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Retail & E-Commerce

  • August 19, 2025

    FTC Fights Order Blocking Media Matters Probe

    The Federal Trade Commission is appealing a D.C. federal court's order preliminarily blocking an investigation into left-leaning watchdog Media Matters for America over concerns about collusion in the advertising industry and is asking to pause the order for the appeal.

  • August 19, 2025

    Carella Byrne Wants $4M Fee For Volkswagen Seat Defect Deal

    Carella Byrne Cecchi Brody & Agnello PC asked a New Jersey federal judge Tuesday to approve $4 million in attorney fees, litigation costs and service awards for class representatives in a consumer class action involving Volkswagen vehicles with a seat defect.

  • August 18, 2025

    Williams-Sonoma Loses Bid To Narrow Thread-Count Class

    A California federal judge on Monday denied Williams-Sonoma's bid to exclude certain class members from a suit alleging it misled consumers about the thread count of its bedding, finding the company did not meet its burden to establish the consumers agreed to arbitrate their claims.

  • August 18, 2025

    SDNY Judges OK Trump's Selection Of Jay Clayton As US Atty

    The Southern District of New York on Monday permitted Jay Clayton to continue overseeing the district's prosecutorial office, appointing Clayton as U.S. attorney just a day before his tenure as interim U.S. attorney was set to expire.

  • August 18, 2025

    Boehringer Long Ignored Zantac's Cancer Risks, Jury Hears

    Boehringer Ingelheim ignored years of mounting concerns that the active ingredient in its over-the-counter drug Zantac degraded into a highly toxic compound, and it simply changed the color of its tablets to shield their problems, a colorectal cancer patient told an Illinois state jury Monday.

  • August 18, 2025

    Patent Licensing Co. Drops Starbucks Infringement Suit

    A patent licensing company has agreed to drop its suit alleging Starbucks infringed a patent covering a mobile ordering system, although defamation claims against one of the coffee chain's attorneys remains at play in another case.

  • August 18, 2025

    Fla. Rapper Sentenced To 3½ Years In Prison For $1M Fraud

    A Florida federal judge sentenced a Miami rapper to more than three years in prison after a jury convicted him of fraud-related charges in connection with a scheme to defraud luxury merchandise vendors of more than $1 million. 

  • August 18, 2025

    Ex-Lovesac Execs Stuck With Bulk Of SEC Fraud Suit

    The U.S. Securities and Exchange Commission's suit against two former executives of beanbag chair maker Lovesac will move forward after a Connecticut federal judge ruled that the SEC had adequately pled knowledge of wrongdoing by the defendants and the materiality of alleged misstatements.

  • August 18, 2025

    Ex-GC Ordered To Destroy Files In Trade Secret Dispute

    Storehouse In A Box secured a permanent injunction against its former general counsel and chief operating officer, barring him from using or accessing confidential information the e-commerce company alleges he misappropriated after being put on leave, according to a Monday order.

  • August 18, 2025

    Insurer, Kennel Settle Coverage Dispute Over Nuisance Claims

    A Hanover unit and a dog kennel have resolved a dispute over coverage for an underlying suit alleging that the kennel's expansion interfered with a Golden State community's rights of possession, according to a California federal court filing.

  • August 18, 2025

    Fried Frank Escapes Sanctions Over Flawed RICO Patent Suit

    A Florida federal court has rejected sanctions motions leveled against Tristar Products Inc. and its counsel at Fried Frank for bringing a doomed anti-racketeering patent fraud lawsuit against Telebrands Corp., finding that the claims were not frivolous despite "myriad" flaws and "sloppy lawyering."

  • August 18, 2025

    2nd Circ. Partially Reopens Grocery Chain 401(k) Fee Suit

    The Second Circuit partially revived a proposed class action Monday against a Northeastern U.S. grocery chain alleging mismanagement of an employee 401(k) plan, finding a lower court wrongly tossed some allegations in the suit for failure to state a claim.

  • August 18, 2025

    Progressive Must Cover $6M Title Insurer Judgment, Mall Says

    Progressive must cover a more than $6 million judgment against a title insurance agency that Progressive insured, the owner of a New Jersey shopping center told a Pennsylvania state court, arguing that Progressive-appointed counsel rejected prior settlement opportunities in bad faith.

  • August 18, 2025

    Ohio State Court Finds Google Is Not A Common Carrier

    An Ohio state court has ruled that Google's search engine does not qualify as a common carrier that would be subject to heightened oversight, finding that Google does not transport products for others or claim that its search results are "indifferent."

  • August 18, 2025

    RI, Wash. Say 2nd Circ. Dormant Commerce Pot Ruling Is Inapt

    Officials from Rhode Island and Washington state have said in separate letters to federal circuit courts that the Second Circuit's determination last week that the Constitution's dormant commerce clause applied to marijuana should not affect their pending appeals in related cases.

