Retail & E-Commerce

  • March 17, 2025

    Illinois Cannabis Social Equity Licensee Sued By Backer

    A company that backs entrepreneurs qualified for social equity cannabis licenses alleged in a new federal lawsuit that a business owner it partnered with reneged on their agreement when he attempted to sell his retail marijuana license to another party.

  • March 17, 2025

    Wash. AG Seeks $32M In Legal Fees In Kroger Merger Case

    Washington's attorney general said the state is entitled to recover $32.4 million in legal fees for prevailing in its lawsuit opposing Kroger's $24.6 billion bid to buy Albertsons, including nearly $10 million for Munger Tolles & Olson LLP's assistance in the state court case.

  • March 17, 2025

    2nd Circ. Sends Amazon Wage Question To Conn. Justices

    The Second Circuit asked Connecticut's top court Monday to weigh in on whether employees are owed pay for their time spent undergoing post-shift anti-theft screenings, saying the state's justices have not yet provided guidance on this matter.

  • March 17, 2025

    Ex-Freshpet Seller Wins Breakup Fee But May Still Owe $8M

    Pet food maker Freshpet is liable for $5 million for aborting a distribution agreement it had with an animal food distributor, a Pennsylvania federal judge ruled Monday, reasoning that there was no dispute that the contract had been breached.

  • March 17, 2025

    Hair Care Co.'s Hair, Face Scans Violate BIPA, Consumer Says

    Hair care company Living Proof has been sued in Illinois state court by a consumer who says the company illegally collects and uses customers' biometric hair and face geometry to analyze their hair characteristics and recommend products to buy online.  

  • March 17, 2025

    Auto Mogul Says $150M Note Changes Were For Co.'s Survival

    An auto parts manufacturer and its leader have urged a Michigan federal judge to find that they didn't fraudulently change promissory notes worth $150 million to cheat Alter Domus LLC out of payment, telling the court the amendments were made to help the company survive the COVID-19 pandemic.  

  • March 17, 2025

    Forever 21 Hits Ch. 11 Again With $1.6B Of Debt, Sale Plan

    Fashion retailer Forever 21's U.S. operator has filed for Chapter 11 protection in Delaware bankruptcy court with $1.58 billion of funded debt and plans to wind down operations at its 354 U.S. stores if it fails to find a last-minute buyer for the business.

  • March 14, 2025

    11th Circ. Again Upholds Fla. Ban On Under-21 Gun Sales

    Florida's law banning sales of firearms to anyone under 21 is constitutional, a divided Eleventh Circuit ruled Friday on en banc review, finding that America's 18- to 20-year-olds have had their gun rights checked since the nation's founding.

  • March 14, 2025

    Dunkin' Nears End To ADA Suit Over Milk Alternative Charges

    A California federal judge indicated Friday that she's ready to toss a proposed class action claiming doughnut chain Dunkin' violates the Americans with Disabilities Act by charging extra for beverages with nondairy milk after noting that the chain announced it would no longer charge extra for nonlactose alternatives.

  • March 14, 2025

    'Final Fantasy' Maker Says Rival Created Copycat Game

    Square Enix, the creator behind Final Fantasy, sued a Chinese company in Washington federal court for allegedly releasing an infringing role-playing video game that uses substantial elements of Square Enix's Front Mission – 2089: Borderscape, including characters, game mechanics and visual designs.

  • March 14, 2025

    Ford Bronco TM Suit Looks Under Hood Of Vintage Market

    Ford Motor Co. is clashing with a company that restores Broncos from the 1960s and 1970s and retrofits the newer models that Ford started selling after a two-decade hiatus to make them look like older ones, setting up a battle over whether the iconic car company has done enough to maintain its rights over the Bronco mark in the intervening years.

  • March 14, 2025

    Market Turbulence Threatens To Stall IPO Recovery

    Stock market volatility is impeding a recovery in initial public offerings that market dealmakers hoped would begin by spring, prompting many IPO lawyers and advisers to defer hopes of a rebound until at least the second half of 2025.

  • March 14, 2025

    Home Depot Nixes 3rd Lynk Labs Patent Claim At Fed. Circ.

    Home Depot U.S.A. Inc. persuaded Federal Circuit judges on Friday to override the Patent Trial and Appeal Board and throw out another claim in a patent issued to a late 1990s tech developer that later pivoted to LED lights. 

