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Retail & E-Commerce

  • September 23, 2025

    OTC Drug Co. Must Face Shampoo Cancer Risk Class Action

    A Pennsylvania federal judge denied Lake Consumer Products Inc.'s request to toss a putative class action alleging it manufactures coal tar shampoo with known carcinogens, reasoning that most of the claims against the company were plausible enough to move forward.

  • September 23, 2025

    Industry Witnesses In Google Ad Tech Case Not 'That Helpful'

    A Virginia federal judge tightened the leash Tuesday on the U.S. Department of Justice and Google fight over the company's advertising placement technology business, expressing dissatisfaction with non-technical industry witnesses testifying about the benefits and costs of a government breakup proposal.

  • September 23, 2025

    Amazon Prime Trapped Consumers, FTC Tells Seattle Jury

    Amazon knew for years that millions of people were inadvertently enrolling in its Prime subscription program because of its design choices but prioritized boosting membership counts over fixing the problem, the Federal Trade Commission told a Seattle federal jury on Tuesday, kicking off a long-awaited consumer protection trial against the e-commerce giant.

  • September 23, 2025

    Google, Meta Beat BlueChew Users' Privacy Suit, For Now

    A California federal judge Tuesday dismissed a proposed class action alleging Google and Meta illegally gathered information from website users buying erectile dysfunction medication on BlueChew's website, since BlueChew's revised policy makes clear their personal data consisting of health information would be shared with third parties for advertising purposes.

  • September 23, 2025

    RadioShack Reboot Plan Morphed Into $112M Scam, SEC Says

    The U.S. Securities and Exchange Commission sued three former Retail Ecommerce Ventures LLC executives in Florida federal court Tuesday, alleging they raised $112 million through fraudulent securities offerings that operated as a Ponzi-like scheme that promised bogus 25% annual returns to revitalize popular REV brands including RadioShack and Pier 1 Imports.

  • September 23, 2025

    FCC Demands Boomerang, Others Repay $1.1M For Contracts

    The Federal Communications Commission said it is owed more than $1.1 million for spending more on computer tablets than was needed by two wireless companies during pandemic-era assistance programs.

  • September 23, 2025

    ÃÛÌÒÊÓÆµ Frees Apple, US Bank From Biden-Era Consent Orders

    The Consumer Financial Protection Bureau has lifted two more enforcement orders issued during the Biden administration, this time granting both Apple Inc. and U.S. Bank NA an early release from ongoing monitoring years ahead of schedule.

  • September 23, 2025

    Amazon Workers Get Cert. In Wage Suit Over New Hire Events

    A California federal judge certified a class of Amazon workers who allege the retail giant failed to pay them for time spent at mandatory new hire events, but she granted the company partial summary judgment on some of the wage allegations against it.

  • September 23, 2025

    Gibson Gets $1 Guitar TM Award Upped To $168K

    After a Texas federal jury awarded guitar maker Gibson just $1 in damages from a Florida-based competitor found to have infringed trademarks for its iconic guitar shapes, a federal judge increased the award to just over $168,000 in disgorgement of profits earned through infringement.

  • September 23, 2025

    Gun Group Misused Buyers' Data For Political Ads, Suit Says

    The National Shooting Sports Foundation Inc. unjustly enriched itself by secretly obtaining the personal data of millions of firearms buyers from warranty registration cards and creating a database it then used to spread tailored political messages, a proposed class action alleges.

  • September 23, 2025

    Sunbeam Settles Claims With Scalded Pressure Cooker User

    A woman who sued Sunbeam Products Inc. and its parent Newell Brands Inc. last week with allegations that she was scalded by a defective pressure cooker told the Georgia federal court on Tuesday that she'd settled her claims.

  • September 23, 2025

    Texas Bans Hemp Sales To Minors Under Emergency Rule

    Texas regulators on Tuesday adopted emergency rules restricting the sale of hemp-derived psychoactive products to anyone under the age of 21.

  • September 22, 2025

    Amazon Says NY Labor Law Update Steps On NLRA

    Amazon on Monday launched a federal lawsuit challenging an amendment to New York labor law that the ecommerce company says "flips U.S. labor law on its head" by unconstitutionally empowering the state's Public Employment Relations Board to regulate private-sector labor relations already covered by federal law.

  • September 22, 2025

    Hershey Defeats Reese's Halloween Candy Misbranding Suit

    A Florida federal judge has thrown out a proposed class action claiming Hershey misled consumers by selling Halloween-themed Reese's products in packaging that made them think the pumpkin-shaped candy would feature carved, jack-o'-lantern designs.

  • September 22, 2025

    Oracle To Secure TikTok Users' Data In Deal To Skirt US Ban

    Tech giant Oracle will be tasked with safeguarding U.S. TikTok users' personal data, and the app's recommendation algorithm will be "retrained" and operated outside the control of TikTok's Chinese parent company under a deal that President Donald Trump is expected to sign this week to avert a shutdown of TikTok, the White House said Monday. 

