Retail & E-Commerce

  • February 06, 2025

    Ex-Worker Hits Pot Giant Cresco With Wrongful Firing Suit

    A former kitchen agent for Cresco Labs LLC is suing the cannabis giant in Illinois federal court, alleging she was wrongly fired after a workplace injury and was not afforded time off as required under the Family and Medical Leave Act.

  • February 06, 2025

    Pot Co. Jushi Can't End Rival Shop's Antitrust Claims

    Cannabis distributor Jushi Holdings could plausibly be shown to have taken advantage of a Massachusetts town's retail marijuana permitting process and conspired with the sellers of a shop it purchased in 2021 to block a competitor from opening nearby, a Massachusetts federal judge ruled.

  • February 06, 2025

    Judge Tosses Heat-Wicking Patent Suit Against Columbia

    A Colorado federal judge has issued a final judgment siding with Columbia Sportswear Co. in textile manufacturer Cocona Inc.'s case accusing Columbia of infringing a patent for heat-wicking technology.

  • February 06, 2025

    2nd Circ. Clears Up 'Blurry' Trade Dress Standard

    The Second Circuit on Thursday revived a dispute between motorcycle helmet designers as it clarified a key legal standard in trade dress infringement cases.

  • February 06, 2025

    Meta Eyes Texas Skies, Another Crypto IPO, And More Rumors

    Facebook owner Meta Platforms Inc. is considering relocating its legal residence to Texas, while cryptocurrency exchange Bullish is moving forward on an initial public offering, and Unilever PLC is eyeing New York as a listing destination for its ice cream business.

  • February 06, 2025

    Mobility Scooter Co. Gets Nod For $2.1M Deal In ESOP Fight

    A Pennsylvania federal judge gave initial approval to a $2.1 million deal Thursday that would resolve a class action claiming a mobility scooter company invested funds from its employee stock ownership plan into dismally performing Treasury bills and cash equivalents.

  • February 06, 2025

    Mich. Man's Challenge To LA Pot Social Equity Program Axed

    A California federal judge has dismissed with prejudice a Michigan man's suit challenging Los Angeles' social-equity cannabis-licensing scheme, finding he can't claim the program is unconstitutional because the dormant commerce clause does not apply to the federally illegal interstate cannabis market.

  • February 05, 2025

    Tillis Takes Over Senate IP Subcommittee Again

    Sen. Thom Tillis, R-N.C., will again lead the U.S. Senate subcommittee overseeing intellectual property, while Sen. Adam Schiff of California will be debuting as the subcommittee's top Democrat.

  • February 05, 2025

    House Republicans Target CFPB's Small-Biz Rule For Repeal

    House Republicans at a Wednesday hearing sought to build momentum for reversing the Consumer Financial Protection Bureau's small-business loan data rule, casting it as harmful to smaller banks while Democrats argued the real danger is the Trump administration itself.

  • February 05, 2025

    Justices Asked If Fact Dispute Bars Patent Eligibility Rulings

    The Federal Circuit has made a habit of taking fact disputes into its own hands in patent cases instead of leaving those questions to a jury, and a company that recently lost its patent suit against Amazon is hoping the U.S. Supreme Court will take up its case.

  • February 05, 2025

    Party City Reaches Interim Deal On Unpaid Rent

    Party City received court approval Wednesday to continue using cash collateral as the bankrupt retailer continues to liquidate its assets, after agreeing to a deal with its unsecured creditors committee and several landlords who had objected to the request.

  • February 05, 2025

    US Trustee Objects To Releases In True Value Ch. 11 Plan

    The U.S. Trustee's Office Tuesday asked a Delaware bankruptcy judge to reject the opt-out third-party releases in True Value Co.'s proposed Chapter 11 plan.

  • February 05, 2025

    Chicago's Climate Suit Belongs In Federal Court, Judge Hears

    The city of Chicago should not be allowed to take environmental deception claims against the nation's largest oil producers back to state court because the city's suit targets conduct performed largely for the federal government, a judge heard during a Wednesday hearing.

  • February 05, 2025

    Fake Biggie Photo, Merch At Center Of New Ill. Suit

    The estate of the Notorious B.I.G. hit Target, Home Depot, Nordstrom and others with a lawsuit Tuesday in Illinois federal court, claiming they infringed the late rapper's trademarks by selling art bearing his image and likeness, including canvas prints of an iconic portrait captured three days before his 1997 murder.

  • February 05, 2025

    Nixon Peabody Taps Ex-Faegre Drinker Environmental Atty

    Nixon Peabody LLP hired a former Faegre Drinker Biddle & Reath LLP environmental attorney for the firm's New York City office.

  • February 05, 2025

    Judge Found 'Vertical' Mattress Deal Won't Hurt Competition

    U.S. District Judge Charles Eskridge rejected the Federal Trade Commission's bid to pause Tempur Sealy's planned $5 billion purchase of Mattress Firm after finding a merger of the mattress supplier and retail chain would likely increase competition, if it has any impact at all.

  • February 05, 2025

    6th Circ. Won't Revisit Home Depot Data Breach Coverage Suit

    The Sixth Circuit refused Wednesday to review its January finding that an electronic data exclusion in Home Depot's commercial general liability policies barred coverage for the retail giant's $50 million claim for defense and settlement costs over a 2014 data breach.

