company Bestway USA Inc. with a $25 million verdict after finding its defectively designed above-ground pool was largely responsible for the drowning of a 2-year-old girl.
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March 04, 2025
Ruger Must Face Colorado Shooting Suits In Connecticut
Connecticut-based gunmaker Sturm Ruger & Co. Inc. must face two lawsuits in its home state over a 2021 mass shooting in a Boulder, Colorado, supermarket, a Connecticut judge has ruled, citing the state's interest in policing harms its businesses may cause in other jurisdictions.
Expert Analysis
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Searching For Insight On Requested Google Chrome Remedy
The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Fed. Circ. In December: A Patent Prosecution History Lesson
Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
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Del. Dispatch: The 2024 Corporate Cases You Need To Know
The Delaware Court of Chancery in 2024 issued several decisions that some viewed as upending long-standing corporate practices, leading to the amendment of the Delaware General Corporation Law and debates at some Delaware corporations about potentially reincorporating to another state, say attorneys at Fried Frank.
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Unwrapping Retailer AI Risks Amid Holiday Shopping Season
While generative artificial intelligence tools can catalyze game-changing results for retailers looking to stay ahead of the competition during the holiday season, and year-round, it can also bring certain legal risks, including product liability concerns, say attorneys at King & Spalding.