  • March 14, 2025

    Whistleblower Hasn't Proved Retaliation In Tariff Fraud Case

    A former employee of two defunct footwear companies has not shown her boss fired her for confronting him about a scheme she alleged he ran to lower tariffs on certain shoes, a New York federal court ruled, letting her claim that he ran the scheme continue to trial.

  • March 14, 2025

    Coupang Hit With Corporate Fraud, Waste Claims In Chancery

    The officers and directors of tech company Coupang Inc., are facing a derivative lawsuit in Delaware Chancery Court — accused of corporate mismanagement, fraud and waste, including labor violations in South Korea.

  • March 14, 2025

    Legalese Aside, Live Nation Judge Keeps Damages Claims

    A New York federal judge refused Friday to pare back a lawsuit filed by the government and 40 states accusing Live Nation of quashing competition and hiking ticketing prices, preserving claims that artists have been forced to use Live Nation promotion services and deeming state attorneys general to have standing to seek damages.

  • March 14, 2025

    Apple Tells DC Circ. It's Still Singled Out In Final Google Fixes

    Apple told the D.C. Circuit that it still needs to intervene in the U.S. Department of Justice's search monopolization case against Google because the government's final remedy proposal still treats the iPhone-maker differently than other companies.

  • March 14, 2025

    Wash. Justices Side With Shopper In Lowe's Fallen Fence Suit

    Washington's high court has sided with a customer suing Lowe's after she was injured by a fallen roll of fencing at an Evergreen State store, saying a judge or jury should decide whether the retailer could have anticipated the hazard given the self-service style of the store.

  • March 14, 2025

    ITC To Review Toolmaker's Fish Tape, Safety Helmet Products

    The U.S. International Trade Commission has agreed to investigate an Illinois company's complaint against a competing toolmaker for allegedly infringing three patents covering glow fish tape and a safety helmet system.

  • March 14, 2025

    Reject Next-Gen TV Tuner Mandate, Consumer Tech Org. Says

    It's a bad idea to force TV manufacturers to include devices that make them compatible with the next generation of television broadcasting technology on all new sets, a consumer technology trade group told the Federal Communications Commission.

  • March 14, 2025

    Starbucks Ordered To Pay $50M In Burn Injury Case

    A California state jury in Los Angeles awarded $50 million Friday to a delivery driver burned by hot water at a Starbucks drive-through window, roughly splitting the difference between the parties' suggested damages.

  • March 14, 2025

    FTC Probing $13B Marketing Mega-Deal

    Marketing communications giants Omnicom and Interpublic disclosed an in-depth Federal Trade Commission probe into their $13 billion merger, pumping the brakes on their ability to close the deal soon, but they said the expectation is nevertheless to finish by the second half of this year.

  • March 14, 2025

    Off The Bench: Ex-Jet Sues Over Favre Clip, New Soccer Build

    In this week's Off The Bench, a retired football superstar claims an argument with icon Brett Favre should have never been aired on television, one trading card company gets the upper hand on another in dueling antitrust suits, and an English soccer club opts for a new stadium over a rebuild of the old one.

  • March 14, 2025

    Washington Dept. OKs Property Conversion Tax Break Regs

    Washington state's Department of Revenue adopted regulations to clarify eligibility requirements for a retail sales and use tax break for the conversion of commercial property to affordable housing authorized by a 2024 law, according to a rulemaking order.

  • March 13, 2025

    Jessica Alba's Honest Co. Inks $28M Deal In IPO Class Action

    Jessica Alba's The Honest Co., its executives and others involved in the baby and beauty product company's initial public offering have agreed to pay nearly $28 million to resolve a class action in California federal court alleging they failed to disclose negative trends ahead of the IPO.

Expert Analysis

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • How Trump 2.0 May Change Business In Latin America

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    Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • When Judging Product Label Claims, Follow The Asterisk

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    A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.

  • Complying With Seasonal Product Labeling Requirements

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    Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.

  • 2 Cases May Enlighten UK Funds' Securities Litigation Path

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    Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • How To Manage During A Trade Dispute With USMCA Partners

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    Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.

  • 3 Factors Affecting Retail M&A Deals In 2025

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    Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Searching For Insight On Requested Google Chrome Remedy

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    The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • Retailers Must Adapt As Courts Shift On False Price Claims

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    The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.

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