Retail & E-Commerce

  • September 24, 2025

    Ex-Amazon Worker Said Docs Could Lose FTC Suit, Jury Told

    An Amazon user experience researcher told a colleague in 2024 that documentation of consumers' frustration with the Prime sign-up process "will be the thing that loses the case" for the company if a Federal Trade Commission lawsuit were to reach trial, according to a message shown to a Seattle federal jury Wednesday.

  • September 24, 2025

    Skechers Investor Seeks Chancery Appraisal Of $9.4B Deal

    A Skechers shareholder is asking the Delaware Chancery Court for an appraisal to determine the fairness of the $63-per-share buyout price of nearly 700,000 shares in the footwear company after its $9.4 billion take-private deal with 3G Capital.

  • September 24, 2025

    CVS Moves To End Worker's Tobacco Surcharge ERISA Suit

    CVS urged a California federal judge to toss an employee's proposed class action alleging it illegally imposes surcharges to health plan participants and their covered spouses who use tobacco, arguing it offers surcharge alternatives to workers and spouses when a medical condition makes it unreasonably difficult to cease tobacco use.

  • September 24, 2025

    Ill. Justices Won't Hear Pepsi's $2.1M Tax Penalty Case

    An Illinois appeals court decision allowing $2.1 million in penalties against PepsiCo for categorizing Frito-Lay expatriates' compensation as foreign payroll will stand, as the state's highest court declined to review the dispute Wednesday.

  • September 24, 2025

    9th Circ. Allows One More Go-Round In Kleenex Ad Fight

    The Ninth Circuit Wednesday determined it does not have jurisdictional authority to revive a proposed class action alleging Kimberly-Clark Corp.'s Kleenex Germ Removal Wet Wipes mislead consumers about the product's ability to kill germs, saying the consumers were not able to establish subject matter jurisdiction.

  • September 24, 2025

    IP Feud Over 'Shark Tank'-Backed Comb Settles Before Trial

    The inventor of a hair-twisting system that was featured on an episode of "Shark Tank" and received an investment from celebrity businessman Mark Cuban has settled patent infringement claims with a rival a week before the two were to go to trial.

  • September 24, 2025

    Del. Justices Uphold $10.5B Zendesk Take-Private Deal

    Delaware's Supreme Court early Wednesday upheld the Court of Chancery's Sept. 10 dismissal of a stockholder challenge to the $10.5 billion take-private deal for software as a service business Zendesk Inc., closing the book on the case in two sentences issued two weeks after appeal arguments.

  • September 24, 2025

    Books Inc. Gets OK For $3.25M Sale To Barnes & Noble

    California's oldest independent bookstore chain, Books Inc., received approval Wednesday from a bankruptcy judge for a $3.25 million sale to Barnes & Noble, and hopes to close on the sale Oct. 1.

  • September 24, 2025

    SharkNinja Gets Expert, Suit Alleging Blender Injury Tossed

    A Colorado federal judge has given SharkNinja Operating LLC a win in a suit alleging one of its blenders spilled hot contents onto a woman because of a design defect, finding her expert's opinions were unreliable and inadmissible.

  • September 23, 2025

    OTC Drug Co. Must Face Shampoo Cancer Risk Class Action

    A Pennsylvania federal judge denied Lake Consumer Products Inc.'s request to toss a putative class action alleging it manufactures coal tar shampoo with known carcinogens, reasoning that most of the claims against the company were plausible enough to move forward.

  • September 23, 2025

    Industry Witnesses In Google Ad Tech Case Not 'That Helpful'

    A Virginia federal judge tightened the leash Tuesday on the U.S. Department of Justice and Google fight over the company's advertising placement technology business, expressing dissatisfaction with non-technical industry witnesses testifying about the benefits and costs of a government breakup proposal.

  • September 23, 2025

    Amazon Prime Trapped Consumers, FTC Tells Seattle Jury

    Amazon knew for years that millions of people were inadvertently enrolling in its Prime subscription program because of its design choices but prioritized boosting membership counts over fixing the problem, the Federal Trade Commission told a Seattle federal jury on Tuesday, kicking off a long-awaited consumer protection trial against the e-commerce giant.

  • September 23, 2025

    Google, Meta Beat BlueChew Users' Privacy Suit, For Now

    A California federal judge Tuesday dismissed a proposed class action alleging Google and Meta illegally gathered information from website users buying erectile dysfunction medication on BlueChew's website, since BlueChew's revised policy makes clear their personal data consisting of health information would be shared with third parties for advertising purposes.

  • September 23, 2025

    RadioShack Reboot Plan Morphed Into $112M Scam, SEC Says

    The U.S. Securities and Exchange Commission sued three former Retail Ecommerce Ventures LLC executives in Florida federal court Tuesday, alleging they raised $112 million through fraudulent securities offerings that operated as a Ponzi-like scheme that promised bogus 25% annual returns to revitalize popular REV brands including RadioShack and Pier 1 Imports.

  • September 23, 2025

    FCC Demands Boomerang, Others Repay $1.1M For Contracts

    The Federal Communications Commission said it is owed more than $1.1 million for spending more on computer tablets than was needed by two wireless companies during pandemic-era assistance programs.

