Retail & E-Commerce

  • April 22, 2025

    Ark. Offers Credit For 50% Of New Payroll For HQ Relocations

    Arkansas created an income tax credit for businesses that relocate their corporate headquarters to the state equal to up to 50% of their payroll for qualifying employees under a bill signed by Gov. Sarah Huckabee Sanders.

  • April 22, 2025

    Dunkin' Unit Beats Disability Bias Suit Over Nondairy Milk Fees

    A California federal judge dismissed a lawsuit from lactose-intolerant customers accusing a Dunkin' Donuts unit and its franchisees of disability discrimination for charging extra for nondairy milk, ruling Monday that because the surcharge applied to all customers it didn't violate the Americans with Disabilities Act or a state law against discrimination.

  • April 22, 2025

    Nike Gets Mixed Ruling As 'Replica' Influencer's Trial Looms

    A Florida federal judge partially found for Nike on its trademark infringement and counterfeiting claims against a social media influencer accused of posting and selling fake Nike shoes, but said the sportswear giant's consumer confusion and other claims must go to trial.

  • April 22, 2025

    Eminem Publisher Drops Suit Over 'Lose Yourself' Pickup Ads

    Eminem's publisher on Monday agreed to drop a copyright infringement lawsuit alleging a Michigan Ford dealership used the rapper's song "Lose Yourself" in social media advertisements for a limited edition Detroit Lions Ford F-150 pickup without permission.

  • April 22, 2025

    Hemp Group Drops DEA From Suit Over Police Raid, Arrest

    A hemp trade group and the owner of a smoke shop are dropping claims against the U.S. government and U.S. Drug Enforcement Administration from a suit alleging law enforcement wrongfully raided the shop.

  • April 21, 2025

    DOJ Pushes Chrome Sale To Solve Google Monopoly

    The U.S. Department of Justice sought to shape the future of online search and artificial intelligence chatbots Monday with opening arguments pushing a D.C. federal judge to force Google to sell its Chrome browser and to "disrupt" the billions paid for default search engine status on iPhones, Firefox and more.

  • April 21, 2025

    7th Circ. Gives Costco Slip-And-Fall Suit A Second Life

    The Seventh Circuit on Monday revived a suit over a Costco customer's slip-and-fall, saying trial is warranted because a jury could find that surveillance video supports the claim that a spilled smoothie was on the floor for at least 28 minutes before the fall.

  • April 21, 2025

    Colo. Justices Say Insurer Can't Escape 'Economic Loss' Rule

    Colorado Supreme Court justices on Monday said an insurer can't escape an economic loss rule that precludes parties from bringing tort claims over a breach of duty arising from a contract, holding that the rule has no exception for willful and wanton conduct and tossing the insurer's negligence claim over a restaurant fire.

  • April 21, 2025

    En Banc 9th Circ. Revives Shopify Data Privacy Fight

    A split Ninth Circuit en banc panel Monday revived a proposed class action alleging Shopify violates privacy rights by embedding payment-processing code on merchant websites that surreptitiously tracks consumers' location and collects personal data, with a nearly unanimous majority finding the location-tracking allegations establish specific jurisdiction in the Golden State.

  • April 21, 2025

    DHS Voids Order Ousting Canadian Cannabis Machinery CEO

    The U.S. Department of Homeland Security on Monday urged a Washington federal judge to throw out a lawsuit accusing federal agents of illegally barring the Canadian CEO of a cannabis harvesting equipment company from entering the United States, citing the government's recent decision revoking a removal order against him.

  • April 21, 2025

    DraftKings Targeted Gambling Addicts, Suit Claims

    Online gambling giant DraftKings Inc. and a subsidiary have been hit with a proposed class action accusing them of engaging in a range of deceptive practices including knowingly targeting people suffering from gambling addiction and allowing those on Pennsylvania's self-exclusion gambling list to open new accounts.

  • April 21, 2025

    FTC Accuses Uber Of Deceptive Subscription Practices

    The Federal Trade Commission sued Uber on Monday, alleging the ride-hailing and delivery app charged consumers for its Uber One subscription service without their consent and made them "navigate a maze" to end the subscriptions while advertising that they can cancel anytime.

  • April 21, 2025

    Nylon Maker Files Ch. 11 In Texas With More Than $1B Debt

    Nylon maker Ascend Performance Materials on Monday filed for Chapter 11 protection in a Texas bankruptcy court, saying it plans to work with its lenders to deleverage its more than $1 billion in debt.

  • April 21, 2025

    Pot Company Once Allied With Influencer Wants Rehearing

    A cannabis, spirits and vape company formerly associated with Instagram celebrity Dan Bilzerian is asking the Ninth Circuit for an en banc rehearing of a $1.6 million judgment against it, saying a panel of circuit judges ignored key facts when it found the company liable for breach of contract.

  • April 21, 2025

    Amazon Says Sanctions Unwarranted In Drivers' Wage Suit

    Potential members of a collective action accusing Amazon of misclassifying drivers were not coerced into talking to attorneys representing the company, Amazon told a Washington federal court, urging the court to reject the drivers' bid to slap sanctions on the company.

