Retail & E-Commerce

  • March 24, 2025

    Beyond Meat Sued On Allegations Broker Accessed User Data

    Plant-based meat substitute producer Beyond Meat Inc. has covertly teamed up with data broker Experian to track website visitors and sell their personal data "to the highest bidders" without their permission, according to a proposed class action filed in California federal court. 

  • March 24, 2025

    T-Mobile, Customers Push Dish For Docs In Sprint Merger Suit

    T-Mobile and the customers suing over its 2020 merger with Sprint are both asking an Illinois federal judge to force Dish to turn over discovery documents, with the plaintiffs claiming the documents are key to showing why Dish never became an effective competitor in the wireless market.

  • March 24, 2025

    Fed. Circ. Affirms Invalidity Finding In Tape Patent Fight

    The Federal Circuit on Monday backed a lower court's finding that a patent covering a type of marking tape was invalid as anticipated, while also mostly upholding a sanctions award that tape manufacturer ShieldMark secured in the case accusing it of infringement.

  • March 24, 2025

    Chancery Won't Restart Disputed Bitcoin ATMs For Now

    Delaware's Court of Chancery refused on Monday to order reactivation of dozens of bitcoin cryptocurrency ATM kiosks shut down by an Iowa grocery chain after that state's attorney general sued Bitcoin Depot and a similar operation for alleged scamming of users.

  • March 24, 2025

    Skechers Says Insurer Shirked Defense Of Nonslip Shoe Suit

    Skechers' insurer wrongfully refused to defend the shoe giant in a putative class action over slip-resistance problems with some of its shoes, Skechers told a California state court in seeking at least $750,000.

  • March 24, 2025

    Apple, Sony, Others Facing ITC Probes Over Imports

    The U.S. International Trade Commission has said it is launching a series of investigations into whether imports of products such as video game consoles, nose cleaning devices and semiconductors have infringed various U.S. patents.

  • March 24, 2025

    No $1M Placeholder In 'Black Widow' TM Feud, Judge Rules

    A Connecticut federal judge will not require a pest control company to post more than $1 million to cover potential damages in a trademark lawsuit over the name "Black Widow," which is also the subject of a paused cancellation proceeding before the U.S. Patent and Trademark Office.

  • March 24, 2025

    Neb. AG Sends 35 Cos. Cease Letters Over THC Sales

    The Nebraska attorney general has sent cease and desist letters to 104 retail locations in Omaha saying they are selling products with THC beyond the state's legal limits.

  • March 24, 2025

    'Powering' Algorithm Not Enough To Merit Price-Fixing Claim

    A California federal judge gave short shrift Friday to consumers' proposed class action price-fixing allegations against software provider SAS Institute Inc., which allegedly created a shared pricing algorithm that Hilton, Hyatt and other major chains used to fix and raise room rates nationwide.

  • March 24, 2025

    NYC Shops' Suit Over Pot Crackdown Tossed

    A New York federal judge has thrown out a suit by 27 businesses alleging that New York City violated due process by shutting some of them down as illegal cannabis operations, saying not only did the shops have the opportunity to be heard in an impartial hearing, but several of them were allowed to reopen following those hearings.

  • March 24, 2025

    Dog Toy Maker Appeals Injunction In Jack Daniel's TM Dispute

    The maker of a poop-themed dog toy that mimics Jack Daniel's bottles is appealing a permanent injunction that an Arizona federal court entered after finding the company tarnished the whiskey-maker's brand by associating it with feces.

  • March 24, 2025

    High Court Turns Down Case Over Amazon Patent Program

    The U.S. Supreme Court decided Monday not to hear an appeal of a Federal Circuit decision that found a company alleging patent infringement through Amazon's patent evaluation program must face a declaratory judgment suit in the accused infringer's home state.

  • March 21, 2025

    Chancery Nixes Mid-Case Appeal In Sears Appraisal Suit Fix

    A Delaware vice chancellor refused on Friday to certify a mid-case appeal sought by bankrupt Sears Hometown Stores and its billionaire controller after a Court of Chancery ruling that an investor should get a full $4.06 per share post-squeeze-out merger award despite pursuing an alternative stock appraisal that was dead-ended by bankruptcy.

  • March 21, 2025

    NJ, Pa. Claims Over Amazon Price Hike Project Cut For Good

    Pennsylvania and New Jersey's attorneys general's efforts to shore up state law claims in the Federal Trade Commission monopolization lawsuit against Amazon.com failed after a Washington federal judge found nothing "unconscionable" about a project that matches rivals' price increases or deceptive about its concealment.

  • March 21, 2025

    Lululemon Secures PTAB Decision Axing Nike Shoe Patent

    Lululemon persuaded a panel of administrative judges on Friday to wipe out all of the claims in a Nike footwear manufacturing patent, which Nike had already dropped from its New York suit against the athletic apparel retailer by the time that case went to trial earlier this month.

  • March 21, 2025

    Amazon Beats Consumer's Suit Over Late Delivery Again

    A Washington federal judge on Friday permanently threw out a proposed class action accusing Amazon of breaking scheduled delivery promises, finding that the e-commerce giant did not engage in deception by requiring customers to request shipping fee refunds for packages that arrive after a guaranteed time.

  • March 21, 2025

    Latham-Led Online Ticket Giant StubHub Files IPO

    Private equity- and venture-backed online ticket reseller StubHub Holdings Inc. on Friday filed its long-awaited initial public offering plans, represented by Latham & Waktins LLP and underwriters counsel Cooley LLP.

