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Retail & E-Commerce
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April 23, 2025
FDA Warns Of Health Risks In Topical Hair Loss Drug
The U.S. Food and Drug Administration on Wednesday alerted healthcare providers, pharmaceutical compounders and consumers about potential safety risks tied to certain hair loss treatment products, citing reports of persistent adverse side effects, including sexual dysfunction, depression and suicidal thoughts.
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April 23, 2025
Curaleaf Sues Ex-VP For Alleged Breach Of Noncompete
Cannabis company Curaleaf sued a former executive in Florida federal court Wednesday, alleging she breached her employment agreement and may have shared confidential information when she jumped ship to competitor Jushi.
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April 23, 2025
NC Justice Hammers Home Depot's Reading Of Sales Law
A North Carolina Supreme Court justice reminded Home Depot on Wednesday that it was arguing to "a lot of textualists" in a case about the state's ban on referral sales programs, with the justice suggesting the language in the law does not require a showing of inducement to prove harm.
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April 23, 2025
Pool Co. Wants Rival's CEO Arrested For Unpaid $17M Verdict
A U.S. pool parts supplier wants the owner of a rival Chinese business arrested after months of allegedly dodging court orders demanding information on company assets to satisfy a $17 million false advertising and deceptive business practices judgment.
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April 23, 2025
Wash. AG Tries To Move O'Reilly Pregnancy Bias Suit To Trial
The Washington State Attorney General's Office is fighting O'Reilly Auto's recent bid to avoid trial in an employment discrimination case, pointing to evidence it claims shows the company "mocked and otherwise discriminated against pregnant workers, and retaliated against them for being pregnant."
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April 23, 2025
Costco Hit With Suit Over iPhone Warranty Omissions
Costco is the target of a proposed class action claiming the big box retailer sold iPhones without disclosures required under Washington state consumer protection laws, including omitting the terms of warranties and how much it costs for repairs.
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April 23, 2025
No Trade Secret Trial Do-Overs In Chocolate Moonshine Suit
A Pennsylvania chocolatier and her company can't get second chances in a lawsuit accusing them of stealing a rival and former spouse's recipe for Chocolate Moonshine fudge, after a federal judge ruled Tuesday that her ex had proved the value of his secret recipe and the court had not harmed the defense's case by blocking discussion of their divorce.
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April 23, 2025
Trulieve Resolves Ex-Manager's Age Bias Firing Suit
Nationwide cannabis company Trulieve Inc. has resolved a suit in Florida federal court by a former regional manager who alleged he was fired based on his age and in retaliation for assisting in another employee's discrimination charge.
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April 23, 2025
Colgate Faces New Suit Over Lead In Children's Toothpaste
Colgate-Palmolive Co. was hit with another class action accusing it of allowing their children's toothpaste to become tainted with heavy metals, according to a complaint filed in New York federal court.
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April 23, 2025
Apple Tricked People Into Buying AI-Less iPhone 16, Suit Says
Apple has been slapped with a lawsuit accusing it of baiting-and-switching iPhone 16 buyers with promises that the model would include the tech giant's new artificial intelligence model, but then quietly deleting those advertisements when it hit delays.
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April 23, 2025
Ex-Olympian Says QVC Stole Idea For 50+ Lifestyle Brand
A former Olympian and broadcaster who created a platform centered around women over 50 alleged in New Jersey federal court on Tuesday that QVC strung her along with the opportunity to partner and develop the platform into a lifestyle brand for the company, only to steal the idea without payment.
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April 23, 2025
Yelp's Antitrust Case Against Google Didn't Come Too Late
A California federal court has refused to toss Yelp's case accusing Google of monopolizing the local search market, despite arguments that it came too late, but trimmed several claims Yelp will have a chance to fix before moving ahead with the long-simmering dispute.
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April 23, 2025
Insurers Settle $1.1M Ryobi Battery Fire Claims
A group of insurers including The Hartford has agreed to settle a consolidated lawsuit alleging that a defective Ryobi power tool battery caused a fire that led to at least $1.1 million in losses to three businesses, according to a Wednesday notice filed in Connecticut federal court.
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April 23, 2025
No Coverage For Shopping Mall In Shooting Suit, Insurer Says
Scottsdale Insurance Co. has told a Florida federal court that the owner of part of a shopping plaza isn't owed coverage for a $1 million personal injury lawsuit brought by a man who was shot in the parking lot of the shopping center, arguing that the incident didn't occur on the covered premises.
