Retail & E-Commerce

  • June 05, 2025

    DOJ Says Cross-Border Monopoly Member Deserves 11 Years

    The U.S. Department of Justice is seeking 11 years in prison and a $2 million fine for a man who pled guilty to charges tied to the running of a cross-border used-car transport business, which prosecutors say used violence to keep competition at bay.

  • June 05, 2025

    Tenn. To Add New Tax To CBD And Delta-8 Products

    Tennessee is set to impose a new wholesale tax structure on hemp-derived THC products, eliminating its 6% retail sales tax at the beginning of 2026, according to a notice published Thursday.

  • June 05, 2025

    Juul Beats Distributor's E-Cig Price Discrimination Suit

    An Illinois federal judge Wednesday permanently dismissed a price discrimination suit against Juul Labs, finding that a gas station distributor alleging it was given worse terms than a rival on e-cigarette products torpedoed its own case when it removed details of the alleged market from its latest complaint.

  • June 05, 2025

    Spice Co. Hid Lead Levels In Products, Suit Claims

    Florida-based Badia Spices sold ground ginger and cinnamon with elevated levels of lead, according to a New York federal lawsuit that leans on laboratory testing conducted by state food safety regulators.

  • June 05, 2025

    Major Co. Group Asks Full Fed. Circ. To Review Lashify ITC Case

    A coalition representing big companies including Google and Apple is backing the U.S. International Trade Commission's request that the Federal Circuit rethink its finding that the commission had been wrongly barring domestic expenses related to sales, marketing and other activities from ITC patent cases.

  • June 05, 2025

    CVS Sued Over Health Plan's Tobacco, Spousal Surcharges

    A CVS employee brought the pharmacy retailer into California state court Wednesday alleging in a proposed class action it discriminatorily imposes illegal surcharges to its health insurance participants who use tobacco or want to add their spouses to their plans as dependents, in violation of state and federal benefits laws.

  • June 05, 2025

    Google Dodges Some Claims In Book Publishers' Piracy Suit

    A lawsuit from textbook publishers against Google over the advertisement of pirated books is proceeding with fewer claims, after a Manhattan federal judge dismissed allegations of secondary copyright infringement but maintained a claim that the major tech company violated trademarks through its ads.

  • June 05, 2025

    Connecticut Lawmakers OK Bill Targeting Illicit THC

    Legislators in Connecticut have approved a bill cracking down on illicit marijuana and hemp product sales outside the state's regulated marketplace.

  • June 05, 2025

    3 Firms Advise On $1.7B Sale Of Kleenex Maker Majority Stake

    Kirkland & Ellis LLP and Baker McKenzie LLP are guiding Kimberly-Clark Corp. on a deal to sell a majority stake in its international tissue business to Freshfields LLP-advised Brazilian paper producer Suzano, in a deal announced Thursday that values the business at about $3.4 billion. 

  • June 05, 2025

    High Court Drops Class Cert. Clarification Bid

    The U.S. Supreme Court declined Thursday to weigh in on whether federal courts can certify classes that include uninjured members, holding it improperly agreed to hear a disability discrimination case against diagnostics company Labcorp that raised the important question.

  • June 05, 2025

    Justices Nix Mexico's Cartel Violence Suit In Win For Gun Cos.

    The U.S. Supreme Court on Thursday threw out a suit by the government of Mexico against Smith & Wesson and other major gun companies, finding in a unanimous opinion that the alleged ties between the firearms makers and cartel violence south of the border are too speculative to stand up in court.

  • June 04, 2025

    Apple Loses Bid To Pause App Store Order Amid Appeal

    A Ninth Circuit panel Wednesday refused to lift a lower court's injunction mandating certain App Store policy changes while Apple appeals it, saying that it wasn't "persuaded that a stay is appropriate" in the high-profile litigation brought by Epic Games.

  • June 04, 2025

    Judge Wants To Know Why Auctioneer Sued Atlanta Braves

    A Texas federal judge asked auctioneer Heritage Vintage Sports why it had sued the Atlanta Braves after the team leaked a cease and desist letter to the press in Georgia, saying during a hearing Wednesday in the auctioneer's defamation suit that other parties had certainly challenged the validity of auctioned items before.

  • June 04, 2025

    Walmart Slip-And-Fall Suit Must Go To Trial, 4th Circ. Rules

    Walmart can't argue it had no duty to treat a specific patch of black ice that caused a woman's slip and fall after a winter storm, the Fourth Circuit ruled Wednesday, saying that a winter storm puts retailers on notice that their entire parking lot had become a potential hazard for customers.

