Retail & E-Commerce

  • February 19, 2025

    Lululemon Gets 'Greenwashing' Ads Suit Tossed

    Lululemon Athletica Inc. has escaped a proposed class action accusing it of misleading the public into thinking the company is environmentally friendly, after a Florida federal judge tossed the suit because the consumers couldn't make a price-premium connection.

  • February 19, 2025

    PVC Pipe Giant Atkore Discloses DOJ Grand Jury Probe

    Atkore Inc.'s antitrust woes have grown from civil price-fixing litigation targeting the company's PVC pipe manufacturing, according to a new investor filing disclosing a U.S. Department of Justice criminal investigation.

  • February 19, 2025

    Full Fed. Circ. Stands By Reviving Crocs False Ad Case

    The full Federal Circuit on Tuesday declined to revisit a panel decision reviving false advertising claims against Crocs Inc. over its statement that its shoes were made with "patented, proprietary, and exclusive" materials that were not, in fact, patented.

  • February 19, 2025

    Amazon Drivers Deny Discovery Lapses In Yearslong Pay Suit

    Ten former Amazon Flex delivery drivers are pushing back against the e-commerce giant's bid to disqualify them as plaintiffs in an eight-year-old collective wage action, contending they have "gone above and beyond" in their efforts to comply with the company's document demands.

  • February 19, 2025

    Parents Fight Riddell's Bid To Move Defective Helmet Lawsuit

    Parents of a high school football player who suffered severe brain injuries due to an allegedly faulty helmet are urging a Texas federal judge to reject sports equipment maker Riddell Inc.'s bid seeking to transfer the litigation to a different court, saying the current location is "far more convenient" for most witnesses.

  • February 19, 2025

    Hemp Cos. Drop Suit Challenging Va. THC Regulations

    A hemp product maker and retailer on Wednesday dropped their suit in federal court challenging a Virginia law restricting the sale of hemp-derived intoxicants a month after the Fourth Circuit affirmed that the law was not preempted by the 2018 Farm Bill that legalized the sale of industrial hemp.

  • February 19, 2025

    Franchise Group Gets Tentative Deal On Ch. 11 Voting Process

    Retail chain operator Franchise Group Inc. and a group of lenders told a Delaware bankruptcy judge on Wednesday they were close to agreeing on a disclosure statement for Franchise Group's Chapter 11 plan that will let the debtor take votes on the proposed debt-for-equity and liquidation deal.

  • February 19, 2025

    No Coverage For Seller In NY Ghost Gun Suits, Insurer Says

    The insurer for a company suspected of selling components used to make illegal "ghost guns" told a New York federal court that it owed no coverage for three underlying government suits alleging that the company contributed to the sale of weapons that are harder for law enforcement to trace.

  • February 19, 2025

    Pa. Justices Say Sales Tax Isn't Commerce Under State Law

    Collecting sales tax is not part of a commercial transaction even if it occurs at the same time as that transaction, according to a Wednesday ruling from the Pennsylvania Supreme Court in a suit accusing American Eagle and other retailers of charging wrongful taxes on face masks.

  • February 19, 2025

    Calif. Bill Aims To Ban Sale Of Anti-Aging Products To Minors

    A San Francisco Bay Area legislator has introduced a new bill that bans the sale of anti-aging products "that contain potent and harsh ingredients" to people under the age of 18 in the Golden State.

  • February 19, 2025

    Calif. Smoking Gear Co. Says Rival Ripped Off Cones Design

    A California-based smoking accessory maker is suing a Washington competitor in federal court, alleging that the other company's "Crush Cones" infringe a patent for prerolled smoking cones.

  • February 19, 2025

    Wrangler Jeans Owner Paying $900M For Helly Hansen

    Kontoor Brands Inc., the owner of the Wrangler and Lee apparel brands, said Wednesday it will buy the Norwegian outdoor clothing brand Helly Hansen from Canadian Tire Corp. for $900 million.

  • February 19, 2025

    Amazon, Supermarket Latest Targets Of Lie Detector Litigation

    Amazon and New England supermarket chain Market Basket are the latest two companies to face accusations of flouting a nearly 40-year-old Massachusetts law that requires notice to jobseekers that the use of lie detectors in employment decisions is illegal in the Bay State.

  • February 18, 2025

    CFPB Should Beat Suit Over Small Biz Loan Rule, Judge Says

    A Florida federal magistrate judge has recommended rejecting a trade group's challenge to the Consumer Financial Protection Bureau's small business lending data rule, finding that merchant cash advances are lawfully included within the scope of the rule, as the agency faces uncertainty under the Trump administration.

