Retail & E-Commerce

  • May 21, 2025

    Walgreens Ducks False Ad Suit Over Mucus Relief Meds

    An Illinois federal judge on Tuesday dismissed a potential class action accusing Walgreens of misleading customers by selling them over-the-counter mucus relief medicine containing benzene without warning them of that risk, saying the claims are preempted by a federal drug safety law.

  • May 21, 2025

    Appliance Co. Says Sanctions Bid Unjust After EEOC Missteps

    An appliance retailer has told a Colorado federal judge that the U.S. Equal Employment Opportunity Commission shouldn't be granted sanctions over unredacted medical records that were publicly filed, arguing that the agency has repeatedly made the same mistake in the disability bias lawsuit.

  • May 21, 2025

    EU Proposes €2 Handling Fee On Small Import Packages

    The European Commission is planning to levy a flat fee of €2 ($2.27) on billions of small packages imported into the European Union, including many Chinese goods, according to the bloc's trade chief.

  • May 21, 2025

    Fed. Circ. Rules 'Vetements' Generic, Bars Clothing TM

    The Federal Circuit affirmed the denial of trademark registrations for "Vetements" for clothes, saying in a precedential opinion Wednesday that because the word means clothing in French, the applied-for marks are generic and therefore can't be registered.

  • May 20, 2025

    DC Circ. Won't Revive Okla. Tribe's Creek Land Dispute

    The D.C. Circuit on Tuesday affirmed the dismissal of an Oklahoma tribe's challenge to a decision that rejected its proposed liquor ordinance in a dispute over shared jurisdiction with the Muscogee (Creek) Nation, agreeing with the district court that the complaint failed to identify a valid cause of action that entitles relief.

  • May 20, 2025

    Tech Co. AppLovin's Brass Face 'Shadow Downloads' Claims

    Executives and directors of technology company AppLovin face a shareholder derivative suit alleging they breached their fiduciary duties after the company allegedly inflated its download numbers, a key performance metric, by means of manipulative practices.

  • May 20, 2025

    Keurig Says Google Ruling Doesn't Back Antitrust Claims

    Keurig coffee pod buyers who have accused the company of anticompetitive behavior mischaracterized a recent court ruling in an antitrust case against Google to make their own case look better, the company has told the New York federal court overseeing the long-running litigation.

  • May 20, 2025

    Elf Beauty Brass Face Investor Suit Over Declining Demand

    Executives and directors of cosmetics company e.l.f. Beauty were hit with a shareholder derivative suit accusing them of concealing declining consumer demand, which led to a 55% decline in stock value as information regarding waning revenues and increasing inventory emerged.

  • May 20, 2025

    Vape Pen Exploded In Conn. Man's Pocket, Suit Says

    A Connecticut man claims a vape blew up in his pocket, causing severe burns to much of his leg, according to a state lawsuit that seeks damages against the retail store that sold the product and e-cigarette manufacturer GeekVape Technology Co. Ltd.

  • May 20, 2025

    BofA Class In Out-Of-Network ATM Fee Fight Narrowed

    A California federal judge tweaked the definition of a class of account holders suing Bank of America over out-of-network fees for balance inquiries at certain ATMs, agreeing to exclude certain members from the class but largely rejecting the bank's qualms with the class certification.

  • May 20, 2025

    Nextdoor Beats Investor Suit Over Post-SPAC Profitability

    A California federal judge has tossed a shareholder class action that alleges hyperlocal social networking service Nextdoor Holdings Inc. misled investors about its projected profitability when combining with a special purpose acquisition company, saying the suit's plaintiff never owned or sold the company's securities before the merger, among other things. 

  • May 20, 2025

    Carnegie Hall Group Targets Hospitality Biz In TM Suit

    The nonprofit behind New York City's famous Carnegie Hall accused a hospitality company in a federal lawsuit Tuesday of infringing the concert venue's trademarks by using them for the company's diners and cafés.

  • May 20, 2025

    Franchise Group Says Ch. 11 Plan Cuts $1.5B In Debt

    Bankrupt retail franchise owner and operator Franchise Group Inc. told a Delaware judge on Tuesday that its proposed Chapter 11 plan would slash $1.5 billion from its balance sheet while positioning the business to emerge with 1,700 retail locations intact.

  • May 20, 2025

    Uber Underpaid OT By Thousands, Account Exec. Says

    Uber expected an account executive to put in at least 55 hours a week but didn't fully compensate him for all of these extra hours, a complaint filed in California state court said.

  • May 20, 2025

    Stewart Revives E-Cig Patent Row, Clarifying PTAB Denials

    The acting head of the U.S. Patent and Trademark Office has revived a company's Patent Trial and Appeal Board challenge to an electronic cigarette patent, issuing a precedential decision that provides guidance on discretionary denials when a patent challenger relies on prior art previously furnished to an examiner. 

