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Retail & E-Commerce

  • August 05, 2025

    Retailer To Face Wiretap, Hacking Claims In Data Sharing Row

    A California federal judge has trimmed a proposed class action accusing footwear retailer Rack Room Shoes Inc. of allowing Meta and other third parties to intercept website visitors' personal information, axing a pair of consumer protection claims while permitting revamped federal wiretap and state anti-hacking allegations to proceed. 

  • August 05, 2025

    Walmart Largely Snuffs Out Exploding Candle Class Action

    An Ohio federal judge has largely thrown out a proposed class action claiming that Mainstays-branded candles sold at Walmart have dangerous defects that can lead to them exploding, finding a long list of deficiencies in the candle purchasers' sprawling complaint.

  • August 05, 2025

    Grocery Chain Ralphs Wins $7M Employment Bias Trial

    A California jury cleared Kroger-owned Ralphs Grocery Co. of liability in a Muslim worker's $7 million bias suit after hearing that the worker simply refused to use the scheduling software to keep his Saturdays free for religious activities and that he had been suspended multiple times for insubordination.

  • August 05, 2025

    Cannabis Co. Can't Blame Defaults On Neglectful Attorney

    A defunct Los Angeles dispensary and its operators cannot undo default entries issued against them by investors who seek more than $325,000, a California state judge has ruled, rejecting the company's attempt to pin the loss on their attorney who "lost track" of the case.

  • August 05, 2025

    Apple Looks To Nix Consumer Antitrust Case, Decertify Class

    Apple told a California federal court that antitrust claims from a class of more than 185 million consumers targeting its App Store policies should not go to trial because the allegations focus on legitimate product design and business decisions, not anti-competitive conduct.

  • August 05, 2025

    Fed. Circ. Presses Brita On Bid To Revive Water Filter Patent

    A Federal Circuit panel Tuesday questioned Brita LP's effort to reverse a U.S. International Trade Commission decision that a water filter patent is invalid, suggesting the patent describes little more than an unpredictable scientific formula.

  • August 05, 2025

    Fed. Circ. Panel Feeling Deja Vu In Hoverboard IP Case

    A Federal Circuit panel had little support for the owner of hoverboard design patents Tuesday, as the judges said much of its noninfringement appeal relies on concerns addressed in a prior appellate decision.

  • August 05, 2025

    Google Ad Exchange Rival Follows DOJ With Antitrust Suit

    A Google rival entered the fray over advertising placement technology with a Virginia federal court complaint explicitly following in the wake of the Justice Department's successful lawsuit that led to Google being liable for illegally monopolizing two targeted ad tech markets.

  • August 05, 2025

    DC Judge Pauses Walmart Pricing Suit, Citing Chicago Case

    A federal judge in the District of Columbia pressed pause on a lawsuit accusing Walmart of charging customers more for certain items at the register than the retailer advertises on its shelves, saying an older Chicago case should be resolved first given its revival last year.

  • August 05, 2025

    RI Urges 1st Circ. To Toss Challenge To Pot License Regime

    Rhode Island cannabis regulators on Tuesday urged the First Circuit to uphold the dismissal of a Florida entrepreneur's challenge to the state's marijuana licensure program and to reject his bid to have the case remanded back to lower district court.

  • August 05, 2025

    Advocacy Org. Wants FTC's Full, Dropped Pepsi Complaint

    The Federal Trade Commission's price discrimination complaint against Pepsi could become public after all, despite the agency dropping the lawsuit, after a New York federal judge on Tuesday permitted an advocacy group to intervene in the case in order to seek the full, unredacted filing.

  • August 05, 2025

    Gas Breaks Can't Justify Russian Fertilizer Duties, Fed. Circ. Told

    The federal government improperly concluded that EuroChem's Russian imports to the U.S. were subject to countervailing duties because of natural gas subsidies those products benefited from, counsel representing the company told the Federal Circuit during oral arguments Tuesday.

  • August 05, 2025

    Disbarred North Carolina Atty Admits To Wire Fraud Scheme

    A disbarred lawyer in North Carolina has copped to criminal wire fraud charges stemming from the misuse of his trust account after federal prosecutors said he used escrow funds earmarked for the sale of personal protective equipment to pay back another company.

  • August 05, 2025

    Zazzle Nabs Win After Judge Cuts Font Copyright Claim

    A California federal judge has tossed a copyright infringement claim against online retailer Zazzle over a set of fonts used on its site after previously allowing the claim to stand, finding her earlier order misstated Zazzle's argument.

  • August 05, 2025

    Amazon, DC AG Seek To Delay Antitrust Trial To May 2027

    The D.C. Attorney General's Office and Amazon are seeking more time to complete fact discovery in the city's antitrust suit against the online retail giant, asking for the potential trial in the case to be moved from January 2027 to May of that year.

  • August 04, 2025

    Sandwich Seller Owes $32K For Breaching Noncompete Pact

    A Pennsylvania federal judge on Monday found in favor of the owners of a sandwich fundraising and catering company who accused its former owner of breaching multiple noncompete and confidentiality agreements by launching a rival business and stealing recipes and customer information.

