Retail & E-Commerce

  • January 27, 2025

    CFPB Says Acima Can't Use 'Lease' Label To Exit Suit

    The Consumer Financial Protection Bureau urged a Utah federal court to not dismiss its predatory lending suit against Acima Leasing, arguing the fintech company and Rent-A-Center affiliate can't hide offering functional credit products by calling them rental purchases.

  • January 27, 2025

    Judge Refuses To Stop Amazon Data Suit In Ill. State Court

    A Delaware federal judge refused on Monday to block a lawsuit in Illinois state court accusing Amazon Web Services of illegally collecting voice data, saying the Illinois privacy case involves different claims and parties than the federal case, which was dismissed because some plaintiffs lacked standing.

  • January 27, 2025

    Party City Inks Deal To Sell IP, Assets In 2nd Ch. 11

    Bankrupt retailer Party City has reached a stalking horse agreement to sell its brand name, other intellectual property and related operating assets to an affiliate of the pop culture merchandiser Ad Populum LLC, which owns the brand behind Chia Pet and is an owner of the entertainment complex at Elvis Presley's home Graceland.

  • January 27, 2025

    DC, Council Aim To Stop Block On Pot Shop Closures

    The D.C. Council and other city government agencies are urging the D.C. federal court to deny bids from cannabis retailers for injunctions to block enforcement of city cannabis regulations that has resulted in closures of some of the plaintiff stores.

  • January 27, 2025

    Walmart Hit With False Ad Suit Over Instant Mac And Cheese

    Walmart Inc. was hit with a putative false advertising class action in California federal court by customers who say the retail giant falsely markets its Great Value brand of instant macaroni and cheese products as containing no artificial preservatives and flavors, despite citric acid being part of the ingredients list.

  • January 27, 2025

    'Guesswork' Dooms Class Cert. In Meta Privacy Antitrust Suit

    A California federal judge has refused to certify a class of consumers who say Meta would have to pay users for their data if it didn't lie about privacy safeguards, finding that the motion was undone by the opinions of an economist who cannot get from general economics to market reality.

  • January 27, 2025

    Multiple Cannabis Cos. Hit With THC Potency Class Actions

    A single litigant has filed two proposed consumer class actions in Illinois federal court against cannabis companies, alleging that their wares exceeded lawful levels of psychoactive THC.

  • January 27, 2025

    Arrested Atty Can't Sue Sheriff's Office Either, Pa. Judge Says

    A Pennsylvania federal judge on Monday dismissed the last of a group of Allegheny County government officials and entities named as defendants in a lawsuit filed by two brothers who claimed they were unlawfully detained when they failed to meet discovery deadlines in a separate case.

  • January 27, 2025

    Fla. Judge Won't Recuse Over 'Adverse Ruling' In CBD Row

    A Florida federal magistrate judge has refused to step down from a case where she recommended sanctioning an attorney representing a franchisee in a contract dispute with CBD American Shaman LLC, saying adverse rulings are not grounds for recusal.

  • January 27, 2025

    California's Oldest Indy Bookstore Gets Ch. 11 Lifeline

    A California bankruptcy judge on Monday gave the Golden State's oldest independent bookstore chain, Books Inc., approval on a raft of first-day motions to ease its navigation through a Chapter 11 case the company launched to address burdensome rent and lower profits in the wake of the COVID-19 pandemic.

  • January 27, 2025

    Pool Co. To Face Rival's Contempt Bid Over $16M Judgment

    A Chinese pool parts supplier will have to appear for a show cause hearing to address whether it should be held in contempt for allegedly funneling money out of the country to avoid paying a $16 million judgment, a North Carolina federal judge said Monday.

  • January 24, 2025

    Colgate Gets PTAB To Ax Travel Toothbrush Patent Claims

    The Patent Trial and Appeal Board has found that Colgate-Palmolive was able to show that all the challenged claims of a patent on a toothbrush preloaded with toothpaste are invalid as obvious based on earlier inventions.

  • January 24, 2025

    Justices To Clarify Article III Standing For Certified Classes

    The U.S. Supreme Court granted LabCorp's request on Friday to clarify federal law regarding whether district courts can certify class actions when some members of the proposed class may lack a cognizable injury in fact.

