Retail & E-Commerce

  • January 22, 2025

    J&J Seeks To Defeat $30M Punitive Bid After Conn. Talc Trial

    Johnson & Johnson has blasted a bid requesting that it pay $30 million in punitive damages on top of a $15 million jury award to a real estate developer who allegedly contracted mesothelioma from the company's talc, telling a Connecticut state court that, "at most," it should pay $5 million.

  • January 22, 2025

    Kroger Faces EEOC Suit Over Cancer Disability Bias Claims

    The U.S. Equal Employment Opportunity Commission on Wednesday announced that it filed suit against The Kroger Co. in Georgia federal court for firing an employee who complained about alleged workplace discrimination stemming from a disability caused by breast cancer treatments.

  • January 22, 2025

    No New Trial For Tevra's Flea, Tick Meds Suit Against Bayer

    A California federal judge refused to give Tevra Brands LLC a do-over on allegations that Bayer used exclusive contracts to anticompetitively lock up the market for flea and tick treatments for dogs, finding the veterinary drugmaker was just rehashing previously rejected arguments attacking a key expert witness.

  • January 22, 2025

    Maryland Gov. Taps NY Official As New Cannabis Head

    Maryland Gov. Wes Moore on Wednesday announced the appointment of a New York cannabis official to run the state's marijuana regulatory agency.

  • January 22, 2025

    Toy Co. Not Covered In Unpaid Judgment Suit, Judge Says

    A Berkshire Hathaway insurer has no duty to defend a toy company accused of using legal proceedings to evade payment of an $8.5 million default judgment for false advertising, a Minnesota federal court ruled, finding that abuse of process claims are not covered under the policy.

  • January 22, 2025

    Campbell's Soup Store Racks Infringe Patents, Judge Says

    An Illinois federal judge found Wednesday that Campbell and grocery chains Kroger and Meijer directly infringed patents covering gravity-operated racks found in grocery aisles, but shot down the patent owner's bid for a win on the soup company's argument that the patents are invalid.

  • January 22, 2025

    Amazon Drivers Want Class Cert. In Suit Alleging Unpaid Tips

    Amazon Flex delivery drivers urged a Washington federal court to certify a 150,000-member class in their lawsuit accusing the company of violating Evergreen State laws by withholding portions of drivers' tips, saying they were all impacted by the same unlawful practice.

  • January 21, 2025

    Trump Pardons Silk Road's 'Dread Pirate' Ross Ulbricht

    President Donald Trump announced Tuesday that he granted an unconditional pardon to Ross Ulbricht, the mastermind behind the cryptocurrency-fueled online drug bazaar Silk Road, in return for the political support he received from the crypto and libertarian realms.

  • January 21, 2025

    Walmart Settles IP Suits Over Ugg, Hoka, Teva Footwear

    Walmart Inc. is settling a couple of trade dress and patent infringement lawsuits Deckers Outdoor Corp. lodged that accused the retail giant of ripping off several UGG, Hoka and Teva boot and slipper designs, according to notices the companies filed Friday in California federal court.

  • January 21, 2025

    Stanley Tumbler Lead Contamination Suit Gets Shelved

    A Washington federal judge has tossed a proposed class action against the maker of the popular "Stanley" tumbler for selling it without disclosing that it contained lead, saying the claims failed due to overly vague allegations of harm, but allowed the consumers to revise their lawsuit.

  • January 21, 2025

    Amazon Settles Consumer Suit Over Exploding Batteries

    Amazon.com Inc. has entered into a settlement resolving a proposed class action accusing the company of selling thousands of faulty lithium-ion batteries that were prone to explosions, according to a stipulation and order filed in Washington federal court Friday.

  • January 21, 2025

    La. Judge Lifts Arbitration Order In $7M Ida Damage Case

    A Louisiana federal judge lifted a stay and vacated an order to arbitrate a $7 million Hurricane Ida damage claim against domestic surplus insurers, ruling that a recent decision from Louisiana's top court represents an "'intervening change in the controlling law.'"

  • January 21, 2025

    Too Early For Liability In Pollution Suit, Sherwin-Williams Says

    Sherwin-Williams has urged a New Jersey court to reject the Garden State's bid to find it liable for natural resource damages at the site of one of its former paint manufacturing plants, arguing the state's motion is premature.

  • January 21, 2025

    Judge OKs Deal To Keep Some American Freight Stores Open

    A Delaware bankruptcy judge on Tuesday approved a sale in Chapter 11 that will keep the lights on in more than two dozen American Freight home furnishing stores by transferring their leases from the bankrupt Franchise Group.

