Retail & E-Commerce

  • May 13, 2025

    Atty Sues To Sell NFL Merch Without License

    The NFL is facing another lawsuit from an attorney seeking a court order saying he is allowed to sell unlicensed NFL merchandise and asserting that the league's effective monopoly on its merchandising is not based on trademark law.

  • May 13, 2025

    Pot Payment Co. Wants Court To Enforce $1.3M Deal

    A Boulder, Colorado, fintech company said its former business associates in a failed joint venture to create a cannabis payment system cannot be trusted to pay the $1.3 million settlement meant to end all claims of fraud, urging a Nevada federal court to step in and force them to follow through.

  • May 13, 2025

    Nike Seeks Dismissal Of Investors' Sales Strategy Fraud Suit

    Sportswear company Nike and several of its top executives have urged an Oregon federal judge to toss a proposed class action alleging the company's stock value declined as it continued to mislead investors on the success of a change in sales strategy, saying the suit improperly uses hindsight to claim fraud.

  • May 13, 2025

    DOJ Antitrust Deputy Says Gov't 'Out-Lawyered' Google

    The deputy head of the U.S. Justice Department's Antitrust Division took a victory lap Tuesday after dual monopolization wins over Google's search and advertising technology businesses, citing the cases as proof that the government's attorneys can win in a "David versus Goliath" battle.

  • May 13, 2025

    Google Spars With AGs Over Impact Of DOJ Ad Tech Ruling

    Google is telling a Texas federal judge that its recent ad tech trial loss to the U.S. Department of Justice in the Eastern District of Virginia should have no bearing on the similar case brought in Texas by state attorneys general because the Virginia ruling is not yet final.

  • May 13, 2025

    Instagrammer Sues Vape Co. He Used To Run

    Instagram celebrity Dan Bilzerian has filed another lawsuit against the vape company he used to run and which he said has since been hijacked by his father and others, claiming that the company has failed to uphold its promise to indemnify him against lawsuits tied to his former role as a director.

  • May 13, 2025

    Target Slapped With Class Action Over iPhone Warranties

    Target Corp. is facing a proposed class action alleging it misled cellphone buyers about who is responsible for repairs, how much repairs cost and the warranty terms for its phones.

  • May 13, 2025

    Zulily Can't Exit Laid-Off Workers' WARN Act Suit

    A Washington federal judge declined Tuesday to throw out a proposed class action accusing online retailer Zulily of failing to provide advance notice of mass layoffs to remote workers in two states, finding the plaintiff workers had adequately alleged violation of the federal layoff warning law.

  • May 13, 2025

    Hose Maker Wants Case Over Amazon Patent Program Tossed

    An expandable garden hose maker wants a Delaware federal court to throw out a suit seeking a declaration that a Chinese company isn't infringing a pair of patents, saying it never made any infringement allegation against the Chinese company.

  • May 13, 2025

    Grocery Giants Fight Washington's 'Redundant' $32.4M Fee Bid

    Kroger and Albertsons are fighting a bid by Washington's attorney general to recover a record $32.4 million in legal fees for winning a lawsuit to block a $24.6 billion merger of the grocery giants, saying that the state's "go-it-alone" litigation was unnecessary and wasteful because of parallel antitrust action by the Federal Trade Commission.

  • May 13, 2025

    FTC Says It Won't Enforce 'Click To Cancel' Until July

    The Federal Trade Commission, currently only staffed with Republicans following President Donald Trump's firing of the remaining two Democratic commissioners, has decided to pump the brakes on its plan to start enforcing the agency's new "click to cancel" rule this month.

  • May 13, 2025

    Farberware, Walmart Can't Duck Pressure Cooker Burn Suit

    A Pennsylvania federal judge on Tuesday denied Walmart Inc. and Farberware Licensing Co.'s bid to prevail in a suit alleging they sold a defective pressure cooker that erupted and burned a woman using it to make steak.

  • May 13, 2025

    Applebee's Accused Of 'Egregious' Delivery Order Junk Fees

    Applebee's employs a deceptive bait-and-switch tactic to stick hidden junk fees to delivery orders on its website that aren't mentioned to customers until the very end of the check-out process, allowing it to rake in millions in profit, according to a proposed class action filed in California federal court.

