Retail & E-Commerce

  • November 17, 2025

    Columbia Design Patent Survives Reexam In Seirus Row

    A U.S. Patent and Trademark Office examiner has upheld a Columbia Sportswear clothing design patent challenged by rival Seirus Innovative Accessories Inc. in a reexamination, as the companies continue sparring over the patent's validity in a long-running infringement suit.

  • November 17, 2025

    SAP Proposes Fixes Amid EU Antitrust Probe

    German software giant SAP has offered a set of commitments to European enforcers who raised concerns over maintenance and support services for the company's business management software.

  • November 17, 2025

    Home Depot Fails In Bid To Ditch Slip-And-Fall Suit

    Home Depot must face a man's slip-and-fall lawsuit, a Texas federal judge ruled last week, saying a jury needs to determine whether signage alerting consumers about the potential for slippery floors was at all useful, given that the warning — placed on sliding glass doors — slid out of view when the doors opened.

  • November 17, 2025

    Ohio Asks To Revive Google Common Carrier Case

    The Ohio Attorney General's Office told a state appeals court that Google's search engine meets all the requirements to be declared a common carrier, arguing that a lower court misapplied the law by failing to see information as a good that can be transported.

  • November 17, 2025

    Atty Lowell Gets Delay In EBay Trial Amid NY AG Case Work

    A Massachusetts federal judge on Monday agreed to postpone the trial in a cyberstalking lawsuit against eBay and several former executives at the request of defense attorney Abbe David Lowell, who had cited his ongoing work for several high-profile clients, including New York Attorney General Letitia James in the Trump administration's criminal prosecution.

  • November 17, 2025

    Cos. Seek Wash. Justices' Clarity On Wage Disclosure Reach

    A McDonald's franchise operator and the operator of Jack in the Box restaurants asked the Washington Supreme Court to clear up the reach of a state law requiring job postings to list pay information in two related cases involving Houston Casualty Co.

  • November 17, 2025

    Gibson Dunn Seeks Exit From Josh Cellars TM Royalties Case

    With a February trial date looming, Gibson Dunn & Crutcher LLP has asked a Connecticut state judge's permission to stop representing the former president of a company behind the popular "Josh Cellars" wine brand, claiming unpaid legal bills and an alleged breakdown of the attorney-client relationship require its withdrawal.

  • November 17, 2025

    Cannabis Co. Not Covered In Product Safety Suit, Insurer Says

    A cannabis company is not entitled to coverage for a proposed class action accusing it of misrepresenting the nature and safety of its cannabis-infused products, a Nationwide unit told an Illinois federal court, saying the suit doesn't allege bodily injury, property damage, or personal and advertising injury to trigger coverage.

  • November 14, 2025

    FTC To Make Valvoline, Greenbriar Divest 45 Oil Shops

    The Federal Trade Commission said Friday that it will require Valvoline Inc. and Greenbriar Equity Group LP to divest 45 quick oil change shops to resolve antitrust concerns surrounding the automotive services company's planned acquisition of Breeze Autocare from the private equity firm for $625 million.

  • November 14, 2025

    Lowe's Sheds Suit Over TikTok, Microsoft Trackers

    A California federal judge has thrown out a proposed class action accusing home improvement retailer Lowe's of illegally sharing website visitors' personal data with TikTok and Microsoft, finding that while the plaintiffs had adequately laid out their wiretap claim, they failed to allege the type of concrete injury necessary to sustain their suit.

  • November 14, 2025

    Amazon, New York Square Off Over State's NLRB Fill-In Law

    The state of New York urged a Brooklyn federal judge to reject Amazon's bid to block a law allowing the Empire State's labor board to adjudicate private sector unionization matters and labor-management disputes, a statute that the online retailer says is flatly unconstitutional. 

  • November 14, 2025

    Campbell's Settles With Politician Who Used Soup Can In Ad

    The Campbell's Co. on Friday resolved its trademark fight in federal court with a Michigan congressional candidate for using its iconic can design in her campaign, with the defendant agreeing to stop producing, distributing or using any of Campbell's marks and trade dress in connection with any campaign, fundraising and promotional materials.

  • November 14, 2025

    Cannabis Co. Green Thumb Seeks Toss Of THC Potency Suit

    Green Thumb has urged an Illinois state court to permanently end a proposed class action accusing the cannabis giant and its subsidiaries of mislabeling their products to get around state-mandated THC potency limits, arguing that what the plaintiff-consumers have described is a mistake in law, which is not fraud.

  • November 14, 2025

    Fed. Circ. Clears New Trial On Unicycle Infringement Damages

    The Federal Circuit on Friday ordered a new trial to determine whether Inventist Inc. should receive lost profits after a jury determined Ninebot Inc. infringed its unicycle patent, saying key information was left out that could have impacted the jury's $800,000 award.