  • April 21, 2025

    US, Italy Say Tech Cos. Must Not Face Discriminatory Taxes

    Italy and the U.S. agree that discrimination tech companies face in the form of digital services taxes must end in order to enable investments from those companies, according to a joint statement by Italian Prime Minister Giorgia Meloni and President Donald Trump.

  • April 21, 2025

    Supreme Court Won't Hear Neb. Tribe's Tobacco Sales Dispute

    The U.S. Supreme Court won't hear two Nebraska tribal companies' bid to undo an Eighth Circuit ruling that held the state can regulate a tribally owned manufacturer's sales of cigarettes to Indigenous-owned distributors after officials attempted to apply a settlement with major tobacco companies on the Winnebago reservation.

  • April 21, 2025

    High Court Wants SG's Input On Home Depot ERISA Case

    The nation's highest court asked the U.S. solicitor general Monday to opine on whether it should hear a retirement plan mismanagement case from Home Depot workers who say the Eleventh Circuit wrongly required them to link financial losses to alleged breaches of fiduciary duty.

  • April 21, 2025

    Justices Won't Hear Mall Of America's Sears Lease Dispute

    The U.S. Supreme Court on Monday declined to hear a case filed by the owner of Minnesota's Mall of America against Sears Holding Corp. over a transfer of a 100-year lease for an anchor store location, leaving in place a lower court's finding that the mall's lease was not a "true" contract.

  • April 21, 2025

    Justices Won't Hear Patent Eligibility Ruling Dispute

    The U.S. Supreme Court on Monday decided to skip a case brought by a company that had lost a patent case against Amazon, declining the challenge asserting that courts routinely issue summary judgment rulings on patent eligibility, even if there are disputes of fact.

  • April 18, 2025

    Walgreens To Pay DOJ $300M Over Invalid Prescriptions

    Walgreens revealed in a U.S. Securities and Exchange Commission filing Friday that it will pay upward of $300 million to resolve U.S. Department of Justice allegations that it knowingly filed millions of prescriptions for opioids and other drugs that didn't have a legitimate medical purpose or weren't valid.

  • April 18, 2025

    Google May See Some Light In The Ad Tech Ruling

    The ruling this week in the U.S. Department of Justice's ad tech monopolization case against Google was a major victory but not a total win for the government, and it raises questions about what the fix should be, especially with a trial looming over remedies in a separate case over search.

  • April 18, 2025

    IP Notebook: AI Prompts, DMCA Battle, Squishmallows Scuffle

    Welcome to IP Notebook, a recurring series that highlights disputes and legal developments that raise novel or crucial questions in the trademark and copyright space.

  • April 18, 2025

    FTC's Southern Glazer's Pricing Case Preserved

    A California federal judge refused to toss the Federal Trade Commission's price discrimination lawsuit against Southern Glazer's Wine and Spirits LLC, concluding the alcohol distribution giant moves liquor around enough to trigger interstate commerce and that the FTC has adequately alleged unfair treatment of mom-and-pop stores relative to big box retailers.

  • April 18, 2025

    Judge Sides With Wash. In NY Distillery's Sales Reg Challenge

    A federal judge has rejected a New York whiskey maker's challenge to a Washington rule that distilleries must have a physical in-state location to sell to Evergreen State consumers online, saying the regulation isn't discriminatory because it "applies evenhandedly" regardless of the producer's home state.

Expert Analysis

  • 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.

  • Reviewing 2024's Crucial Patent Law Developments

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    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

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    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

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    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

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    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

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    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

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    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.

  • Unwrapping Retailer AI Risks Amid Holiday Shopping Season

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    While generative artificial intelligence tools can catalyze game-changing results for retailers looking to stay ahead of the competition during the holiday season, and year-round, it can also bring certain legal risks, including product liability concerns, say attorneys at King & Spalding.

  • When US Privilege Law Applies To Docs Made Outside The US

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    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

  • Notable 2024 Trademark Cases And What To Watch In 2025

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    Emerging disputes between established tech giants and smaller trademark holders promise to test the boundaries of trademark protection in 2025, following a 2024 marked with disputes in areas ranging from cybersquatting to geographic marks, says Danner Kline at Bradley Arant.

  • Examining Vidal's Guidance On PTAB Section 315 Time Bar

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    Last month's decision by outgoing U.S. Patent and Trademark Office Director Kathi Vidal in Luminex v. Signify addresses the Section 315 statutes that preclude institution of inter partes review proceedings after certain civil actions are filed, and is instructive as PTAB panels are likely to follow this approach going forward, says Amanda Wieker at McGuireWoods.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • How Trump's Tariff Promises May Play Out In 2nd Term

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    While it is unclear which of President-elect Donald Trump's promised tariffs he intends to actually implement in January, lessons from his first administration, laws governing executive action and U.S. trade agreements together paint a picture of what may be possible, say attorneys at Butzel.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Marketing Messages Matter In State AG Consumer Protection

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    Attorneys general interpret marketing claims far more broadly than many companies may realize, so to mitigate potential risk, businesses should be vigilant about all consumer messaging, including communications that may not traditionally be considered advertising in the colloquial sense, say attorneys at Cozen O'Connor.

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