Retail & E-Commerce

  • March 20, 2025

    Industry Groups Criticize Withdrawal Of PTAB Denial Memo

    Groups representing major industries have written to the White House expressing "grave concern" about the patent office's withdrawal of a guidance memo limiting when patent challenges can be denied, and large tech companies told a court the office's move bolsters their case against such denials.

  • March 20, 2025

    Class In Bayer 'One A Day' Gummies Lawsuit Gets Judge's OK

    A New York federal judge on Wednesday certified a class of consumers who allege that the labeling on Bayer's "One A Day" vitamin gummies is misleading, finding that an expert's survey found that the consumers found that it was so.

  • March 20, 2025

    State AGs Want 11th Circ. Redo Of FCC Robocall Reg Ruling

    Attorneys general from more than half the states and Washington, D.C., are urging the full Eleventh Circuit to reverse a panel decision that nixed a federal rule restricting the use of comparison shopping sites to generate robocall leads.

  • March 20, 2025

    Walgreens Can't Dodge Wash. Law In 'Non-Drowsy' Label Suit

    The Washington Supreme Court said Thursday that Walgreens could not avoid claims under the state's consumer protection law alleging its "non-drowsy" cough medicine label was deceptive, rejecting the retailer's contention that the law's safe harbor provision shielded it from a proposed class action in Illinois federal court.

  • March 20, 2025

    Texas Senators Approve Bill Banning THC Consumables

    The Texas state Senate has approved a bill that would broadly ban consumable products with hemp-derived cannabinoids, such as delta-8 THC, sending the legislation to the state House of Representatives.

  • March 20, 2025

    Samsung's Phone Screen Patent Case Dies At ITC

    Samsung has failed to convince the U.S. International Trade Commission to second-guess an administrative law judge who decided last year that the smartphone giant could not bring a patent case at the agency against a major Chinese rival that makes replacement screens for smartphones.

  • 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.

Expert Analysis

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Planning For Cyber Incident Reporting Requirements In Sports

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    Attorneys at Wiley discuss the proposed rules under the Cybersecurity Incident Reporting for Critical Infrastructure Act that would impose extensive reporting requirements on professional and collegiate athletic organizations, universities and sports venues, including defining a covered entity and analyzing the types of events that would trigger reporting.

  • Fed. Circ. Ruling May Signal Software Patent Landscape Shift

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    The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.

  • FDIC Guidance Puts Next-Gen ATMs In Regulatory Spotlight

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    The boring existence of ATMs is changing thanks to the emergence of new-age interactive teller machines, prompting the Federal Deposit Insurance Corp. to sound off in a potentially influential August letter to branches on which services might need regulatory approval, says Thomas Walker at Jones Walker.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Amazon Holiday Pay Case Underscores Overtime Challenges

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    The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.

  • Understanding New ACH Network Anti-Fraud Rules

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    Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.

  • Opinion

    It's Time To Sound The Alarm About Lost Labor Rights

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    In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.

  • Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus

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    Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • 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.

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