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Retail & E-Commerce

  • July 31, 2025

    Dems Aim To Make FTC's Blocked Click-To-Cancel Rule Law

    Following an Eighth Circuit decision earlier this month that struck down the Federal Trade Commission's "click to cancel" rule, three House Democrats are trying to make it the law of the land to let consumers cancel subscriptions with a single click.

  • July 31, 2025

    Judge Rejects Hemp Interests' Bid To Halt Md. Pot Policy

    A Maryland federal judge has declined to halt enforcement of a state policy that requires hemp retailers to obtain recreational cannabis licenses, saying the hemp interests that sought the injunction lacked standing and were unlikely to succeed on their claims.

  • July 31, 2025

    ITC Judge Recommends General Import Ban In Shoe IP Case

    A U.S. International Trade Commission judge recommended a complete block on imports of women's ballet flats that the maker of Tieks shoes proved infringed its design patents on its signature blue-soled footwear.

  • July 31, 2025

    3 Federal Circuit Clashes To Watch In August

    The Federal Circuit's argument calendar for August includes Brita's effort to revive a patent suit against water filter rivals that fell short at the U.S. International Trade Commission, and a prolific inventor's bid to undo a decision clearing Coca-Cola of infringing a beverage dispenser patent.

  • July 31, 2025

    NYSE Parent May Buy Enverus For $6B, Plus More Rumors

    A Milwaukee-based advisory firm is in late talks for a stake sale at a $1 billion valuation, Black Rock Coffee Bar files confidentially for an initial public offering at a similar value, and the Intercontinental Exchange is in talks to buy Enverus for $6 billion. Here, Law360 breaks down these and other notable rumors from the past week.

  • July 31, 2025

    Apple Beats Suit Over Removing Apps From App Store

    A California federal judge agreed Wednesday that Apple has "considerable discretion" over permitting apps on the App Store, dismissing for now a video editing app developer's contract breach, business interference and antitrust challenge to the ban of all its apps.

  • July 31, 2025

    Fla. Judge Finds Car Photo Patents Unenforceable

    A Florida federal judge said the owner of patents on taking photos of cars at dealerships can't assert three of the patents against an automotive photo booth maker, trimming them from an infringement suit because of deceptive statements made to the U.S. Patent and Trademark Office.

  • July 31, 2025

    Conn. Atty Pins Failed Redaction On Tech In Gunmaker Suit

    A third party's ability to bypass redactions and view protected documents was due to a software issue, a Connecticut civil litigator has told a federal judge, urging the court not to authorize sanctions for what he said was a "good faith" effort at redacting filings amid his dueling lawsuits with gunmaker Sig Sauer.

  • July 31, 2025

    ITC Wants Feedback Before Reconsidering Lashify Claims

    The International Trade Commission asked for further briefing from eyelash extension company Lashify Inc., a group of artificial eyelash makers, Walmart and CVS to address the requirements for showing the existence of a domestic industry.

  • July 31, 2025

    9th Circ. Upholds Google's Play Store Antitrust Trial Loss

    A Ninth Circuit panel Thursday affirmed Epic Games' 2023 antitrust jury trial win, along with an injunction requiring Google to open its Google Play Store to rivals, backing a landmark finding that Google monopolized the Android app-distribution market.

  • July 30, 2025

    Crocs, Rival Agree To Narrow Claims In Shoewear IP Dispute

    Crocs told a Colorado federal judge Wednesday it agreed to drop trademark dilution claims against Joybees stemming from a dispute where the defendant's CEO, who was a former midlevel Crocs manager, allegedly absconded with documents to copy the design and manufacturing process for its foam clog to start a competing business.

  • July 30, 2025

    Honest Co.'s $27.5M Investor Deal Gets Final OK

    An investor class action against The Honest Co. Inc., the "clean lifestyle" brand founded by actress Jessica Alba, has gotten a final nod for a $27.5 million deal to end claims that the company did not disclose certain negative business trends ahead of its 2021 initial public offering.

  • July 30, 2025

    Cash App Parent's $12.5M Spam Text Settlement Gets 1st OK

    A Washington federal judge has granted preliminary approval to Cash App parent Block Inc.'s $12.5 million class action settlement with customers who alleged they were bombarded with "annoying and harassing spam texts" from the company. 

  • July 30, 2025

    Comscore Says Box Office Data TRO In Antitrust Suit Is Bunk

    Media analytics giant Comscore has accused the film distribution and data company that's suing it for box office data monopolization of "gamesmanship," telling a California federal judge it had every right to cancel its contract with Atlas Distribution Co.

  • July 30, 2025

    Celsius Cans Accidentally Filled With Vodka Drink, Recall Says

    Alcoholic beverage company High Noon said Tuesday it accidentally got shipped some Celsius energy drink cans, filled them with vodka seltzer and shipped them to retailers in several states, in a recall notice that was also published by the U.S. Food and Drug Administration.

