Retail & E-Commerce

  • May 05, 2025

    Iowa E-Cigarette Law Paused Over Federal Preemption

    An Iowa federal judge has blocked enforcement of a new state law banning the sale of certain e-cigarettes while a legal challenge to the policy plays out, with the court finding the law at issue in the suit is likely preempted by federal law.

  • May 05, 2025

    Animal Toy Co. Can't Stop More Expert Discovery In TM Spat

    A Colorado federal judge rejected Kong Co.'s request to reconsider a magistrate judge's decision to let it and the former collaborators it's suing to disclose an additional expert witness, after the animal toy maker accused the defendants destroying evidence of trademark infringement on social media and website accounts.

  • May 05, 2025

    Officials Seek More Depo Time In Live Nation Antitrust Suit

    U.S. officials have asked a Manhattan federal court to extend deposition time in a lawsuit accusing Live Nation of anticompetitive practices in ticket sales to live entertainment events, saying they need more hours to seek testimony from several entities and individuals who were recently disclosed in the case.

  • May 05, 2025

    PTAB Judge Wins $125K For Whistleblowing Retaliation

    The U.S. Patent and Trademark Office must pay a Patent Trial and Appeal Board judge more than $125,000 to compensate for retaliation he experienced due to speaking out about misconduct, the Merit Systems Protection Board has ruled.

  • May 05, 2025

    Levi Strauss Beats Former Exec's Sex-Bias Suit At Trial

    A California federal jury Monday cleared Levi Strauss of sex-bias claims brought by a former company executive who claims she was skipped over for a senior director's role after announcing her pregnancy, reaching their decision in about 20 minutes after a one-week trial.

  • May 05, 2025

    Meta Users Refused 9th Circ. Appeal On Data Pay Cert Denial

    A Ninth Circuit panel summarily refused to permit Meta Platforms Inc. users to immediately appeal a district court decision rejecting class certification for their antitrust case alleging the social media giant would have had to pay for their data if it didn't lie about privacy safeguards.

  • May 05, 2025

    Feds Say Calif. Tribe's Challenge To Cig Ruling Is 'Fruitless'

    The federal government is urging a California federal court not to pause a ruling affirming the Bureau of Alcohol, Tobacco, Firearms and Explosives' decision to place a native tribe on a noncompliance list over cigarette sales, saying the tribe shouldn't be able to upend the status quo as it pursues a "fruitless" appeal to the Ninth Circuit.

  • May 05, 2025

    FB Exec Saw Messaging Apps As Threat, But Not WhatsApp

    A former top Meta executive for Facebook Messenger and Instagram provided limited backing Monday for Federal Trade Commission allegations the company bought WhatsApp and Instagram to squelch competition, telling a D.C. federal judge that while he saw messaging apps as a real threat, those worries didn't include WhatsApp.

  • May 05, 2025

    Rite Aid Hits Bankruptcy Less Than A Year After Previous Ch. 11

    Drugstore chain Rite Aid Corp. reentered bankruptcy Monday less than a year after its earlier reorganization plan was approved, filing for Chapter 11 protection in New Jersey bankruptcy court with more than $1 billion in debt and plans for an asset sale.

  • May 05, 2025

    Late Amazon Worker's Life Insurance Suit Delayed By 2 Months

    An Ohio federal judge on Friday delayed an upcoming trial over a late Amazon worker's life insurance policy by about two months but declined to convert it to a bench trial at this point, saying the request to proceed without a jury was premature.

  • May 05, 2025

    Ex-Supervisor Says Carvana Fired Him Because Of Disability

    A former manager for used car giant Carvana has hit the company with a lawsuit alleging that he was fired for taking time off while disabled and that the company told him as much when it let him go last year.

  • May 05, 2025

    Amazon Seeks To Exit Prime Subscribers' Slow Delivery Suit

    Amazon is urging a Washington federal judge to toss a proposed nationwide class action accusing the e-commerce giant of excluding Prime members in poorer ZIP codes from expedited delivery benefits, saying its subscription terms have always informed customers upfront that shipping speeds vary by geographic area.

  • May 05, 2025

    Sunoco Expands Into Canada With $9.1B Parkland Acquisition

    Sunoco LP on Monday said it has agreed to buy Canadian gas station and refinery operator Parkland Corp. in a cash and equity deal worth approximately $9.1 billion, including assumed debt, a deal that greatly expands Sunoco's North American fuel distribution business.

