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Retail & E-Commerce
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April 30, 2025
Apple Defied App Store Injunction For Revenue, Judge Says
A California federal judge Wednesday agreed with Epic Games that Apple violated her order blocking App Store rules that prevent developers from steering users to alternative payment options, and has now barred Apple from collecting any fees on outside-app purchases and referred the matter to federal prosecutors for possible criminal contempt proceedings.
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April 30, 2025
Ex-Levi's Exec Testifies Pregnancy News Blocked Promotion
A former Levi Strauss executive who claims she was skipped over for a senior marketing director role after announcing her pregnancy told a California federal jury on Wednesday that her boss said the position was given to a colleague because the other woman had more "capacity" to "take on more work."
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April 30, 2025
CEO Asked How Rivals Can Possibly Match Google Money
Google CEO Sundar Pichai testified Wednesday that the Justice Department's proposed monopolization fixes amount to a "de facto divestiture" of the company's entire search intellectual property, only for the D.C. federal judge to wonder how rival search engines could hope to match its financial resources.
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April 30, 2025
SuperValu Fights New Trial Bid In Whistleblower Drug Case
SuperValu urged an Illinois federal judge Tuesday not to overturn its defense win on whistleblower claims of systematic prescription overbilling, saying the whistleblowers are now making "kitchen sink arguments" with little basis.
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April 30, 2025
FCC Could Ban Foreign Adversaries' Testing Labs
The Federal Communications Commission plans to vote in May on whether to ban U.S. operations of telecom equipment test labs owned by foreign adversaries.
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April 30, 2025
Joe Rogan-Backed 'Alpha Brain' False Ad Suit Dropped In NY
A consumer is asking a New York federal judge to dismiss his proposed class action accusing Onnit Labs Inc. of falsely advertising its "Alpha Brain" cognitive supplement, which were previously promoted by podcaster Joe Rogan, as clinically proven to boost memory.
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April 30, 2025
SC Judge Tosses Suit In Bed Trademark Dispute
A South Carolina federal judge has thrown out a suit from American Serleep seeking a declaration that it never infringed any trademark of rival Purple Innovation, saying the Palmetto State isn't the right place for the case.
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April 30, 2025
Agri Stats Gets Say In DOJ's Poultry Worker Wage-Fixing Case
A Maryland federal court allowed Agri Stats Inc. to intervene Wednesday in the U.S. Department of Justice's case accusing Wayne-Sanderson Farms and George's Inc. of suppressing wages, after the government said the poultry companies need to stop using the agricultural data firm.
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April 30, 2025
Amazon's Suit Over Soured Solar Deals Survives Dismissal
Amazon can sue a California-based private equity company and firms tied to a pair of Golden State solar energy developments for allegedly trying to sabotage the projects after signing long-term power purchase deals, a Washington state judge has ruled, rejecting jurisdictional arguments from the defendants.
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April 30, 2025
Activant Unit Seeks $7.5M Fee After $37M Bolt Suit Win
An Activant Capital Group fund has petitioned Delaware's Court of Chancery to approve a $7.5 million company-paid corporate benefit fee, citing a successful battle for cancellation of more than $37 million in Bolt Financial Group shares held by a controller who defaulted on a more-than $30 million company-guaranteed loan.
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April 30, 2025
TikTok Exec Calls Facebook, Instagram 'Complements'
A TikTok executive said Wednesday that his company views Facebook and Instagram as "complements" to the Chinese-owned short-form video platform rather than direct competitors playing in the same market, in testimony that largely supported the Federal Trade Commission's claim that Meta dominates personal social networking services.
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April 30, 2025
Lego Says Toy Co.'s Tiny Figurines Are Big IP Infringement
Lego sued Veux Toys LLC in Connecticut federal court Tuesday, seeking to block the California-based toy retailer from selling figurines that are "substantially similar" to its copyrighted products, such as Spider-Man toy men.
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April 30, 2025
Monthly Merger Review Snapshot
Enforcers opened high stakes court proceedings against Meta Platforms and Google for monopolization claims that could force the tech giants to sell pieces of the companies, while also moving ahead with several challenges and reviews of pending deals in other industries. Here, Law360 looks at the major merger review developments from April.
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April 30, 2025
NJ Panel Orders New Trial in Home Depot Slip Case
A New Jersey state trial court erred in allowing trial evidence of a woman's medical history, prior falls and a handicapped placard in a slip-and-fall case against Home Depot U.S.A. Inc., a state appellate panel ruled Wednesday in vacating a jury verdict in favor of the retailer.
