Retail & E-Commerce

  • April 17, 2025

    Sandberg Says FTC Market View Makes No Sense In Meta Case

    Meta Platforms' former longtime board member and Chief Operating Officer Sheryl Sandberg pushed back Thursday on crucial Federal Trade Commission arguments trying to shape the market the social media giant is accused of monopolizing, criticizing a friends and family definition the FTC is using to exclude TikTok as a competitor.

  • April 17, 2025

    DC Circ. Says Lateness Doomed Starbucks' NLRB Challenge

    The National Labor Relations Board was not obligated to accommodate Starbucks after its attorney filed a challenge to a board judge's ruling 23 minutes late, the D.C. Circuit ruled Thursday, holding that the board did not abuse its discretion by refusing to process the challenge.

  • April 17, 2025

    Wash. Justices Back Consumers In Old Navy Spam Email Suit

    Washington's highest court said in a 5-4 ruling Thursday that the state's spam law bars commercial emails that include any false information in their subject lines, endorsing two consumers' broader interpretation of the statute in a proposed class action against Old Navy.

  • April 17, 2025

    Ibotta Misrepresented Kroger Deal, Shareholder Suit Alleges

    Digital consumer discount company Ibotta Inc. was hit with a proposed shareholder class action claiming its registration statement for its April 2024 initial public offering omitted information regarding the nature of its relationship with grocery retailer The Kroger Co., prompting stocks to plummet when investors learned the relationship had ended.

  • April 17, 2025

    ITC Blocks Chinese Co.'s Plastics Tech Over Patent Dispute

    The U.S. International Trade Commission issued a limited order barring a Chinese company from importing parts used in molding machines that make plastic bottles, following an infringement case from a Canadian rival — though the trade agency split in its decision not to issue a cease-and-desist order targeting imported parts that already made it into the U.S. 

  • April 17, 2025

    9th Circ. Tosses Objections To $10.4M CVS Wage Settlement

    A pharmacist's objections to a $10.4 million settlement of a wage and hour class action affecting 24,000 CVS employees hold no weight, a Ninth Circuit panel found, ruling Thursday that a California federal judge adequately considered the merits of each objection before tossing them.

  • April 17, 2025

    Pot Cos. Can't Get Block On Mich. City Licensing Fees

    A Michigan federal judge won't block the enforcement of cannabis licensing fees by the city of Grand Rapids, finding the companies objecting to the fees haven't shown they face irreparable harm without an injunction.

  • April 17, 2025

    Fla. 'King Of Vape' Brings Defamation Suit Against NY Post

    A Florida retail store owner who operates under the name "The King of Vape" brought a federal defamation lawsuit against News Corp., saying the New York Post ran a recent story falsely describing him as an anti-Israel advocate and terrorist supporter who was recently sued for selling illicit e-cigarettes.

  • April 17, 2025

    'Moonshine' Fudge Maker Must Pay Fees For Failed IP Claims

    The maker of "Chocolate Moonshine" fudge may have won a trade secrets case against his ex-wife and her new chocolate company, but he must pay the defendants more than $174,000 in attorney fees and costs for his unsuccessful trademark and copyright infringement claims.

  • April 17, 2025

    Sacramento Says Dormant Commerce Doesn't Apply To Pot

    The city of Sacramento told the Ninth Circuit on Wednesday that a federal district judge was correct to toss a constitutional challenge to the city's cannabis licensure program, saying the dormant commerce clause does not apply to a federally illegal industry.

  • April 17, 2025

    Judge Rules Google Monopolized Ad Tech In 2nd Win For DOJ

    A Virginia federal judge on Thursday handed the U.S. Department of Justice Antitrust Division its second seminal win against Google, ruling that the search giant has illegally monopolized markets for display advertising placement technology.

  • April 17, 2025

    Chinese Tea Chain Prices $411M US IPO Amid Trade Tension

    Chinese teahouse company Chagee Holdings Ltd., represented by Davis Polk & Wardwell LLP and underwriters' counsel Cleary Gottlieb Steen & Hamilton LLP, on Thursday priced a $411 million initial public offering at the top of its range despite U.S.-China trade tensions.

  • April 16, 2025

    Zuckerberg Calls TikTok Meta's 'Highest Competitive Threat'

    Meta Platforms Inc. CEO Mark Zuckerberg pushed back Wednesday on Federal Trade Commission efforts to cabin the company's allegedly monopolistic social media dominance into a market that excludes TikTok and YouTube, telling a D.C. federal judge video has become the new predominant form of social media interaction.

