Retail & E-Commerce

  • July 16, 2025

    11th Circ. Nixes Walmart Win, Backs ALJ Removal Restriction

    The Eleventh Circuit on Wednesday ruled in a published opinion that a removal restriction for administrative law judges is constitutional, reversing Walmart's win in a lawsuit that had blocked a chief administrative law judge from deciding on immigration-related complaints against the hypermarket company.

  • July 16, 2025

    Amazon Beats Class Suit Over Prime Video Ads For Good

    A Washington federal judge has permanently ended a proposed class action against Amazon.com Inc. over the introduction of commercials on the company's Prime Video streaming service, reiterating on Wednesday her prior ruling that the company's subscriber terms permitted the change.

  • July 16, 2025

    Juul Fights Bid To Revive Price Discrimination Suit

    Juul Labs urged an Illinois federal court not to revive a gas station distributor's case accusing the e-cigarette company of giving a rival wholesaler a better deal, saying the court was right to toss the latest complaint because it failed to say where the wholesalers compete.

  • July 16, 2025

    BOE Misappropriated Samsung Trade Secrets, ITC Judge Finds

    A U.S. International Trade Commission judge has found that China's BOE Technology misappropriated Korean-based Samsung Display Co. Ltd.'s trade secrets for device screens.

  • July 16, 2025

    Avon Insurers Say Ch. 11 Was Filed In 'Bad Faith'

    A group of insurance carriers that issued coverage to Avon has asked the Delaware bankruptcy court to dismiss or convert the cosmetics company's Chapter 11 case, arguing the debtor filed its petition in "bad faith" and lacks a valid purpose for the bankruptcy.

  • July 16, 2025

    Refused NFL Goods Sale Not Antitrust Harm, Judge Says

    An online merchant blocked from selling licensed NFL merchandise on Amazon.com and Walmart.com by league policies restricting online sales to approved retailers has two weeks to fix its proposed class action claims after a New York federal judge said that the contested restrictions do not trigger U.S. antitrust law.

  • July 16, 2025

    Kratom Seltzers 'Addictive,' Wash. Class Suit Alleges

    A proposed class of kratom product buyers is suing Mitra-9 Brands LLC in Washington federal court, alleging that the company knew — but failed to warn customers — that the products are addictive in the same way as opioids and can cause withdrawal symptoms.

  • July 15, 2025

    Auto Dealership Software Biz Must Face Rival's Monopoly Suit

    A California federal judge Tuesday denied Texas tech company CDK Global's bid to dismiss a lawsuit accusing it of cornering the auto dealership management software market, saying its rival, Tekion, plausibly alleged that CDK holds a monopoly power and made it hard for dealerships to switch to competing platforms.

  • July 15, 2025

    Pool Supply Co. Escapes Investor Suit Over COVID-Era Sales

    Arizona-based pool supply company Leslie's Inc. won dismissal, for now, of an investor class action led by North Carolina's state treasurer that alleged the company botched disclosures about waning demand during the COVID-19 pandemic, with the court finding the allegations failed to state a claim for federal securities law violations.

  • July 15, 2025

    'NJ Weedman' Can Proceed With Suit Over City Hall Protest

    The city of Trenton, New Jersey, can't escape a lawsuit filed by a cannabis advocate known as NJWeedman who claims the municipality violated his First Amendment rights by retaliating against him after he projected a "Batman-like" protest message on City Hall, a federal judge ruled, saying it might be "annoying" but it is protected speech.

  • July 15, 2025

    FTC Says Merger Penalty Deal In The Works With 7-Eleven

    The Federal Trade Commission is inching closer to a settlement with 7-Eleven in its suit seeking to slap the convenience store chain with a $77.5 million penalty for violating a settlement that it inked with the agency in order to get a merger approved back in 2018.

