Retail & E-Commerce

  • March 07, 2025

    Delivery Drivers Get Trimmed OT Suit Cleared For Trial

    A New Jersey federal judge refused Friday to allow a delivery provider to escape a class action accusing it of failing to pay delivery drivers overtime wages, but determined no reasonable jury could find that a discount retailer partner was the workers' employer.

  • March 07, 2025

    Sephora Must Face Retaliation Claims Over Hiring Practices

    Sephora can't escape a Latina former store manager's claims that she was fired for refusing to prioritize white job applicants, with a Georgia federal judge ruling Friday it would be premature to trim her lawsuit ahead of discovery.

  • March 07, 2025

    Tupperware Can Seek Votes For Post-Sale Liquidation Plan

    The estate of food storage company Tupperware Brands can solicit votes on its Chapter 11 liquidation plan, even as its creditors accused the debtor's latest plan of deviating from a prior agreement.

  • March 07, 2025

    Bed Bath & Beyond Investors Can't Move Judge On Class Cert.

    Bed Bath & Beyond shares did not trade on an efficient market during the class period, a Washington, D.C., federal judge confirmed again, refusing to reconsider his class certification denial in a suit from the now-bankrupt retailer's investors who alleged they were misled by company executives and a billionaire investor.

  • March 07, 2025

    Fed. Circ. Says Judge Misconstrued Term In Tactical Vest Row

    A Federal Circuit ruling on Friday reversed a finding from a Florida federal judge on constructing the phrase ​​"pull cord," reviving a fight over a patented system for making tactical vests easier to take off.

  • March 07, 2025

    LG Resolves Screen Display Patent Suit

    Bishop Display Tech LLC and LG Electronics have resolved a dispute over allegations that LG and its subsidiaries infringed several patents for liquid crystal screen displays, according to a filing in Texas federal court on Thursday.

  • March 07, 2025

    Budtenders Say Curaleaf's Tips Policy Violates Federal Law

    A proposed class of budtenders for Curaleaf Inc.'s Maryland dispensaries are suing the company, saying it violates the Fair Labor Standards Act with its policy of paying out tips to managers.

  • March 07, 2025

    Taxation With Representation: Kirkland, Wachtell, Skadden

    In this week's Taxation With Representation, Walgreens Boots Alliance goes private via a deal with Sycamore Partners, Honeywell buys Sundyne from Warburg Pincus, and Jazz Pharmaceuticals acquires Chimerix.

  • March 07, 2025

    Amazon Driver Can't Get Mass. Court's Ear In Wage Suit

    A Washington federal judge refused to grant an Amazon delivery driver's request to allow Massachusetts' top court to weigh in on his case, saying the worker's plea came only after the court nixed his bid for class certification and thus arrived too late.

  • March 06, 2025

    AppLovin Hit With Suit Over 'Forced Shadow Downloads'

    Technology company AppLovin faces a proposed investor class action alleging it invoked "cutting-edge AI technologies" in touting growth that allegedly resulted from manipulative practices triggering forced shadow downloads of its apps.

  • March 06, 2025

    State AGs Want Fees In Kroger Wash., Ore. Merger Cases

    A total of 10 attorneys general kicked off two separate bids Wednesday for attorney fees in the state and federal court cases in Washington and Oregon that blocked Kroger's $24.6 billion bid to buy Albertsons, arguing in the federal lawsuit that their substantial participation alongside the Federal Trade Commission means they "substantially prevailed."

  • March 06, 2025

    9th Circ. Shreds 'Muddled' Argument In Amazon Antitrust Case

    A panel of the Ninth Circuit on Thursday picked apart arguments from consumers in their lawsuit alleging Amazon violated antitrust law through the e-commerce giant's fulfillment services, with the judges saying an amended complaint was "extraordinarily light on any actual evidence" and the arguments appeared "muddled."

  • March 06, 2025

    Kroger Can't Escape Baby Food Metal Claims

    An Ohio federal judge on Wednesday allowed consumers' claims to go forward in a proposed class action against Kroger and other grocery stores alleging that their Simple Truth baby teething wafers contain unsafe levels of toxic metals, saying the allegations didn't amount to a "shotgun pleading."