  • January 21, 2025

    Mondelez Fights Candy-Flavored Energy Drink Label Claims

    Snack giant Mondelez and the company behind Ghost energy drinks argued Tuesday that they should not have to face a proposed class action claiming they illegally market candy-flavored Ghost drinks toward kids because the label wouldn't dupe reasonable consumers.

  • January 21, 2025

    Stoel Rives Adds Tech, IP Partner From Stubbs Alderton

    Stoel Rives LLP has brought on the former chair of Stubbs Alderton & Markiles LLP's trademark and brand protection practice and its privacy and data security practice as a partner in Sacramento, California.

  • January 21, 2025

    Amazon Says New Ruling Can't Save Price-Gouging Suit

    Amazon is looking to end an updated proposed class action alleging price-gouging during the COVID-19 pandemic, arguing the Washington Supreme Court's recent interpretation of a consumer protection law is not a green light for every plaintiff who bought any product on the platform in 2020, including non-essential goods.

  • January 21, 2025

    Justices Doubt Retailers Are 'Bystanders' In FDA Challenge

    Several U.S. Supreme Court justices appeared to agree Tuesday that Texas and Mississippi retailers could join a North Carolina e-cigarette manufacturer in challenging the U.S. Food and Drug Administration's denial of its marketing application, and Justice Clarence Thomas questioned the agency's motivation to argue otherwise.

  • January 21, 2025

    Pactiv Evergreen's $6.7B Sale To Novolex Goes Unchallenged

    Food merchandising product maker Pactiv Evergreen on Tuesday revealed that the waiting period for its $6.7 billion merger with packaging products manufacturer Novolex has expired, clearing the path for the deal to close.

  • January 21, 2025

    Split 9th Circ. Backs Enhanced NLRB Remedy Against Macy's

    A divided Ninth Circuit panel on Tuesday enforced a National Labor Relations Board order making Macy's pay heightened remedies to workers it refused to rehire after their 2020 strike ended, opening a split with the Third Circuit.

  • January 21, 2025

    Justices Nix E-Commerce Co.'s 'Minimum Contacts' Suit

    The U.S. Supreme Court declined on Tuesday to review a petition asking it to resolve whether an e-commerce seller's "virtual presence" in a state is enough to satisfy a jurisdictional test requiring "minimum contacts" with that state.

  • January 17, 2025

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 20, 2025

    Trump, Musk Sued By Nonprofits Over DOGE Transparency

    Public Citizen and other nonprofits hit the Trump administration with multiple lawsuits seeking to shut down the new Department of Government Efficiency in D.C. federal court Monday, alleging the Elon Musk-led advisory committee targeting government waste lacks requisite transparency guardrails to prevent DOGE from solely advancing private interests.

  • January 17, 2025

    Red States Challenge DOE Rule On Gas Heater Efficiency

    Several red states and industry groups are challenging the Biden administration in its waning days over a final rule the U.S. Department of Energy has issued on making certain natural gas water heaters more energy efficient, asking the Eleventh Circuit to toss the rule in a petition for review filed Friday.

  • January 17, 2025

    Walgreens Knowingly Filled Invalid Prescriptions, Feds Say

    The U.S. Department of Justice has accused Walgreens of knowingly filling millions of prescriptions for opioids and other controlled substances that did not have a legitimate medical purpose or were not valid, intervening in cases brought by four whistleblowers in Illinois federal court.

Expert Analysis

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating FEMA Grant Program For Slope Fixes After Storms

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    In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • What To Make Of Dueling Corporate Transparency Act Rulings

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    Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Deadline Extension Highlights PFAS Reporting Complexities

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    The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.

  • 2nd Circ. American Girl Ruling Alters Test Purchase Norms

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    The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Cos. Face Increasing Risk From Environmental Citizen Suits

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    Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • 2nd Circ. Provides NY Pathway For Fighting Foreign Infringers

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    A recent decision from the U.S. Court of Appeals for the Second Circuit provides a road map for expeditiously obtaining personal jurisdiction in New York against foreign trademark infringers based on a single purchase of counterfeit goods, meaning the Second Circuit could now be the preferred venue for combating foreign infringement, says Jeffrey Ratinoff at Spencer Fane.

  • Challenge To Ill. Card Fee Law Explores Compliance Hurdles

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    A recent federal lawsuit challenging an Illinois law that will soon forbid electronic payment networks from charging fees for processing the tax and tip portions of card transactions, fleshes out the glaring compliance challenges and exposure risks financial institutions must be ready to face next summer, says Martin Kiernan at Amundsen Davis.

  • Recent Securities Cases Highlight Risks In AI Disclosures

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    Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.

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