Retail & E-Commerce

  • March 20, 2025

    Industry Groups Criticize Withdrawal Of PTAB Denial Memo

    Groups representing major industries have written to the White House expressing "grave concern" about the patent office's withdrawal of a guidance memo limiting when patent challenges can be denied, and large tech companies told a court the office's move bolsters their case against such denials.

  • March 20, 2025

    Class In Bayer 'One A Day' Gummies Lawsuit Gets Judge's OK

    A New York federal judge on Wednesday certified a class of consumers who allege that the labeling on Bayer's "One A Day" vitamin gummies is misleading, finding that an expert's survey found that the consumers found that it was so.

  • March 20, 2025

    State AGs Want 11th Circ. Redo Of FCC Robocall Reg Ruling

    Attorneys general from more than half the states and Washington, D.C., are urging the full Eleventh Circuit to reverse a panel decision that nixed a federal rule restricting the use of comparison shopping sites to generate robocall leads.

  • March 20, 2025

    Walgreens Can't Dodge Wash. Law In 'Non-Drowsy' Label Suit

    The Washington Supreme Court said Thursday that Walgreens could not avoid claims under the state's consumer protection law alleging its "non-drowsy" cough medicine label was deceptive, rejecting the retailer's contention that the law's safe harbor provision shielded it from a proposed class action in Illinois federal court.

  • March 20, 2025

    Texas Senators Approve Bill Banning THC Consumables

    The Texas state Senate has approved a bill that would broadly ban consumable products with hemp-derived cannabinoids, such as delta-8 THC, sending the legislation to the state House of Representatives.

  • March 20, 2025

    Samsung's Phone Screen Patent Case Dies At ITC

    Samsung has failed to convince the U.S. International Trade Commission to second-guess an administrative law judge who decided last year that the smartphone giant could not bring a patent case at the agency against a major Chinese rival that makes replacement screens for smartphones.

  • March 20, 2025

    9th Circ. Won't Renew Consumers' Amazon 'Buy Box' Suit

    A Ninth Circuit panel has declined to revive a consumer antitrust suit against Amazon, ruling on Thursday the plaintiffs have failed to show they were injured by the e-commerce company's practices incentivizing third-party sellers to use its logistics services with the "Buy Box" feature.

  • March 20, 2025

    Chinese Pool Firms Banned From US Sales Until Judgment Is Paid

    A North Carolina federal judge barred multiple Chinese companies and their owner from importing and selling pool equipment in the United States until they pay off a prior $17.8 million judgment after finding them in contempt for "actively frustrating" collection efforts by moving money around despite restraining orders.

  • March 20, 2025

    Saatva Misled Consumers About Mattress Material, Suit Says

    Saatva, a direct-to-consumer mattress brand, has been hit with a proposed class action in a New York federal court, with shoppers accusing it of misrepresenting that its products are nontoxic, natural and chemical-free, even though its mattresses contained materials that pose health and environmental concerns.

  • March 20, 2025

    Oracle Eyes Stake In TikTok's US Entity, And More Rumors

    Oracle is considering acquiring a stake in TikTok's U.S. operations that would allow the social media giant to continue doing business here under certain security assurances. Meanwhile, Brookfield Asset Management has emerged as the top contender to acquire Colonial Pipeline, and German drugmaker Stada is delaying its IPO until at least September because of market volatility. Here, Law360 breaks down the notable deal rumors from the past week.

  • March 19, 2025

    Beech-Nut Beats Baby Food Metals Case Revived By 2nd Circ.

    A New York federal judge tossed Wednesday a recently revived consolidated proposed consumer class action alleging Beech-Nut Nutrition Co. sold baby food contaminated with metals, finding that the consumers have not shown they were economically harmed, while rejecting their claims they overpaid for the products or did not receive the benefit of the bargain.

  • March 19, 2025

    Philip Morris Must Face Bulk Of Fla. Zyn Injury Suits

    A Florida federal judge trimmed on Wednesday a single fraudulent concealment claim against Philip Morris' subsidiary in a pair of consumer lawsuits alleging ongoing injuries caused by addictions to Zyn nicotine pouches, but the judge refused to toss other claims, rejecting Philip Morris' jurisdictional challenges.

  • March 19, 2025

    DOJ Says Anthropic View Of Google Search Fix Is Now Moot

    The U.S. Department of Justice is urging a D.C. federal judge to dismiss Anthropic's bid to submit witness declarations in the remedies phase of the government's search antitrust case against Google, arguing that it already dropped the proposed remedy that drew Anthropic's input in the first place.

  • March 19, 2025

    Crisco Slips Proposed Class Cert. In Butter False Ad Suit

    A Crisco cooking spray purchaser looking to hold its manufacturer liable for an allegedly deceptive "butter" label cannot pursue those claims on behalf of other consumers because his intended classes aren't solid enough to proceed as one, an Illinois federal judge said Wednesday.  