  • July 30, 2025

    'Scattershot' Privacy Suit Over Gap Email Tracking Gets Nixed

    A California federal judge has tossed a proposed class action alleging that Gap Inc. invaded consumers' privacy by using third-party tracking technology in its marketing emails, criticizing the plaintiff's "continuously shapeshifting" theories of liability and saying he "expects more from counsel than the scattershot and vague assertions presented here."

  • July 30, 2025

    Amazon Denied 'Mini-Trial' Against Shoppers' Proposed Class

    A Washington state federal judge summarily refused Wednesday to let Amazon interrogate the expert witness backing a bid for class action status covering tens of millions of consumers, finding that the proposal for evidentiary hearing, with cross-examination, is unneeded.

  • July 30, 2025

    Texas Senate Again Approves Ban On Hemp-Derived THC

    Texas state senators on Wednesday once again gave approval to a legislative proposal to ban products with THC derived from hemp. 

  • July 30, 2025

    Moncler Faces Don-Doff PAGA Suit

    A former Moncler employee has slapped the luxury fashion brand with a Private Attorneys General Act suit in California state court, claiming it shorted them by not paying for time spent getting into and out of uniforms and undergoing bag checks before starting their shifts.

  • July 30, 2025

    Wiggin And Dana Adds Real Estate Partner From Polsinelli

    Law firm Wiggin and Dana LLP said Vasiliki Yiannoulis-Riva has joined as partner from Polsinelli PC in its real estate, environmental, construction and facilities department.

  • July 30, 2025

    Apple Says DOJ Attacking Legitimate 'Design Choices'

    Apple leaned on a familiar playbook of privacy, security and independent choice in its answer to the U.S. Department of Justice monopolization lawsuit in New Jersey federal court, arguing the government "fundamentally misunderstands" the restrictions it imposes on iMessage, smartwatch compatibility, mobile wallets, cloud gaming and more.

  • July 29, 2025

    Auto Dealer Software Biz Hit With Antitrust Counterclaims

    A data company accused alongside Tekion Corp. of hacking into rival technology firm CDK Global's auto dealership management software system to steal proprietary information hit CDK Tuesday with an antitrust counterattack, accusing it of "usurping control over dealer data" that doesn't belong to it in an effort to thwart competition.

  • July 29, 2025

    J&J Owes $43M For 30-Year Talc User's Mesothelioma

    A Massachusetts state court jury ordered Johnson & Johnson Tuesday to pay more than $42.6 million to a former talc user with mesothelioma and his wife, following a trial in which the man's lawyer told jurors the alleged cancer-causing effects of the company's baby powder were its "dirty little secret."

  • July 29, 2025

    Colo. Sues PetSmart Over Allegedly Illegal 'TRAP' Contracts

    PetSmart LLC is under fire from the state of Colorado, with the attorney general's office filing a complaint in state court on Tuesday claiming it tricked dog groomers into signing up for a "free" training program that included a "training repayment agreement provision" with fees of up to $5,500 if they left before working for two years.

  • July 29, 2025

    Jack Daniel's Toy TM Win Violates Free Speech, 9th Circ. Told

    The maker of a dog toy parodying Jack Daniel's iconic whiskey bottle has urged the Ninth Circuit to reverse a finding that its "Bad Spaniels" toy tarnishes Jack Daniel's mark, arguing the ruling constitutes unconstitutional viewpoint discrimination over "mild poo jokes" that weren't similar to famous Jack Daniel's marks.

Expert Analysis

  • Managing Transatlantic Antitrust Investigations And Litigation

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    As transatlantic competition regulators cooperate more closely and European antitrust investigations increasingly spark follow-up civil suits in the U.S., companies must understand how to simultaneously juggle high-stakes multigovernment investigations and manage the risks of expensive new claims across jurisdictions, say lawyers at Paul Weiss.

  • Cos. Must Prepare For Heightened Trade Enforcement Risks

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    Recent trade enforcement cases — including criminal prosecutions for tariff evasion — as well as statements from the Trump administration make it clear that companies must assess their risk profiles, review compliance programs and communication policies, and consider protocols for responding to subpoenas, say attorneys at Miller & Chevalier.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Drug Cartels' Terrorist Label Raises Litigation Risk For Cos.

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    President Donald Trump's planned designation of some Latin American drug-trafficking groups as foreign terrorist organizations creates an additional and little-noticed source of legal exposure: U.S. civil litigation risk involving terrorism claims by victims of those groups, say attorneys at Covington.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Top 10 Healthcare And Life Sciences Issues To Watch In 2025

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    Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.

  • Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits

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    The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.

  • Why Trump's FTC May Not U-Turn On Robinson-Patman

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    The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger

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    The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

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