Retail & E-Commerce

  • October 22, 2025

    'Danger Zone': 9th Circ. Judge Warns Atty Battling L'Oreal

    A Ninth Circuit judge warned an attorney Wednesday he was in a "danger zone" and should have considered never appealing a district court's order throwing out his client's trade secrets case against L'Oreal USA Inc., saying the lower court's finding that his client fabricated evidence puts the attorney in the panel's crosshairs.  

  • October 22, 2025

    Monsanto's Roundup Blamed For Husband's Fatal Cancer

    A widow alleged in a wrongful death suit against agro-chemical giant Monsanto that her late husband developed terminal cancer after he was exposed to glyphosate in the company's Roundup herbicide, telling a Washington federal court Monsanto had known for decades of the risk.

  • October 22, 2025

    Banks Want Ill. Fee Law Block Extended To Card Networks

    Banking industry groups urged an Illinois federal judge Wednesday to permanently block an Illinois law that bans swipe fees on tax and tip portions of payment card transactions, arguing she has already correctly held that national banks are federally preempted from its reach, and that the court should extend that relief to card networks and others involved in the payment process.

  • October 22, 2025

    4th Circ. Seems Wary Of Under Armour's $100M Coverage Win

    The Fourth Circuit didn't seem convinced Wednesday that it should affirm a lower court's finding that government investigations into Under Armour are unrelated to a securities class action against the sportswear company and thus trigger an additional $100 million in directors and officers coverage from Under Armour's excess insurers.

  • October 22, 2025

    RJR Says 'Carbon Neutral' Vape Claim Was Not Deceptive

    R.J. Reynolds companies, claiming they were telling the truth when asserting their Vuse e-cigarette was the "first carbon neutral" vape on the market, urged a California federal judge on Tuesday to dismiss consumers' proposed class claims they engaged in deception.

  • October 22, 2025

    StubHub Says Swift Fan Must Arbitrate Eras Tour Tickets Suit

    StubHub Holdings Inc. urged a Washington federal judge on Wednesday to force arbitration in a customer's proposed class action, contending the plaintiff launched the lawsuit after the company began arbitrating her claims that it failed to deliver on $14,000 worth of tickets she purchased for Taylor Swift's Eras Tour.

  • October 22, 2025

    Texas Book Rating Law Struck Down As Unconstitutional

    A Texas federal judge ruled Tuesday that a Texas law aimed at regulating the types of books available at public school libraries still "misses the mark" on achieving its goal and is unconstitutional for a number of reasons, including forcing booksellers to take on the state government's preferred messages.

  • October 22, 2025

    USPTO Cuts TM Backlog Below 350K, Surpassing FY25 Goal

    The U.S. Patent and Trademark Office said Wednesday it has reduced the backlog of unexamined trademark applications to under 350,000, exceeding the goal the government agency set to finish the 2025 fiscal year that concluded Sept. 30.

  • October 22, 2025

    Grocery Outlet Fights Investor Claims Over IT Update Woes

    Grocery Outlet Holding Corp. has asked a California federal court to toss a shareholder's suit accusing it of botching the implementation of an enterprise resource planning system that allegedly caused operational disruptions and financial losses, saying the suit is based on "impermissible fraud by hindsight."

  • October 22, 2025

    Home Depot Passes Stewart's Threshold, But Not PTAB's

    The Patent Trial and Appeal Board has rejected Home Depot's challenge to a 12-year-old content delivery patent, after the petition made it through Deputy Director Coke Morgan Stewart's high standard for reviewing older patents. 

  • October 22, 2025

    Gutting Broadband Labels Erodes Consumer Trust, FCC Told

    A pro-consumer group is warning that reducing the data disclosed on broadband "nutrition" labels will undermine consumer trust about the online services they're receiving.

  • October 22, 2025

    COST Urges Ky. Justices To Reject Walgreens' Tax Valuations

    Kentucky's Supreme Court should reverse an appeal court's ruling finding that a local assessor correctly took above-market contract rents into consideration when valuing several Walgreen store properties, the Council on State Taxation said, because it unfairly raised their assessed values.

  • October 22, 2025

    3rd Circ. Tosses Elderly Woman's Solar Panels Fraud Suit

    The Third Circuit on Wednesday backed the dismissal of an elderly woman's fraud claims against two solar panel financiers, which she accused of saddling her with a nearly $100,000 debt after she was tricked getting rooftop solar panels a salesperson told her were free.

  • October 22, 2025

    Jury Convicts Man In $200M Counterfeit Smuggling Scheme

    A California federal jury has convicted a man of participating in a scheme to smuggle as much as $200 million worth of counterfeit luxury items into the U.S. through the ports of Los Angeles and Long Beach.

  • October 22, 2025

    Winix Air Purifier's HEPA Filter Claims Are False, Suit Says

    A Winix Global customer has filed a proposed false advertising class action in Illinois federal court alleging that the company is "making a killing" selling air purifiers and replacement filters that fail to live up to claims that they can capture at least 99.97% of dust, pollen and any airborne particles.