  • July 15, 2025

    Consumers Say Apple's Bid To End App Store Case Will Fail

    A massive class of consumers accusing Apple of monopolizing the distribution of apps on its devices has told a California federal court the tech giant's planned summary judgment bid should be rejected because there's evidence showing harm to both users and developers.

  • July 15, 2025

    9th Circ. Backs Nature's Way Loss In Supplements TM Suit

    The Ninth Circuit on Tuesday upheld a lower court's finding that a Doctor's Best Inc. brand of supplements didn't infringe a trademark of competitor Nature's Way Products LLC because the Doctor's Best products were all sold outside the U.S.

  • July 15, 2025

    FCC Drops 'Single Seller' Marketing Reg After 11th Circ. Ruling

    The Federal Communications Commission has plucked from the books a rule requiring individual consumer consent for companies to contact customers through comparison shopping sites after the Eleventh Circuit declared the regulation an overstep.

  • July 15, 2025

    Fizz Social Loses Bid To Block Instacart's 'Fizz' Drink App

    A California federal judge has denied social media platform Fizz Social Corp.'s bid for a preliminary injunction in its trademark infringement and anti-cybersquatting lawsuit accusing Instacart and Partiful of ripping off its "FIZZ" mark to launch a rival "Fizz" beverage-delivery app that targets the so-called Gen Z demographic.

  • July 15, 2025

    9th Circ. Upholds Axing Of IT Co.'s Microsoft Data Misuse Case

    The Ninth Circuit declined Tuesday to revive a cybersecurity supplier's case accusing Microsoft of misusing a proprietary database of login credentials recovered on the black market, concluding that the parties' contract did not impose limits on the tech giant's use of the data.

  • July 15, 2025

    Weedmaps, SPAC Officers Want Out Of Investor SEC Fine Suit

    Cannabis tech company Weedmaps Technology Inc. and leaders of a blank check company that it merged with have asked to be released from an investor's proposed class action alleging damages following the U.S. Securities and Exchange Commission's announcement that it fined Weedmaps $1.5 million for allegedly making misleading statements about its monthly active users.

  • July 15, 2025

    Kirkland Tops M&A League Tables In First Half Of 2025

    Kirkland & Ellis LLP was the top mergers and acquisitions legal adviser both globally and in North America during the first half of 2025, as measured by both value and transaction numbers, league table data from GlobalData showed Tuesday. 

  • July 15, 2025

    NYC's Suit Against Flavored E-Cig Sellers Can Continue

    A Manhattan federal judge on Monday rejected a bid by eight vape wholesalers to toss an action brought by New York City alleging the companies flooded the city with flavored e-cigarettes in violation of federal, state and local law.

  • July 15, 2025

    Car Buyer Wants Class Cert. Over VIN Etching Price

    A Connecticut state court should grant class certification to more than 3,100 customers of the Milford-based Nissan dealership Napoli Motors Inc. on claims that its $299 charge for a service known as VIN etching violates a state law requiring "reasonable rates," the named plaintiff said in a new motion.

  • July 15, 2025

    Frito-Lay Settles Flamin' Hot Cheetos Defamation Suit

    Frito-Lay Inc. and a former employee have reached a settlement Monday in his suit claiming he invented Flamin' Hot Cheetos and had his livelihood destroyed when the company disavowed his story, according to a Monday filing in California federal court.

  • July 15, 2025

    Class Action Targets Archery Cos. For Alleged Price-Fixing

    A Tennessee man alleged a vast scheme to fix prices on archery goods in a proposed class action in federal court Monday, naming the sport's top trade association, manufacturers and retailers as key figures in the decade-long conspiracy.

  • July 15, 2025

    PVC Pipe Buyers Seek Initial OK Of $6M Deal In Antitrust Row

    Counsel for two classes of purchasers of polyvinyl chloride pipe urged an Illinois federal judge Tuesday to grant preliminary approval to two $3 million settlements resolving their antitrust claims against an analytics service allegedly used in a conspiracy by PVC pipe makers to inflate the price of their products.