  • August 15, 2025

    'Alarm Should Ring': Judge Blocks FTC's Media Matters Probe

    A Washington, D.C., federal judge Friday preliminarily blocked the Federal Trade Commission from moving forward with its investigation into the left-leaning Media Matters for America, saying the investigation is likely a retaliatory response to an article reporting that ads on Twitter appeared next to antisemitic posts following Elon Musk's acquisition.

  • August 15, 2025

    Stewart Issues Dozens More Discretionary Denial Decisions

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart denied numerous petitions challenging patents on discretionary grounds this week, while referring a smaller number of cases to the Patent Trial and Appeal Board.

  • August 15, 2025

    Ohio Justices Back Landlord In Speedway Store Leases Suit

    The Ohio Supreme Court has sided with a landlord embroiled in a lease renewal dispute with a tenant that subleased 24 properties to major convenience store chain Speedway LLC, ruling that the tenant didn't make a mistake when it negligently failed to renew its leases on time.

  • August 15, 2025

    Amazon Keeps Damages Expert For FTC's Prime Case

    A Washington federal judge refused Friday to nix an Amazon.com expert from the Federal Trade Commission case accusing the retail giant of using "dark patterns" to trick users into Prime subscriptions, allowing the jury to hear arguments that the FTC's accusations under an online shopping protection law are "an unpredictable departure."

  • August 15, 2025

    Post Holdings Sued Over Citric Acid In Pet Food

    A California woman is suing Post Holdings Inc. in federal court, alleging that it uses artificially made citric acid as a preservative in its dog food products despite the labels claiming they contain no preservatives.

  • August 15, 2025

    NY Judge Orders Temu Users To Arbitrate Data Claims

    A New York federal judge ordered a group of plaintiffs accusing online bargain app Temu of privacy violations to arbitrate their claims, saying an arbitration agreement in the company's terms is not unconscionable and that an arbitrator must determine the pact's scope.

  • August 15, 2025

    Epson, Amazon Awarded $7.2M In Counterfeit Ink Suit

    A Washington federal judge has granted Amazon and Seiko Epson default judgment against a group accused of selling counterfeit printer ink, agreeing to the two companies' request for $7.2 million in damages.

  • August 15, 2025

    Kirkland Guides Latest Purchase For PE-Backed Pet Food Co.

    Kirkland & Ellis LLP is advising Inspired Pet Nutrition on another pet food acquisition as the U.K.-based company enters exclusive negotiations to purchase Ultra Premium Direct, a French online pet food retailer, from private equity firm Eurazeo.

  • August 15, 2025

    Vape Cos. Urge 4th Circ. To Halt NC E-Cigarette Law

    A coalition of vaping interests is urging the Fourth Circuit to find that a North Carolina law prohibiting the sale of e-cigarettes not approved by the U.S. Food and Drug Administration is blocked by federal policy.

  • August 15, 2025

    Google Asks 9th Circ. To Rethink Play Store Antitrust Ruling

    Google urged the Ninth Circuit to reconsider a panel's decision to affirm a jury's findings that it monopolized the Android app market, saying the panel made several missteps when evaluating the claims and contended the injunction issued as a result of the verdict goes too far.

Expert Analysis

  • 1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split

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    The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.

  • Opinion

    CPSC's Amazon Ruling Is A Win For Safety, Accountability

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    A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • What Advisory On Alcohol And Cancer May Mean For Cos.

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    While the federal government has yet to take concrete steps in response to a January advisory from the outgoing U.S. surgeon general on links between alcohol consumption and cancer, the statement has opened the door to potential regulatory, legislative and litigation challenges for the alcoholic beverage industry, say attorneys at Mayer Brown.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

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    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

  • A Reminder On Avoiding Improper Venues In Patent Cases

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    A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants, say attorneys at Bond Schoeneck.

  • Cos. Should Prepare For Mexican Payments Surveillance Tool

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    The recent designation of six Mexican cartels as "specially designated global terrorists" will allow the Treasury Department to scrutinize nearly any Mexico-related payment through its Terrorist Finance Tracking Program — a rigorous evaluation for which even sophisticated sanctions compliance programs are not prepared, says Jeremy Paner at Hughes Hubbard.

  • When Reincorporation Out Of Del. Isn't A Good Idea

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    While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.

  • Pepperdine Case Highlights Shift In Collegiate IP Landscape

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    A complaint filed by Pepperdine University against Netflix and Warner Bros. two weeks ago alleges that a comedy series unlawfully copies the school's trademarks, and the decision could reshape the portrayal of collegiate athletics on screen and the legal tools schools use to defend their emblems, says Mindy Lewis at Michelman & Robinson.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • What's At Stake In High Court's Class Member Standing Case

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    The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

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