Retail & E-Commerce

  • March 28, 2025

    Fashion Groups Urge Justices To Hear Discovery Rule Fight

    Fashion trade associations have thrown their support behind a shoe designer who wants the U.S. Supreme Court to review her appeal of a Second Circuit decision reviving a photography studio's copyright infringement suit, saying there needs to be more predictability in copyright law.

  • March 28, 2025

    Walgreens Can't Trim Agent's Overtime Lawsuit

    Walgreens cannot escape breach of contract and unjust enrichment claims in an agent's suit alleging unpaid off-the-clock work, an Illinois federal judge ruled, saying that the worker claimed the company agreed to pay for that time.

  • March 28, 2025

    Kroger, Albertsons Appeal Block Of $24.6B Merger

    Kroger and Albertsons say they plan to appeal a Washington state judge's ruling that blocked the $24.6 billion merger of the grocery chains and determined the state could collect legal costs for prevailing in its Consumer Protection Act suit opposing the deal.

  • March 28, 2025

    Gordon Rees Adds Experienced IP Litigator Outside DC

    An experienced intellectual property attorney has made the move to Gordon Rees Scully Mansukhani LLP in northern Virginia after a stint as a solo practitioner.

  • March 28, 2025

    Taxation With Representation: Norton Rose, Latham, Ashurst

    In this week's Taxation With Representation, Dollar Tree sells its Family Dollar business to private equity firms, eye care company Alcon buys medical technology company Lensar and Ithaca Energy PLC buys the U.K. subsidiary of Japan Petroleum Exploration Co. Ltd.

  • March 27, 2025

    FTC Seeks Amazon Execs' Financials For Prime Renewal Suit

    The Federal Trade Commission urged a Washington federal court to make several Amazon executives hand over an accounting of their assets and liabilities, saying the financial information was essential for determining civil penalties in its lawsuit accusing the e-commerce giant of trapping consumers into renewing Prime subscriptions.

  • March 27, 2025

    Chase Sued Over Alleged Political 'Debanking' Of Fla. Biz

    A Florida company alleged in a suit on Thursday that JPMorgan Chase Bank is unlawfully blocking payments the company is trying to make to a manufacturer based on "wholly unsubstantiated and false" claims that the company's leader has Russian mafia ties and participated in interference of the 2016 presidential election.

  • March 27, 2025

    9th Circ. Revives Monsanto Roundup Expiration Label Fight

    Consumers can pursue their proposed class claims against Monsanto that ingredients in its Roundup herbicides could form a dangerous cancer-causing substance, but not against a distributor, the Ninth Circuit ruled Thursday.

  • March 27, 2025

    Shade Store Customers Seek Class Cert. In Deceptive Ad Suit

    A pair of Washington residents are seeking to certify a class of thousands of consumers in a case alleging The Shade Store violated Washington's consumer protection law with fake buy-now ads.

  • March 27, 2025

    Fed. Circ. Orders New Trial In Roland Drum Kit Patent Dispute

    The Federal Circuit says a jury in Miami will have to take another look at a nearly decadelong fight over electric drumming patents, deciding on Thursday to wipe out the entirety of a $4.6 million verdict ​​the Japanese audio tech giant Roland Corp. won against a U.S.-based rival.

  • March 27, 2025

    Chamber Asks Justices To Review Duke Energy Monopoly Suit

    The U.S. Chamber of Commerce urged the U.S. Supreme Court on Thursday to review a decision that revived a case accusing Duke Energy of squeezing a rival out of the market in North Carolina, saying the appeals court was wrong to recognize a "Frankenstein's monster" theory of harm.

  • March 27, 2025

    Fla. Judge OKs FTC To Unfreeze Assets In E-Commerce Suit

    A Florida federal judge authorized the Federal Trade Commission to unfreeze bank accounts controlled by an Ohio man accused of defrauding e-commerce platform users out of $14 million provided he gives certain financial disclosures, but kept a temporary restraining order precluding business operations in place for now.

