Retail & E-Commerce

  • October 04, 2024

    Judge Says Live Nation Case Runs Deeper Than Merger Pact

    In refusing to transfer the government's monopolization case against Live Nation, a New York federal judge said the settlement allowing the company's 2010 merger with Ticketmaster dealt only with potential problems that existed at the time and has no bearing on the new claims.

  • October 04, 2024

    High Court Will Hear Mexico's Suit Against Gun Cos.

    The Supreme Court on Friday agreed to review a decision allowing Mexico to sue a group of gun manufacturers alleging they have aided and abetted criminal cartels.

  • October 04, 2024

    High Court Takes Up E-Cig 'Forum Shopping' Appeal

    The U.S. Supreme Court on Friday agreed to review a Fifth Circuit ruling that allowed out-of-circuit e-cigarette manufacturers to seek judicial review before the New Orleans-based court so long as the petition is joined by a seller located in the circuit.

  • October 03, 2024

    Kohl's Beats Investor Class Action Over Activist Bid, For Now

    A Wisconsin federal judge has dismissed an investor class action alleging that Kohl's attributed positive financial results to executives' strategic planning instead of unrelated, pandemic-related factors in an attempt to defeat an activist at a board meeting, finding that the investors have failed to plead any actionable false or misleading statements.

  • October 03, 2024

    Trulieve Sues Fla. Republican Party Over Anti-Weed Ads

    Trulieve, which is Florida's largest medical marijuana company and the principal backer of a ballot initiative to legalize cannabis in the Sunshine State, has sued the state's Republican Party and a pair of television stations for defamation, alleging that they ran misleading anti-weed ads.

  • October 03, 2024

    Fed. Circ. Says Crocs' Fake IP Claims Could Be False Ads

    The Federal Circuit on Thursday revived false advertising claims against Crocs Inc., which a competitor said improperly stated that its shoes were made with "patented, proprietary, and exclusive" materials.

  • October 03, 2024

    Wash. AG Wants Albertsons Sanctioned In Opioid Suit

    Washington state's attorney general has accused Albertsons of using a state-court-ordered stay to shield itself from discovery in a consumer protection suit that accuses Rite Aid and grocery store pharmacies of exacerbating the opioid epidemic, seeking the appointment of a "discovery referee" in a new sanctions motion.

  • October 03, 2024

    Lowe's Staves Off Defamation Claim In Vendor's Contract Suit

    A home accents company accusing Lowe's of maligning its reputation with allegedly unsubstantiated claims about defective products and its financial health can't pursue defamation against the home improvement giant, North Carolina's business court has ruled.

  • October 03, 2024

    12 Lawyers Who Are The Future Of The Supreme Court Bar

    One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.

  • October 03, 2024

    Chinese Nationals Get Prison For Counterfeit IPhone Caper

    Two Chinese citizens residing in Maryland have been sentenced to prison after being convicted for their roles in a $2.5 million scam that involved submitting over 6,000 counterfeit iPhones to Apple, inducing the company to replace the fakes with real smartphones.

  • October 03, 2024

    Georgia Resident Adds To Lawsuits Targeting Bio-Lab Fire

    A resident of Conyers, Georgia, is adding to the litigation against Bio-Lab Inc. and its corporate parent, KIK Custom Products Inc., with a proposed class action filed after a fire at the company's facility in the city on Sunday led to evacuation and shelter-in-place orders.

  • October 03, 2024

    OCC Backs Bid To Block 'Unworkable' Ill. Swipe Fee Law

    The banking industry's bid to block a new Illinois law that bans swipe fees on tax and tip payments received a big boost from the Office of the Comptroller of the Currency, which has slammed the law for being an "ill-conceived" threat to the "efficient and effective" banking system.

  • October 03, 2024

    CVS Pushed To Unwind Aetna Megadeal, And Other Rumors

    CVS is exploring strategic options that could break up the business, Kleenex's owner explores a sale at a potential $4 billion value, and Ares is in talks to buy 10% of the Miami Dolphins’ parent. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • October 03, 2024

    EEOC Says Colo. Pot Shop Fired Budtender Over Disability

    The U.S. Equal Employment Opportunity Commission is suing a Colorado marijuana dispensary, alleging that it fired a budtender for memory issues stemming from a mini stroke when she was nine years old, while privately calling her a "fruitcake."

  • October 02, 2024

    Kroger Partner Denies At Trial It Will Flip Acquired Stores

    The grocery wholesaler set to take on hundreds of stores if Kroger's $25 billion merger with Albertsons goes through defended its ability to meet the challenge Wednesday, with its CEO and a potential executive testifying in parallel proceedings in Colorado and Washington state.

