Retail & E-Commerce

  • April 03, 2025

    Rent-A-Center Faces PAGA Suit Over Unpaid OT Claims

    A rent-to-own company and several alter-ego companies pressured employees to meet productivity quotas despite being understaffed and discouraged them from recording off-the-clock work, a worker alleged in a suit brought under California's Private Attorneys General Act in state court.

  • April 03, 2025

    Amazon Bids For TikTok As US Ban Nears, And More Rumors

    Amazon has emerged as a last-minute bidder for TikTok, which faces a looming ban in the United States if the popular video app is not separated from its own Chinese owner, while two of China's biggest automakers are pursuing a merger and Brookfield Asset Management is finalizing a deal to acquire Colonial Pipeline Inc. for more than $9 billion.

  • April 03, 2025

    Diageo GC Resigns For Top Legal Role At Thermo Fisher

    The general counsel at Diageo PLC will depart the British spirits maker for a similar position at biotechnology company Thermo Fisher Scientific Inc., he announced in a LinkedIn post.

  • April 03, 2025

    Accountant Cleared To Testify In Malpractice Case Against Her

    An accountant accused of malpractice can testify about whether her actions were reasonable when she allegedly failed to tell a client about a change in tax law stemming from the U.S. Supreme Court's Wayfair decision, a state Business Court judge has ruled.

  • April 03, 2025

    SunSetter To Pay $9M Over Defective Awning Covers

    A Massachusetts awning manufacturer will pay $9.25 million and implement a new compliance program to settle civil claims that it failed to report defective awning covers to the Consumer Product Safety Commission, allegedly leading to multiple injuries and at least one death.

  • April 02, 2025

    Bigelow VP Didn't Want Name In Emails About 'USA' Label

    A former R.C. Bigelow vice president testified Wednesday in a trial over the labeling of its products as "manufactured in the USA," agreeing that he once told a Bigelow executive he wished his name wasn't connected to the label, which a California federal judge has found to be false.

  • April 02, 2025

    Sprouts Hid Unsafe Heavy Metal In Sunflower Butter, Suit Says

    Sprouts Farmers Market misleads customers into thinking its sunflower butter spreads sold under Sprouts' own brand is made with high-quality protein and safe to consume, despite containing dangerous levels of cadmium, which poses serious health risks, according to a proposed class action filed Wednesday in California federal court. 

  • April 02, 2025

    Jack in the Box Accused Of Killing Wash. Franchise Deals

    Two Jack in the Box Inc. franchisees claim the fast-food chain is using a series of recent closures as a pretext to seize the nearly 40 other financially viable locations they operate across Washington state, according to a new lawsuit seeking to stop the alleged takeover.

  • April 02, 2025

    Parents, Distributor Settle Suit Over Baby Lounger Death

    The distributor of an infant lounger and a Texas couple who allege that their 7-month-old daughter died after falling out of the device told a Texas federal court this week that they had reached a deal in the parents' suit.

  • April 02, 2025

    Opendoor To Settle Shareholders' Real Estate Tech Suit

    Investors in real estate firm Opendoor Technologies Inc. said in a court filing Wednesday that they've struck a deal to end a lawsuit accusing the company of overhyping its pricing algorithm software prior to going public in a reverse merger with a special-purpose acquisition company.

  • April 02, 2025

    Kove Wants Fed. Circ. To Back $673M IP Win Against Amazon

    Software company Kove IO Inc. is defending a $673 million judgment it secured against Amazon in Illinois federal court last year, contesting Amazon's argument on appeal that the figure was won using cloud data storage patents that should be invalidated.

  • April 02, 2025

    Shooting Victim Can't Get $1M Under Policy, Berkshire Says

    A man shot during an armed robbery at a convenience store isn't owed the full $1 million limit toward an underlying $1.5 million consent judgment he reached against the property owner, a Berkshire Hathaway unit said Wednesday, arguing that the man doesn't qualify as an insured.

  • April 02, 2025

    Colo. Regulators Want Pot Grower's Enforcement Suit Tossed

    The Colorado Department of Revenue is urging a state court to throw out a suit by a cannabis farm alleging that the Marijuana Enforcement Division has failed to enforce its regulations, saying that there's no final agency action for the farm to challenge in the courts.

  • April 02, 2025

    CVS Asserts DOJ's Opioid Prescription Suit Lacks Facts

    CVS Pharmacy Inc. has told a Rhode Island federal judge that most of the U.S. Department of Justice's claims that it knowingly filed invalid prescriptions for opioids should be tossed, saying the agency failed to adequately allege the company willfully put profits over safety.

