Retail & E-Commerce

  • March 10, 2025

    Patent Exec Seeks Defamation Win Over Atty's Statements

    A patent-licensing company executive has asked a Florida federal court to rule in his favor on a defamation claim against a Baker Botts LLP attorney representing Starbucks in a Texas patent case and toss a counterclaim from the attorney, saying her abuse-of-process allegation "reads like a failed exercise in ontological gymnastics."

  • March 10, 2025

    Amazon Workers Want Partial Win In COVID Screenings Suit

    A class of Amazon employees urged a Pennsylvania federal court to partially grant them a win in their suit accusing the e-commerce giant of forcing workers to undergo unpaid COVID-19 screenings, saying the state's high court has already ruled that this time is compensable.

  • March 10, 2025

    Nonbinary Ex-Workers Ask To Intervene In Dropped EEOC Suit

    Two nonbinary former Lush Cosmetics workers asked a California judge to let them intervene in a U.S. Equal Employment Opportunity Commission suit claiming the business let a manager sexually harass them, after the agency dropped the case following an executive order from President Donald Trump.

  • March 07, 2025

    Photographer Sanctioned For Skipping Deposition In IP Case

    A federal judge in the Southern District of New York has issued sanctions over skipped depositions, among other conduct, by the plaintiff in a copyright lawsuit over a photo of actor Jonah Hill that appeared on a fashion retail website. 

  • March 07, 2025

    Trump DOJ Agrees: Google Must Sell Chrome Browser

    The Department of Justice on Friday reiterated to a D.C. federal judge that Google should have to divest the Chrome browser to give rival search engines a fighting chance against its illegal monopoly, but backed off its previous request that Google sell its investments in artificial intelligence companies.

  • March 07, 2025

    9th Circ. Open To Reviving Monsanto Expiration Label Fight

    A Ninth Circuit panel appeared open Friday to reviving a proposed class action over expiration dates on Monsanto's Roundup pesticides, but two judges were skeptical of claims against a distributor, which the distributor's counsel argued could open the floodgates of litigation.

  • March 07, 2025

    Starbucks Liable For Hot Drink Spill On Driver

    A unanimous California state jury has found Starbucks was negligent in the case of a driver who had scalding water spill in his lap, sending the case to a damages phase.

  • March 07, 2025

    FTC: Outlining World Sans Amazon Price-Floor 'Not Possible'

    The Federal Trade Commission told a Washington federal judge Friday that it can only offer pieces, and not the entire outline, of what an alternative world might look like without Amazon.com's allegedly monopolistic pricing floor created by penalties for sellers offering their goods more cheaply through other retailers.

  • March 07, 2025

    9th Circ. Critical Of Nordstrom Nixing $6.7M Order

    A Ninth Circuit judge doubted Nordstrom Inc.'s stance on Friday in a suit accusing it of using labor concerns as a false pretense to pull a $6.7 million menswear order, calling the department store chain's alleged oversupply of dress shirts at the time of the cancelation "the elephant in the room."

  • March 07, 2025

    Google Says Special Master Can't Make Ad Tech Trial Calls

    Google is opposing a bid in Texas federal court from state enforcers accusing the company of monopolizing key digital advertising technology to have a special master make decisions about what evidence will be admitted during trial.

  • March 07, 2025

    Goodyear Must Include Microplastic Proposal In Proxy

    The U.S. Securities and Exchange Commission has rejected Goodyear Tire & Rubber Co.'s bid to exclude from its annual proxy statement a shareholder proposal calling for goals and timelines related to reducing tire wear shedding and subsequent microplastic pollution.

  • March 07, 2025

    Wash. Judge Finds 'Alludo' TM Fight Best Left To A Jury

    A Washington federal judge has denied dueling summary judgment bids in an educational technology firm's trademark infringement lawsuit against the company behind the 1990s word-processing application WordPerfect, finding Thursday that genuine factual disputes remain over whether the defendant's alleged copying of the "Alludo" product name would likely cause confusion.

  • March 07, 2025

    Electronics Co. Owes $14M In Charger Patent Suit, Jury Finds

    A Delaware federal jury on Friday found Hong Kong electronics company Anker Innovations Co. infringed Texas company Fundamental Innovation Systems International LLC's patents with its USB charger products, saying Anker owes more than $13.6 million in damages.

