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Retail & E-Commerce
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August 27, 2025
Former Workers Can Be Experts In FTC's Amazon Prime Trial
A quartet of former Amazon.com Inc. user experience workers can testify as both fact and expert witnesses in the Federal Trade Commission case accusing the retail giant of using "dark patterns" to trick users into Prime subscriptions, a Washington federal judge ruled Tuesday.
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August 27, 2025
FTC Calls Judge 'Fundamentally Mistaken' On Media Matters
The Federal Trade Commission sought emergency intervention Tuesday from the D.C. Circuit against a district court judge it said improperly blocked an investigation into left-leaning Media Matters for America, even though the FTC contends probe targets cannot preemptively challenge subpoenas and here, there was nothing retaliatory about it as Media Matters alleged.
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August 27, 2025
CoStar Says Copyright Claims Against CREXi Can't Wait
CoStar Group Inc. told a California federal court that Commercial Real Estate Exchange Inc. is continuing to use its copyrighted images and urged the court not to put its infringement claims on hold for the rival listing platform's "makeweight" antitrust counterclaims.
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August 27, 2025
No Coverage For Voluntary Phishing Payments, Insurer Says
A Pittsburgh seating company is not entitled to coverage for more than $530,000 it lost in a computer phishing scheme, an insurer told a Pennsylvania state court, saying the payments made by the company's co-owner were voluntary and thus excluded by its policy.
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August 27, 2025
Boehringer Wins Another Zantac Cancer Trial In Ill.
An Illinois state court jury sided with Boehringer Ingelheim on Wednesday in a man's lawsuit claiming over-the-counter Zantac use contributed to his colorectal cancer development, adding another tally on the German drugmaker's list of victories over similar accusations.
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August 27, 2025
Grubhub Agrees To Pay $7M To End Restaurants' TM Suit
Several restaurants told an Illinois federal judge they have reached an agreement with Grubhub under which the food delivery service will pay $7.1 million to resolve claims it used their trademarks without permission.
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August 27, 2025
Bone Broth Co. Inflated Protein Amounts, Suit Claims
Two consumers on Tuesday hit a bone-broth maker with a proposed class action suit in California federal court alleging that the company took advantage of recent trends for high-protein foods by mislabeling the nutrient content of its products.
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August 27, 2025
Home Depot Avoids Ex-Worker's 401(k) Forfeiture Suit
A Georgia federal judge agreed to dismiss a proposed class action alleging Home Depot misspent forfeitures from an employee 401(k) plan by using the assets to reduce employer-side contribution obligations instead of lowering fees planwide, concluding allegations failed to state a claim for violating federal benefits law.
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August 27, 2025
Judge Approves Party City's Ch. 11 Liquidation Plan
A Texas bankruptcy judge on Wednesday gave final confirmation to Party City's Chapter 11 liquidation plan, overruling an objection from the U.S. Trustee's Office, who argued that the plan improperly reduces administrative claims without clear evidence of consent and could violate the Bankruptcy Code.
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August 26, 2025
Gun Group Argues For Members' Ability To Buy Nationwide
A gun rights group challenging a federal law that bars handgun purchases by buyers outside their state of residence has asked a Texas federal judge to find that an injunction, if granted, should apply to all of the advocacy group's members and not just named plaintiffs.
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August 26, 2025
Google Exec. Disputes '30 Stories' Of Data Claim At Trial
A Google executive testifying Tuesday in a multibillion-dollar privacy case alleging the company illegally collected app data from 98 million consumers took issue with claims that the data at issue for just the lead plaintiffs would reach 30 stories high if printed out, while acknowledging that Google collects "considerable" data.
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August 26, 2025
5th Circ. Revives Claims Against Tyson In COVID Death Suit
A split Fifth Circuit panel on Tuesday reinstated a suit brought by a widow accusing Tyson Foods of negligently failing to prevent the spread of COVID-19 at an East Texas plant that caused the death of a worker, saying certain claims were not preempted by a federal food safety law.
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August 26, 2025
Adam & Eve Beats Google Tracking Privacy Suit, For Now
A Pennsylvania federal judge tossed claims accusing Adam & Eve's parent of sharing customers' private sexual information with Google through website analytics, saying the plaintiff hasn't established an expectation of privacy in his online browsing, as he "could be freely observed by store clerks or nosy neighbors" at a physical store.
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August 26, 2025
Five Below Beats Some Investor Claims On Growth Potential
A Pennsylvania federal judge has trimmed some claims from a shareholder suit accusing discount retailer Five Below and its executives of overstating the company's growth prospects and its ability to curb inventory loss, finding some of the suit's challenged statements to be inactionable, among other things.