  • April 02, 2025

    Amazon Worker Can't File Amended Military Leave Suit

    It's too late for a former Amazon employee to add a claim that the company put up barriers for workers requesting active duty leave in her suit accusing the commerce giant of failing to fully provide the paid leave for service member employees, a New York federal judge ruled.

  • April 02, 2025

    Amazon Delivery Partner Faces Wage, Breaks Suit In Calif.

    An Amazon delivery service partner offering delivery and assembly of large items didn't pay employees for all hours worked, violated rest breaks law and paid just $5 per pay period to cover their cellphone expenses, according to a proposed class action in California state court.

  • April 02, 2025

    Bidi Vapor Says FDA Denial Of E-Cig Was Unlawful

    Vape company Bidi Vapor LLC urged the Eleventh Circuit on Wednesday to reverse a U.S. Food and Drug Administration decision denying its application to market a disposable e-cigarette, saying the agency acted unlawfully and ignored evidence the company presented.

  • April 02, 2025

    Walgreens Ignoring Requests To Stop Emails, Suit Says

    Walgreens floods customers' inboxes with "incessant spam" and ignores any attempt to unsubscribe from the retailer's mailing list, according to a proposed class action filed in Massachusetts state court.

  • April 02, 2025

    Hemp Shop's Suit Over Cops' Raid, Arrests Tossed For Good

    A Texas federal judge has dismissed with prejudice a hemp shop owner's suit alleging that city of Port Lavaca police illegally raided her shop and arrested her and an employee on suspicion of selling illegal cannabis.

  • April 02, 2025

    Ohio Brewery Challenges Pa. Beer Import Shipping Limits

    A Cincinnati microbrewery says Pennsylvania laws that restrict how much beer an out-of-state producer can ship to customers in the Keystone State is an unfair burden on businesses and a violation of the U.S. Constitution's dormant commerce clause, according to a lawsuit in federal court.

  • April 02, 2025

    3rd Circ. Says CVS Sex Bias Arbitration Fight Needs 2nd Look

    The Third Circuit on Wednesday rejected a former CVS worker's argument that a 2022 federal law shielded her sex harassment case from mandatory arbitration, but it revived her suit to give the trial court a chance to explore whether the arbitration pact at issue was valid.

  • April 02, 2025

    Justices Broaden RICO Reach To Personal Injuries

    The U.S. Supreme Court on Wednesday expanded the type of civil actions that can be brought under a federal racketeering statute, asserting that claims stemming from personal injuries are redressable if they can be shown to have caused economic harm.

  • April 01, 2025

    Bigelow Waved The Flag While Selling Foreign Tea, Jury Told

    R.C. Bigelow Inc. falsely advertised its foreign-grown teas as "manufactured in the USA" in a deceitful effort to play on customers' patriotic sentiments, counsel for a certified class of Golden State tea buyers told jurors as a damages trial opened in California federal court Tuesday.

  • April 01, 2025

    Surfboard Maker Resolves $1.3M Patent Fight With Rival

    A Puerto Rico surfboard manufacturer said Tuesday that it has ended its patent case against a Chinese company that was told by a jury two years ago to pay more than $1.3 million in royalties for infringing patents covering a newer kind of board that keeps surfers above water.

  • April 01, 2025

    Estée Lauder Must Face Investors' Suit Over Inflated Growth

    Estée Lauder investors have successfully pled the cosmetics company and its top brass made several misleading omissions and statements and opinions "mired in half-truths" in their suit alleging that the company announced unrealistic expectations for growth early in the COVID-19 pandemic, a New York federal judge ruled Monday.

Expert Analysis

  • A Legal Perspective On NYC's Retail Real Estate Evolution

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    As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.

  • The Fashion Industry Should Prep Now For State PFAS Bans

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    New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.

  • How Boards And Officers Should Prep For New Trump Admin

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    In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.

  • Implementing Human Rights Due Diligence

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    The Bureau of Industry and Security’s recent removal of a Canadian surveillance provider from its export blacklist, after just eight months, illustrates the importance of integrating human rights due diligence into the vetting process by asking a few targeted questions, say attorneys at Cravath.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • 9th Circ.'s High Bar May Limit Keyword Confusion TM Claims

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    A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.

  • Key Points From New Maritime Oil Price Cap Advisory

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    The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.

  • NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

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    The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.

  • Best Practices For Influencer Trademark Protection

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    Though the Trademark Trial and Appeal Board recently decided that an influencer couldn't qualify for a retail services trademark registration for posting affiliate links to a third-party website, there are other trademark protections that influencers can pursue for their branding and marketing services, say attorneys at Nixon Peabody.

  • Takeaways From Final Regulations For China Investment Ban

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    ​The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • Recent Listeria Outbreaks Hold Key Compliance Lessons

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    Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • What Cos. Can Learn from Water Microplastics Class Actions

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    Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.

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