Retail & E-Commerce

  • July 08, 2025

    Breaking Down Stewart's Nonstop Discretionary Denial Orders

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart inundated the patent community in May and June with dozens of rulings altering the landscape of discretionary denials at the Patent Trial and Appeal Board. Here, Law360 goes through what you should know.

  • July 08, 2025

    Conn. AG Hits Ticket Marketplace With 1st Data Privacy Fine

    An online ticket marketplace has become the first to be handed a monetary penalty under Connecticut's comprehensive data privacy law, with the state's attorney general announcing a settlement Tuesday that will require the company to pay $85,000 and maintain consumer rights request metrics to resolve claims that it failed to fix several alleged privacy notice deficiencies.

  • July 08, 2025

    Baltimore Police Want Out Of Md. Hemp Cos.' Suit

    The Baltimore Police Department wants out of a lawsuit filed by hemp businesses and buyers seeking to upend a Maryland law that would require retailers to get recreational cannabis licenses to buy and sell hemp products, arguing that the department isn't responsible for the legislation.

  • July 08, 2025

    Omnicare, CVS Tab In FCA Case Increases To $949M

    A New York federal judge on Monday raised a False Claims Act judgment against Omnicare and CVS to a combined $949 million following a jury's finding that they submitted millions of false prescription claims for long-term care patients.

  • July 08, 2025

    8th Circ. Strikes Down FTC's Click-To-Cancel Rule

    An Eighth Circuit panel on Tuesday vacated the Federal Trade Commission's planned "click-to-cancel" rule, which would have required companies to allow customers to ditch their subscriptions with a single click, finding that the commission did not follow the proper procedures once a judge determined the rule change would cost over $100 million. 

  • July 08, 2025

    Wash. Seafood Plant, Steel Shop Slapped With CWA Suits

    Environmental groups launched a pair of Clean Water Act lawsuits in Washington federal court on Tuesday accusing an Evergreen State seafood producer and specialty machinery firm of releasing pollutants into local waterways in violation of state and federal permitting regulations.

  • July 08, 2025

    Kohl's Says Self-Storage Renovation Led To Pa. Mall Exit

    In seeking to ditch a lawsuit, Kohl's on Tuesday told a Pennsylvania federal judge that a mall owner breached a lease of two decades with an unwanted renovation project that added a nearby self-storage business and cut off the retailer's access to the mall's interior.

  • July 08, 2025

    'Practice Better Judgment,' Judge Tells Comscore Foe

    A California federal judge "strongly" admonished a film distribution and data company for filing an amended monopolization complaint against Comscore on the Fourth of July, while also concluding that the filing mooted, for now, a bid to force the box office giant to continue sharing data.

  • July 08, 2025

    Cannabis Co. Escapes Sales Commissions Suit

    A cannabis company's promise to pay an employee commissions when she got a promotion was but a "puff of smoke," an Illinois federal judge ruled, finding the lack of a formal contract means her lawsuit must be dismissed.

  • July 08, 2025

    Michigan Cos. Pay $1.9M To Settle PPP Loan Fraud Claims

    Four Michigan companies reached settlements worth a combined $1.9 million with the federal government to resolve claims they violated the False Claims Act by making false statements to get Paycheck Protection Program loans during the COVID-19 pandemic.

  • July 08, 2025

    Medical Co. Wants High Court To Review Rushed Patent Case

    A medical device maker has asked the U.S. Supreme Court to hear it out on claims that a North Carolina federal judge rushed the case to trial and violated the Fifth Amendment right to due process by shortening the amount of time for discovery.

  • July 08, 2025

    Amazon Wants To Challenge Class Cert. Bid On The Stand

    Amazon has asked a Washington state federal judge to let it interrogate the expert witness backing a bid for class action status covering tens of millions of consumers, arguing that an evidentiary hearing, with cross-examination, is needed in the antitrust litigation accusing it of keeping online retail prices artificially high.

  • July 07, 2025

    FTC Wants More Time To Present Case Against Amazon Prime

    The Federal Trade Commission asked a Washington federal judge for 10 days to put on its case-in-chief against Amazon over alleged deceptive practices that trick customers into automatically renewing Prime subscriptions, arguing the evidence at the upcoming trial would be "voluminous and complex," and lengthening the trial won't prejudice Amazon.

  • July 07, 2025

    AGs Urge Texas Ad Tech Judge Not To Delay Google Trial

    An attorney for the Texas-led coalition of attorneys general targeting Google's advertising placement technology business urged a Texas federal judge Monday not to delay the upcoming jury trial, arguing there's no need to worry about potential inconsistencies with a Justice Department case in Virginia.

