Retail & E-Commerce

  • February 04, 2025

    Apple Asks DC Circ. To Pause Google Search Case For Appeal

    Apple has asked the D.C. Circuit to pause the remedies phase of the landmark monopolization case targeting Google's search dominance, arguing it needs to intervene to protect its contracts with Google that are worth billions of dollars each year.

  • February 04, 2025

    MGA Must Pay $71M For Copying OMG Girlz Dolls, Judge Rules

    A California federal judge has affirmed a $71.4 million verdict against MGA Entertainment after jurors last year found a line of dolls from the toymaker infringed the trade dress and publicity rights of the OMG Girlz pop group owned by hip-hop moguls Clifford "T.I." and Tameka "Tiny" Harris.

  • February 04, 2025

    Southern Glazer's Wants FTC Unfair Pricing Suit Canned

    Southern Glazer's asked a California federal judge Monday to dismiss the Federal Trade Commission's first price discrimination lawsuit in 25 years, arguing that even if the "mistaken economic theory" undergirding it holds true, dissents from the FTC's Republicans illustrate why the case fails anyway.

  • February 04, 2025

    Walmart Gets Arbitration In Fla. Delivery Fee Tax Fight

    An accusation that Walmart unlawfully charged Florida customers sales tax on delivery fees will go to arbitration, a federal judge ruled Tuesday, saying shoppers agreed to arbitration when they accepted the terms of use of the retailer's website.

  • February 04, 2025

    Pa. Governor Puts Cannabis Legalization In Budget Proposal

    Pennsylvania Gov. Josh Shapiro on Tuesday announced a plan to legalize recreational cannabis later this year as part of his budget proposal.

  • February 04, 2025

    'Is This A Joke?' Judge Denies Atty Fees For Grocery Patrons

    A California federal judge had so little tolerance for shoppers claiming victory and seeking attorney fees from the abandoned Kroger-Albertsons merger that in tossing their motion and underlying lawsuit he noted with incredulity, "Plaintiffs are actually making these arguments."

  • February 04, 2025

    Judge Rejects Blink Fitness Ch. 11 Plan Exculpations

    A Delaware bankruptcy judge Tuesday rejected Blink Fitness' request to shield the administrator of its Chapter 11 wind-down plan from legal liability, saying she can't release claims for future acts.

  • February 04, 2025

    Party-Line Vote Sends Kennedy's HHS Nomination To Senate

    Robert F. Kennedy Jr.'s nomination to be the nation's top healthcare official cleared a key confirmation hurdle on Tuesday, setting the stage for the anti-vaccine lawyer and activist to take the helm of the U.S. Department of Health and Human Services.

  • February 03, 2025

    Google Fights Uphill To Scrap Antitrust Verdict At 9th Circ.

    A Ninth Circuit panel appeared skeptical on Monday of Google's bid to throw out Epic Games' antitrust trial win and injunction requiring Google to open its Play Store to rivals following Epic Games' partial antitrust loss against Apple, with each judge doubting that the Apple ruling is necessarily preclusive.

  • February 03, 2025

    Gilstrap Tells Patent Atty To 'Relearn The Fundamentals'

    U.S. District Judge Rodney Gilstrap has decided that a "public admonition" is a more appropriate punishment than legal fines for a lawyer whose client was called a "patent troll" by opponents, ordering the attorney to "relearn the fundamentals of the Federal Rules of Civil Procedure."

  • February 03, 2025

    DOJ Poised To Prosecute Threat-Makers Against DOGE

    A federal prosecutor appointed by President Donald Trump offered Elon Musk his office's support to "protect" the work of the newly created Department of Government Efficiency headed by the billionaire businessman, including "legal action against anyone who impedes your work or threatens your people."

  • February 03, 2025

    Zantac's Discoloration Merely 'Cosmetic,' Boehringer Rep Says

    A Boehringer Ingelheim corporate representative testified Monday that the company considered changes to the color of its over-the-counter Zantac heartburn drug as no more than a harmless "cosmetic" abnormality, as the pills were consistently tested as safe to take.

  • February 03, 2025

    Artist Fights Lego's Bid To Toss Suit Over 'Queer Eye' Jacket

    A New York leather jacket designer who claims that Lego ripped off his work after it appeared on the Netflix show "Queer Eye" has urged a Connecticut federal judge to deny the toy company's bid to toss his case, saying the jacket used in a Lego play set "is not just fabric and paint; it's an original expression."

  • February 03, 2025

    QBE Insurance, Walmart Cite Pending Opioid Appeal In Ark.

    Walmart Corp. and a fleet of insurers notified Delaware's Supreme Court Monday that they are awaiting an Arkansas Court of Appeals hearing on challenges to a lower court's finding that Walmart is entitled to excess coverage for state and local government insurance suits arising from the opioid epidemic.