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August 26, 2025
DC Seeks Toss Of Challenge To Cannabinoid Rule
There is nothing unconstitutional about the District of Columbia's laws which lump delta-9 THC into same category as marijuana and mandates all sellers to obtain a medical cannabis license, the city told a federal court, urging it to dismiss a lawsuit seeking to upend the city statutes filed by a hemp retailer whose shop was shut down.
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August 26, 2025
Meta Fired Worker For Being Older White Male, Bias Suit Says
A former Meta Platforms Inc. employee filed an age bias suit in California state court Tuesday, alleging the company prioritized non-white, non-male workers and applicants for job opportunities, bonuses and promotions, before it eventually executed a "reduction in force" that disparately affected older workers who ended up being terminated.
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August 26, 2025
Google Backers Cite Security, Competition To 9th Circ.
Trade groups, cybersecurity experts, think tanks and others backed Google with proposed Ninth Circuit amicus briefs arguing that an order affirmed by an appeals panel opening up the Play Store will upend competition and endanger security.
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August 26, 2025
Pot Co. Can't Escape Rolling Paper Co.'s 'Juicy' TM Suit
A Colorado federal judge rejected a cannabis company's motion to dismiss Tuesday after finding unconvincing the company's claims that it's allowed to sell cannabis products which use the "Juicy" and "Raw" trademarks owned by a tobacco company because of an inability for anyone to file federal trademarks for either brand relating to marijuana products.
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August 26, 2025
Joy Dish Soap Maker Scrubs $12M Suit Against Conn. PE Firm
The Michigan company that formerly manufactured Joy Dish Soap is scrubbing two of its lawsuits against a Connecticut private equity firm, Piney Lake Capital Management LP, that claimed the latter soiled a deal to produce the soap after purchasing the brand from Procter & Gamble.
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August 26, 2025
Hemp Interests Say Conn. Policy Inconsistent With Federal Law
A group of Connecticut hemp farmers and product manufacturers alleged in a federal lawsuit Tuesday that the state's crackdown on hemp products is incompatible with the federal law that legalized it.
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August 26, 2025
Wash. Panel Nixes $5.5M Judgment In Asbestos Cancer Suit
A Washington appeals panel has thrown out a $5.5 million judgment against Hardie-Tynes Co. Inc. in a suit alleging its predecessor's products contained asbestos that gave a former Navy worker mesothelioma, saying there's no successor liability where the new company did not make products containing the same dangerous substance.
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August 26, 2025
Skechers Investor Sues For Docs In $9.4B Take-Private Deal
Skechers faces a lawsuit in Delaware's Court of Chancery from a company stockholder seeking access to corporate records over concerns that 3G Capital's $9.4 billion deal to take the footwear giant private would unfairly give Skechers' founders a "substantial equity stake" and continued leadership roles in the surviving company.
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August 26, 2025
Blacklist Suit Blocked By Illegal Biz Ties, Justices Told
LegitScript has asked the U.S. Supreme Court to intervene against the Ninth Circuit's decision to make it face PharmacyChecker.com's antitrust blacklisting claims, arguing the lower court rulings wrongly allow PharmacyChecker to sue to protect a business focused on facilitating the illegal importation of drugs.
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August 26, 2025
Cert. In Pepperidge BIPA Action Sunk Over Counsel Conflict
An Illinois appellate panel on Monday reversed a trial court's order certifying a class of Pepperidge Farm workers bringing biometric privacy claims, saying it improperly allowed the law firm of the lead plaintiff's daughter to remain as class counsel.
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August 26, 2025
Netflix Flight Attendant Says Harassment Report Led To Firing
A former flight attendant for Netflix's private air fleet accused the streaming company of withholding her raise and eventually firing her after she reported several instances of sexual harassment, including one involving a pilot's sexually explicit Christmas cards.
Expert Analysis
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Cosmetic Co. Considerations As More States Target PFAS
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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Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol
As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Action Steps To Prepare For Ramped-Up Export Enforcement
In light of recent Bureau of Industry and Security actions and comments, companies, particularly those with any connection to China, should consider four concrete steps to shore up their compliance programs given the administration's increasingly aggressive approach to export enforcement, say attorneys at Gibson Dunn.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Maneuvering The Weeds Of Cannabis Vertical Integration
The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.
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The Future Of Privacy Enforcement Under Ferguson's FTC
Federal Trade Commission Chair Andrew Ferguson's early actions indicate a marked shift toward a more traditional approach to privacy enforcement, so companies should expect the commission to maintain a strong focus on enforcing Section 5 of the FTC Act in the privacy area, says Kandi Parsons at ZwillGen.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Tips For Companies Crafting Tariff Surcharge Disclosures
As the Trump administration imposes tariffs on imports, retail businesses considering itemizing tariff-related costs separately for consumers must ensure that any disclosures are both accurate and defensible to avoid regulatory enforcement or private suits, says Christopher Cole at Katten.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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Compliance Lessons From Warby Parker's HIPAA Fine
The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.