Retail & E-Commerce

  • October 07, 2025

    No Coverage For Smoke Shop Over Fatal Crash, Insurer Says

    A smoke shop's insurer told a North Carolina state appeals court the shop shouldn't receive coverage for a lawsuit alleging it's liable for a fatal auto collision because it sold nitrous oxide products to the at-fault driver, arguing its policy covered bodily injury only on the shop's premises.

  • October 07, 2025

    Cuban Cigar Co. Not Entitled To 'Cohiba' TMs, 4th Circ. Told

    General Cigar Co. has asked the Fourth Circuit to overturn a Trademark Trial and Appeal Board decision to grant a Cuban state-owned cigar producer's request to cancel two trademark registrations for the term "Cohiba," contending that the decision conflicts with U.S. law governing the embargo against Cuba.

  • October 07, 2025

    Chanel, The RealReal Fail To Reach Settlement In TM Feud

    Fashion house Chanel and used-items retailer The RealReal Inc. have told a Manhattan federal judge they haven't been able to reach a settlement on Chanel's claims of trademark infringement despite, as The RealReal's attorneys put it, significant efforts being expended to try to reach a compromise.

  • October 07, 2025

    Amazon Supplement Buyers Seek Spoliation Penalties

    Consumers in a proposed class action accusing Amazon of peddling dietary supplements without making federally required disclosures urged a Washington federal judge on Tuesday to punish the e-commerce giant for allegedly failing to preserve product detail webpages they say are key to the litigation. 

  • October 07, 2025

    9th Circ. Tosses Sporting Goods Co. Suit Against Ex-Landlord

    The Ninth Circuit on Tuesday backed the dismissal of a sporting goods retailer's suit against its former landlord, which was accused of wrongfully charging the retailer with monthly fee invoices even after the retailer left the location it was renting due to the COVID-19 pandemic.

  • October 07, 2025

    Apple Seeks To Toss IPhone, Watch Buyers' Antitrust Suits

    Apple has asked a New Jersey federal court to toss multidistrict antitrust litigation brought by iPhone and Apple Watch buyers, arguing that while they "try in vain to invent" theories about how Apple charges monopoly prices the inflation-adjusted price of the latest iPhone is nearly the same as the first model.

  • October 07, 2025

    Evenflo's Recall Over Choking Hazard Is Inadequate, Suit Says

    An Evenflo customer filed a proposed deceptive marketing class action complaint in Massachusetts federal court alleging the company failed to disclose that its Revolve360 Slim child car seats have easily detachable foam headrests that pose potential choking hazards.

  • October 07, 2025

    Planners Should Be Tariffed As Calendars, Fed. Circ. Told

    Weekly planners sold by a California calendar company are advertised for their calendars and should be considered such for tariff purposes, counsel for the business told Federal Circuit judges Tuesday, arguing the lower court and government incorrectly classified them as a type of notebook.

  • October 07, 2025

    Price-Fixing Judge Rejects Recusal Bid As Insincere

    A Minnesota federal judge on Tuesday refused to recuse himself from consolidated private price-fixing litigation against a raft of pork producers, saying the defense's claims of bias due to one of his clerks' internships for plaintiff firms are a "fabricated" claim of impropriety.

  • October 07, 2025

    Zillow Can See Anywhere Deal Docs In Compass Antitrust Suit

    A New York federal judge partially approved real estate listings company Zillow Inc.'s discovery motion in brokerage Compass Inc.'s antitrust suit over Zillow's listings policy, ruling that Compass must provide Zillow with specific documents related to its $1.6 billion all-stock acquisition of Anywhere Real Estate Inc.

  • October 07, 2025

    Walgreens Seeks Atty Sanctions For 'Baseless' Claims

    Walgreens has called on a Georgia federal judge to slap sanctions on counsel for a former pharmacist suing the chain for discrimination, arguing that she should pay for the company's efforts to dismiss a handful of claims with "no legal basis" after her attorney refused to voluntarily drop them.

  • October 06, 2025

    New H-2A Wage Rule May Worsen Farm Labor Shortages

    A new regulation revamping wage calculations for workers on temporary H-2A visas is being welcomed by agricultural employers, but the possibility of depressed wages could tie up the policy in litigation at a time when the Trump administration is predicting farm labor shortages.

  • October 06, 2025

    Justices Pressed To Overturn TM Denial Of Dark Green Gloves

    Surgical glove manufacturer PT Medisafe Technologies has asked the U.S. Supreme Court to wipe out a precedential Federal Circuit decision rejecting the company's attempt to claim a trademark for dark green surgical gloves, arguing that "thousands of such marks" have been registered.

  • October 06, 2025

    Judge Voids $150M Worth Of Notes In Auto Mogul's Dispute

    A Michigan federal judge found a businessman altered promissory notes worth $150 million to thwart efforts to collect on a separate judgment against him and his auto parts business, but he ruled the notes are unenforceable because they were issued when the company was insolvent.