  • January 24, 2025

    Justices Urged To Review Souvenir Store's TM Fraud Case

    A Florida souvenir store chain has asked the U.S. Supreme Court to consider its challenge to a Second Circuit decision foreclosing its arguments that a bankrupt beachwear company fraudulently procured a trademark registration to secure a $3.5 million settlement in yearslong litigation between the competitors.

  • January 24, 2025

    Carvana's $1.5M Deal To End Conn. Consumer Suit Approved

    A Hartford state trial court judge has approved an agreed-upon $1.5 million judgment between Carvana LLC and the State of Connecticut, ending claims that the online car dealer delayed sending title documents to buyers, failed to advance timely payments to sellers and offered poor customer service.

  • January 24, 2025

    Agri Stats Demands Details On DOJ's Info-Sharing Claims

    Agri Stats has accused the U.S. Department of Justice of refusing to identify specific data fields in the company's reports that allegedly allowed chicken, pork and turkey producers to exchange competitively sensitive information, as it readies its defense in the agency's antitrust case.

  • January 24, 2025

    Opt-Out Releases Approved In Container Store Ch. 11 Plan

    A Texas bankruptcy judge on Friday approved a prepackaged Chapter 11 plan for The Container Store that includes opt-out releases in favor of nondebtors, saying the provisions don't run afoul of the Supreme Court's recent Purdue ruling or of Fifth Circuit precedent.

  • January 24, 2025

    Louisiana Urges Court To Toss New Challenge To Hemp Law

    Louisiana officials have renewed their push to defeat a federal lawsuit challenging the state's new hemp policy, which they said was not preempted by the federal law that legalized hemp nationwide.

  • January 24, 2025

    FDA's Premium Cigar Regulations Overturned By DC Circ.

    A D.C. Circuit panel ruled on Friday that the Food and Drug Administration acted arbitrarily when subjecting premium, hand-rolled cigars to the same regulations as other tobacco products, saying the agency was wrong to overlook two studies about infrequent premium cigar use.

  • January 24, 2025

    Philip Morris Settles Tobacco Liability Trial After Openings

    Philip Morris and a supermarket chain have reached a settlement with the family of a Massachusetts woman who died of lung cancer in 2022 after decades of smoking the company's Marlboro cigarettes, ending the case a day after trial began.

  • January 24, 2025

    Trump Treads Into Murky Waters With TikTok Gambit

    Nearly five years after he sought to kill the social media platform TikTok, President Donald Trump has opened his second term with a legally questionable bid to save it, cloaking the app's future in the U.S. market in even more uncertainty.

  • January 24, 2025

    Circle K Fails To Pay For Travel Costs, Manager Says

    Convenience store chain Circle K requires store managers to make trips to other locations to pick up out-of-stock items but doesn't reimburse them for the costs associated with this travel, a proposed class action filed in Illinois state court said.

  • January 23, 2025

    'Bad Spaniels' Toy Dilutes, Doesn't Infringe Jack Daniel's TM

    A "Bad Spaniels" dog toy parodying Jack Daniel's iconic whiskey bottle does not infringe trademark rights but does dilute the whiskey maker's trademarks and trade dress, an Arizona federal judge ruled Thursday, following the U.S. Supreme Court's ruling that the First Amendment does not shield the toy's maker.

  • January 23, 2025

    Marlboro Smoker Was Target Of Deception, Jury Hears

    Philip Morris targeted a Massachusetts preteen as a "replacement" customer for others who were dying of lung disease, a Springfield jury heard Thursday, though the company's lawyer said the woman had free will and knew enough to stop smoking.

  • January 23, 2025

    Vape Maker Seeks Exit From Suit Over Delta-9 THC Levels

    An Illinois-based vape maker urged a federal judge to toss a lawsuit accusing it of fraudulently passing off illicit Delta-9 products as legal Delta-8 ones, saying the suit lacks fundamental details, such as which products were purchased and what laboratory tested them.

Expert Analysis

  • 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.

  • 2nd Circ. American Girl Ruling Alters Test Purchase Norms

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    The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Cos. Face Increasing Risk From Environmental Citizen Suits

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    Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

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