  • April 16, 2025

    AlmondNet Sues Amazon Again After $136M Ad IP Victory

    AlmondNet Inc. is aiming to expand on the $136 million it already won against Amazon for patent infringement with a new suit in Texas federal court accusing the technology giant of infringing another patent tied to directing television advertisements.

  • April 16, 2025

    Carvana Stockholders Urge Revival Of Insider Trading Suit

    Stockholder attorneys who saw unjust enrichment and fiduciary breach claims against Carvana Inc.'s directors, officers and controller scuttled in Delaware's Court of Chancery last year urged the state's justices Wednesday to revive claims against its controller, who allegedly relied on inside information while selling $3.7 billion of shares.

  • April 16, 2025

    Musk Rips Calif. AG Decision To Not Join Suit Against OpenAI

    Elon Musk blasted a California attorney general's office decision declining to join his federal lawsuit against OpenAI, saying in a Tuesday filing the decision appears to "misapprehend" the complaint and its derivative claims and "mischaracterizes or misunderstands" the consortium of investors he's assembled to bid on OpenAI Inc.'s assets.

  • April 16, 2025

    Airport Shops' $6.9M Data Breach Deal Cleared For Landing

    A Georgia federal judge has given preliminary approval to a nearly $6.9 million settlement that would end a suit between airport retailer Paradies Shops and a proposed class of employees who claim their data was compromised in a 2020 ransomware attack.

  • April 16, 2025

    Napster Owner Infinite Reality Adds AI Power With $500M Deal

    Gibson Dunn-advised Infinite Reality said Wednesday it will acquire AI firm Touchcast for $500 million, as the company seeks more AI power to deepen user engagement across a growing digital platform portfolio that includes a rebooted Napster.

  • April 16, 2025

    Consumer-Focused SPAC Details $150M IPO Plans

    Blank check company Vendome Acquisition Corp. I has filed plans to raise up to $150 million in an initial public offering with the goal of acquiring a business in the consumer sector.

  • April 15, 2025

    Shrinking Crocs Case 'Deja Vu' For Judge Asked Again To Ax

    A California federal judge asked by Crocs to toss a proposed false advertising class action claiming the footwear maker's plastic shoes shrink after exposure to heat said at a Tuesday hearing it feels like "Groundhog Day," since she recently denied class certification in a related case making similar claims.

  • April 15, 2025

    Zuckerberg Calls Buying Rival, Building Co. Two Sides Of 1 Coin

    Meta Platforms CEO Mark Zuckerberg tried Tuesday to distance himself from internal documents describing Instagram and WhatsApp as competitive threats, pushing back on Federal Trade Commission monopolization claims by arguing in D.C. federal court that the owner of Facebook was always focused on improvements to itself and the acquisitions.

  • April 15, 2025

    Chase Says Fla. Biz Playing Games With NY 'Debanking' Suit

    JPMorgan Chase Bank NA wants a case accusing it of "debanking" a Florida company sent to the Sunshine State, arguing that it has already won at least one nearly identical suit there and that the company's attempt to bring the current action in New York is a transparent attempt at forum shopping.

  • April 15, 2025

    7th Circ. Judge Skeptical Amazon Violated Labor Law

    A Seventh Circuit judge on Tuesday pushed a National Labor Relations Board attorney to address why it was a violation of federal labor law for Amazon to tell employees that it can make exceptions to a policy limiting their off-duty access to a Kentucky facility at any time, "when the legal right exists whether the workers are told or not."

  • April 15, 2025

    Ex-AutoZone CEO Beats Investor's 'Short Swing' Profits Suit

    AutoZone's former CEO has beaten an investor's suit accusing him of making $1 million in short-swing profits trading in the company shares at the expense of the company, with the judge ruling the transactions were exempt from certain insider trading rules.

  • April 15, 2025

    Expeditors' IT Shutdown Suit Nudged Toward Mediation

    A Washington federal judge said Tuesday a sporting gear company's cybersecurity claims against a logistics contractor will likely survive, but suggested the parties try mediation instead of going straight to trial because it will be "next to impossible" for jurors to set aside their preconceived notions about the internet.

Expert Analysis

  • Home Depot Ruling Tolls Death Knell For 'Silent Cyber'

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    The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Filial Consortium Claims' Future After Conn. High Court Ruling

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    While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.

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    In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Measuring And Mitigating Harm From Discriminatory Taxes

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    In response to new tariffs and other recent "America First Trade Policy" pronouncements, corporations should assess and take steps to minimize their potential exposure to discriminatory and reciprocal tax measures that are likely to come, say economists at Charles River Associates.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q1

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    Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.

  • An Update On IPR Issue Preclusion In District Court Litigation

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    Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.

  • HHS Directive Could Overhaul Food Ingredient Safety Rules

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    If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

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