  • October 06, 2025

    Dish, AT&T Must Give Up Docs In T-Mobile-Sprint Merger Case

    An Illinois federal magistrate judge ordered Dish and AT&T to produce key documents in a proposed consumer class action targeting T-Mobile over its purchase of Sprint, finding the material from the wireless companies, especially Dish, to be centrally important to the suit.

  • October 06, 2025

    Supreme Court Isn't Pausing Google Play Store Order

    The U.S. Supreme Court refused on Monday to pause a sweeping injunction requiring Google to change its app store policies in a case being brought by Epic Games Inc., after the tech giant argued that the changes threaten the security and privacy of Android users.

  • October 06, 2025

    Google Judge Anticipates 'Fine-Tuning' Ad Tech Remedies

    The Justice Department and Google questioned their last witnesses Monday in a fight over whether to break up the company's advertising placement technology business, in a two-hour hearing with a rebuttal witness, a rare surrebuttal witness, and an acknowledgment from the Virginia federal judge overseeing the case that even after she delivers her final judgment, it might need revisions in the future. 

  • October 06, 2025

    Ex-Aldi Employee Accuses Grocery Chain Of Retaliation

    Supermarket chain Aldi targeted and wrongfully fired a former risk analyst because of her disability that at times caused her to have anxiety attacks, according to a lawsuit in Illinois federal court.

  • October 06, 2025

    Neuriva 'Brain Health' Products Don't Work, Class Suit Claims

    A proposed class of buyers sued Reckitt Benckiser LLC in Illinois federal court on Monday, alleging its Neuriva line of products make promises about supporting brain health that they come nowhere near delivering.

  • October 06, 2025

    Catching Up With Delaware's Chancery Court

    Last week, the owner of the Kentucky Derby was hit with a suit accusing it of withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.

  • October 06, 2025

    Buyers Launch False Ad Suit Over Trader Joe's Probiotics

    Two buyers have hit Trader Joe's Co. with a proposed class action alleging that the store's probiotics products contain far fewer "good bacteria" than advertised, with less than 8 billion colony forming units rather than the 30 billion the store claims.

  • October 06, 2025

    Amazon Fails To Pay Area Managers Overtime, Court Told

    Amazon misclassified area managers as overtime-exempt even though they mostly worked on handling packages, leading to unpaid overtime, a former employee said in a proposed class action now removed to Washington federal court.

  • October 06, 2025

    High Court Turns Down 6 Patent Cases At Start Of Term

    The U.S. Supreme Court on Monday rejected six petitions in patent-related cases, taking some of its first actions on intellectual property matters this term.

  • October 06, 2025

    Justices Won't Review Blacklisting Case Against LegitScript

    The U.S. Supreme Court refused Monday to review a bid from LegitScript to duck an antitrust case accusing it of blacklisting a drug price checking website despite contentions that it facilitates illegal imports of prescription drugs.

  • October 06, 2025

    Justices Deny 'Space Force' TM Appeal From IP Atty

    The U.S. Supreme Court on Monday skipped an appeal from an attorney who said a 2018 speech from President Donald Trump was the inspiration for his attempt to register "US Space Force" as a trademark. 

Expert Analysis

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • AG Watch: Texas Expands Use Of Consumer Protection Laws

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    In recent years under Attorney General Ken Paxton, Texas has demonstrated the breadth of its public interest authority by bringing actions in areas not traditionally associated with consumer protection law, including recent actions involving sports and public safety, say attorneys at Kelley Drye.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Franchise Group Dispute Reflects Rising Intercreditor Suits

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    A recent complaint filed by senior creditors against junior creditors in the Franchise Group bankruptcy could embolden lenders to take preemptive action against one another in bankruptcy proceedings, and could affect the way secured lenders draft intercreditor agreements going forward, say attorneys at Choate.

  • A Path Forward For Colo. Pot Products After Failed Safety Test

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    As cannabis products in Colorado face increasingly rigorous contamination testing, decontamination and remediation can be an alternative to destruction after a failed safety check, in certain circumstances, so understanding the nuances of these procedures is vital, say attorneys at Troutman Pepper.

  • The Legal Risks Of US Restrictions On Investments In China

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    The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.

  • How Trucking Cos. Can Keep Rolling Under Tariff Burdens

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    Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • 3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill

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    As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.

  • Opinion

    Counterfeiting Cases Could Alter TM Law, Hurt Resale Market

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    Trademark infringement litigation brought by Nike and Chanel against resale platforms could reshape the first-sale doctrine, with the future of the $49 billion luxury fashion resale market at stake, says attorney Charles Meyer.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • How NY's FAIR Act Mirrors CFPB State Recommendations

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    New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.

  • How Mass Arbitration Defense Strategies Have Fared In Court

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    As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.

  • How Cos. Can Navigate Risks Of New Cartel Terrorist Labels

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    The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.

  • Cosmetic Co. Considerations As More States Target PFAS

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    In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.

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