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Retail & E-Commerce

  • June 10, 2025

    Target, Campbell's End Chicken-Price Fix Suit With Mar-Jac

    Target Corp. and The Campbell's Co. are the latest broiler chicken purchasers to permanently end their price-fixing claims Monday against poultry processor giant Mar-Jac Inc. in a decade-old sprawling antitrust litigation claiming broiler chicken producers acted in concert to limit chicken production to raise prices and exchange sales volume information with each other.

  • June 10, 2025

    Clerk's Role Means Antitrust Judge Must Recuse, Court Told

    Pork producer defendants involved in a major pork price-fixing case continue to push for the recusal of a Minnesota federal judge because of his clerk's connections to plaintiff-side firms, arguing the plaintiffs are running from "indisputable facts."

  • June 10, 2025

    Ex-GC Accused Of Stealing IP Amid Ownership Stake Dispute

    E-commerce company Storehouse In A Box sued its former general counsel and chief operating officer in Michigan federal court Monday, alleging he misappropriated trade secrets and confidential information, while also engaging in outside ventures that conflicted with his duties, after a dispute arose over his ownership claim in the business.

  • June 10, 2025

    Judge Warns Attys Over Candor In Grubhub-Kroger TM Row

    An Illinois federal judge on Monday admonished defense counsel in ongoing trademark litigation between Grubhub Inc. and The Kroger Co. after finding discrepancies in the Kroger attorney's representations of information Grubhub provided in a discovery response, reminding all lawyers involved of their duty of candor and adherence to professional conduct rules.

  • June 10, 2025

    8th Circ. Mulls If Supervisor's Family Remark Signals Sex Bias

    The Eighth Circuit wondered Tuesday whether a Walmart supervisor's supposed rationale for promoting a male employee to a managerial role — that he had a "family to support" — lends credence to a female former employee's sex discrimination claim over the advancement decision.

  • June 10, 2025

    Class Decertified In Hill's Prescription Pet Food Suit

    An Illinois federal judge has decertified a class of pet food buyers alleging that Hill's Pet Nutrition Inc. misled them into thinking its "prescription" pet food was necessary medicine, saying a recent summary judgment renders the plaintiffs' damages model inadequate for certification.

  • June 10, 2025

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery showed new resistance to suits alleging corporate weaponizing of advance notice bylaws, and a new report highlighted the high fees that attorneys are cashing in on in Delaware courts compared to the federal court system. Several new suits were also filed concerning allegedly under- or overvalued sales and acquisitions being pushed through.

  • June 10, 2025

    Amazon Can't Fully Escape Waist Trainer Skin Rash Suit

    A California federal judge declined to fully dismiss a proposed class action against Amazon.com alleging it sold waist trainers that left users with skin injuries and rashes, saying they adequately claimed there is a defect in the products that the company failed to warn them about.

  • June 09, 2025

    Panini Wants Renewed Claims From Fanatics Tossed

    Trading card company Panini told a New York federal court Fanatics Inc. is trying to distract from allegations it monopolized the sports trading card market by rehashing previously rejected claims that Panini interfered with licensing negotiations.

  • June 09, 2025

    3rd Circ. Rejects Ralph Lauren's COVID-19 Coverage Appeal

    The Third Circuit on Monday rejected a consolidated appeal from Ralph Lauren Corp. and luggage retailers Tumi Inc. and Samsonite LLC over property insurance coverage for COVID-19-related losses, finding a New Jersey Supreme Court decision from January 2024 wholly settled the matter.

  • June 09, 2025

    Hemp Vape Makers, Sellers Fight RICO Claims In Delta-9 Suit

    Several hemp vape makers and sellers are urging a Georgia federal court to throw out a woman's proposed class action alleging they conspired to sell vapes with delta-9 THC levels above legal thresholds, saying her complaint fails to back up her claims and conflates manufacturers and retailers.

  • June 09, 2025

    Judge Cites Golf Films In Axing Tiger Woods' League TM Suit

    A Delaware federal judge on Monday dismissed a trademark suit filed by a company started by golfers Tiger Woods and Rory McIlroy against LA Golf Partners LLC, all while citing golf films "Caddyshack," "Tin Cup" and "Happy Gilmore."

  • June 09, 2025

    Purple Innovation Can't Get Fees In Mattress TM Feud

    A South Carolina federal judge has denied a motion for attorney fees filed by Purple Innovation Inc. and Purple Innovation LLC in a trademark dispute with American Serleep, finding that the case didn't meet the Lanham Act's "exceptional" standard for awarding such fees.

  • June 09, 2025

    Gov't Seeks $706M Penalty In FCA Case Against Omnicare, CVS

    The government asked a New York federal judge to impose a collective $706 million in civil penalties on Omnicare Inc. and its parent, CVS Health Corp., after a jury found that they submitted millions of false billing claims for healthcare programs.

  • June 09, 2025

    Fruits, Veggies Supplement Label Isn't Deceiving, Judge Says

    An Illinois consumer who says Balance of Nature misrepresents its dietary supplements' nutritional value cannot pursue legal claims over the assertion because he's reading too much into the product label, an Illinois federal judge said Monday.

