Retail & E-Commerce

  • March 25, 2025

    Coupang Must Face Ex-In-House Atty's Whistleblower Suit

    A Washington federal judge on Tuesday said e-commerce retailer Coupang can't escape a whistleblower complaint brought by a former in-house attorney who alleges he was fired after bringing attention to alleged unlawful transactions with Iran in 2021.

  • March 25, 2025

    Amazon Slams 'Alternative Reading' Of ERISA In Worker Suit

    Amazon on Monday urged a Washington federal court to throw out a worker's proposed class action alleging that Amazon used abandoned retirement plan funds to offset its own contributions, arguing that the suit's "alternative reading" of the Employee Retirement Income Security Act "flies in the face of" the well-established practice.

  • March 25, 2025

    PTAB Leader Explains Denial Policy After Withdrawn Memo

    The Patent Trial and Appeal Board's chief judge has provided guidance to the board's other members on how to decide whether to use discretion to deny review of patents based on related litigation, after a previous memo on the issue was withdrawn last month.

  • March 25, 2025

    Mondelez, Ghost Beat Suit Over Candy-Flavored Energy Drink

    An Illinois federal judge has tossed out parents' claims that Mondelez and energy drink maker Ghost illegally deceive consumers into thinking Ghost's "Sour Patch Kids"-flavored beverages are suitable for children, saying no reasonable adult consumer would interpret the labels that way.

  • March 25, 2025

    Philly Beats Curfew Suit By Minority-Owned Liquor Stores

    A Pennsylvania federal judge dismissed, for now, a constitutional challenge by Asian American and Arab American business owners who alleged Philadelphia city officials unfairly targeted their shops with arbitrary late-night curfews and nuisance ordinances, ruling Monday they lacked standing since none of them received fines or were ordered to shut down.

  • March 25, 2025

    7-Eleven Defends Cautious Antitrust Approach To Deal Talks

    The parent company of 7-Eleven on Tuesday defended its wary approach to a proposed acquisition by Alimentation Couche-Tard Inc. saying it has legitimate concerns about the deal clearing U.S. antitrust enforcers.

  • March 25, 2025

    Privacy Statements OK By Pa. Wiretapping Law, Judge Says

    Websites that disclose third-party data collection in privacy statements that a "reasonably prudent person" could see do not violate Pennsylvania's laws against wiretapping, a federal judge has ruled, throwing out a long-running lawsuit that defendants claimed could have rendered many websites illegal.

  • March 25, 2025

    Court Tosses Suit Alleging NY Pot Regulations Are Biased

    A New York federal judge on Tuesday dismissed an action alleging that the Empire State's cannabis social equity licensure program discriminated against white men.

  • March 25, 2025

    No More C-Suite 'Deference' At FTC, Ferguson Says

    Federal Trade Commission Chairman Andrew Ferguson took aim Tuesday at previous antitrust enforcers' "hands off" approach, which he said worried too much about stifling Big Tech's momentum and innovation and not enough about the power that online platforms "wielded over our daily lives."

  • March 25, 2025

    Franchise Group Senior Lenders Sue Junior Creditors

    First-lien lenders of debtor Franchise Group Ltd. that are owed $1 billion have filed an adversary complaint in the retail chain operator's Chapter 11 case in Delaware, saying junior lenders owed more than $100 million are seeking to cash out secured collateral in violation of an intercreditor agreement.

  • March 25, 2025

    Va. Gov. Youngkin Blocks Recreational Cannabis Sales Again

    Glenn Youngkin, the Republican governor of Virginia, on Monday once again vetoed lawmaker-approved legislation that would have taxed and regulated the sale of adult-use cannabis.

  • March 25, 2025

    Baker Botts Atty Says Patent Exec Can't Prove Defamation

    A Baker Botts LLP lawyer is contending that a Florida federal court cannot side with a patent-licensing company executive on his defamation claim against the attorney over her comments in a news article about a patent suit against Starbucks, saying she didn't say anything false.

