Retail & E-Commerce

  • 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.

  • 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.

  • 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.  

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

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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