  • November 14, 2025

    Amazon Blasts Claim It Destroyed Evidence In Labeling Suit

    Amazon.com Services LLC is fighting calls for sanctions in a proposed class action accusing it of failing to follow federal labeling laws for dietary supplements, saying it shouldn't be penalized for allegedly failing to preserve online product pages for the supplements.

  • November 14, 2025

    Consumers Want 9th Circ. To Recertify Apple IPhone Class

    Apple users want the Ninth Circuit to restore the certification of their antitrust class accusing the technology giant of trapping them within the App Store, arguing a California federal judge improperly front-loaded the identification of individual members, when all that matters is that "nearly 200 million" users were harmed.

  • November 14, 2025

    Hemp Transporter Sues Ill. Cops Over Traffic Stop Seizure

    An entrepreneur who distributes hemp to retailers in St. Louis and Chicago claims in Illinois federal court he is being hassled by local law enforcement, who have unlawfully confiscated much of his Delta-8 inventory and put his business "at risk of collapse," in turn endangering his family's sole source of income.

  • November 14, 2025

    Perkins Coie Sued By Omani Co. Over Trade Case Defense

    An Omani screw manufacturer has launched a legal malpractice suit in Washington state court accusing Perkins Coie LLP of a "series of deadly mistakes" while representing the Middle Eastern company in a U.S. Department of Commerce probe, allegedly leading to steep penalties and tariffs that cost the company hundreds of millions of dollars.

  • November 14, 2025

    Safeway Beats Claims It Falsely Advertised Wine Discount

    Grocery chain Safeway beat a proposed class action alleging that it hawks bogus, limited-time discounts on wine for its rewards members, after a California federal judge said Thursday that the members don't specifically allege how Safeway's representations were false or misleading, since higher, nonmember prices are unquestionably real prices charged to nonmembers. 

  • November 14, 2025

    Fed. Circ. Sends Aaron Judge Slogan TM Case To Panel

    The Federal Circuit agreed to have its merit panel review a Trademark Trial and Appeal Board decision that ruled in favor of baseball star Aaron Judge by prohibiting a Long Island man from registering a trademark for several judicial-themed slogans.

  • November 17, 2025

    CORRECTED: Estate Of Slain Clerk Wins $15.3M In Gaming Co. Suit

    Two gaming machine companies, a convenience store owner, and a convicted murderer have been hit with a $15.3 million verdict in a lawsuit filed by the family of a Pennsylvania store clerk who was fatally shot during a 2020 robbery alleged to have been prompted by the presence of skill games on the premises.

  • November 14, 2025

    Fed. Circ. Clears Fees For Grocer After It Beat Camera IP Suit

    The Federal Circuit on Friday affirmed an order granting attorney fees to a grocery store operator that defeated a camera maker's patent infringement claims, saying the Tennessee federal judge who issued the order had not clearly erred in finding the camera maker had a pattern of frivolous lawsuits.

  • November 14, 2025

    Target Faces 2nd Copyright Suit Over Infant Sleepwear Design

    A Colorado-based baby clothing company told a federal court Friday that Target infringed its registered copyright on several infant sleepwear products, which the company says comes after the retail giant had already been told to pay it $1.2 million in another copyright lawsuit.

  • November 14, 2025

    ByHeart Sued Over Baby Food Botulism Contamination

    A proposed class of consumers is suing ByHeart Inc., alleging that the company failed to warn buyers that its baby formula is contaminated with Clostridium botulinum, which can cause rare but potentially fatal infant botulism.

  • November 14, 2025

    PetSmart Settles Deceptive Training Contracts Suit For $225K

    PetSmart agreed to pay the state of Colorado $225,000 to end a suit accusing it of tricking dog groomers into contracts with training repayment agreement provisions that forced them to pay up to $5,500 if they left the company before working there for two years, the state's attorney general said.

Expert Analysis

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Assessing Strategies For Mixed-Use Pro Sports Projects

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    Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • NY Tax Talk: ALJ Vacancy, Online Sales, Budget

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    Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • Lessons Learned 3 Years After First CCPA Enforcement Action

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    Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.

  • A Look At Robinson-Patman Enforcement In The MLM Industry

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    The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.

  • How Proposed FAA Rule May Streamline Drone Operations

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    The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • What Patent Claim 'Invalidity' Means In Different Forums

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    A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • 9th Circ. Leaves Scope Of CIPA Applicability Unclear

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    Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

  • USPTO's AI Tool Redefines Design Patent Landscape

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    The U.S. Patent and Trademark Office's newly introduced DesignVision tool for artificial intelligence-powered image searching represents a dramatic shift in how design patent applications are examined, necessitating new strategies for patent practitioners, says Matthew Epstein at Dinsmore.

  • Legal Jeopardy Looms Over Trump's Trade Negotiation Plans

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    Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.

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