  • February 03, 2025

    Fla. Police Pension Sues Target Over 'Woke Capitalism' Losses

    A Florida police department's pension fund sued Target Corp. in federal court in a proposed class action over alleged securities violations, saying the company lost billions of dollars in value after experiencing a sustained backlash from customers due to "woke capitalism" initiatives meant to promote sustainable business practices and diversity.

  • February 03, 2025

    PharmacyChecker's Legality Weighed In 9th Circ. Appeal

    Judges on the Ninth Circuit went back and forth with lawyers on both sides of online drug comparison site PharmacyChecker's antitrust suit against LegitScript on Monday, questioning the latter's claims that PharmacyChecker's entire business is illegal because it facilitates the unsanctioned importation of foreign pharmaceuticals.

  • February 03, 2025

    DC Wants Pot Enforcement Suits To Stay In Federal Court

    The District of Columbia is arguing that a group of suits by cannabis-related businesses and associations belong in federal court, saying it is "paradoxical" for them to want the cases removed to state-level court when they clearly involve federal law and constitutional questions.

  • February 03, 2025

    Amazon Military Leave Class Should Be Certified, Judge Says

    A New York federal judge recommended on Monday greenlighting class treatment for more than 9,000 military reservists who accused Amazon of failing to fully provide paid leave for employees on active duty, saying the workers have shown the employment policies at issue apply to all of them.

  • February 03, 2025

    Trial Court Won't Pause Google Search Case For Apple Appeal

    A D.C. federal court refused on Sunday to pause the remedies phase of the landmark monopolization case targeting Google's search dominance while Apple appeals a decision refusing to allow it to participate.

  • February 03, 2025

    Canada Gets Trump Tariffs Paused After Retaliation Threats

    Canada and the U.S. have agreed to pause planned tariffs for at least 30 days while the two countries try to work out an agreement, Canadian Prime Minister Justin Trudeau and U.S. President Donald Trump said late Monday afternoon, an announcement that came after Canada floated retaliatory tariffs earlier in the day and said it would rip up a contract with Elon Musk's Starlink.

  • February 03, 2025

    Kroger, Albertsons No-Poach Suit Back In Colo. Court

    A proposed class action accusing Kroger Co. and Albertsons of brokering an illegal no-poach agreement that hurt wage negotiations during a strike in Colorado is back in state court, after a grocery store worker dropped a federal court lawsuit and refiled her claims in Denver District Court.

  • February 03, 2025

    Liberated Brands Files Ch. 11 After Losing Clothing Licenses

    Liberated Brands LLC, a retail company that sells clothes for brands like Volcom, RVCA and Billabong, filed for bankruptcy in Delaware with $226 million in debt to wind down and sell its operations after a retail lull pinched its liquidity and led a third-party brand owner to pull out of key license agreements.

  • January 31, 2025

    $577M In Virus Fraud Cases At Risk Unless Congress Acts: IG

    The federal government's top pandemic relief watchdog has issued an urgent plea for Congress to save his agency from imminent closure, warning that hundreds of millions of dollars in ongoing fraud investigations hang in the balance.

  • January 31, 2025

    En Banc Pa. Court Restores $2.3M Injury Award Against Domino's

    A Pennsylvania appellate court said the Domino's pizza chain can indeed be held liable for a $2.3 million verdict in a suit accusing a franchisee's delivery driver of causing a motorcyclist's severe injuries, saying the company had sufficient control over the franchisee's operations.

  • January 31, 2025

    DOJ Says Agri Stats Case About 'Broad' Ploy, Not Specific Data

    The U.S. Department of Justice urged a Minnesota federal judge not to turn its antitrust case against Agri Stats into something it isn't: a line-by-line recitation about particular problematic data fields in the company's protein industry reports, rather than "a broad, multifaceted, and interconnected information exchange conspiracy."

Expert Analysis

  • Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries

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    A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Takeaways From Tossed Deal In Visa, Mastercard Class Action

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    Given the rejection of a proposed deal in the long-running merchant antitrust class action against Visa and Mastercard in New York federal court, sweetening the proposed settlement pot likely will not be an option, leaving few possible outcomes including splitting the class and allowing opt-outs, say attorneys at Davis Wright.

  • What High Court TM Rulings Tell Us About Free Speech

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    Recent U.S. Supreme Court rulings show tension between free speech and trademark law, highlighting that while political mockery is protected, established brands may be forced to adapt to evolving cultural values, says William Scott Goldman at Goldman Law Group.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.

  • Justices' Starbucks Ruling May Limit NLRB Injunction Wins

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    The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • A Look At State AGs Supermarket Antitrust Enforcement Push

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    The ongoing antitrust intervention by state attorneys general in the proposed Kroger and Albertsons merger suggests that states are straying from a Federal Trade Commission follow-on strategy in the supermarket space, which involved joining federal investigations or lawsuits and settling for the same divestment remedies, say attorneys at Troutman Pepper.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

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