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April 30, 2025
Kirkland, Latham Lead Chinese Online Insurer's $30M US IPO
Shares of Chinese online insurance distributor Yuanbao Inc. rallied in debut trading Wednesday after it priced a $30 million initial public offering at the top of its range, represented by Kirkland & Ellis LLP and underwriters' counsel Latham & Watkins LLP, as more companies test a shaky U.S. IPO market.
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April 30, 2025
Amazon Can't Claw Back 'Inadvertent' Discovery Docs
A Seattle federal judge has ruled that documents Amazon.com Inc. produced as part of three proposed antitrust class actions may not be clawed back, finding that despite the online retailer's claims that they were produced "inadvertently," there was no indication the document-sharing was a mistake.
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April 30, 2025
Kratom Cos. Get False Ad, Addiction Suit Tossed
A California federal judge has dismissed a proposed class action alleging Thang Botanicals and FTLS Holdings LLC mislead consumers about addictive qualities of their kratom products after the plaintiffs failed to file an amended complaint on time.
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April 29, 2025
Ex-Levi's Exec Loses Bid To Call Therapist At Bias Trial
A California federal judge on Tuesday rejected a renewed bid from an ex-Levi Strauss executive suing for sex discrimination to have her therapist testify in the trial's liability phase about work-related stress, saying comments from a former Levi's colleague about the plaintiff's home struggles didn't open the door for his testimony.
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April 29, 2025
Omnicare Hit With $136M Jury Verdict For Bilking Feds
A New York federal jury on Tuesday returned a verdict finding that CVS Health Corp. subsidiary Omnicare illegally billed the federal government to the tune of $135.6 million, one of the largest jury verdicts in a False Claims Act case, according to a statement from the U.S. Department of Justice.
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April 29, 2025
Justices Wary Of Issuing 'Advisory' Ruling In Class Cert. Row
The U.S. Supreme Court's latest attempt to address a pressing question about class certification standards may be doomed by a procedural hiccup, with a majority of justices expressing concern Tuesday that they didn't have the authority to wade into a dispute over approval of a class that contains uninjured members.
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April 29, 2025
Amazon Can't Shake Return Policy Suit, Wash. Judge Rules
A Washington federal judge refused Tuesday to dismiss claims accusing Amazon of unlawfully recharging consumers under its "advanced refund" return policy, ruling that the e-commerce giant could face tort and quasi-contract liability alongside breach of contract allegations.
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April 29, 2025
Judge Mulls If Google Could Still Vie To Be Default Search
A D.C. federal judge probed potential middle grounds Tuesday for how to give Google's search engine rivals a leg up against the company's monopoly, asking how to avoid a "duopoly" with Microsoft and if Google might be permitted to continue paying browsers and phonemakers for default placement.
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April 29, 2025
Photog Owes $67K For Skipping Deposition In Copyright Feud
A federal judge in the Southern District of New York on Tuesday ordered a photographer suing a fashion website over a photo of actor Jonah Hill to cough up nearly $67,000 for skipping his own deposition in the case, among other conduct.
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April 29, 2025
Pork Producers Want Ruling Tossed Over Clerk's Conduct
Pork producers and Agri Stats Inc., which are defending themselves against a major price-fixing suit, are calling on the Minnesota federal judge overseeing the case to recuse himself and vacate his recent rulings, accusing one of his clerks of having inappropriate relationships with plaintiffs' attorneys in a new filing this week.
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April 29, 2025
Gore-Tex Maker Seeks Dismissal Of PFAS Suit
The company behind the waterproof fabric brand Gore-Tex urged a Washington federal court to dismiss a lawsuit accusing it of manufacturing with toxic forever chemicals while also "greenwashing" its image, arguing that the buyers, who did not actually test their garments, provide no proof that the clothing they bought contains these substances.
Expert Analysis
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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Complying With Seasonal Product Labeling Requirements
Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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How To Manage During A Trade Dispute With USMCA Partners
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.
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3 Factors Affecting Retail M&A Deals In 2025
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.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
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.
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Searching For Insight On Requested Google Chrome Remedy
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.
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Lessons Learned From 2024's Top ADA Decisions
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.
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Series
Playing Esports Makes Me A Better Lawyer
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.
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Fed. Circ. In December: A Patent Prosecution History Lesson
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.
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Retailers Must Adapt As Courts Shift On False Price Claims
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.
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An Associate's Guide To Career Development In 2025
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.