Retail & E-Commerce

  • 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.

  • March 19, 2025

    Law360 Announces The Members Of Its 2025 Editorial Boards

    Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.

  • March 18, 2025

    Quaker Oats Beats Pesticide Suit As Judge Cites EPA Limits

    An Illinois federal judge threw out a putative class action Tuesday accusing Quaker Oats Co. of misleadingly marketing its products as healthy despite the presence of pesticides, saying the chemical levels identified in the case are far below the limits set by the U.S. Environmental Protection Agency.

  • March 18, 2025

    Amazon Asks To Claw Back Docs In Consumer Antitrust Suits

    Amazon has asked a Washington federal court to allow it to claw back three documents it has deemed as privileged from consumers in a trio of proposed antitrust class actions, saying that the plaintiffs are refusing to return or destroy them after quoting them in their motion for class certification.

  • March 18, 2025

    PVC Pipe Giant's Top Brass Sued For Hiding Price-Fix Scheme

    PVC pipe maker Atkore Inc.'s top executives and board members were hit with derivative claims Tuesday for allegedly shielding the company's participation in a pandemic-era price-fixing scheme, just days after investors sued the company and three executives for the same alleged conduct.

  • March 18, 2025

    J&J Denies 'Evil Motive' In Face Of $30M Talc Damages

    Johnson & Johnson did not act with the kind of "evil motive" that would justify a $30 million punitive damages award to a Connecticut man who won a lawsuit alleging its talc products caused his lung cancer, the company argued Tuesday in state court.

  • March 18, 2025

    Vans Facility Subjected Employees To Extreme Heat, Suit Says

    A former Vans sneaker distribution center in Southern California made employees work in unventilated rooms that would reach over 100 degrees, an employee who worked at the facility for 16 years has alleged in a new lawsuit filed in California state court.

Expert Analysis

  • NY Plastic Pollution Verdict May Not Bode Well For Other Suits

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    The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.

  • Preparing For Mexican Drug Cartels' Terrorist Designation

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    In the event President-elect Donald Trump designates Mexican drug cartels as foreign terrorist organizations, businesses will need to consider how their particular industry is affected and evaluate previously legitimate practices given the cartels' involvement so many sectors of the economy, say attorneys at King & Spalding.

  • Penn State Brand Case Leaves Ornamentality Unresolved

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    While the recent jury verdict in Penn State University v. Vintage Brand was a win for the college and brands, legal practitioners should expect plenty of litigation around unaddressed ornamentality issues of whether marks that are not yet incontestable can be canceled for being used solely in decorative, non-source-identifying ways, say attorneys at Debevoise.

  • Series

    Illinois Banking Brief: All The Notable Legal Updates In Q4

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    While the last quarter of 2024 didn't bring any notable state financial legislation, Illinois banks did see developments in the challenge to the Interchange Fee Prohibition Act, and received some awaited guidance on credit line disclosures and bank-fintech relationships, say attorneys at Dykema.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • How Trump 2.0 May Change Business In Latin America

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    Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • When Judging Product Label Claims, Follow The Asterisk

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    A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.

  • Complying With Seasonal Product Labeling Requirements

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    Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.

  • 2 Cases May Enlighten UK Funds' Securities Litigation Path

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    Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • How To Manage During A Trade Dispute With USMCA Partners

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    Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.

  • 3 Factors Affecting Retail M&A Deals In 2025

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    Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Searching For Insight On Requested Google Chrome Remedy

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    The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.

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