  • March 07, 2025

    9th Circ. Probes Ax Of Trader Joe's IP Suit Against Union

    Ninth Circuit judges on Friday questioned a federal judge's decision to toss Trader Joe's trademark suit against a union selling merchandise with the grocers' name, with one saying it was "a little bit unusual" to have a determination about the likelihood of confusion decided at the motion to dismiss stage.

  • March 07, 2025

    Utah Court Affirms Walmart's Collective $52M Property Value

    A trio of Utah-based Walmart retail properties were correctly assessed at a collective $52 million for property tax, a Utah appeals court said, finding that a lower court didn't make any errors when valuing the three properties.

  • March 07, 2025

    Cosmetics Co. Sues Insurer Over Calif. Water Pollution Claims

    A cosmetics company facing water pollution claims told a California federal court its insurer denied coverage in bad faith, saying though the insurer agreed to defend a lawsuit from the California attorney general, the insurer still wrongly refused to reimburse costs from two prior, related suits that were ultimately rescinded.

  • March 07, 2025

    NY's Crackdown On Illicit Pot Is Unconstitutional, Club Says

    A self-described cannabis club has launched a legal challenge to New York policies aimed at combating unregulated marijuana sales, saying authorities' raids unconstitutionally shut down its businesses.

  • March 07, 2025

    Delivery Drivers Get Trimmed OT Suit Cleared For Trial

    A New Jersey federal judge refused Friday to allow a delivery provider to escape a class action accusing it of failing to pay delivery drivers overtime wages, but determined no reasonable jury could find that a discount retailer partner was the workers' employer.

  • March 07, 2025

    Sephora Must Face Retaliation Claims Over Hiring Practices

    Sephora can't escape a Latina former store manager's claims that she was fired for refusing to prioritize white job applicants, with a Georgia federal judge ruling Friday it would be premature to trim her lawsuit ahead of discovery.

  • March 07, 2025

    Tupperware Can Seek Votes For Post-Sale Liquidation Plan

    The estate of food storage company Tupperware Brands can solicit votes on its Chapter 11 liquidation plan, even as its creditors accused the debtor's latest plan of deviating from a prior agreement.

  • March 07, 2025

    Bed Bath & Beyond Investors Can't Move Judge On Class Cert.

    Bed Bath & Beyond shares did not trade on an efficient market during the class period, a Washington, D.C., federal judge confirmed again, refusing to reconsider his class certification denial in a suit from the now-bankrupt retailer's investors who alleged they were misled by company executives and a billionaire investor.

  • March 07, 2025

    Fed. Circ. Says Judge Misconstrued Term In Tactical Vest Row

    A Federal Circuit ruling on Friday reversed a finding from a Florida federal judge on constructing the phrase ​​"pull cord," reviving a fight over a patented system for making tactical vests easier to take off.

  • March 07, 2025

    LG Resolves Screen Display Patent Suit

    Bishop Display Tech LLC and LG Electronics have resolved a dispute over allegations that LG and its subsidiaries infringed several patents for liquid crystal screen displays, according to a filing in Texas federal court on Thursday.

  • March 07, 2025

    Budtenders Say Curaleaf's Tips Policy Violates Federal Law

    A proposed class of budtenders for Curaleaf Inc.'s Maryland dispensaries are suing the company, saying it violates the Fair Labor Standards Act with its policy of paying out tips to managers.

  • March 07, 2025

    Taxation With Representation: Kirkland, Wachtell, Skadden

    In this week's Taxation With Representation, Walgreens Boots Alliance goes private via a deal with Sycamore Partners, Honeywell buys Sundyne from Warburg Pincus, and Jazz Pharmaceuticals acquires Chimerix.

Expert Analysis

  • 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.

  • 2nd Circ. Provides NY Pathway For Fighting Foreign Infringers

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    A recent decision from the U.S. Court of Appeals for the Second Circuit provides a road map for expeditiously obtaining personal jurisdiction in New York against foreign trademark infringers based on a single purchase of counterfeit goods, meaning the Second Circuit could now be the preferred venue for combating foreign infringement, says Jeffrey Ratinoff at Spencer Fane.

  • Challenge To Ill. Card Fee Law Explores Compliance Hurdles

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    A recent federal lawsuit challenging an Illinois law that will soon forbid electronic payment networks from charging fees for processing the tax and tip portions of card transactions, fleshes out the glaring compliance challenges and exposure risks financial institutions must be ready to face next summer, says Martin Kiernan at Amundsen Davis.

  • Recent Securities Cases Highlight Risks In AI Disclosures

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    Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.

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