  • March 19, 2025

    DOJ Defends Rejection Of Agri Stats Bid For Data Points

    The U.S. Department of Justice is defending a decision in Minnesota federal court denying a bid from Agri Stats Inc. to make enforcers identify specific data fields in company reports that allegedly allow chicken, pork and turkey producers to share competitively sensitive information.

  • March 19, 2025

    Fed. Circ. Backs Partial Ax Of 'Money Mart' TM In Pawn Fight

    The Federal Circuit has backed the Trademark Trial and Appeal Board's finding that two Dollar Financial Group trademark registrations for the phrase "Money Mart" can't be used for pawn brokerages and pawn shops.

  • March 19, 2025

    Insurers End Dispute Over Pizza Chain Salmonella Coverage

    Two insurers for a "take 'n' bake" pizza chain have settled a dispute over their contributions to a deal reached by their mutual insured in an underlying case over salmonella-tainted cookie dough, with a Washington federal court tossing the suit.

  • March 19, 2025

    Judge Tosses Vroom Investors' IPO Suit Due To Vague Claims

    A New York federal judge has tossed a stockholder class action against Vroom Inc. over issues with its $468 million initial public offering, finding that none of the more than 50 challenged statements in the complaint made about the online car retailer's customer service or business plan are actionable.

  • March 19, 2025

    Conn. Barber Says She Faced Anti-Polish Bias, Docked Pay

    A former barber at a Greenwich, Connecticut, hair salon has taken her ex-employer to federal court for allegedly discriminating against her for being from Poland, failing to pay overtime, and docking her pay for "house charges" to cover amenities she was never given at work.

  • March 19, 2025

    EU Accuses Google Of Breaking New Big Tech Rules

    European enforcers accused Google on Wednesday of violating the bloc's new rules for digital markets by favoring its own services in search results and through restrictions in its Play Store, while also outlining steps Apple needs to take to comply.

  • March 19, 2025

    Court Tosses Challenge To Indiana's Delta-8 THC Policy

    An Indiana federal judge has dismissed a challenge brought by hemp industry stakeholders against Indiana's policy to rein in hemp-derived delta-8 THC, saying the case was a matter for a state court.

  • March 19, 2025

    Revlon Settles Trade Secrets Case Over Britney Spears' Scent

    A federal court signed off on settlements ending Revlon's trade secrets case against an upstart Italian beauty brand, and one of its former marketing executives, who were both accused of stealing trade secrets when luring Britney Spears' perfume line abroad.

  • March 19, 2025

    Activist Asks 9th Circ. To Revive Meta, Twitter RICO Fight

    Political activist Laura Loomer urged the Ninth Circuit on Wednesday to revive her latest racketeering lawsuit alleging Meta and Twitter conspired with the government to censor conservative voices, arguing the lawsuit is distinct from three prior suits in part because this case involves accounts she used as a political candidate.

  • March 19, 2025

    How Cleary, Simpson Thacher Went To The Mattresses With FTC

    The Federal Trade Commission's attempt to block Tempur Sealy's $5 billion bid to acquire retailer Mattress Firm suffered a likely fatal blow when a Texas federal court refused to put the merger on hold.

  • March 19, 2025

    MLM Cosmetics Co. Doesn't Pay Any Wages, Stylist Says

    A multilevel marketing company illegally classifies stylists as independent contractors, thus forcing them to foot the bill for promoting the company's products, and only pays workers a commission and for recruiting more stylists, a lawsuit filed in California state court said.

Expert Analysis

  • Critical Steps For Navigating Intensified OFAC Enforcement

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    The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • Managing Transatlantic Antitrust Investigations And Litigation

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    As transatlantic competition regulators cooperate more closely and European antitrust investigations increasingly spark follow-up civil suits in the U.S., companies must understand how to simultaneously juggle high-stakes multigovernment investigations and manage the risks of expensive new claims across jurisdictions, say lawyers at Paul Weiss.

  • Cos. Must Prepare For Heightened Trade Enforcement Risks

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    Recent trade enforcement cases — including criminal prosecutions for tariff evasion — as well as statements from the Trump administration make it clear that companies must assess their risk profiles, review compliance programs and communication policies, and consider protocols for responding to subpoenas, say attorneys at Miller & Chevalier.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Drug Cartels' Terrorist Label Raises Litigation Risk For Cos.

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    President Donald Trump's planned designation of some Latin American drug-trafficking groups as foreign terrorist organizations creates an additional and little-noticed source of legal exposure: U.S. civil litigation risk involving terrorism claims by victims of those groups, say attorneys at Covington.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Top 10 Healthcare And Life Sciences Issues To Watch In 2025

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    Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.

  • Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits

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    The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.

  • Why Trump's FTC May Not U-Turn On Robinson-Patman

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    The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger

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    The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

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