  • February 05, 2025

    Chancery Tosses Challenge To $1.1B Smart & Final Sale

    Writing that nothing in a "grab bag" of stockholder claims amounted to disclosure failures, Delaware's chancellor dismissed a suit challenging the $1.1 billion April 2019 sale of Smart & Final Stores Inc. — formerly controlled by funds of Ares Management Corp. — to interests of Apollo Global Management.

  • February 04, 2025

    Del. Judge Tells Fuel Cell Co. Investors To Filter Imprecise Suit

    A Delaware federal judge on Tuesday ruled that investors of hydrogen fuel cell company Plug Power Inc. must submit more particular details to support their allegation that shareholders were damaged by the company's failure to disclose production challenges, saying it is not the court's responsibility to filter out evidence.

  • February 04, 2025

    JBS Inks $83.5M Deal Over Ranchers' Beef Price-Fixing Claims

    One of the nation's biggest meat producers has reached an $83.5 million deal to end claims it conspired with others in the industry to suppress the price ranchers are paid for raising feeder cattle.

  • February 04, 2025

    Whirlpool Sinks Customer's Suit Over Service Plan Repair

    A Washington federal judge has tossed a customer's proposed class action over a dishwasher warranty for good, finding no "reasonable consumer" would have been misled to believe the terms covered the full cost of any repair given the "caveats" on marketing materials.

  • February 04, 2025

    Amazon Wants Drivers Locked Out Of Collective Wage Suit

    Amazon is asking a Washington federal judge to oust nearly a dozen plaintiffs from a collective action accusing the e-commerce giant of misclassifying Amazon Flex delivery drivers as independent contractors, claiming the individuals failed to comply with a court-ordered discovery deadline last month.  

  • February 04, 2025

    Google Gets OkCaller's 'Incoherent' Antitrust Claims Tossed

    A Florida federal judge on Tuesday tossed for good antitrust claims from the company behind reverse phone number lookup website OkCaller.com, saying the newly amended suit does not rectify the previous problems, or if it does, the court cannot decipher the "incoherent" arguments. 

  • February 04, 2025

    Calif. Women Drops Bindle Bottle Suit Over Lead

    A maker of water bottles will not have to face an Oakland woman's lawsuit accusing it of selling products with high levels of lead after a California federal judge approved a request by both sides to permanently dismiss her claims.

  • February 04, 2025

    Del. Justices Nix Fairness Ruling In TripAdvisor Nevada Move

    Citing in part aversion to "speculative litigation," Delaware's Supreme Court on Tuesday reversed a ruling that kept in play potential stockholder damage claims in connection with the proposed reincorporation in Nevada of TripAdvisor and its parent, finding that business judgment deference should govern the court challenge.

Expert Analysis

  • Antitrust Issues To Watch Amid Google Ad Tech Trial

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    Regardless of the outcome of the U.S. Department of Justice's advertising technology antitrust suit against Google in Virginia federal court, matters ranging from market definition to unified pricing will likely have far-reaching implications for the digital advertising industry, competition and innovation, say attorneys at Holland & Knight.

  • What To Know About Latest Calif. Auto-Renewal Law Update

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    While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.

  • How Lucia, Jarkesy Could Affect Grocery Merger Challenge

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    While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.

  • How To Avoid Liability When Using Cookie Consent Managers

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    As companies attempt to comply with consumer protection laws by implementing cookie consent managers on their websites, they must be wary of separate legal risks that can stem from implementing or using these tools incorrectly, says Ian Cohen at LOKKER.

  • Basel Endgame Rules: A Change Is Coming

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    The Federal Reserve Board's recently announced recalibration of the Basel endgame proposal begins a critical chapter in the evolution of not only the safety and soundness of U.S. banks, but also of banks' abilities to lend and support American businesses and consumers, say attorneys at Davis Wright.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • How Labeling And Testing May Help Reduce PFAS Litigation

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    As regulators take steps to reduce consumers’ exposure to per- and polyfluoroalkyl substances, also known as forever chemicals, companies can take a proactive approach to mitigating litigation risks not only by labeling their products transparently, but also by complying with testing and marketing standards, says Sarah La Pearl at Segal McCambridge.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • Commerce Proposal Could Ease Trade Remedy Administration

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    Recently proposed international trade enforcement regulations could help the U.S. Department of Commerce more easily administer antidumping and countervailing duty remedies, in turn maximizing relief to American companies adversely affected by unfair trade, says Natan Tubman at Buchanan Ingersoll.

  • Rise Of Transpo Contractors Brings Insurance Disputes

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    As more independent contractors are contracted and subcontracted in the delivery industry, companies must be prepared to defend claims from drivers who are injured on the job as they are often seeking to establish an employment relationship with one of the entities in the chain, says Nathan Milner at Goldberg Segalla.

  • 'Greenhushing': Why Some Cos. Are Keeping Quiet On ESG

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    A wave of ESG-related litigation and regulations have led some companies to retreat altogether from any public statements about their ESG goals, a trend known as "greenhushing" that was at the center of a recent D.C. court decision involving Coca-Cola, say Gonzalo Mon and Katie Rogers at Kelley Drye.

  • Co-Tenancy Clause Pointers For Shopping Center Landlords

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    Large retail tenants often require co-tenancy provisions in their leases, entitling them to remedies if a shopping center's occupancy drops in certain ways, but landlords must draft these provisions carefully to avoid giving tenants too much control, says Gary Glick at Cox Castle.

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