  • July 15, 2025

    Small Carriers Caught Off Guard By Demand-Free T-Mobile OK

    Rural wireless carriers appeared stunned by the feds' recent decision to let T-Mobile absorb most of UScellular without setting new requirements meant to protect their service areas, but they aren't the only ones dismayed by the turn of events.

  • July 14, 2025

    Inspire Brands Hires Ex-Yum! Brands Exec As Its CLO

    Inspire Brands, the company that owns franchises such restaurant chains as Arby's, Baskin-Robbins, Buffalo Wild Wings, Dunkin' and Jimmy John's, announced Monday that it has hired a former long-time executive with fast-food giant Yum! Brands as its new chief legal and administrative officer.

Expert Analysis

  • Compliance Refresher For 'Made In USA' Labeling Claims

    Author Photo

    As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

    Author Photo

    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Appellate Guidance Needed On California Chatbot Litigation

    Author Photo

    There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

    Author Photo

    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • Opinion

    Anti-Counterfeiting Efforts Must Hold China Accountable

    Author Photo

    As the Organization for Economic Cooperation and Development drafts guidelines for combating counterfeit goods, U.S. representatives must be frank about the need to hold Chinese platforms accountable for their role in counterfeiting — and specific about the changes that will be required, says Eli Clemens at the Information Technology and Innovation Foundation.

  • Securing IP Protection For AI Avatars

    Author Photo

    As artificial intelligence avatars play an ever-expanding role in sales, operations and entertainment, companies must plan for intellectual property protection for these brand assets as their control will turn on the nuances of their creation and use, say attorneys at K&L Gates.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

    Author Photo

    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • CIPA May Not Be Necessary To Protect Ad Tech Plaintiffs

    Author Photo

    A California bill designed to protect businesses from advertising technology claims under the California Invasion of Privacy Act by amending the act retroactively has been highly contested by various consumer advocacy groups, but other existing law may sufficiently protect any plaintiff who suffers actual harm from such tech, says Justin Donoho at Duane Morris.

  • Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity

    Author Photo

    Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.

  • How Attorneys Can Become Change Agents For Racial Equity

    Author Photo

    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Public Cos. Must Heed Disclosure Risks Amid Trade Chaos

    Author Photo

    Ongoing uncertainties caused by President Donald Trump's shifting stances on tariffs and trade restrictions have exponentially escalated financial reporting pressures on public companies, so businesses must ensure that their operations and accounting practices align with the U.S. Securities and Exchange Commission's standards, say Jennifer Lee at Jenner & Block and Edward Westerman at Secretariat Advisors.

  • Opinion

    9th Circ. Shopify Decision Gets Personal Jurisdiction Wrong

    Author Photo

    The Ninth Circuit's recent opinion in Briskin v. Shopify, rejecting the differential targeting requirement for personal jurisdiction, not only deviates from long-standing jurisprudence, but it also significantly expands the reach of internet-based claims under California law, says Matthew Pearson at Womble Bond.

  • Digital Equity Act Grant Terminations Raise Key Legal Issues

    Author Photo

    The Trump administration's move to cancel grant programs created under the Digital Equity Act yields key legal and policy questions facing the executive branch, Congress and the courts, including how the administration plans to implement the cancellation of the Digital Equity Act's appropriations in the first place, say attorneys at Akin.

  • Robinson-Patman Enforcement May Fizzle Out After PepsiCo

    Author Photo

    After securing an early Robinson-Patman Act victory against the largest wine and spirits distributor in the U.S., the Federal Trade commission's voluntary dismissal of its own enforcement action against PepsiCo throws into doubt the future of the federal statute that prohibits price discrimination and other anticompetitive practices, say attorneys at V&E.

  • Series

    Running Marathons Makes Me A Better Lawyer

    Author Photo

    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Retail & E-Commerce archive.