  • August 04, 2025

    Vestis Shareholder Drops Suit Over Growth Plan Statements

    A Vestis Corp. shareholder on Monday dropped his latest attempt to hold current and former executives and board members liable for allegedly breaching their fiduciary duties by making false and misleading statements about the uniform and workplace supply provider's financial condition and growth prospects.

  • August 04, 2025

    Michigan Tribe Joins State Cannabis Market

    Michigan has signed its first tribal-state compact with the Bay Mills Indian Community, which will give the federally recognized tribe the ability to sell cannabis goods within the state's borders.

  • August 04, 2025

    4 Firms Build $558M Crypto Treasury With Telegram Token

    Guided by Perkins Coie LLP and Brownstein Hyatt Farber Schreck, Verb Technology Co. Inc. announced Monday a $558 million private placement deal to stockpile the Telegram-afflilated TONcoin token.

  • August 04, 2025

    'Dadbod' Apparel Brand Sues To Cancel Rival's 'GirlDad' TM

    Activewear brand DadBod Apparel LLC has filed suit in Ohio federal court seeking to cancel another company's registered "GirlDad" trademark, saying the company fraudulently used the mark to thwart DadBod's sales of gear bearing the slogan, "Support Your Local Girl Dad."

  • August 04, 2025

    Consumers Want Fees Of $49M From $203M In Chicken Deals

    Broiler chicken consumers asked an Illinois federal judge on Monday for about $49 million in attorney fees from two rounds of price-fixing deals they've struck with major producers, matching the settlement percentage to which a Seventh Circuit panel last month found class counsel was entitled.

  • August 04, 2025

    Rite Aid Seeks $90M Clawback From McKesson

    Rite Aid is seeking to claw back about $90 million it paid out to prescription drug supplier McKesson Corp. over the days and months leading up to the national pharmacy chain's Chapter 11 filing in May, arguing the payments were not made as part of the ordinary course of business.

  • August 04, 2025

    Tax Court Declares Grocery Chain's In-House Insurer Ineligible

    A grocery store chain's in-house insurance company did not operate as a normal insurer and therefore cannot deduct millions of dollars it received in insurance premiums, the U.S. Tax Court said Monday.

  • August 04, 2025

    Hemp Org. Applauds Removal Of Ban From Spending Bill

    A national hemp industry trade organization on Monday said it was grateful for the removal of language from a Senate appropriations bill that would have banned consumable hemp-derived products with psychoactive THC.

  • August 04, 2025

    Google Says Term Limits Only Needed For Some Search Fixes

    Google told the D.C. federal court overseeing the government search monopolization case that there is no need to put a one-year term limit on its default search agreements with Android device manufacturers and wireless carriers because they are not exclusive.

Expert Analysis

  • How Southern Calif. Fires Can Affect National, Local Pricing

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    The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.

  • Opinion

    DOJ's Visa Suit Shows Pitfalls Of Regulating Innovative Tech

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    A policy of allowing free-market mechanisms to operate without undue interference remains the most effective way to foster innovation, and the U.S. Department of Justice's 2024 case against Visa illustrates the drawbacks of regulating innovative technology, says attorney Thomas Willcox.

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • 6 Tips For Cos. To Comply With Influencer Gifting Rules

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    A January decision in a National Advertising Division case concerning Revolve Group provides new insights on how the NAD expects companies to manage certain influencer campaigns, including preapproving posts before they go live and considering how they present the disclosure instructions to influencers, says Gonzalo Mon at Kelley Drye.

  • ÃÛÌÒÊÓÆµ's Message To States Takes On New Weight Under Trump

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    The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.

  • What's Next For State Regulation Of Hemp Cannabinoids

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    Based on two recent federal court cases that indisputably fortify broad state authority to regulate intoxicating hemp cannabinoid products, 2025 will feature continued aggressive state regulation of such products as industry stakeholders wait for Congress to release its plans for the next five-year Farm Bill, say attorneys at Foley Hoag.

  • National Bank Act Rulings Facilitate More Preemption Analysis

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    Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • Emphasize Social Spaces During RE Project Public Review

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    As Boston continues to work through revisions to its public review process for real estate projects, developers attempting to balance impact mitigation and community improvements may benefit from emphasizing the ways in which development plans can facilitate open social exchange, says David Linhart at Goulston & Storrs.

  • Preparing For Stricter Anti-Boycott Enforcement Under Trump

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    Given the complexity of U.S. anti-boycott regulations and the likelihood of stepped-up enforcement under the new administration, companies should consider adopting risk-based anti-boycott compliance programs that include training employees to recognize and assess potential boycott requests, and to report them expeditiously when necessary, say attorneys at Debevoise.

  • Complying With Calif. Price-Gouging Law After LA Fires

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    The recent tragic Los Angeles fires have brought attention to the state's sometimes controversial price-gouging protections, and every California business should keep the law's requirements in mind, despite the debate over whether these statutes help consumers, say attorneys at Cooley.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • A Compliance Update For Credit Card Reward Partnerships

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    While the Consumer Financial Protection Bureau's interest in credit card rewards programs could fade under the new administration, a recent circular focusing on both issuers and their merchant partners means that co-brand credit card partnerships with banks could be subject to increased scrutiny ahead, say attorneys at Goodwin.

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