Retail & E-Commerce

  • November 21, 2025

    IP Notebook: Kahwa Mix-Up, WallStreetBets, Hotel California

    This round of Law360's look at emerging copyright and trademark issues includes a Federal Circuit case over an obscure tea drink and a nod to the Eagles' "Hotel California" in a precedential decision that is a primer on having an actual intent to use a trademark.

  • November 21, 2025

    Cannabis Co. Drops Rival From Trade Secrets Suit

    New Jersey cannabis products maker Kushi Labs LLC will continue its federal lawsuit against ex-employees it claims stole confidential trade secrets, but it has agreed to drop claims against the rival manufacturer for which the workers left Kushi.

  • November 21, 2025

    Squires Issues 57 More PTAB Denials, Broken Out By Type

    U.S. Patent and Trademark Office Director John Squires has rejected another 57 petitions challenging patents under the America Invents Act and for the first time differentiated between those denied for discretionary reasons and those denied on the merits.

  • November 21, 2025

    MGA Can Take IP Fight Over Dolls To 9th Circ. Before Retrial

    A California federal judge on Thursday allowed toy giant MGA Entertainment Inc. to ask the Ninth Circuit if a judge or jury should consider whether hip hop moguls Clifford and Tameka Harris are entitled to punitive damages in long-running litigation over the alleged use of their intellectual property in an MGA line of dolls. 

  • November 21, 2025

    Apple Buyers Defend Smartphone, Watch Monopoly Case

    Groups of buyers accusing Apple of monopolizing smartphone and smartwatch markets told a New Jersey federal court the multidistrict litigation concerns the same allegations that recently survived dismissal in a government action.

  • November 21, 2025

    E-Cig Companies, NYC Agree On $1K Fines For Flavored Vapes

    New York City has settled claims with two e-cigarette wholesalers that have agreed to stop pushing flavored vapes within the five boroughs and to pay $1,000 fines for future violations, while litigation continues against other companies that are accused of flooding the market with illegal products.

  • November 21, 2025

    Google Ad Tech Judge 'Concerned' By DOJ's Breakup Timing

    A Virginia federal judge expressed concern during oral arguments Friday that breaking up Google's advertising placement technology business could take too long to help the market in the face of the company's anticipated appeal of the monopolization ruling won by the U.S. Department of Justice.

  • November 21, 2025

    3rd Circ. Panel Will Rethink Solar Panels Fraud Suit Dismissal

    The Third Circuit granted a panel rehearing Friday for an elderly New Jersey woman who accused two solar panel financiers of saddling her with a nearly $100,000 debt after she was tricked into getting rooftop solar panels she believed would be free.

  • November 21, 2025

    Nike Worker Blows Whistle On Alleged Wash. Wage Violations

    A Pacific Northwest retail worker is calling foul on Nike for allegedly denying employees rest and meal breaks, sick leave, overtime pay and other wages owed, according to a new lawsuit in Washington state court.

  • November 21, 2025

    Nicklaus' Golf Cos. File Ch. 11 With $500M+ Liabilities

    Nicklaus Companies LLC, the sporting gear and golf course design company founded by legend Jack Nicklaus, and 11 affiliates filed for bankruptcy in Delaware on Friday, as it disputes a $50 million jury award in favor of the 85-year-old retired golfer in his defamation suit against the company.

  • November 21, 2025

    Ruger's $1.5M Data Breach Deal Heads For Final OK

    A proposed class of data breach victims has asked a federal judge to issue final approval of a $1.5 million settlement with Connecticut-based gunmaker Sturm, Ruger & Co. and a New Jersey web developer, along with $500,000 in fees to attorneys with four firms including Siri & Glimstad LLP.

  • November 21, 2025

    Atty Had 6 AI Tools Check Each Other, Yet Fakes Still Cited

    A California federal judge has sanctioned a solo practitioner representing the plaintiffs in a proposed wage and hour class action against clothing brand Vuori Inc. after he admitted to using about a half-dozen artificial intelligence tools to prepare a motion.

  • November 21, 2025

    Trump Excludes Some Brazilian Foods From Higher Tariffs

    President Donald Trump has excluded many Brazilian food products from a 40% tariff, including coffee, cocoa, beef and fruits, after receiving word initial progress has been made in ongoing trade negotiations, according to an executive order.

  • November 20, 2025

    Target Investors' Pride Month Merch Suit Shipped To Minn.

    A consolidated set of shareholder class actions against Target Corp. over its 2023 Pride Month marketing campaign has been relocated from Florida to Minnesota, where the company is headquartered.

