Retail & E-Commerce

  • March 07, 2025

    Google Says Special Master Can't Make Ad Tech Trial Calls

    Google is opposing a bid in Texas federal court from state enforcers accusing the company of monopolizing key digital advertising technology to have a special master make decisions about what evidence will be admitted during trial.

  • March 07, 2025

    Goodyear Must Include Microplastic Proposal In Proxy

    The U.S. Securities and Exchange Commission has rejected Goodyear Tire & Rubber Co.'s bid to exclude from its annual proxy statement a shareholder proposal calling for goals and timelines related to reducing tire wear shedding and subsequent microplastic pollution.

  • March 07, 2025

    Wash. Judge Finds 'Alludo' TM Fight Best Left To A Jury

    A Washington federal judge has denied dueling summary judgment bids in an educational technology firm's trademark infringement lawsuit against the company behind the 1990s word-processing application WordPerfect, finding Thursday that genuine factual disputes remain over whether the defendant's alleged copying of the "Alludo" product name would likely cause confusion.

  • March 07, 2025

    Electronics Co. Owes $14M In Charger Patent Suit, Jury Finds

    A Delaware federal jury on Friday found Hong Kong electronics company Anker Innovations Co. infringed Texas company Fundamental Innovation Systems International LLC's patents with its USB charger products, saying Anker owes more than $13.6 million in damages.

  • March 07, 2025

    9th Circ. Probes Ax Of Trader Joe's IP Suit Against Union

    Ninth Circuit judges on Friday questioned a federal judge's decision to toss Trader Joe's trademark suit against a union selling merchandise with the grocers' name, with one saying it was "a little bit unusual" to have a determination about the likelihood of confusion decided at the motion to dismiss stage.

  • March 07, 2025

    Utah Court Affirms Walmart's Collective $52M Property Value

    A trio of Utah-based Walmart retail properties were correctly assessed at a collective $52 million for property tax, a Utah appeals court said, finding that a lower court didn't make any errors when valuing the three properties.

  • March 07, 2025

    Cosmetics Co. Sues Insurer Over Calif. Water Pollution Claims

    A cosmetics company facing water pollution claims told a California federal court its insurer denied coverage in bad faith, saying though the insurer agreed to defend a lawsuit from the California attorney general, the insurer still wrongly refused to reimburse costs from two prior, related suits that were ultimately rescinded.

  • March 07, 2025

    NY's Crackdown On Illicit Pot Is Unconstitutional, Club Says

    A self-described cannabis club has launched a legal challenge to New York policies aimed at combating unregulated marijuana sales, saying authorities' raids unconstitutionally shut down its businesses.

  • March 07, 2025

    Delivery Drivers Get Trimmed OT Suit Cleared For Trial

    A New Jersey federal judge refused Friday to allow a delivery provider to escape a class action accusing it of failing to pay delivery drivers overtime wages, but determined no reasonable jury could find that a discount retailer partner was the workers' employer.

  • March 07, 2025

    Sephora Must Face Retaliation Claims Over Hiring Practices

    Sephora can't escape a Latina former store manager's claims that she was fired for refusing to prioritize white job applicants, with a Georgia federal judge ruling Friday it would be premature to trim her lawsuit ahead of discovery.

  • March 07, 2025

    Tupperware Can Seek Votes For Post-Sale Liquidation Plan

    The estate of food storage company Tupperware Brands can solicit votes on its Chapter 11 liquidation plan, even as its creditors accused the debtor's latest plan of deviating from a prior agreement.

  • March 07, 2025

    Bed Bath & Beyond Investors Can't Move Judge On Class Cert.

    Bed Bath & Beyond shares did not trade on an efficient market during the class period, a Washington, D.C., federal judge confirmed again, refusing to reconsider his class certification denial in a suit from the now-bankrupt retailer's investors who alleged they were misled by company executives and a billionaire investor.

  • March 07, 2025

    Fed. Circ. Says Judge Misconstrued Term In Tactical Vest Row

    A Federal Circuit ruling on Friday reversed a finding from a Florida federal judge on constructing the phrase ​​"pull cord," reviving a fight over a patented system for making tactical vests easier to take off.

  • March 07, 2025

    LG Resolves Screen Display Patent Suit

    Bishop Display Tech LLC and LG Electronics have resolved a dispute over allegations that LG and its subsidiaries infringed several patents for liquid crystal screen displays, according to a filing in Texas federal court on Thursday.

  • March 07, 2025

    Budtenders Say Curaleaf's Tips Policy Violates Federal Law

    A proposed class of budtenders for Curaleaf Inc.'s Maryland dispensaries are suing the company, saying it violates the Fair Labor Standards Act with its policy of paying out tips to managers.

  • March 07, 2025

    Taxation With Representation: Kirkland, Wachtell, Skadden

    In this week's Taxation With Representation, Walgreens Boots Alliance goes private via a deal with Sycamore Partners, Honeywell buys Sundyne from Warburg Pincus, and Jazz Pharmaceuticals acquires Chimerix.

  • March 07, 2025

    Amazon Driver Can't Get Mass. Court's Ear In Wage Suit

    A Washington federal judge refused to grant an Amazon delivery driver's request to allow Massachusetts' top court to weigh in on his case, saying the worker's plea came only after the court nixed his bid for class certification and thus arrived too late.

  • March 06, 2025

    AppLovin Hit With Suit Over 'Forced Shadow Downloads'

    Technology company AppLovin faces a proposed investor class action alleging it invoked "cutting-edge AI technologies" in touting growth that allegedly resulted from manipulative practices triggering forced shadow downloads of its apps.

  • March 06, 2025

    State AGs Want Fees In Kroger Wash., Ore. Merger Cases

    A total of 10 attorneys general kicked off two separate bids Wednesday for attorney fees in the state and federal court cases in Washington and Oregon that blocked Kroger's $24.6 billion bid to buy Albertsons, arguing in the federal lawsuit that their substantial participation alongside the Federal Trade Commission means they "substantially prevailed."

  • March 06, 2025

    9th Circ. Shreds 'Muddled' Argument In Amazon Antitrust Case

    A panel of the Ninth Circuit on Thursday picked apart arguments from consumers in their lawsuit alleging Amazon violated antitrust law through the e-commerce giant's fulfillment services, with the judges saying an amended complaint was "extraordinarily light on any actual evidence" and the arguments appeared "muddled."

  • 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.

Expert Analysis

  • 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.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024's Most Notable FTC Actions Against Dark Patterns And AI

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    In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.

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