  • June 09, 2025

    Judge Tosses Whistleblower Suit Against Pot Tracking Co.

    An Oregon federal judge on Monday dismissed a whistleblower action against Metrc, a company that provides product tracking services for a majority of U.S. regulated cannabis markets, after determining that the issues in the dispute were in play in a prior lawsuit.

  • June 09, 2025

    Rite Aid Gets Stay Of Appeals From Its Earlier Bankruptcy

    The New Jersey bankruptcy judge overseeing Rite Aid's current insolvency case pressed pause Monday on appeals of orders he entered last year in the drugstore chain's previous Chapter 11.

  • June 09, 2025

    15 States, DC Sue ATF Over Machine Gun Trigger Turnaround

    Fifteen states and the District of Columbia sued the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and U.S. Attorney General Pamela J. Bondi on Monday, alleging the Trump administration "suddenly reversed course" on regulations of machine gun conversion devices called forced reset triggers, switching from banning the triggers to returning them to their owners.

  • June 09, 2025

    Tariffs Tip Fashion Retailer Oak And Fort Into Ch. 15

    Canadian clothing retailer Oak and Fort Corp. and several affiliates have filed for Chapter 15 protection in New York bankruptcy court with almost $20 million in debt, saying U.S. tariffs on China have cut into profits and caused its lenders to pull back on financing.

  • June 09, 2025

    Iowa Expands Property, Sales Tax Breaks For Data Centers

    Iowa expanded property tax and sales and use tax breaks for data centers to include leased facilities under legislation signed by the governor.

  • June 09, 2025

    Sam's Club Sued Over Botulism Death Linked To Potato Soup

    Sam's Club West Inc. sold a 76-year-old woman some potato soup that was "tainted by botulism" and caused her to be hospitalized for almost a month before she ultimately died from her illness, according to a wrongful death suit the grocer removed to Colorado federal court.

  • June 06, 2025

    FTC Scoffs At Meta's Accusation Of 'Biased' Econ Expert

    The FTC on Friday urged a Washington, D.C., federal judge to reject Meta's bid to strike testimony the agency's lead economics expert gave during the antitrust trial over Meta's purchase of Instagram and WhatsApp, scoffing at the allegation the New York University School of Law professor is biased.

  • June 06, 2025

    Circle's Smash IPO Could Pave Way For More Crypto Listings

    Stablecoin issuer Circle's explosive debut will likely stimulate more crypto listings and possibly jolt the broader pipeline of initial public offerings, capital markets attorneys say.

  • June 06, 2025

    T.I., Tiny Urge Judge To Prevent 4th Trial In $71M Doll Row

    Clifford "T.I." Harris and Tameka "Tiny" Harris have urged a California federal judge to reject MGA Entertainment's motion to reverse a jury's $71.4 million verdict finding the company infringed the trade dress and publicity rights of the OMG Girlz pop group, saying the rehashed arguments fall flat.

  • June 06, 2025

    9th Circ. Mulls If Seagate Win Could Spur Antitrust Suits

    A Ninth Circuit judge on a panel doubted Seagate Technology's request to reverse NHK Spring's partial win in an antitrust fight over hard drive components, observing Friday that Seagate's position may broaden antitrust liability and asking "how does this not open up the floodgates for a new plaintiffs' cottage industry?"

Expert Analysis

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Tracking The Evolution Of Liability Management Exercises

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    As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.

  • What Banks Must Do To Attract Gen Z Customers

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    The young adults of Generation Z bank differently, so financial institutions must engage appropriately if they wish to attract this key population, including by leveraging savvy marketing, well-designed online interfaces and top-notch customer service, says Madeline Thieschafer at Fredrikson & Byron.

  • Rebuttal

    Mass Arbitration Reform Must Focus On Justice

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    A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Breaking Down Ill. Bellwether Case For Bank Preemption

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    The banking industry's pending lawsuit against the state of Illinois stands to permanently enjoin state regulation of bank card processing, as well as clarify the outstanding and consequential issue of whether conflict preemption continues to cover third parties in certain circumstances, says Tom Witherspoon at Stinson.

  • J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'

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    A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Charging A Separate Tariff Fee May Backfire For Retailers

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    In the wake of the Trump administration's newly imposed tariffs, retailers facing significant supply chain cost increases may be considering adding a tariff fee to offset these costs, but doing so risks violating state drip pricing bans, say attorneys at Benesch.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Why Trade Cases May Put Maple Leaf Deference On Review

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    When litigation challenging the president’s trade actions reaches the Federal Circuit, the court will have to reevaluate the Maple Leaf standard in light of the U.S. Supreme Court's 2024 Loper Bright decision limiting Chevron-like deference to cases involving statutory provisions in which Congress delegated discretionary authority to the executive branch, say attorneys at Wiley.

  • CRE Challenges Demand New Lease And Development Plans

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    As developers and landlords face declining occupancy of commercial, industrial and office space post-pandemic, a combination of business and lease considerations may better position stakeholders to protect the value and profitability of their commercial real estate, says Geoffrey Leskie at Segal McCambridge.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

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