  • November 20, 2025

    Keurig Buyers Denied Class Cert. In K-Cup Antitrust Row

    A New York federal judge on Thursday denied class certification to direct purchasers of Keurig K-Cups who accuse the coffee machine company of stifling competition, saying the coffee pod buyers failed to show that common questions predominate those affecting only individual class members, particularly when it comes to antitrust injury.

  • November 20, 2025

    USPTO Decries Instacart's 'Road Mapping' Claim At Fed. Circ.

    The U.S. Patent and Trademark Office is urging the Federal Circuit to turn away Instacart's challenge to the agency's relatively new procedures for discretionarily denying Patent Trial and Appeal Board petitions, noting the court recently rejected three similar bids.

  • November 20, 2025

    Hisense USA Overhypes TVs As 'QLED,' False Ad Suit Says

    Hisense USA customers filed a proposed class action in California federal court on Wednesday, accusing it of falsely marketing its televisions as implementing QLED displays that help deliver brighter pictures, even though they either do not contain that technology or contain such negligible amounts that do not materially boost performance or display outputs.

  • November 20, 2025

    Importers Left With Uncertainty After US-China Trade Truce

    U.S. importers have welcomed the latest trade truce with China and the ability to obtain key minerals without new licensing requirements for the next year, but continue to have questions about how commitments in the bilateral agreement will be met and concerns about risks of escalation.

  • November 20, 2025

    NY Medical Cannabis Cos. Say State Flubbed Enforcement

    The large, vertically integrated companies that make up New York's medical cannabis trade have accused New York's marijuana regulators in state court of failing to halt the flow of illicit pot products into the state's regulated marketplace.

  • November 20, 2025

    Data Breach Suit Against Circle K Franchisee Wraps Up

    A group of ex-workers who sued a franchisee of gas and convenience store chain Circle K over a May 2024 data breach have agreed to end their proposed class action, according to a Georgia federal court filing. 

  • November 20, 2025

    Conn. Faces Tough 2nd Circ. In 3M PFAS Enforcement Dispute

    A Second Circuit panel on Thursday appeared receptive to 3M's argument that Connecticut's state lawsuit accusing it of polluting the environment with forever chemicals contained in consumer products actually belongs in federal court, where a similar lawsuit against the company is playing out.

  • November 20, 2025

    Ill. Justices Back Walgreens In Receipt Class Standing Fight

    A Walgreens customer looking to hold the company liable for allegedly printing too much financial information on consumers' receipts should not have won class certification in her case because she lacked standing to bring her claims, the Illinois Supreme Court said Thursday.

  • November 20, 2025

    Adidas Must Face Claim It Shared Info With Microsoft, TikTok

    A California federal judge has denied a motion from Adidas to toss a proposed class action alleging the apparel company violated a California privacy statute by placing tracking pixels from TikTok Pixel and Microsoft Bing on its website, finding the trackers plausibly constitute a "pen register" under state law. 

  • November 20, 2025

    Meta Loss Shows Time Not On Enforcers' Side In Tech Cases

    Meta's triumph over a Federal Trade Commission antitrust case Tuesday hinged on a D.C. federal judge's finding that the company lacks a monopoly in the present day, highlighting some of the challenges of using slow-moving litigation to challenge fast-moving markets.

  • November 20, 2025

    Unlockd Is Latest Google Foe To Seek Judge's Recusal

    Unlockd Media has become at least the second Google antitrust foe to seek the recusal of U.S. District Judge Haywood S. Gilliam Jr. over his close relationship with Google's vice president for litigation and discovery.

Expert Analysis

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • Latest Influencer Marketing Class Actions Pinpoint 5 Themes

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    Several recent deceptive marketing class actions against both brands and influencers attempt to transform arguably routine business practices into a new focus area for consumer complaints, suggesting a coordinated approach to test what could become an increasingly popular area of litigation, say attorneys at Morgan Lewis.

  • Dupes Boom Spurs IP Risks, Opportunities For Investors

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    The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.

  • A Look At Trump Admin's Shifting Strategies To Curtail CFPB

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    The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • 4 Consumer Class Action Trends To Watch In 2nd Half Of 2025

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    The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • Fed. Circ. In May: Evaluating Opportunistic Trademark Filings

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    The Federal Circuit's decision last month in the "US Space Force" trademark case gives the Trademark Trial and Appeal Board additional clarity when working through opportunistic trademark filings, particularly when the mark's value is primarily due to the potential value of a false connection, say attorneys at Knobbe Martens.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • Focusing On Fluoride: From FDA To Class Action

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    A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.

  • A Guide To Permanent Capital Vehicles As Access Widens

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    Recent regulatory and legislative actions are making it easier for retail investors to access permanent capital vehicles like closed-end, interval, tender offer and open-end funds, which each offer distinct advantages that are important to review, say attorneys at Mayer Brown.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

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