  • October 22, 2025

    Seltzer-Maker Seeks Toss Of 'Impossible' Kratom Claims

    Seltzer-maker Mitra-9 Brands LLC is urging a Washington state federal judge to throw out a proposed class action alleging that it hid the addictive qualities of the ingredient kratom from buyers, saying the named plaintiff's claims are "impossible" because he alleges buying the drinks before the company existed.

  • October 22, 2025

    NC Biz Court Bulletin: COVID Coverage, A Suspect Signature

    The North Carolina Business Court has rounded the corner into fall with insurance disputes over COVID-19 coverage at a chain of outlet malls and the theft of over $900,000 in legal THC reportedly stolen from a warehouse in the Southwest.

  • October 22, 2025

    Amazon Gets Military Leave Suit Thrown Out, For Now

    A New York federal judge walked back an August ruling that certified a thousands-strong class of Amazon workers who alleged they were shorted on pay for stints of military leave, agreeing with the retail giant that the suit should be dismissed.  

  • October 21, 2025

    Apple Slams 'Fatally Broad' App Store Injunction At 9th Circ.

    Apple urged the Ninth Circuit Tuesday to scrap a mandate blocking it from charging any commission on iPhone app purchases made outside its systems, slamming the district court's "fatally broad" injunction and arguing that the court's zero-commission rule is "the antithesis of a proper civil contempt remedy."

  • October 21, 2025

    9th Circ. Panel Reaffirms NLRB's Use Of 'Thryv Remedies'

    The National Labor Relations Board correctly applied its 2022 Thryv ruling when it ordered Macy's to pay heightened remedies after refusing to rehire strikers, a split Ninth Circuit panel reaffirmed, shooting down a request to reconsider a split panel decision from January while amending the decision slightly.

  • October 21, 2025

    FTC's Holyoak Thinks US Enforcers Should Stick To US Law

    Federal Trade Commission member Melissa Holyoak suggested Tuesday that the Republican-led agency is unlikely to nudge its international peers to block mergers on its behalf, as it was accused of doing previously.

  • October 21, 2025

    Gibson Eyes Guitar TM Retrial After $1 Win Upped To $168K

    Guitar giant Gibson has asked a Texas federal judge to grant a third trial on trademark infringement claims over its iconic guitar shapes, despite getting a $1 win raised to around $168,000.

  • October 21, 2025

    Amazon Return Policy Suit On Hold Amid Tentative Class Deal

    A Washington federal judge Tuesday paused a proposed class action accusing Amazon of shortchanging customers on refunds for returned items, after the parties told the court they struck a classwide deal to end the case and intend to seek formal approval of the settlement in the next two months.

  • October 21, 2025

    Third Tribe Signs Deal To Open Cannabis Shops In Minnesota

    Minnesota has signed a compact with the Prairie Island Indian Community to allow the federally recognized tribe to issue licenses for eight cannabis retailers outside its reservation along with licenses to grow and manufacture the plant, the third such deal the state has made with a tribe.

  • October 21, 2025

    UberEats Stole Pics From Nearly 2 Dozen Photogs, Suit Says

    A group of nearly two dozen professional photographers slapped Uber with a copyright suit in Florida federal court Tuesday, claiming the company displayed their photos on the UberEats food delivery service platform without permission or compensation.

Expert Analysis

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Action Steps To Prepare For Ramped-Up Export Enforcement

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    In light of recent Bureau of Industry and Security actions and comments, companies, particularly those with any connection to China, should consider four concrete steps to shore up their compliance programs given the administration's increasingly aggressive approach to export enforcement, say attorneys at Gibson Dunn.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Maneuvering The Weeds Of Cannabis Vertical Integration

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    The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.

  • The Future Of Privacy Enforcement Under Ferguson's FTC

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    Federal Trade Commission Chair Andrew Ferguson's early actions indicate a marked shift toward a more traditional approach to privacy enforcement, so companies should expect the commission to maintain a strong focus on enforcing Section 5 of the FTC Act in the privacy area, says Kandi Parsons at ZwillGen.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Takeaways From DOJ's Latest FCA Customs Fraud Intervention

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    The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • Tips For Companies Crafting Tariff Surcharge Disclosures

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    As the Trump administration imposes tariffs on imports, retail businesses considering itemizing tariff-related costs separately for consumers must ensure that any disclosures are both accurate and defensible to avoid regulatory enforcement or private suits, says Christopher Cole at Katten.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • Compliance Lessons From Warby Parker's HIPAA Fine

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    The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Tracking The Evolution Of Liability Management Exercises

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    As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.

  • What Banks Must Do To Attract Gen Z Customers

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    The young adults of Generation Z bank differently, so financial institutions must engage appropriately if they wish to attract this key population, including by leveraging savvy marketing, well-designed online interfaces and top-notch customer service, says Madeline Thieschafer at Fredrikson & Byron.

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