  • March 27, 2025

    Target Settles Antitrust Claims Against Visa Over Swipe Fees

    Target Corp. and Visa have settled a yearslong antitrust dispute accusing the card company of being part of an illegal anticompetitive scheme that forced merchants to pay excessive fees when customers pay with credit or debit cards, according to a stipulation filed Thursday in New York federal court.

  • March 27, 2025

    Google, Apple Staff Want Out Of Testifying In FTC-Meta Case

    Current and former employees of Google, Apple, TikTok, X Corp., Snap and Epic Games asked a D.C. federal judge Wednesday to quash subpoenas seeking their live testimony in the Federal Trade Commission's upcoming antitrust trial against Meta Platforms, arguing their taped depositions make the burden of testifying unnecessary.

  • March 27, 2025

    German Paper Co. Can't Dodge $268M Duty Evasion Suit

    A German paper producer once again failed to escape nearly $270 million in unpaid duties and interest Thursday when the U.S. Court of International Trade ruled that the company's various corporate mutations do not remove it from the jurisdiction of U.S. courts.

  • March 27, 2025

    WordPerfect Software Co. Settles 'Alludo' TM Suit In Wash.

    The company behind the 1990s word-processing application WordPerfect has settled a Washington-based education technology firm's lawsuit accusing it of stealing a trademarked name for a 2022 revamp, ending the case ahead of an early April trial date in Seattle federal court.

  • March 27, 2025

    FCC Ready To Explore Earth-Based Backstop For GPS

    The Federal Communications Commission on Thursday started looking into methods of backing up the satellite-based Global Positioning System, which national security experts say is vulnerable to foreign attacks and signal interference in space.

  • March 27, 2025

    Nu Skin Can't Avoid Distributor Dispute In Wash. Court

    The Washington Supreme Court said Thursday that Nu Skin Enterprises Inc. can't jettison a case in Washington state court and force product distributors to go to Utah to settle claims that the multilevel marketing company violated a Washington law against pyramid schemes, in a question that had split lower appellate courts.

  • March 27, 2025

    Costco Settles Listeria-Contaminated Chicken Wrap Claims

    Costco Wholesale Corp. has settled a putative class action brought by a Florida man who claimed he ate a chicken wrap contaminated with listeria from one of its stores and had to be hospitalized.

  • March 27, 2025

    CFPB Says It Will Scrap Buy Now, Pay Later Policy

    The Consumer Financial Protection Bureau will withdraw guidance that asserted buy-now, pay-later products were subject to some of the same federal safeguards as traditional credit cards, the regulator said in a court filing in a suit challenging the interpretive rule.

  • March 27, 2025

    Minn. Pot Regulators Submit Proposed Rules For Retail Sale

    The Minnesota Office of Cannabis Management, or OCM, has submitted draft rules for the retail sale of adult-use cannabis products to an administrative law judge for final approval.

  • March 27, 2025

    Guo Trustee Settles Clawbacks From Versace, Firms

    The Chapter 11 trustee handling convicted Chinese exile Miles Guo's estate has asked a Connecticut bankruptcy judge to approve 10 clawback settlements with Hodgson Russ LLP, BakerHostetler, luxury retailer Versace and others, ending claims totaling $8.6 million but keeping the terms under wraps for six months.

  • March 27, 2025

    Curaleaf Units Slam Pot Farm's Sanctions Bid In $32M Suit

    Two Curaleaf units are pushing back on a Michigan farm's bid for sanctions following a $32 million verdict in its favor, saying the farm is the party dragging proceedings out by seeking sanctions over a disagreement on the law.

  • March 27, 2025

    Gastropub Chain Bar Louie Hits Second Chapter 11 In 5 Years

    Texas-based gastropub chain Bar Louie filed for Chapter 11 protection in Delaware, listing nearly $70 million of debt, about five years after the chain sold itself to creditors in a previous bankruptcy.

  • March 26, 2025

    Sotomayor Urges Caution On Nondelegation Doctrine Revamp

    U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.

Expert Analysis

  • 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.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • Retailers Must Adapt As Courts Shift On False Price Claims

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    The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

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