  • March 06, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Believe it or not, there's still important litigation happening that doesn't involve President Donald Trump, and the proof exists in this month's circuit court calendars. During the remaining weeks of March, arguments will explore numerous high-profile topics, including a law firm's severe punishment for alleged misconduct in 9/11 litigation and a judicial rebuke of Trader Joe's for "an attempt to weaponize the legal system."

  • March 06, 2025

    CFPB Pulls Plug On Acima Suit In Latest Enforcement Retreat

    The Consumer Financial Protection Bureau's purge of its enforcement docket continued Thursday as the agency dropped a predatory lending lawsuit against Acima, a fintech lease-to-own company and affiliate of Rent-A-Center.

  • March 06, 2025

    Atlanta Bread Supplier Wants Data Breach Suit Tossed

    An Atlanta-based company that produces and distributes custom breads to national food chains and food service companies moved Wednesday to dismiss a class action lawsuit brought against it for a 2024 data breach that allegedly exposed the personal information of more than 10,000 people.

  • March 06, 2025

    Dems Tell DOJ Musk May Be Strong-Arming X Advertisers

    Democratic lawmakers led by Sens. Elizabeth Warren, D-Mass., and Cory Booker, D-N.J., have warned the U.S. Department of Justice and the Federal Trade Commission that billionaire Elon Musk might be using his position in the Trump administration to bully companies that advertise on his social media platform, X.

  • March 06, 2025

    Fintech Startup Klarna Ready For $1B IPO, Plus More Rumors

    Fintech startup Klarna is readying a $1 billion initial public offering, Apollo Global Management is keen to lead a $35 billion funding package to help Meta build new data centers, and Italian fashion house Prada is near to closing a $1.6 billion deal to acquire luxury clothier Versace from Capri Holdings Ltd.

  • March 06, 2025

    Music Streaming Lyrics Co. Hits Rival With $1B Antitrust Suit

    LyricFind Inc. slapped Musixmatch SpA with a $1 billion antitrust lawsuit in California federal court, calling the rival a monopolist in the market for providing lyrics to digital services companies like Spotify and saying Musixmatch inked a deal with Warner Chappell Music Inc. that essentially pushes LyricFind and others out of the market.

  • March 06, 2025

    Colorado Judge Tosses AG's Kroger Merger Claim

    A Colorado state judge in Denver has dismissed the state's challenge to the previously proposed merger between Kroger and Albertsons, saying it became moot when the companies dropped their proposed merger following injunctions in Oregon and Washington federal courts.

  • March 06, 2025

    E.L.F. Beauty Hit With Investor Suit After Muddy Waters Report

    Cosmetics giant e.l.f. Beauty's shareholders filed a proposed class action in California federal court on Thursday, accusing the company of overstating its revenue while hiding growing inventory issues due to inadequate sales — troubles that investment research firm Muddy Waters revealed in a November report that caused share prices to plunge.

  • March 06, 2025

    Reddy Ice Must Cover Walmart's Slip-And-Fall Settlement​​​​​​​

    Bagged ice seller Reddy Ice Corp. must indemnify Walmart Inc. for the retailer's settlement of a woman's slip-and-fall lawsuit, an Arkansas federal court ruled Thursday, noting it is "undisputed" that the woman fell because of water originating from a faulty freezer display owned by Reddy Ice.

  • March 06, 2025

    Walgreens Boots Inks $24B Go-Private Deal With Sycamore

    Walgreens Boots Alliance said Thursday it has agreed to be purchased by private equity firm Sycamore Partners in a transaction with a total value of up to $23.7 billion, as the storied retailer looks to reverse years of financial declines by going private. 

  • March 06, 2025

    Apple Tells DC Circ. Google Search Fixes Change Incentives

    Apple has told the D.C. Circuit that it did not know the U.S. Department of Justice would go as far as it did with its proposed fixes in the Google search antitrust case, and it moved to intervene as soon as it became clear the two companies have opposing interests under the government's proposal.

  • 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.

Expert Analysis

  • Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits

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    The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.

  • Why Trump's FTC May Not U-Turn On Robinson-Patman

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    The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger

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    The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • More Environmental Claims, More Greenwashing Challenges

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    As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.

  • Overseas Investment Rule Calls For Compliance Caution

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    Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.

  • Calif. Cannabis Decision Deepens Commerce Clause Divide

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    In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

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