  • September 22, 2025

    Google Ad Tech Breakup 'Drastic' But Best, DOJ Tells Judge

    A U.S. Department of Justice attorney pressed a Virginia federal judge Monday to break up Google's advertising placement technology business, asserting in opening statements that a divestiture is doable and the only way to fully address Google's monopoly.

  • September 22, 2025

    Weedmaps Accused Of Promoting Illegal Cannabis Cos.

    Weedmaps Technology Inc. is allegedly violating California laws by knowingly allowing unlicensed cannabis retailers to advertise on its online delivery platform, according to a new proposed class action filed in Los Angeles County court that claims the practice puts law-abiding dispensaries at a competitive disadvantage.

  • September 22, 2025

    Davis Polk, Latham Advise On $3.2B Heineken FIFCO Buy

    Dutch brewer Heineken NV said Monday it has agreed to acquire most of Costa Rica's FIFCO beverage and retail operations for approximately $3.2 billion. 

  • September 22, 2025

    DOJ Urges 7th Circ. To Affirm Strike Of Ill. Assault Rifle Ban

    The Department of Justice's civil rights chief told a Seventh Circuit panel on Monday that an Illinois law banning assault weapons and high capacity magazines is unconstitutional and that the appellate court set an "inaccurate standard" when it denied an earlier bid to block the law's enforcement.

  • September 22, 2025

    Contractor's Insurers Owe $7M For Bridal Shop Fire, Suit Says

    A bridal shop said a contractor's insurers must pay their combined $7 million policy limits toward a $38 million judgment in an underlying suit over a fire caused by the contractor's demolition work at another property, according to a complaint removed to New York federal court Monday.

  • September 22, 2025

    Judge Lets Suit Over Audible's Expiring Credits Move Forward

    A Washington federal judge has declined to toss a consumer's proposed class action against Audible Inc. over the expiration dates on membership "credits," saying such vouchers don't have to be backed by a specific cash value to be covered by the Evergreen State's gift card law.

  • September 22, 2025

    Amazon Suit Claims Prime Day Deals Based On Phony Prices

    Amazon's deep Prime Day sales deals mislead consumers by calculating the advertised savings based on bogus list prices that customers don't actually pay, according to a proposed class action filed Monday in Washington federal court.

  • September 22, 2025

    Catching Up With Delaware's Chancery Court

    Last week, Match.com secured approval for a $30M settlement over its 2019 reverse spinoff from IAC, and Vice Chancellor Morgan T. Zurn urged decorum among Delaware lawyers, comparing recent legal turmoil to dark times in British monarchy history. Here's the latest from the Chancery Court.

  • September 22, 2025

    Amex Can't Push 'Illusory' Arbitration Over 'Anti-Steering' Rule

    A putative class of businesses does not have to arbitrate claims that American Express violated antitrust laws by effectively preventing merchants that accept credit cards from incentivizing customers to use lower-fee cards, after a Massachusetts federal court ruled it will not "close its eyes" to the "illusory" arbitration agreement.

  • September 22, 2025

    Toy Company Eyes UBS Records Amid FINRA Arbitration

    A toy company whose brands include Bratz dolls and Little Tikes has urged an Iowa federal judge to unseal records that it says will bolster its arbitration against UBS over claims that the global wealth manager wrongly advised the company to short-sell Tesla stock.

Expert Analysis

  • Justices' Age Verification Ruling May Lead To More State Laws

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    The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.

  • E-Discovery Quarterly: Rulings On Relevance Redactions

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    In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

  • Opinion

    Section 1983 Has Promise After End Of Nationwide Injunctions

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    After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

  • Trump's 2nd Term Puts Merger Remedies Back On The Table

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    In contrast with the Biden administration, the second Trump administration has signaled a renewed willingness to resolve merger enforcement concerns through remedies from the outset, particularly when the proposed fix is structural, clearly addresses the harm and does not require burdensome oversight, say attorneys at Cooley.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • AI Infrastructure Growth Brings Unique IP Considerations

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    The explosive rise of artificial intelligence has triggered an equally dramatic transformation in the supporting infrastructure required to meet growing AI demand, and the technology used in these data centers has its own intellectual property considerations to navigate, says Vincent Allen at Carstens Allen.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • New DOJ Penalty Policy Could Spell Trouble For Cos.

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    In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.

  • Influencer Marketing Partnerships Face Rising Litigation Risk

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    In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.

  • Mulling Worker Reclassification In Light Of No Tax On OT

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    The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.

  • 5 Consumer Protection Compliance Issues In NY State Budget

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    Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.

  • How Cos. In China Can Tailor Compliance Amid FCPA Shifts

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    The U.S. Department of Justice’s recently updated Foreign Corrupt Practices Act enforcement guidelines create a fluid business environment for companies operating in China that will require a customized compliance approach to navigate both countries’ corporate and legal systems, say attorneys at Dickinson Wright.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

  • Ultra-Processed Food Claims Rely On Unproven Science

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    Plaintiffs' arguments that ultra-processed foods are responsible for the nationwide increase in certain chronic illnesses, though a novel approach to food-based personal injury claims, depend on theories that are still being tested, say attorneys at DLA Piper.

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