Retail & E-Commerce

  • February 07, 2025

    Auctioneer Of 'Unknown' Van Gogh Wins $215 Bidder's Fight

    An auction service was within its rights to halt in-progress bidding for what one woman claims could be a "previously unknown" Vincent van Gogh painting because Connecticut law presumes auctions can be shut down before the hammer falls unless other terms are stated, a state court judge has ruled.

  • February 07, 2025

    Amazon To Pay $3.95M To End DC Tip Fraud Suit

    Amazon will pay $3.95 million to resolve a lawsuit the Washington, D.C., attorney general launched accusing the company of misleading consumers to believe that all of the tips they left went directly into drivers' pockets, a Friday news release said.

  • February 07, 2025

    Too Early To Challenge RI Pot License Plan, Judge Finds

    A Rhode Island federal judge has dismissed two suits challenging the state's social equity cannabis licensing program, saying the Rhode Island Cannabis Control Commission hasn't set its rules yet, so the issue isn't ripe for judicial review.

  • February 06, 2025

    Atlanta Can't Dodge Suit Over Foiled Starbucks Development

    The City of Atlanta can't dodge allegations from a property owner that it illegally condemned a disused fast food joint, and in doing so foiled his plans to redevelop the land into a Starbucks coffee shop, a Georgia federal judge said Thursday.

  • February 06, 2025

    Buyers Want Kratom Cos. Addiction Suit To Go On

    Two California kratom manufacturers shouldn't be allowed to escape a lawsuit claiming they failed to warn about the "highly addictive" nature of their products, a proposed class of consumers argued, pointing to a podcast where a company executive suggested their products were more potent than morphine.

  • February 06, 2025

    Illinois Judge Extends Hold On Swipe Fee Law To More Banks

    An Illinois federal judge on Thursday expanded a preliminary injunction against Illinois' controversial swipe fee law, adding out-of-state banks to the list of financial institutions shielded from having to comply with the law when it takes effect later this year, while declining to add federal credit unions to the list.

  • February 06, 2025

    Judge Questions Firm's Candor In Apple, Amazon Docs Row

    A Washington federal judge said on Thursday there was "troubling shifting" around Hagens Berman Sobol Shapiro LLP's explanation of texts and emails with a client who disappeared from a proposed class action targeting Amazon and Apple, while also saying it might not matter because the firm found substitute plaintiffs.

  • February 06, 2025

    EIP Grows US Team With 2 Pranger Law Attys

    Global intellectual property firm EIP said Wednesday it has hired two attorneys from Pranger Law PC, including the head of its patent prosecution team.

  • February 06, 2025

    Abbott Tells Judge To Keep Formula Cases In Federal Court

    Abbott Laboratories urged an Illinois federal judge on Thursday to keep six previously remanded lawsuits over allegedly harmful preterm baby formula in federal court after local hospitals' dismissal prompted their second removal, arguing the hospitals were only in the suits to avoid federal jurisdiction.

  • February 06, 2025

    Texas' Google Ad Tech Trial Delayed From March To August

    A Texas federal judge has pushed back the trial date for a group of Texas-led states' antitrust suit against Google over its digital advertising business, moving the scheduled start from March to August.

  • February 06, 2025

    Ex-Worker Hits Pot Giant Cresco With Wrongful Firing Suit

    A former kitchen agent for Cresco Labs LLC is suing the cannabis giant in Illinois federal court, alleging she was wrongly fired after a workplace injury and was not afforded time off as required under the Family and Medical Leave Act.

  • February 06, 2025

    Pot Co. Jushi Can't End Rival Shop's Antitrust Claims

    Cannabis distributor Jushi Holdings could plausibly be shown to have taken advantage of a Massachusetts town's retail marijuana permitting process and conspired with the sellers of a shop it purchased in 2021 to block a competitor from opening nearby, a Massachusetts federal judge ruled.

  • February 06, 2025

    Judge Tosses Heat-Wicking Patent Suit Against Columbia

    A Colorado federal judge has issued a final judgment siding with Columbia Sportswear Co. in textile manufacturer Cocona Inc.'s case accusing Columbia of infringing a patent for heat-wicking technology.

  • February 06, 2025

    2nd Circ. Clears Up 'Blurry' Trade Dress Standard

    The Second Circuit on Thursday revived a dispute between motorcycle helmet designers as it clarified a key legal standard in trade dress infringement cases.