  • May 13, 2025

    Pa. Sens. Reject Bill To Legalize Pot Through State-Run Shops

    A Pennsylvania Senate committee on Tuesday voted to reject a bill to legalize adult-use marijuana and regulate its sale via state-run stores.

  • May 13, 2025

    Pot Dispensary Asks Mo. High Court To Block County Taxes

    In incorporated areas of Missouri counties, a municipality's imposition of a 3% sales tax on adult-use cannabis supersedes a county's ability to impose its own additional tax, a dispensary told the Missouri Supreme Court during oral arguments Tuesday.

  • May 13, 2025

    Walmart Settles Biometric Privacy Suit Ahead Of June Trial

    Walmart and a driver for Walmart's grocery delivery platform have resolved his claims that the platform's identity verification process violates Illinois' biometric privacy law by scanning geometric facial data in their selfies and licenses to authenticate an applicant's identity without informed consent.

  • May 13, 2025

    Latham-Led VMG Nets $1B For 6th Consumer Fund

    Latham & Watkins LLP-advised growth equity firm VMG Partners on Tuesday revealed it had clinched its sixth consumer fund after securing $1 billion in investor commitments.

  • May 13, 2025

    Vegan Restaurant Chain Planta Hits Ch. 11 With Sale Plans

    Vegan restaurant chain Planta Group has filed for Chapter 11 protection in Delaware, listing up to $50 million in debt and saying it intends to sell the business as part of the bankruptcy process.

  • May 12, 2025

    Amazon Cites FTC Take On Online Shopping Law In Prime Suit

    Amazon has asked a federal court to either allow it to present evidence of the Federal Trade Commission's statements about the clarity of the Restore Online Shoppers' Confidence Act or permit it to bring the matter to the Ninth Circuit, arguing the issue must be resolved sooner rather than later.

  • May 12, 2025

    Instacart Beats Investor Suit Over Pre-IPO Business

    A California federal judge tossed a shareholder class action accusing grocery delivery company Instacart of misrepresenting its potential in the lead-up to its initial public offering, finding, among other things, that the plaintiffs did not sufficiently plead any actionable misleading statements or that the defendants acted with a motive to deceive investors.

  • May 12, 2025

    Barnes & Noble Faces IP Suit Over E-Commerce Tech

    Barnes & Noble has joined a line of retailers facing patent infringement suits from intellectual property licensing company AML IP, with a complaint filed Monday in Texas federal court accusing the bookseller of violating a patent related to technology for electronic methods of processing payments.

  • May 12, 2025

    Cardholders Can't Revive Visa, Mastercard Swipe Fee Suit

    A New York federal judge on Monday declined cardholders' bid to revive their interchange fee suit against Visa, Mastercard and major banks, saying they failed to show that they were directly harmed by an alleged swipe fee price-fixing conspiracy.

  • May 12, 2025

    More Than Defaults: Google Judge Mulls AI, Search, Browsers

    A D.C. federal judge has three weeks to figure out the last questions he'll ask the U.S. Department of Justice and Google before laying out search monopolization remedies that could help shape the way consumers search, browse and use artificial intelligence.

  • May 12, 2025

    9th Circ. Asks Wash. Justices About Fake Discount CPA Suit

    The Ninth Circuit has called on Washington state's highest court to clarify whether a shopper who claims she purchased leggings from clothing retailer Aéropostale based on an alleged fake discounting scheme has suffered harm covered by the state Consumer Protection Act.

  • May 12, 2025

    Zazzle Can't Dodge Copyright Claim Over Fonts, Judge Says

    A California federal judge has axed fraud claims in a suit claiming online marketplace Zazzle Inc. profits from stolen intellectual property and fails to fairly compensate design owners, but said it couldn't dodge a copyright claim.

Expert Analysis

  • 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.

  • Rebuttal

    Mass Arbitration Reform Must Focus On Justice

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    A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Breaking Down Ill. Bellwether Case For Bank Preemption

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    The banking industry's pending lawsuit against the state of Illinois stands to permanently enjoin state regulation of bank card processing, as well as clarify the outstanding and consequential issue of whether conflict preemption continues to cover third parties in certain circumstances, says Tom Witherspoon at Stinson.

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