Retail & E-Commerce

  • June 09, 2025

    Sam's Club Sued Over Botulism Death Linked To Potato Soup

    Sam's Club West Inc. sold a 76-year-old woman some potato soup that was "tainted by botulism" and caused her to be hospitalized for almost a month before she ultimately died from her illness, according to a wrongful death suit the grocer removed to Colorado federal court.

  • June 06, 2025

    FTC Scoffs At Meta's Accusation Of 'Biased' Econ Expert

    The FTC on Friday urged a Washington, D.C., federal judge to reject Meta's bid to strike testimony the agency's lead economics expert gave during the antitrust trial over Meta's purchase of Instagram and WhatsApp, scoffing at the allegation the New York University School of Law professor is biased.

  • June 06, 2025

    Circle's Smash IPO Could Pave Way For More Crypto Listings

    Stablecoin issuer Circle's explosive debut will likely stimulate more crypto listings and possibly jolt the broader pipeline of initial public offerings, capital markets attorneys say.

  • June 06, 2025

    T.I., Tiny Urge Judge To Prevent 4th Trial In $71M Doll Row

    Clifford "T.I." Harris and Tameka "Tiny" Harris have urged a California federal judge to reject MGA Entertainment's motion to reverse a jury's $71.4 million verdict finding the company infringed the trade dress and publicity rights of the OMG Girlz pop group, saying the rehashed arguments fall flat.

  • June 06, 2025

    9th Circ. Mulls If Seagate Win Could Spur Antitrust Suits

    A Ninth Circuit judge on a panel doubted Seagate Technology's request to reverse NHK Spring's partial win in an antitrust fight over hard drive components, observing Friday that Seagate's position may broaden antitrust liability and asking "how does this not open up the floodgates for a new plaintiffs' cottage industry?"

  • June 06, 2025

    Full 11th Circ. Asked To Rethink Workplace Attack Case

    An employee has asked the en banc Eleventh Circuit to rethink its ruling that wholesale restaurant supply store McLane Foodservice Inc. is not liable for injuries suffered by an employee who was set on fire at work by a former partner, arguing it took too narrow a view on foreseeability.

  • June 06, 2025

    OpenAI, Microsoft Say Musk Hasn't Fixed RICO Claims

    OpenAI and Microsoft have urged a California federal judge to again trim Elon Musk's lawsuit challenging OpenAI's now-abandoned transition to a for-profit enterprise, arguing the billionaire and his own artificial intelligence company, xAI, have not made any changes to their previously nixed claims for contract breach and fraudulent enterprise.

  • June 06, 2025

    Rite Aid Emphasizes It Will Pay Rent To Objecting Landlords

    The twice-bankrupt drug store chain Rite Aid is seeking to reassure landlords who filed a spate of objections in recent days that it intends to continue meeting lease obligations despite its move to close some locations.

  • June 06, 2025

    Judge Won't Toss 'Patent Ambush' Case Against Clorox, Brita

    A Pennsylvania federal judge has shot down a bid from Clorox Co. and its Brita brand to toss an antitrust lawsuit accusing the companies of engaging in a "patent ambush" to corner the market on home water filters, saying the request was premature.

  • June 06, 2025

    Judge Flushes Class Claims In Toilet Paper Sweepstakes Row

    An Illinois federal judge threw out class claims in a suit accusing Procter & Gamble of failing to provide promised prizes to people notified they were winners of a monthly sweepstakes to promote the sale of Charmin toilet paper, saying class actions are barred by the rules of sweepstakes and those who entered agreed to those terms.

  • June 06, 2025

    CVS Health Can't Dodge Blame In Omnicare False Claims Suit

    A New York federal judge rebuffed an attempt from CVS Health Corp. to evade responsibility in a False Claims Act case, after a jury found that its subsidiary Omnicare bilked the federal government out of over $135 million in fraudulent drug claims. 

  • June 06, 2025

    NJ Panel Revives Contract Row Between Pot Co., Landlord

    A New Jersey state appeals court on Friday revived a Paterson property owner's suit against a would-be dispensary and its principals alleging they broke a deal to share profits from the dispensary, finding that the trial court wrongly conflated the contract's requirement for local approval with a cannabis license.

  • June 06, 2025

    Kroger-Owned Grocery Escapes Baby Food Metal Claims

    Harris Teeter escaped a proposed class action against parent Kroger and other grocery stores alleging that their Simple Truth baby teething wafers contain unsafe levels of toxic metals, according to a Friday order.

  • June 06, 2025

    Mich. Judge OKs $200K Deal In Pot Co. Tip-Theft Action

    A Michigan federal judge on Friday granted initial approval of a $205,000 settlement to end a collective action alleging the owner of a chain of Michigan dispensaries withheld portions of tips meant to go to retail workers.