  • October 02, 2024

    Nipple Cover Co. Can't Nix 'Grippy, Not Sticky' False Ad Suit

    A California federal judge on Wednesday declined to nix a proposed class action claiming Cakes Body falsely touts its reusable pasties as stay-in-place but that they don't work the way they're advertised, finding the plaintiff plausibly alleges the "grippy, not sticky" representations describing the product are misleading to consumers.

  • October 02, 2024

    DOJ Says Info Sharing Alone Can Violate Law In Pork Case

    The U.S. Department of Justice told the court overseeing a case accusing major pork producers of colluding to raise prices the exchange of competitively sensitive information, even in aggregated form, can violate the antitrust laws.

  • October 02, 2024

    Epic's Samsung, Google Cases Over Play Store Linked

    The judge mulling what changes Google will have to make after a jury found its Play Store policies violate antitrust law will also oversee a new case filed by Epic Games accusing Samsung of helping Google preemptively undermine any fix imposed by the court.

  • October 02, 2024

    Google Hit With Renewed Voice Assistant Antitrust Case

    Sensory Inc. has accused Google of illegally maintaining its monopolies over search and the advertising that appears alongside search results in part by blocking rival voice assistant products from running on Android and other devices.

  • October 02, 2024

    2nd Circ. Won't Nix Amazon Awards Against Chinese Sellers

    A pair of Chinese third-party sellers were unable to convince the Second Circuit to vacate arbitral awards favoring Amazon after the sellers allegedly bribed customers for positive reviews, with the appeals court rejecting their argument that the arbitrators manifestly disregarded the law.

  • October 02, 2024

    Schultz's Words To Starbucks Barista Are Illegal, NLRB Says

    Starbucks broke federal labor law when former CEO Howard Schultz told a pro-union worker they could "go work for another company" if they weren't happy at the coffee chain, the National Labor Relations Board concluded Wednesday, finding Schultz's "generic assurances against retaliation" didn't let the company off the hook.

  • October 02, 2024

    NY Judge Not Confused By Irish Butter Packaging

    The company behind the Kerrygold butter brand has failed to convince a federal judge in New York that consumers were confused by a smaller, newer Irish butter brand, per a ruling that called the businesses' respective packaging "markedly dissimilar."

  • October 02, 2024

    Fried Frank, DLA Piper Steer Commercial REIT's $251M Listing

    Shares of real estate investment trust FrontView began trading Wednesday after it priced a nearly $251 million initial public offering within its intended price range, with Fried Frank Harris Shriver & Jacobson LLP advising the company and DLA Piper serving as counsel for the underwriters.

  • October 02, 2024

    Paul Weiss-Led Altor Nabs Majority Stake In CCM Hockey

    Paul Weiss Rifkind Wharton & Garrison LLP-led Altor Equity Partners on Wednesday announced that its Altor Fund VI has nabbed a "significant majority" stake in hockey stick maker CCM Hockey.

  • October 02, 2024

    This Is L Can't Toss Tampon Misleading Labeling Suit

    A New York federal judge on Wednesday declined to toss a suit alleging that This Is L. Inc. misleads consumers by advertising its tampons as having no "chlorine bleaching, dyes or fragrances" when it includes a pigment.

Expert Analysis

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

    Author Photo

    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Opinion

    Portland's Gross Receipts Tax Oversteps City's Authority

    Author Photo

    Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.

  • IP Hot Topic: The Intersection Of Trademark And Antitrust Law

    Author Photo

    Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

    Author Photo

    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • Avoiding Retail Bankruptcy As Economic Uncertainty Persists

    Author Photo

    Amid record retail bankruptcies and continued economic uncertainty in 2024, retailers can take specific steps like building stronger cash-flow models, managing inventory wisely and reassessing cost structures to avoid financial distress, say consultants at BRG.

  • Navigating The Uncertain Landscape Of Solar Tariffs

    Author Photo

    Solar cell and module manufacturers, exporters and importers must navigate an uncertain compliance landscape, given ongoing challenges to U.S. Department of Commerce antidumping and countervailing duty determinations, which have been mounted both by U.S. and non-U.S. manufacturers, say attorneys at Morgan Lewis.

  • How Law Firms Can Avoid 'Collaboration Drag'

    Author Photo

    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • What BIPA Reform Law Means For Biometrics Litigation

    Author Photo

    A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

    Author Photo

    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Managing Credit Card Rewards Programs Amid Scrutiny

    Author Photo

    Renewed New York and federal interest in consumer protection issues associated with credit card rewards programs presages future regulatory enforcement and attention from plaintiffs attorneys, so issuers should focus on certain categories of consumer complaints and some compliance ambiguities, say Rich Zukowsky and Ella Beres at Davis Wright.

  • Comparing 5 Administrators' Mass Arbitration Procedures

    Author Photo

    Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

    Author Photo

    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

    Author Photo

    A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.

  • Replacing The Stigma Of Menopause With Law Firm Support

    Author Photo

    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

    Author Photo

    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Retail & E-Commerce archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!