  • February 18, 2025

    Amazon Says Stalking Happened Before It Linked With Tile

    Amazon has asked a California federal court to throw out a proposed class action alleging that Bluetooth tracking devices sold via a partnership with Tile Inc. are dangerous because they empower stalkers, saying Amazon "played no role whatsoever" in the alleged conduct, which happened before Tile started working with it.

  • February 18, 2025

    Pandemic No Excuse To Alter $150M Notes, Alter Domus Says

    An auto parts magnate and his manufacturing company should not get away with using the COVID-19 pandemic as an excuse for changing promissory notes worth $150 million in ways that deflated their value, lending agent Alter Domus LLC asserted in Michigan federal court Tuesday.

  • February 18, 2025

    Bath & Body Works Sues Over 'Abysmal' Fulfillment Service

    Bath & Body Works filed suit Tuesday against a commercial fulfillment vendor that allegedly provided "abysmal service" for years at its Atlanta-area fulfillment center before rejecting Bath & Body Works' attempts to terminate its service contract, refusing to cooperate on a transition and rushing to forum shop in a related lawsuit.

  • February 18, 2025

    Discover Can't Get Judge To Rethink Decision In Risk Case

    A New York federal judge will not rethink her decision denying Discover a quick win in a lawsuit over whether it and several other credit card companies conspired to dump fraud risk onto retailers, ruling that the suing retailers can continue their claims.

  • February 18, 2025

    Jury Awards Nearly $4M In Lawnmower Patent Trial

    A jury in Delaware federal court has found that power equipment company Techtronic Industries Co. Ltd. willfully infringed five lawnmower patents by China-based rival Chervon (HK) Ltd. and failed to prove that any of them were invalid, awarding just under $4 million as a reasonable royalty but declining to issue damages for lost profits or price erosion.

  • February 18, 2025

    Studies Don't Show Zantac Cancer Risks, Jury Hears

    Taking Zantac does not cause prostate cancer, a Children's Hospital Colorado toxicologist testified Tuesday in two men's Illinois retrial of claims that taking the heartburn medication contributed to their diagnoses.

  • February 18, 2025

    IPhone Buyers Can't Get Apple DOJ Docs Before Discovery

    Apple doesn't have to turn over the millions of documents it gave the U.S. Department of Justice as part of a private monopolization suit brought by iPhone and Apple Watch buyers, at least not until discovery, a judge overseeing the recently created multidistrict litigation has said.

  • February 18, 2025

    Pepsi, Frito-Lay Accused Of Favoring Chains With Chip Prices

    PepsiCo and Frito-Lay are illegally favoring Walmart, Target and other chain grocery stores by charging them much lower prices for snack chips than independently owned businesses, a pair of California convenience stores alleged in a proposed class action filed in Golden State federal court.

  • February 18, 2025

    Car Dealer Can't Depose Government In 'Deceptive' Price Suit

    A Nissan dealer cannot depose the Federal Trade Commission or the state of Connecticut in a dual enforcement action alleging that it charged consumers "deceptive" price add-ons, a federal magistrate judge has ruled, agreeing that the government had already provided all relevant discovery or was planning to do so.

  • February 18, 2025

    Human Rights Atty Sees 'Serious Risks' Of Neural Data Abuse

    International human rights attorney Jared Genser spoke with Law360 Healthcare Authority about the "serious risks of misuse and abuse of neurotechnologies" that have led California and Colorado to expand their state consumer privacy laws in the last year to include neural data, with similar bills pending in Montana, Massachusetts and Illinois.

  • February 18, 2025

    Developer Sues To Force Fla. Village Into Dispute Resolution

    A developer whose plans to build workforce housing in Bal Harbour, Florida, have been thwarted by the upscale village has sued the village, claiming it failed to participate in a dispute resolution proceeding required under a state law allowing property owners to challenge government actions.

Expert Analysis

  • FDIC Guidance Puts Next-Gen ATMs In Regulatory Spotlight

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    The boring existence of ATMs is changing thanks to the emergence of new-age interactive teller machines, prompting the Federal Deposit Insurance Corp. to sound off in a potentially influential August letter to branches on which services might need regulatory approval, says Thomas Walker at Jones Walker.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Amazon Holiday Pay Case Underscores Overtime Challenges

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    The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.

  • Understanding New ACH Network Anti-Fraud Rules

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    Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.

  • Opinion

    It's Time To Sound The Alarm About Lost Labor Rights

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    In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.

  • Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus

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    Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • 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.

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