  • May 20, 2025

    Meta Says Too Late For 'Dramatic Shift' In Antitrust Argument

    Consumers who claim Meta monopolized the social media advertising market are attempting to make a late "dramatic shift" from their years-long argument that all of its users should have been paid a "made-up figure" of $5 a month for their data, the company told a California federal court Monday.

  • May 20, 2025

    Judge Denies Meta's Mid-Trial Bid To End FTC Monopoly Case

    A D.C. federal judge refused Tuesday to cut short the trial in the Federal Trade Commission's monopolization lawsuit against Meta Platforms Inc., not finding the clear evidentiary failure necessary to nix the government's case over the company's purchases of WhatsApp and Instagram.

  • May 20, 2025

    Amazon, Apple Get Atty Fees Over Dropped Antitrust Plaintiff

    A Washington federal judge on Tuesday ordered an ousted lead plaintiff's counsel in a proposed antitrust class action against Amazon and Apple to pay a combined $223,000 in attorney fees to the defendants after finding last month that the lawyers had failed to tell the court that their client had abandoned the case.

  • May 20, 2025

    Apple Can't Get Quick Pause Of App Store Order At 9th Circ.

    The Ninth Circuit agreed Monday to expedite briefing in Apple's appeal challenging a lower court's new injunction mandating certain App Store policy changes, but the panel declined to rule on Apple's emergency request to pause the injunction as Apple and Epic Games brief the hotly contested dispute.

  • May 20, 2025

    Indirect Chicken Buyers' Attys Seek Additional $12M In Fees

    Attorneys for commercial and institutional indirect purchaser plaintiffs in sprawling antitrust litigation against the nation's top poultry producers asked an Illinois federal judge Monday to approve roughly $12 million in additional attorney fees after they secured more than $41 million in additional deals since a prior fee motion.

  • May 20, 2025

    Cleary Guides Up To $391M Sale Of Levi Strauss' Dockers Line

    Levi Strauss & Co. said Tuesday that it will offload its Dockers brand to Authentic Brands Group in a deal worth up to $391 million, signaling the company's intensified focus on its denim lines and the growth of its Beyond Yoga business.

  • May 19, 2025

    Diamond Dealer Sentenced In $13M Fla. Fraud Case

    A Florida federal judge sentenced a Pennsylvania man to more than six years in prison after he admitted to defrauding more than 100 victims out of $13 million in connection with a diamond investment Ponzi scheme.

  • May 19, 2025

    Comscore Accused Of Monopoly Over Movie Box Office Data

    Media analytics giant Comscore Inc. wields a monopoly over U.S. theatrical box office data and has used it to squeeze out a company that provides competing software for film distribution planning and booking, according to a new antitrust suit filed Monday in California federal court.

  • May 19, 2025

    Apple's Refusal To Put Fortnite On App Store Prompts Hearing

    A California federal judge issued an order Monday requiring Apple to show why she should not find that the company has violated her recent injunction requiring changes to its App Store policies, after Epic Games complained that the tech giant is refusing to put Fortnite back on its U.S. online storefront.

  • May 19, 2025

    Amazon Asks 9th Circ. To Flip 'Inadvertent' Discovery Ruling

    Amazon asked the Ninth Circuit to reverse a Washington federal court's ruling that refused its bid to claw back documents inadvertently produced in proposed antitrust class actions, saying companies need to be able to fix mistakes made when designating privileged documents.

Expert Analysis

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • What's At Stake In High Court's Class Member Standing Case

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    The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'

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    The Delaware Supreme Court's recent Maffei v. Palkon ruling regarding TripAdvisor's proposed reincorporation to Nevada potentially signals a turning point in the trend of expanding the protections from Kahn v. M&F Worldwide to other types of transactions, says Andrew J. Haile at Elon University.

  • Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy

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    A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • Compliance Pointers For DOJ's Sweeping Data Security Rule

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    A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.

  • Series

    Competitive Weightlifting Makes Me A Better Lawyer

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    The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.

  • NC COVID Ruling May Have Greater Coverage Implications

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    While the North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 comes too late for most insureds to benefit, it should nonetheless have coverage implications far beyond COVID-19 claims, say attorneys at Robinson Bradshaw.

  • How Southern Calif. Fires Can Affect National, Local Pricing

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    The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.

  • Opinion

    DOJ's Visa Suit Shows Pitfalls Of Regulating Innovative Tech

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    A policy of allowing free-market mechanisms to operate without undue interference remains the most effective way to foster innovation, and the U.S. Department of Justice's 2024 case against Visa illustrates the drawbacks of regulating innovative technology, says attorney Thomas Willcox.

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