  • February 06, 2025

    Meta Eyes Texas Skies, Another Crypto IPO, And More Rumors

    Facebook owner Meta Platforms Inc. is considering relocating its legal residence to Texas, while cryptocurrency exchange Bullish is moving forward on an initial public offering, and Unilever PLC is eyeing New York as a listing destination for its ice cream business.

  • February 06, 2025

    Mobility Scooter Co. Gets Nod For $2.1M Deal In ESOP Fight

    A Pennsylvania federal judge gave initial approval to a $2.1 million deal Thursday that would resolve a class action claiming a mobility scooter company invested funds from its employee stock ownership plan into dismally performing Treasury bills and cash equivalents.

  • February 06, 2025

    Mich. Man's Challenge To LA Pot Social Equity Program Axed

    A California federal judge has dismissed with prejudice a Michigan man's suit challenging Los Angeles' social-equity cannabis-licensing scheme, finding he can't claim the program is unconstitutional because the dormant commerce clause does not apply to the federally illegal interstate cannabis market.

  • February 05, 2025

    Tillis Takes Over Senate IP Subcommittee Again

    Sen. Thom Tillis, R-N.C., will again lead the U.S. Senate subcommittee overseeing intellectual property, while Sen. Adam Schiff of California will be debuting as the subcommittee's top Democrat.

  • February 05, 2025

    House Republicans Target CFPB's Small-Biz Rule For Repeal

    House Republicans at a Wednesday hearing sought to build momentum for reversing the Consumer Financial Protection Bureau's small-business loan data rule, casting it as harmful to smaller banks while Democrats argued the real danger is the Trump administration itself.

  • February 05, 2025

    Justices Asked If Fact Dispute Bars Patent Eligibility Rulings

    The Federal Circuit has made a habit of taking fact disputes into its own hands in patent cases instead of leaving those questions to a jury, and a company that recently lost its patent suit against Amazon is hoping the U.S. Supreme Court will take up its case.

  • February 05, 2025

    Party City Reaches Interim Deal On Unpaid Rent

    Party City received court approval Wednesday to continue using cash collateral as the bankrupt retailer continues to liquidate its assets, after agreeing to a deal with its unsecured creditors committee and several landlords who had objected to the request.

  • February 05, 2025

    US Trustee Objects To Releases In True Value Ch. 11 Plan

    The U.S. Trustee's Office Tuesday asked a Delaware bankruptcy judge to reject the opt-out third-party releases in True Value Co.'s proposed Chapter 11 plan.

  • February 05, 2025

    Chicago's Climate Suit Belongs In Federal Court, Judge Hears

    The city of Chicago should not be allowed to take environmental deception claims against the nation's largest oil producers back to state court because the city's suit targets conduct performed largely for the federal government, a judge heard during a Wednesday hearing.

  • February 05, 2025

    Fake Biggie Photo, Merch At Center Of New Ill. Suit

    The estate of the Notorious B.I.G. hit Target, Home Depot, Nordstrom and others with a lawsuit Tuesday in Illinois federal court, claiming they infringed the late rapper's trademarks by selling art bearing his image and likeness, including canvas prints of an iconic portrait captured three days before his 1997 murder.

  • February 05, 2025

    Nixon Peabody Taps Ex-Faegre Drinker Environmental Atty

    Nixon Peabody LLP hired a former Faegre Drinker Biddle & Reath LLP environmental attorney for the firm's New York City office.

Expert Analysis

  • Comparing 5 Administrators' Mass Arbitration Procedures

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    Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Remedy May Be Google's Biggest Hurdle Yet In Antitrust Case

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    There are difficulties ahead in the remedies phase of the antitrust case against Google in District of Columbia federal court, including the search engine giant's scale advantage and the fast-moving nature of the tech industry, setting the stage for the most challenging of the proceedings so far, says Jonathan Rubin at MoginRubin.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Vendor Rights Lessons From 2 Chapter 11 Cases

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    A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.

  • Lessons From Rising Fake Discount Consumer Class Actions

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    Ellen Robbins and Scott Allbright at Akerman discuss the rise of false reference price consumer class actions and outline key strategies to minimize legal risk and protect businesses.

  • Classwide Calculations May Get Price Premium Damages Wrong

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    In many consumer class actions, plaintiffs assert that they overpaid for a product because of a misrepresented or defective product feature, and that a single price premium estimate can be applied classwide — but failure to account for differences in price premiums across a putative class may lead to improper damage awards, say economists at Ankura Consulting.

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