Retail & E-Commerce

  • December 10, 2025

    SG Says Justices Should Back Employers In ERISA Split

    The U.S. solicitor general is urging the U.S. Supreme Court to back Home Depot's win in a retirement plan fight with its employees, and in the process, resolve a circuit split in employers' favor over who bears the burden of proving a financial loss from alleged mismanagement.

  • December 10, 2025

    2nd Circ. Tosses Lego Rival's Appeal In IP Fight Over Figurine

    The Second Circuit on Wednesday dismissed a Lego rival's appeal challenging an order blocking the sale of its Third-Generation figurines, finding it lacked appellate jurisdiction since the district court correctly found the figurines fell within the ambit of an existing injunction due to a likelihood of confusion with Lego's Minifigure.

  • December 10, 2025

    Amazon Shoppers In Price-Hike Suit Say Retailer Deleted Docs

    Amazon shoppers accusing the e-commerce giant of price-gouging during the COVID-19 pandemic urged a Seattle federal judge to sanction the company for allegedly destroying an "untold number of documents" crucial to their proposed consumer class action.

  • December 10, 2025

    Sens. Pitch Hemp Regulation Bill Following Passage Of Ban

    U.S. Sen. Ron Wyden, D-Ore., reintroduced a bill Wednesday that would regulate products with hemp-derived cannabinoids, with an emphasis on age gating, manufacturing standards, and testing and labeling requirements.

  • December 10, 2025

    VPR Settles Trademark Dispute With Chinese Vape Makers

    The three-year legal saga between U.S. and Chinese vaping companies over who could control the Elf Bar name appears to be coming to an end, the parties have told a Florida federal court, saying they've reached a deal that would end a number of overlapping intellectual property lawsuits that made it all the way to the Federal Circuit.

  • December 10, 2025

    Fla. Mall Says Insurer's Theft Claim Denial Lacks Evidence

    An shopping center in Orlando, Florida, hit a QBE Insurance unit with a complaint in federal district court alleging the insurer has no basis for denying its claim of over $850,000 in damages after the mall's property was vandalized.

  • December 10, 2025

    Dreyer's Misleads Fruit Bar Buyers About 'Processed' Treats

    Dreyer's falsely claims that its Outshine fruit bars are nutritionally equivalent to eating real fruit, despite containing large amounts of added sugar and artificial ingredients, which means the products are "engineered, processed desserts, not simple frozen fruit," a proposed class action filed Tuesday in California federal court alleges.

  • December 10, 2025

    LeBron Secures 'More Than An Athlete' TM Win At Fed. Circ.

    The Federal Circuit on Wednesday shot down a challenge to the Trademark Trial and Appeal Board's finding that NBA star LeBron James and his company Uninterrupted IP LLC have the trademark rights to the phrase "More Than An Athlete."

  • December 10, 2025

    Ohio Lawmakers OK Limits On Pot Legalization, Tax Law

    Ohio would restrict cannabis use and the sale of intoxicating hemp products with new criminal penalties for certain activities and make other changes to the state's voter-approved marijuana legalization and taxation law under legislation passed by lawmakers and heading to the governor.

  • December 10, 2025

    Amazon, P&G Sue Chinese Sellers Over Counterfeit Bug Traps

    Amazon.com Inc. and Procter & Gamble Co. are suing a group of Chinese people and entities, alleging they have used Amazon's storefront to sell counterfeit insect traps using P&G's trademarks.

  • December 10, 2025

    Staffing, Consulting Cos. Face PAGA Suit Over Unpaid Wages

    Two staffing companies and an account and consulting entity failed to pay employees for all time that they worked and manipulated their time entries, two workers said in a Private Attorneys General Act suit lodged in California state court.

  • December 09, 2025

    Smucker Pet Food Buyers Near Cert. In PFAS Disclosure Fight

    A California federal judge said Tuesday he's inclined to certify a class of consumers who allege The J.M. Smucker Co. failed to disclose risks of so-called PFAS forever chemicals in pet-food packaging contaminating kibble, telling counsel during a hearing that many issues Smucker raises "are better addressed on the merits."

  • December 09, 2025

    J&J Expert Tells Jury Women's Cancer Can't Be Traced To Talc

    A University of California San Diego gynecologic oncologist told a California jury Tuesday in a bellwether trial over claims that Johnson & Johnson's talc products caused two women's ovarian cancer that it is "impossible" to conclude why any particular person contracts the deadly disease. 

  • December 09, 2025

    Chipotle Bowl Delivered By DoorDash Had 'Rodent,' Suit Says

    A New York woman has sued Chipotle, DoorDash and one of the food delivery company's "dashers," alleging in a complaint filed in New York state court that she "bit into a rodent" concealed in a burrito bowl she had delivered from the fast-casual restaurant chain.

  • December 09, 2025

    Alaska And Juul Settle Vape Youth Suit For $5.8M

    Juul Labs Inc. has agreed to pay $5.8 million to end claims it targeted young people in Alaska, according to an agreement the state and company signed that requires Juul to adhere to strict marketing and age-verification rules.

  • December 09, 2025

    CoStar Urges Justices To Review Revived Antitrust Claims

    CoStar is asking the U.S. Supreme Court to review a Ninth Circuit ruling reviving antitrust counterclaims from a rival commercial real estate platform, saying the appeals court accepted a novel theory of what constitutes exclusive dealing.