  • July 07, 2025

    5th Circ. Says Apple Didn't Suppress Union In NYC

    The Fifth Circuit on Monday reversed the National Labor Relations Board's ruling that Apple illegally interrogated a leader of a Manhattan store organizing campaign and confiscated union flyers, saying the manager's questions were benign and the confiscations were routine tidying.

  • July 07, 2025

    Gun Rights Groups Sue To Overturn National Firearms Act

    Multiple gun rights advocacy groups asked a Texas federal court to throw out most of the National Firearms Act, saying that because the One Big Beautiful Bill Act reduced the tax for certain controlled firearms to $0, the NFA could no longer pass a constitutional smell test.

  • July 07, 2025

    Etsy Shares User Data With Google And Meta For Ads, Suit Says

    Etsy flouts privacy laws by illegally sharing website visitors' information with third parties through the surreptitious use and deployment of tracking pixels created by Google, Meta, TikTok and Microsoft for behavior profiling and real-time digital ad bidding auctions, according to a proposed class action filed last week in California federal court. 

  • July 07, 2025

    Gunmaker Denies Wrongdoing In Suit Over Exploding Bullet

    Chiappa Firearms USA Ltd. is pushing back on claims that it is liable for permanent eye injuries a man suffered when a bullet exploded in the manufacturer's 1911-style handgun, saying in Georgia federal court the incident was likely user error.

  • July 07, 2025

    Fanatics Told To Give Panini Licensing Docs In Antitrust Case

    A New York federal court said Monday that Fanatics Inc. must turn over unredacted versions of its licensing deals with major sports leagues and player associations that are at the heart of Panini America Inc.'s case accusing Fanatics of monopolizing the sports trading card market.

  • July 07, 2025

    Deere & Co. Needn't Give More Financial Docs In Repair Suit

    An Illinois federal judge overseeing twin cases alleging Deere & Co. is violating the Sherman Antitrust Act through its control of repair tools decided Monday not to force the company to produce its dealer financial analysis documents, saying any relevant information in them has already been produced elsewhere in the cases.

  • July 07, 2025

    Samsung Settles Epic's Claims It Colluded With Google

    Epic Games Inc. on Monday voluntarily dropped Samsung from the Fortnite game-maker's latest California federal antitrust suit in light of the parties' settlement, resolving allegations the phone maker colluded with Google to circumvent an order forcing Google to open Android phones to Play Store competition.

  • July 07, 2025

    P&G Beats False Ad Suit Over 'Pure Cotton' Tampax, For Good

    The Procter & Gamble Co. permanently beat a proposed class action alleging that it omits the presence of organic fluorine in its Tampax products, after a California federal judge again rejected the plaintiff's testing method for detecting forever chemicals, ruling Monday that the latest iteration of the suit continued to rest on flawed testing.

  • July 07, 2025

    MyPillow CEO's Attys Sanctioned Over False AI Citations

    Two attorneys for MyPillow CEO Mike Lindell were sanctioned by a Colorado federal judge on Monday over a February brief containing nearly 30 "defective citations" after using artificial intelligence.

  • July 07, 2025

    Catching Up With Delaware's Chancery Court

    In Delaware in the past week, a vice chancellor awarded just $1 in damages to a China-tied company looking to secure a $50 million stake in SpaceX while also slamming the fund's manager for acting "insincerely," Tyson Foods won $55 million in damages in a suit claiming the owner of two poultry rendering plants Tyson acquired hid that it relied on a "disfavored" practice of recovering "unappetizing remnants of butchered chickens," and a suit over a one-site bank's 11-aircraft fleet was moved into the discovery phase.

  • July 07, 2025

    Some Class Certs. Granted In Amazon Alexa Privacy Suit

    A Washington federal judge on Monday granted class certification to plaintiffs with registered Amazon Alexa devices in a suit alleging the devices recorded and stored their conversations, and he denied class certification to those plaintiffs who did not have registered devices.

Expert Analysis

  • Cosmetic Co. Considerations As More States Target PFAS

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    In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.

  • Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol

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    As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Action Steps To Prepare For Ramped-Up Export Enforcement

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    In light of recent Bureau of Industry and Security actions and comments, companies, particularly those with any connection to China, should consider four concrete steps to shore up their compliance programs given the administration's increasingly aggressive approach to export enforcement, say attorneys at Gibson Dunn.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • 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.

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