  • May 05, 2025

    Skechers Inks $9.4B Take-Private Deal Guided By 3 Firms

    Private equity firm 3G Capital will take footwear giant Skechers private for $9.4 billion in a deal guided by three law firms amid an ongoing trade war that has rattled retailers, the parties announced Monday.

  • May 05, 2025

    2nd Circ. Revives Estee Lauder Worker's Wage Claims

    The Second Circuit partly reinstated a former employee's lawsuit against cosmetics company Estee Lauder on Monday, saying she put forward enough details to support her unpaid overtime claims but not her race, gender orientation and age bias allegations.

  • May 05, 2025

    Agri Stats Wants Judge Recused From DOJ Case

    Agri Stats asked the Minnesota federal judge overseeing the government's case accusing the data firm of helping meat processors exchange sensitive information to recuse himself because one of his law clerks previously worked on the case for one of the state enforcers.

  • May 05, 2025

    NFL, Retail Group Back NBA In Video Privacy Fight

    The National Football League and a retail industry group filed separate briefs supporting the National Basketball Association's bid for the U.S. Supreme Court to let it out of a video privacy class action over its video viewing data practices, arguing that the Second Circuit stretched the relevant law beyond Congress' intent.

  • May 05, 2025

    High Court Won't Consider Reviving $13M Patent Verdict

    The U.S. Supreme Court on Monday said it would not review a question of vicarious liability prompted by the Federal Circuit erasing CloudofChange LLC's $13 million infringement trial win over NCR Corp. 

  • May 05, 2025

    Justices Skip Recusal Case Over Fitbit Judge's Google Ties

    The U.S. Supreme Court on Monday declined to consider a patent owner's argument that a California federal judge should have recused herself from an infringement suit against Fitbit due to her alleged financial ties to the wearable tech company's parent, Google.

  • May 02, 2025

    Ex-Abercrombie CEO Isn't Fit To Stand Trial, Judge Agrees

    A New York federal judge Friday held that former Abercrombie & Fitch Co. CEO Michael Jeffries is indeed incapable of understanding the sex trafficking litigation against him and must be hospitalized for a few months to determine "whether his competency may be restored."

  • May 02, 2025

    Abbott Beats Bellwether In Formula MDL Ahead Of Trial

    An Illinois federal judge Friday held that Abbott Laboratories isn't liable for the death of a baby who consumed its Similac baby formula, entering judgment in favor of Abbott in a bellwether case in multidistrict litigation that was set to head to trial in a little over a week.

  • May 02, 2025

    Gores Group's Latest SPAC Leads 3 IPOs Totaling $792M

    Gores Holdings X Inc., the latest of several special purpose acquisition companies formed by private equity firm The Gores Group, began trading Friday after pricing an upsized $312 million IPO, the largest of three new SPAC listings totaling $792 million.

  • May 02, 2025

    O'Reilly Auto Pregnant Worker Suit Geared Up For Wash. Trial

    The Washington State Attorney General's Office may proceed to trial with claims that O'Reilly Auto denied pregnant employees' accommodation requests it was legally required to grant, an Evergreen State judge said Friday, while trimming certain retaliation claims from the suit.

  • May 02, 2025

    Real Estate Recap: Budget Cuts, Student Housing, Old Malls

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including real estate takeaways from President Donald Trump's proposed federal budget cuts and two asset classes attracting attention.

  • May 02, 2025

    Mozilla Says Google Search Remedies Are Major Threat

    A Mozilla executive told a D.C. federal court on Friday that preventing Google from sharing revenue from its search ads would eliminate the nonprofit browser developer's primary source of income.

Expert Analysis

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger

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    The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • More Environmental Claims, More Greenwashing Challenges

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    As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.

  • Overseas Investment Rule Calls For Compliance Caution

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    Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.

  • Calif. Cannabis Decision Deepens Commerce Clause Divide

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    In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • Influencer IP Case Risks Judges Becoming Arbiters Of 'Vibes'

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    The case of Gifford v. Sheil, pending in Texas federal court, involves an influencer alleging that distinctive social media aesthetics constitute protectable property, and reflects a troubling trend: the overreach of intellectual property law in areas better left for creative freedom, say attorneys at Holland & Knight.

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