  • June 04, 2025

    NBA, Online Retailers Settle Knockoff Sales Dispute

    Eight online retailers have agreed to stop selling and distributing counterfeit NBA-branded products, according to a consent judgment a Chicago federal judge approved Wednesday between the retailers and the league's licensing arm.

  • June 04, 2025

    NC Biz Court Bulletin: TikTok Tussle And Merger Melee

    Spring has sprung momentous decisions and quiet resolutions in some of the North Carolina Business Court's top cases, from clearing for trial the attorney general's suit over a hospital's post-merger standard of care to Cadwalader Wickersham & Taft LLP dropping its coverage dispute over a 2022 data breach.

  • June 04, 2025

    Dish Wants Court To Act On T-Mobile Case Discovery Dispute

    Dish told an Illinois federal judge it is at an impasse with wireless customer plaintiffs seeking documents in their case against T-Mobile over its 2020 acquisition of Sprint, saying it met with the plaintiffs four times regarding their subpoenas, but the sides have been unable to find a compromise.

  • June 04, 2025

    DOJ Won't Have To Give Agri Stats Specific Data Fields

    A Minnesota federal court refused to force the U.S. Department of Justice to identify specific data fields in industry reports produced by Agri Stats that allegedly allow meat processors to share sensitive information, finding the case is not centered on individual data points.

  • June 04, 2025

    FTC Can't Exclude TikTok Blackout From Meta Case

    Meta Platforms can point to TikTok briefly going dark at the beginning of 2025 as it tries to fend off claims that it is monopolizing the social media market, after a D.C. federal judge refused to let the Federal Trade Commission lock the case to evidence from the year 2023.

  • June 04, 2025

    Lowe's Ex-Manager Drops Racial Bias, Retaliation Case

    A former Lowe's Companies Inc. manager has agreed to drop her case against the home improvement retailer, in which she alleged she was treated differently, retaliated against and later fired for being Black.

  • June 04, 2025

    Judge Won't Block Amazon From Talking To Depo Witnesses

    A federal judge on Tuesday rejected the Federal Trade Commission's bid, in its antitrust case against Amazon, seeking to block lawyers representing the e-commerce giant from conferring with witnesses during breaks in their depositions.

  • June 04, 2025

    Vape Cos. Urge 5th Circ. To Toss FDA Vape Marketing Rule

    A group of small e-cigarette companies is asking the Fifth Circuit to revive their suit challenging the U.S. Food and Drug Administration's rule for premarket authorization of new tobacco products, saying the FDA failed to account for how the rule would affect small businesses.

  • June 04, 2025

    Chancery Strips Amazon, Others From $1.3B Zoox Merger Suit

    Delaware's chancellor has kept alive breach of fiduciary duty claims against most directors and two officers of self-driving taxi venture Zoox Inc. over its $1.3 billion acquisition by Amazon, while dismissing Amazon itself and rejecting stockholder fee-shifting claims.

  • June 04, 2025

    Agent Seeks Toss Of Insurer's $1M Reinsurance Loss Suit

    An insurance company's suit alleging that an insurance agent's errors cost the company its reinsurance through the Federal Crop Insurance Corp. should be tossed, the agent told a Michigan federal court, arguing that the claims are time-barred and have already been litigated.

  • June 04, 2025

    Post Reacquiring Brands Including Ronzoni Pasta For $880M

    Post Holdings Inc. has agreed to acquire 8th Avenue Food & Provisions Inc. in a transaction valued at approximately $880 million, including the assumption of debt, as the packaged goods company looks to expand in private label and dry grocery categories — and brings several legacy assets back under its control.

Expert Analysis

  • Series

    Illinois Banking Brief: All The Notable Legal Updates In Q4

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    While the last quarter of 2024 didn't bring any notable state financial legislation, Illinois banks did see developments in the challenge to the Interchange Fee Prohibition Act, and received some awaited guidance on credit line disclosures and bank-fintech relationships, say attorneys at Dykema.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • How Trump 2.0 May Change Business In Latin America

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    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.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    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.

  • When Judging Product Label Claims, Follow The Asterisk

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    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.

  • Complying With Seasonal Product Labeling Requirements

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    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.

  • 2 Cases May Enlighten UK Funds' Securities Litigation Path

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    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.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    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.

  • How To Manage During A Trade Dispute With USMCA Partners

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    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.

  • 3 Factors Affecting Retail M&A Deals In 2025

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    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.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    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.

  • Searching For Insight On Requested Google Chrome Remedy

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    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.

  • Lessons Learned From 2024's Top ADA Decisions

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    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.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    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.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    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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