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April 22, 2025
ChatGPT Exec Says Google Data Access Could Aid Rival AI
The head of product for OpenAI's ChatGPT vouched Tuesday for the Justice Department's proposal to force Google to produce search data to rivals, telling a D.C. federal judge the suggested remedy for Google's monopolistic conduct could accelerate development of a tool capable of competing directly with Google search.
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April 22, 2025
Instagram Founder Says Meta 'Starved' Co. After Acquisition
During testimony in the Federal Trade Commission's monopoly case against Meta on Tuesday, the founder of Instagram said his company was "starved" after being acquired by Facebook as Mark Zuckerberg grappled with "a lot of emotion" over Instagram siphoning users away from its parent company's flagship platform.
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April 22, 2025
Customer Sues Amazon Over Burns From Heating Pad
A woman who suffered second-degree burns and an infection after a heating pad bought on Amazon malfunctioned is looking to hold the online retailer responsible in Washington federal court for the product manufactured by a third party.
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April 22, 2025
CFPB Waves White Flag In Prepaid Rule Fight With PayPal
The Consumer Financial Protection Bureau has abandoned its D.C. Circuit defense of a rule that subjected Venmo-style digital wallets to some of the same fee disclosure requirements as reloadable prepaid cards, walking away from an appeal of PayPal's legal challenge to the regulation.
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April 22, 2025
11th Circ. Not Likely To Snuff Smoke Shop's $1.1M Trial Loss
The Eleventh Circuit signaled Tuesday that it was likely to uphold a $1.1 million verdict entered against a Georgia-based tobacco importer for selling counterfeit rolling papers, throwing cold water on the importer's claims that the verdict constituted a windfall that was prohibited in a 2023 trial.
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April 22, 2025
Temp Workers Sue Fresh Express Over Alleged Safety Hazards
Six temporary workers claimed in a potential class action filed Monday that salad kit maker Fresh Express failed to train them to operate dangerous equipment or mitigate safety risks and that the staffing agencies that sent them there failed to pay wages comparable to what their hired employees make in violation of Illinois law.
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April 22, 2025
DOJ Says Google Ad Tech Win Supports Apple Antitrust Case
The U.S. Department of Justice told a New Jersey federal court its recent win against Google in the ad tech monopolization case supports allowing claims that Apple monopolizes smartphone markets to proceed.
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April 22, 2025
Amazon Settles Suit Over Deadly La. House Fire
Amazon.com Inc. and the family of a man who died in a house fire caused by a faulty battery charger sold on the online platform have reached a settlement ending a wrongful death suit, with a Louisiana federal judge dismissing the case with prejudice on Tuesday.
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April 22, 2025
Ark. Offers Credit For 50% Of New Payroll For HQ Relocations
Arkansas created an income tax credit for businesses that relocate their corporate headquarters to the state equal to up to 50% of their payroll for qualifying employees under a bill signed by Gov. Sarah Huckabee Sanders.
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April 22, 2025
Dunkin' Unit Beats Disability Bias Suit Over Nondairy Milk Fees
A California federal judge dismissed a lawsuit from lactose-intolerant customers accusing a Dunkin' Donuts unit and its franchisees of disability discrimination for charging extra for nondairy milk, ruling Monday that because the surcharge applied to all customers it didn't violate the Americans with Disabilities Act or a state law against discrimination.
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April 22, 2025
Nike Gets Mixed Ruling As 'Replica' Influencer's Trial Looms
A Florida federal judge partially found for Nike on its trademark infringement and counterfeiting claims against a social media influencer accused of posting and selling fake Nike shoes, but said the sportswear giant's consumer confusion and other claims must go to trial.
Expert Analysis
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7 Ways 2nd Trump Administration May Affect Partner Hiring
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.
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How Trump 2.0 May Change Business In Latin America
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.
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E-Discovery Quarterly: Rulings On Custodian Selection
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.
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When Judging Product Label Claims, Follow The Asterisk
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.
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Complying With Seasonal Product Labeling Requirements
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.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
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.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
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.
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How To Manage During A Trade Dispute With USMCA Partners
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.
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3 Factors Affecting Retail M&A Deals In 2025
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.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
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.
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Searching For Insight On Requested Google Chrome Remedy
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.
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Lessons Learned From 2024's Top ADA Decisions
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.
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Series
Playing Esports Makes Me A Better Lawyer
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.
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Fed. Circ. In December: A Patent Prosecution History Lesson
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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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.