  • June 06, 2025

    Frito-Lay Sun Chips Not 100% Whole Grain, False Ad Suit Says

    Frito-Lay's brand of Sun Chips are deceptively labeled as containing "100% Whole Grain," despite the fact the products contain maltodextrin derived from corn, which is a highly refined grain stripped of important nutrients amid the refining process, alleges a proposed class action filed in California federal court.

  • June 06, 2025

    Expert Witness Biz Says Ex-Worker Stole Trade Secrets

    Litili, a company that connects expert witnesses to attorneys working on civil cases, has brought a lawsuit in California state court against its former account representative, alleging she took the firm's confidential proprietary business information and used it in her new role at a competing business.

  • June 06, 2025

    Taxation With Representation: Winston, Stibbe, Weil, Goodwin

    In this week's Taxation With Representation, Chart Industries Inc. and Flowserve Corp. merge, Aedifica NV and Cofinimmo NV unite, Sanofi buys Blueprint Medicines Corp., and Kimberly-Clark Corp. sells a majority stake in its international tissue business to Suzano.

  • June 05, 2025

    Judge Boosts $2.7M Window Shade Patent Verdict To $5.3M

    A New York federal judge has refused to throw out a jury's verdict finding that lighting fixture company Lutron Electronics infringed a window shade patent owned by GeigTech, finding that Lutron owes $5.3 million in damages rather than the initial $2.7 million amount awarded by the jury.

  • June 05, 2025

    Playboy Fired Exec For Raising Harassment Issues, Suit Says

    Playboy's ousted chief creative officer filed a retaliation suit against the company in Los Angeles Superior Court on Thursday alleging he was illegally terminated after speaking up about sexual harassment, financial improprieties and a minor uploading explicit images of herself to a public company website.

  • June 05, 2025

    Poultry Workers Get Final OK On $398M Wage-Fixing Deals

    A Maryland federal judge granted final approval Thursday to settlements worth nearly $400 million for poultry processing workers who claimed that the nation's biggest chicken producers conspired to suppress their wages.

  • June 05, 2025

    Infant Cushion Maker Urges DC Circ. To Vacate CPSC Rule

    A company that manufactures infant support cushions has told the D.C. Circuit that the U.S. Consumer Product Safety Commission overstepped its authority by issuing a rule regulating the products as "durable" and thus skirting congressional limits on its ability to issue mandatory product safety standards.

  • June 05, 2025

    Music Lyrics Co. Slams $1B Antitrust Suit Over Warner Deal

    Music data company Musixmatch urged a California federal judge to end rival LyricFind Inc.'s $1 billion suit alleging it has a monopoly in the market for providing lyrics to streamers like Spotify after inking an exclusive deal with Warner Music to distribute its titles, arguing Warner is legally allowed to solely license its intellectual property to Musixmatch.

  • June 05, 2025

    DOJ Says Cross-Border Monopoly Member Deserves 11 Years

    The U.S. Department of Justice is seeking 11 years in prison and a $2 million fine for a man who pled guilty to charges tied to the running of a cross-border used-car transport business, which prosecutors say used violence to keep competition at bay.

  • June 05, 2025

    Tenn. To Add New Tax To CBD And Delta-8 Products

    Tennessee is set to impose a new wholesale tax structure on hemp-derived THC products, eliminating its 6% retail sales tax at the beginning of 2026, according to a notice published Thursday.

  • June 05, 2025

    Juul Beats Distributor's E-Cig Price Discrimination Suit

    An Illinois federal judge Wednesday permanently dismissed a price discrimination suit against Juul Labs, finding that a gas station distributor alleging it was given worse terms than a rival on e-cigarette products torpedoed its own case when it removed details of the alleged market from its latest complaint.

Expert Analysis

  • How To Manage During A Trade Dispute With USMCA Partners

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Reviewing 2024's Crucial Patent Law Developments

    Author Photo

    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

    Author Photo

    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024's Most Notable FTC Actions Against Dark Patterns And AI

    Author Photo

    In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.

  • Making The Pitch To Grow Your Company's Legal Team

    Author Photo

    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Data Privacy Landscape After Mass. Justices' Wiretap Ruling

    Author Photo

    In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.

  • Del. Dispatch: The 2024 Corporate Cases You Need To Know

    Author Photo

    The Delaware Court of Chancery in 2024 issued several decisions that some viewed as upending long-standing corporate practices, leading to the amendment of the Delaware General Corporation Law and debates at some Delaware corporations about potentially reincorporating to another state, say attorneys at Fried Frank.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Retail & E-Commerce archive.