Retail & E-Commerce

  • June 04, 2025

    NC Biz Court Bulletin: TikTok Tussle And Merger Melee

    Spring has sprung momentous decisions and quiet resolutions in some of the North Carolina Business Court's top cases, from clearing for trial the attorney general's suit over a hospital's post-merger standard of care to Cadwalader Wickersham & Taft LLP dropping its coverage dispute over a 2022 data breach.

  • June 04, 2025

    Dish Wants Court To Act On T-Mobile Case Discovery Dispute

    Dish told an Illinois federal judge it is at an impasse with wireless customer plaintiffs seeking documents in their case against T-Mobile over its 2020 acquisition of Sprint, saying it met with the plaintiffs four times regarding their subpoenas, but the sides have been unable to find a compromise.

  • June 04, 2025

    DOJ Won't Have To Give Agri Stats Specific Data Fields

    A Minnesota federal court refused to force the U.S. Department of Justice to identify specific data fields in industry reports produced by Agri Stats that allegedly allow meat processors to share sensitive information, finding the case is not centered on individual data points.

  • June 04, 2025

    FTC Can't Exclude TikTok Blackout From Meta Case

    Meta Platforms can point to TikTok briefly going dark at the beginning of 2025 as it tries to fend off claims that it is monopolizing the social media market, after a D.C. federal judge refused to let the Federal Trade Commission lock the case to evidence from the year 2023.

  • June 04, 2025

    Lowe's Ex-Manager Drops Racial Bias, Retaliation Case

    A former Lowe's Companies Inc. manager has agreed to drop her case against the home improvement retailer, in which she alleged she was treated differently, retaliated against and later fired for being Black.

  • June 04, 2025

    Judge Won't Block Amazon From Talking To Depo Witnesses

    A federal judge on Tuesday rejected the Federal Trade Commission's bid, in its antitrust case against Amazon, seeking to block lawyers representing the e-commerce giant from conferring with witnesses during breaks in their depositions.

  • June 04, 2025

    Vape Cos. Urge 5th Circ. To Toss FDA Vape Marketing Rule

    A group of small e-cigarette companies is asking the Fifth Circuit to revive their suit challenging the U.S. Food and Drug Administration's rule for premarket authorization of new tobacco products, saying the FDA failed to account for how the rule would affect small businesses.

  • June 04, 2025

    Chancery Strips Amazon, Others From $1.3B Zoox Merger Suit

    Delaware's chancellor has kept alive breach of fiduciary duty claims against most directors and two officers of self-driving taxi venture Zoox Inc. over its $1.3 billion acquisition by Amazon, while dismissing Amazon itself and rejecting stockholder fee-shifting claims.

  • June 04, 2025

    Agent Seeks Toss Of Insurer's $1M Reinsurance Loss Suit

    An insurance company's suit alleging that an insurance agent's errors cost the company its reinsurance through the Federal Crop Insurance Corp. should be tossed, the agent told a Michigan federal court, arguing that the claims are time-barred and have already been litigated.

  • June 04, 2025

    Post Reacquiring Brands Including Ronzoni Pasta For $880M

    Post Holdings Inc. has agreed to acquire 8th Avenue Food & Provisions Inc. in a transaction valued at approximately $880 million, including the assumption of debt, as the packaged goods company looks to expand in private label and dry grocery categories — and brings several legacy assets back under its control.

  • June 03, 2025

    Egg Producer Beats Suit Over Salmonella Contamination

    Amish egg producer Milo's Poultry Farms LLC has beaten a proposed class action accusing it of selling eggs tainted with salmonella, after a Wisconsin federal judge ruled Tuesday there is no plausible way a batch of eggs worth less than $100,000 could result in more than $5 million in damages.

  • June 03, 2025

    Foes Urge Court To Assume Google Hid Evidence

    Advertisers, publishers and other users of Google's online advertising placement technology come armed with receipts of the search giant's personnel apparently knowingly avoiding their discovery obligations, as the multidistrict litigation plaintiffs tee up a bid to sanction the company with a court presumption that deleted chats hide key evidence of monopolization.