  • March 21, 2025

    Buyers' Gripe Is With Timber Sector, Not Charmin, P&G Says

    A false advertising lawsuit accusing Procter & Gamble of overhyping the forest-friendly bona fides of Charmin toilet paper should be dismissed, the company told a Washington federal judge, arguing that the buyers' suit is misdirected at P&G when their actual disappointment is with the "forestry industry."

  • March 21, 2025

    Meta Defends Need For Current Data In FTC Case

    Meta Platforms Inc. told a D.C. federal court the company should be able to use the most recent data it has during next month's trial in the Federal Trade Commission's case accusing the Facebook parent company of monopolizing personal social networking.

  • March 21, 2025

    Gibson Gets Infringement Finding Plus $1 In Guitar TM Retrial

    A Texas federal jury on Friday found that a Florida-based guitar maker infringed Gibson Brands Inc.'s trademarks on shapes of some of its famous guitars like the Flying V and Explorer but handed Gibson $1 after finding that it delayed bringing its claims.

  • March 21, 2025

    No 'Cosmic Coincidence,' Atty Suggests In Peet's Privacy Suit

    Counsel for a digital marketing company on Friday urged a California federal judge to reject a class certification bid in a suit accusing it and Peet's Coffee of unlawfully tracking internet users' browsing activity, accusing a would-be lead plaintiff of trying to intentionally trigger the tracking to become a class representative.

  • March 21, 2025

    Crocs Defends News Release In Bid To Beat Defamation Suit

    Footwear maker Crocs Inc. told a Colorado federal judge Friday that a 2022 news release in which it said Crocs secured "a judgment of infringement" against a rival company was at least substantially true, contending that's enough to defeat the rival's summary judgment bid in a defamation suit.

  • March 21, 2025

    Evenflo To Pay $3.5M In Booster Seat MDL Settlement

    Parents who purchased "Big Kid" vehicle booster seats are asking a Boston federal judge to grant preliminary approval on a $3.5 million deal that would end multidistrict litigation against baby product maker Evenflo Co., which was accused of overstating the safety of its boosters.

  • March 21, 2025

    Unlockd To Take Google Antitrust Battle To 9th Circ.

    Defunct advertising app maker Unlockd is hoping the Ninth Circuit will revive its antitrust suit accusing Google of allowing the then-up-and-coming business to build a reliance on Google platforms and then cutting it off once it became a threat.

  • March 21, 2025

    Fed Defends Swipe Fee Cap Against Ky. Pizzeria's Challenge

    The Federal Reserve Board asked a Kentucky federal judge to uphold its existing cap on debit card swipe fees, defending the regulatory measure's substantive and procedural merits in a suit brought by a family-owned pizza shop operating in the state.

Expert Analysis

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • How Labeling And Testing May Help Reduce PFAS Litigation

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    As regulators take steps to reduce consumers’ exposure to per- and polyfluoroalkyl substances, also known as forever chemicals, companies can take a proactive approach to mitigating litigation risks not only by labeling their products transparently, but also by complying with testing and marketing standards, says Sarah La Pearl at Segal McCambridge.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • Commerce Proposal Could Ease Trade Remedy Administration

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    Recently proposed international trade enforcement regulations could help the U.S. Department of Commerce more easily administer antidumping and countervailing duty remedies, in turn maximizing relief to American companies adversely affected by unfair trade, says Natan Tubman at Buchanan Ingersoll.

  • Rise Of Transpo Contractors Brings Insurance Disputes

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    As more independent contractors are contracted and subcontracted in the delivery industry, companies must be prepared to defend claims from drivers who are injured on the job as they are often seeking to establish an employment relationship with one of the entities in the chain, says Nathan Milner at Goldberg Segalla.

  • 'Greenhushing': Why Some Cos. Are Keeping Quiet On ESG

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    A wave of ESG-related litigation and regulations have led some companies to retreat altogether from any public statements about their ESG goals, a trend known as "greenhushing" that was at the center of a recent D.C. court decision involving Coca-Cola, say Gonzalo Mon and Katie Rogers at Kelley Drye.

  • Co-Tenancy Clause Pointers For Shopping Center Landlords

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    Large retail tenants often require co-tenancy provisions in their leases, entitling them to remedies if a shopping center's occupancy drops in certain ways, but landlords must draft these provisions carefully to avoid giving tenants too much control, says Gary Glick at Cox Castle.

  • Complying With FTC's Final Rule On Sham Online Reviews

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    The Federal Trade Commission's final rule on deceptive acts and practices in online reviews and testimonials is effective Oct. 21, and some practice tips can help businesses avert noncompliance risks, say Airina Rodrigues and Jonathan Sandler at Brownstein Hyatt.

  • Assessing Algorithmic Versus Generative AI Pricing Tools

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    A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.

  • 3 Patent Considerations For America's New Quantum Hub

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    Recent developments signal an incredibly bright future for Chicago as the new home of quantum computing, and it is crucial that these innovators — whose technology has the potential to transform many industries — prioritize intellectual property strategy, says Andrew Velzen at McDonnell Boehnen.

  • Navigating A Potpourri Of Possible Transparency Act Pitfalls

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    Despite the Financial Crimes Enforcement Network's continued release of guidance for complying with the Corporate Transparency Act, its interpretation remains in flux, making it important for companies to understand potentially problematic areas of ambiguity in the practical application of the law, say attorneys at Sidley.

  • How Companies Are Approaching Insider Trading Policies

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    An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.

  • 11 Patent Cases To Watch At Fed. Circ. And High Court

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    As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.

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