  • March 25, 2025

    No Easy Out In $5M Mich. Dispensary Flip-Flop Suit

    A Michigan federal court has refused to hand a win to either party in developer American 5 LLC's suit alleging a Michigan township improperly revoked its permit for a marijuana dispensary, finding that the parties hadn't resolved whether the permit was the developer's to begin with.

  • March 25, 2025

    DEA Seeks Exit From Hemp Group's Suit Over Raid

    Federal drug enforcers have asked a Texas federal judge to release them from a hemp industry trade group and retailer's lawsuit challenging the legality of a raid on a smoke shop, saying that the enforcement actions at issue were conducted by local authorities.

  • March 25, 2025

    Ariz. AG Warns Cops, Retailers About Illegal THC Sales

    Arizona's attorney general has sent letters to both retailers and law enforcement over the sale of THC products by unlicensed shops, clarifying that such sales are illegal and giving them a month to prepare for enforcement by the attorney general's office.

  • March 24, 2025

    Beyond Meat Sued On Allegations Broker Accessed User Data

    Plant-based meat substitute producer Beyond Meat Inc. has covertly teamed up with data broker Experian to track website visitors and sell their personal data "to the highest bidders" without their permission, according to a proposed class action filed in California federal court. 

  • March 24, 2025

    T-Mobile, Customers Push Dish For Docs In Sprint Merger Suit

    T-Mobile and the customers suing over its 2020 merger with Sprint are both asking an Illinois federal judge to force Dish to turn over discovery documents, with the plaintiffs claiming the documents are key to showing why Dish never became an effective competitor in the wireless market.

  • March 24, 2025

    Fed. Circ. Affirms Invalidity Finding In Tape Patent Fight

    The Federal Circuit on Monday backed a lower court's finding that a patent covering a type of marking tape was invalid as anticipated, while also mostly upholding a sanctions award that tape manufacturer ShieldMark secured in the case accusing it of infringement.

  • March 24, 2025

    Chancery Won't Restart Disputed Bitcoin ATMs For Now

    Delaware's Court of Chancery refused on Monday to order reactivation of dozens of bitcoin cryptocurrency ATM kiosks shut down by an Iowa grocery chain after that state's attorney general sued Bitcoin Depot and a similar operation for alleged scamming of users.

  • March 24, 2025

    Skechers Says Insurer Shirked Defense Of Nonslip Shoe Suit

    Skechers' insurer wrongfully refused to defend the shoe giant in a putative class action over slip-resistance problems with some of its shoes, Skechers told a California state court in seeking at least $750,000.

  • March 24, 2025

    Apple, Sony, Others Facing ITC Probes Over Imports

    The U.S. International Trade Commission has said it is launching a series of investigations into whether imports of products such as video game consoles, nose cleaning devices and semiconductors have infringed various U.S. patents.

  • March 24, 2025

    No $1M Placeholder In 'Black Widow' TM Feud, Judge Rules

    A Connecticut federal judge will not require a pest control company to post more than $1 million to cover potential damages in a trademark lawsuit over the name "Black Widow," which is also the subject of a paused cancellation proceeding before the U.S. Patent and Trademark Office.

  • March 24, 2025

    Neb. AG Sends 35 Cos. Cease Letters Over THC Sales

    The Nebraska attorney general has sent cease and desist letters to 104 retail locations in Omaha saying they are selling products with THC beyond the state's legal limits.

  • March 24, 2025

    'Powering' Algorithm Not Enough To Merit Price-Fixing Claim

    A California federal judge gave short shrift Friday to consumers' proposed class action price-fixing allegations against software provider SAS Institute Inc., which allegedly created a shared pricing algorithm that Hilton, Hyatt and other major chains used to fix and raise room rates nationwide.

  • March 24, 2025

    NYC Shops' Suit Over Pot Crackdown Tossed

    A New York federal judge has thrown out a suit by 27 businesses alleging that New York City violated due process by shutting some of them down as illegal cannabis operations, saying not only did the shops have the opportunity to be heard in an impartial hearing, but several of them were allowed to reopen following those hearings.

Expert Analysis

  • 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.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

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