  • June 03, 2025

    Consumers Defend Amending Apple, Amazon Antitrust Case

    Consumers accusing Apple and Amazon of reaching a deal to restrict the sale of Apple devices on the e-commerce site told a Washington federal court there's no need to reconsider letting them amend the complaint despite the original lead plaintiff dropping out of the case.

  • June 03, 2025

    Adidas, UChicago Failed To Protect Data In Hacks, Suits Say

    Adidas' American arm and the University of Chicago Medical Center have been sued for allegedly failing to keep sensitive identifying information safe from hackers who stole it through certain third-party vendors.

  • June 03, 2025

    9th Circ. Wary Of Dormant Commerce Application To Cannabis

    A Ninth Circuit panel on Tuesday appeared skeptical that constitutional doctrine barring states from impeding interstate commerce should apply to the federally illegal marijuana market in a pair of cases involving cannabis business licenses in Washington state and Sacramento, California.

  • June 03, 2025

    PepsiCo's Popcorners Bags Not Filled To Corners, Buyer Says

    PepsiCo illegally slack fills its Popcorners corn snack product bags without a legitimate purpose, tricking customers into thinking the package contains more product than it does and essentially making them pay for empty space, according to a proposed class action filed Sunday in California federal court. 

  • June 03, 2025

    'World's Purest Baby Wipes' Not Pure, Microplastics Suit Says

    A California woman on Monday lodged a putative class action against baby wipes manufacturer WaterWipes, telling a San Francisco federal court that what the company describes as plastic-free baby wipes actually have a concerning amount of microplastics.

  • June 03, 2025

    Kim Kardashian Settles Judd Furniture Knockoffs Suit

    Kim Kardashian and West Hollywood-based interior design firm Clements Design have agreed to dismiss a case brought by the late artist Donald Judd's foundation accusing Kardashian of purchasing knockoff versions of Judd's furniture.

  • June 03, 2025

    Lovesac Settles Conn. Shareholder Suits With Corp. Reforms

    The Lovesac Co. has agreed to implement new corporate reforms and pay $335,000 to reimburse its stockholders' legal fees in a derivative lawsuit accusing company directors of filing misleading financial reports, according to a deal advanced Tuesday by a Connecticut federal judge.

  • June 03, 2025

    Electrical Parts Co. Owes $1M For Fire Loss, Insurer Says

    A manufacturer of electrical cables is responsible for over $1 million in damages for a fire at a Philadelphia-based discount department store, an insurer told a Pennsylvania federal court, saying the blaze was caused by the manufacturer's defective armored cabling.

  • June 03, 2025

    Latham-Led Insurer Of Small Businesses Targets $100M IPO

    Small-business-focused excess and surplus insurer Ategrity Specialty Holdings LLC on Tuesday unveiled a price range on an estimated $100 million initial public offering, represented by Latham & Watkins LLP and underwriters Skadden Arps Slate Meagher & Flom LLP.

  • June 03, 2025

    Aaron Judge Wants Fed. Circ. To Back TM Win Over Slogans

    New York Yankees captain Aaron Judge and the Major League Baseball Players Association have asked the Federal Circuit to affirm a Trademark Trial and Appeal Board decision that blocked a Long Island man from registering trademarks for judicially themed slogans, such as "All Rise" and "Here Comes The Judge."

  • June 03, 2025

    Bills Texas Attys Should Know From The 2025 Session

    Texas lawmakers wrapped up the state's 89th legislative session this week, passing a number of bills on topics like artificial intelligence and social media, business law and the authorities granted to the attorney general.

  • June 03, 2025

    Apple Challenging EU's Interoperability Requirements

    Apple is challenging new rules imposed by European enforcers that require iPhones and iPads to work more seamlessly with third-party devices, saying the rules create privacy and security risks for users and threaten to hamper innovation.

  • June 03, 2025

    DC Judge Agrees To Pause Tariff Injunction

    A D.C. federal judge on Tuesday agreed to stave off a preliminary injunction that blocked the Trump administration from collecting tariffs on two toy makers while the government appeals the ruling.

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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