  • September 23, 2025

    CFPB Frees Apple, US Bank From Biden-Era Consent Orders

    The Consumer Financial Protection Bureau has lifted two more enforcement orders issued during the Biden administration, this time granting both Apple Inc. and U.S. Bank NA an early release from ongoing monitoring years ahead of schedule.

  • September 23, 2025

    Amazon Workers Get Cert. In Wage Suit Over New Hire Events

    A California federal judge certified a class of Amazon workers who allege the retail giant failed to pay them for time spent at mandatory new hire events, but she granted the company partial summary judgment on some of the wage allegations against it.

  • September 23, 2025

    Gibson Gets $1 Guitar TM Award Upped To $168K

    After a Texas federal jury awarded guitar maker Gibson just $1 in damages from a Florida-based competitor found to have infringed trademarks for its iconic guitar shapes, a federal judge increased the award to just over $168,000 in disgorgement of profits earned through infringement.

  • September 23, 2025

    Gun Group Misused Buyers' Data For Political Ads, Suit Says

    The National Shooting Sports Foundation Inc. unjustly enriched itself by secretly obtaining the personal data of millions of firearms buyers from warranty registration cards and creating a database it then used to spread tailored political messages, a proposed class action alleges.

  • September 23, 2025

    Sunbeam Settles Claims With Scalded Pressure Cooker User

    A woman who sued Sunbeam Products Inc. and its parent Newell Brands Inc. last week with allegations that she was scalded by a defective pressure cooker told the Georgia federal court on Tuesday that she'd settled her claims.

  • September 23, 2025

    Texas Bans Hemp Sales To Minors Under Emergency Rule

    Texas regulators on Tuesday adopted emergency rules restricting the sale of hemp-derived psychoactive products to anyone under the age of 21.

  • September 22, 2025

    Amazon Says NY Labor Law Update Steps On NLRA

    Amazon on Monday launched a federal lawsuit challenging an amendment to New York labor law that the ecommerce company says "flips U.S. labor law on its head" by unconstitutionally empowering the state's Public Employment Relations Board to regulate private-sector labor relations already covered by federal law.

  • September 22, 2025

    Hershey Defeats Reese's Halloween Candy Misbranding Suit

    A Florida federal judge has thrown out a proposed class action claiming Hershey misled consumers by selling Halloween-themed Reese's products in packaging that made them think the pumpkin-shaped candy would feature carved, jack-o'-lantern designs.

  • September 22, 2025

    Oracle To Secure TikTok Users' Data In Deal To Skirt US Ban

    Tech giant Oracle will be tasked with safeguarding U.S. TikTok users' personal data, and the app's recommendation algorithm will be "retrained" and operated outside the control of TikTok's Chinese parent company under a deal that President Donald Trump is expected to sign this week to avert a shutdown of TikTok, the White House said Monday. 

  • September 22, 2025

    Google Ad Tech Breakup 'Drastic' But Best, DOJ Tells Judge

    A U.S. Department of Justice attorney pressed a Virginia federal judge Monday to break up Google's advertising placement technology business, asserting in opening statements that a divestiture is doable and the only way to fully address Google's monopoly.

Expert Analysis

  • Google Ad Tech Ruling Creates Antitrust Uncertainty

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    A Virginia federal court’s recent decision in the Justice Department’s ad tech antitrust case against Google includes two unusual aspects in that it narrowly construed U.S. Supreme Court precedent when rejecting Google's two-sided market argument, and it found the company liable for unlawful tying, say attorneys at Ballard Spahr.

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • AG Watch: Texas Expands Use Of Consumer Protection Laws

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    In recent years under Attorney General Ken Paxton, Texas has demonstrated the breadth of its public interest authority by bringing actions in areas not traditionally associated with consumer protection law, including recent actions involving sports and public safety, say attorneys at Kelley Drye.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Franchise Group Dispute Reflects Rising Intercreditor Suits

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    A recent complaint filed by senior creditors against junior creditors in the Franchise Group bankruptcy could embolden lenders to take preemptive action against one another in bankruptcy proceedings, and could affect the way secured lenders draft intercreditor agreements going forward, say attorneys at Choate.

  • A Path Forward For Colo. Pot Products After Failed Safety Test

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    As cannabis products in Colorado face increasingly rigorous contamination testing, decontamination and remediation can be an alternative to destruction after a failed safety check, in certain circumstances, so understanding the nuances of these procedures is vital, say attorneys at Troutman Pepper.

  • The Legal Risks Of US Restrictions On Investments In China

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    The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.

  • How Trucking Cos. Can Keep Rolling Under Tariff Burdens

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    Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • 3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill

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    As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.

  • Opinion

    Counterfeiting Cases Could Alter TM Law, Hurt Resale Market

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    Trademark infringement litigation brought by Nike and Chanel against resale platforms could reshape the first-sale doctrine, with the future of the $49 billion luxury fashion resale market at stake, says attorney Charles Meyer.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • How NY's FAIR Act Mirrors CFPB State Recommendations

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    New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.

  • How Mass Arbitration Defense Strategies Have Fared In Court

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    As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.

  • How Cos. Can Navigate Risks Of New Cartel Terrorist Labels

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    The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.

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