  • December 09, 2025

    Nylon Maker Ascend Secures OK For Ch. 11 Plan

    A Texas bankruptcy judge agreed Tuesday to approve the Chapter 11 plan of nylon manufacturer Ascend Performance Materials, commending the debtor on reaching a largely consensual restructuring proposal eight months after its free-fall bankruptcy filing.

  • December 09, 2025

    HBO Max Subscribers Sue To Stop Netflix-Warner Bros. Deal

    HBO Max subscribers slapped Netflix with one of the first proposed class actions seeking to halt the streaming behemoth's $82.7 billion plan to buy Warner Bros.' studio and streaming business, calling the deal "one of the more audacious horizontal mergers in recent memory."

  • December 09, 2025

    Conn. Seems Open To Limits On Drug Price Cap Enforcement

    The state of Connecticut suggested Tuesday that drug sales to the state were not the same as drug sales "in this state" as defined by state law, a stance drug manufacturers promised to leverage in their efforts to block an impending drug price cap.

  • December 09, 2025

    Cannabis Stores Can't Sue Under RICO, 9th Circ. Rules

    The Ninth Circuit on Tuesday backed a federal judge in tossing racketeering claims brought against a California city by a group of companies facing more than $5 million in local government fees under a contract to allow construction of six cannabis cultivation facilities.

  • December 09, 2025

    Mistrial Declared In Fla. Opioid Case Against Pharmacies

    A Florida state judge declared a mistrial following a hung jury after two weeks of deliberations in a lawsuit brought by hospitals alleging that Walmart, Walgreens and CVS pharmacies negligently doled out painkillers and contributed to the opioid crisis. 

  • December 09, 2025

    Amazon Still Can't Claw Back FTC Probe Documents

    A Washington federal judge refused Monday to reconsider his order allowing the Federal Trade Commission to hold on to documents produced in the investigation preceding its antitrust lawsuit accusing Amazon of creating an artificial pricing floor, concluding the online retail giant never clearly argued any material was produced "inadvertently."

  • December 09, 2025

    Va. Says Vape Cos. Have No Standing To Challenge State Ban

    The Virginia Attorney General and tax commissioner are urging a federal court to deny a bid to block enforcement of its ban on unapproved e-cigarettes, saying the companies leading the suit don't have standing because the products are federally illegal.

  • December 08, 2025

    7-Eleven To Pay $4.5M Penalty Over Fla. Gas Station Buy

    7-Eleven Inc. and its Japanese parent company will pay a historic $4.5 million penalty to settle the Federal Trade Commission's allegations that the convenience store giant bought a Florida gas station without first informing the FTC, in violation of a 2018 agreement, the agency announced Monday.

  • December 08, 2025

    Insurer Denies Coverage To Retailers For Kratom Death Suit

    An insurance company is arguing it has no obligation to defend two Washington retail smoke shops facing a lawsuit by a father who claims they sold kratom products that killed his son, telling a federal court that their policies do not cover injuries caused by the sale of products expected to cause injury.

Expert Analysis

  • Privacy Policy Lessons After Google App Data Verdict

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    In Rodriguez v. Google, a California federal jury recently found that Google unlawfully invaded app users' privacy by collecting, using and disclosing pseudonymized data, highlighting the complex interplay between nonpersonalized data and customers' understanding of privacy policy choices, says Beth Waller at Woods Rogers.

  • How Hyperlinks Are Changing E-Discovery Responsibilities

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    A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.

  • Recent Precedent May Aid In Defending Ad Tech Class Actions

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    An emergent line of appellate court precedent regarding the indecipherability of anonymized advertising technology transmissions can be used as a powerful tool to counteract the explosion of advertising technology class actions under myriad statutory theories, say attorneys at Duane Morris.

  • Series

    Writing Musicals Makes Me A Better Lawyer

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    My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

  • How Fashion, Tech Can Maximize New Small Biz Tax Breaks

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    Fashion and technology companies, which invest heavily in innovation, should consider taking advantage of provisions in the One Big Beautiful Bill Act that favor small businesses, restructuing if necessary to become eligible for expanded research and experimental expenditure credits and qualified small business stock incentives, says Aime Salazar at Olshan Frome.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

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    Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

  • 2 Fed. Circ. Rulings Underscore Patent Prosecution Pitfalls

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    Two recent patent decisions from the Federal Circuit, overturning significant judgments, serve as reminders that claim modifications and cancellations may have substantive effects on the scope of other claims, and that arguments distinguishing prior art and characterizing claims may also limit claim scope, say attorneys at Morgan Lewis.

  • 7 Document Review Concepts New Attorneys Need To Know

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    For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.

  • Ruling On Labor Peace Law Marks Shift For Cannabis Cos.

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    Currently on appeal to the Ninth Circuit, an Oregon federal court’s novel decision in Casala v. Kotek, invalidating a state law that requires labor peace agreements as a condition of cannabis business licensure, marks the potential for compliance uncertainty for all cannabis employers in states with labor peace mandates, say attorneys at Sheppard Mullin.

  • Fed. Circ. Rulings Refine Patent Claim Construction Standards

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    Four Federal Circuit patent decisions this year clarify several crucial principles governing patent claim construction, including the importance of prosecution history, and the need for error-free, precise language from claims drafters, say attorneys at Taft.

  • FTC's Reseller Suit Highlights Larger Ticket Platform Issues

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    Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

  • Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning

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    A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.

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