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Retail & E-Commerce
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June 26, 2025
Phillip Morris Moves To Arbitrate Rivals' Tobacco Deal Suit
Philip Morris USA is urging a Washington state judge to force arbitration in a dispute with R.J. Reynolds and other tobacco companies over deals delineating billions of dollars in annual payments owed to states under Big Tobacco's 1998 master settlement agreement.
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June 26, 2025
NY Looks To Snuff Out Pot Shop's Labor Peace Law Spat
New York cannabis regulators fought a dispensary operator's challenge to a state law making companies sign on to labor peace agreements with unions to have a license, telling a federal judge Thursday that the business can't show harm from the pact because it doesn't have employees.
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June 26, 2025
Juul Faces Possible Revival Of Price Discrimination Suit
A vape wholesaler is urging an Illinois federal judge to reconsider an order ending its lawsuit accusing Juul Labs of giving a rival wholesaler a better deal on e-cigarettes, arguing its failure to explicitly identify the geographic market in which it competed should not have sunk the case.
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June 26, 2025
Grocer Drops Insurer From NC Opioid Coverage Suit
A grocery chain and a Chubb unit told a North Carolina state court they've agreed to drop their insurance coverage claims against each other with prejudice over a raft of underlying opioid lawsuits.
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June 26, 2025
College Apparel Co. Forever Barred From Using Penn St. TMs
A federal court has permanently barred a Washington-based print-on-demand company from selling merchandise with Pennsylvania State University's name or certain trademarked logos, though it stopped short of banning anything "substantially similar" or making the company pay the school's attorney fees.
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June 26, 2025
Fla. Suit Claims Popeyes Unfairly Targeted Franchisee
A longtime Popeyes franchisee has brought a petition in Florida federal court to halt what he claims are unfair tactics to sell his two stores in Virginia, claiming the restaurant corporation has engaged in a campaign to push him out in favor of a larger, corporate-backed operator.
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June 26, 2025
Calif. Judge Rejects CoStar, CREXi's Early Win Bids In IP Row
A California federal judge has rejected cross partial summary judgment bids made by property listing rivals CoStar Group Inc. and Commercial Real Estate Exchange Inc. in CoStar's copyright infringement suit against CREXi, which is accused of stealing nearly 50,000 CoStar commercial real estate images.
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June 26, 2025
9th Circ. Rejects Amazon's Bid To Claw Back Antitrust Docs
A Ninth Circuit panel has summarily refused to reverse a Washington federal court ruling that rejected Amazon's bid to claw back documents inadvertently produced in a trio of proposed antitrust class actions.
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June 26, 2025
'50 Cent' Liquor Biz Can Target Ex-Boss's Home In Ch. 7
A Connecticut bankruptcy judge ruled that famous rapper Curtis "50 Cent" Jackson's liquor company Sire Spirits LLC can enforce its lien on its former brand manager Mitchell Green's home in Westport to get some recovery for a $7 million fraud judgment against him, even as Green goes through Chapter 7 proceedings.
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June 26, 2025
Maine To Hike Sales Tax On Cannabis, Add Streaming To Base
Maine will raise its sales tax rate on adult-use cannabis and lower its excise tax rate on cannabis flower and add streaming services such as Netflix and Hulu to the sales tax base under budget legislation signed by the governor.
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June 26, 2025
3 Firms Guide EQT On $1.1B Sale Of Pioneer To CarUX
Morrison Foerster LLP, White & Case LLP and Nagashima Ohno & Tsunematsu are serving as legal counsel to EQT on a $1.1 billion deal to sell Pioneer Corp. to CarUX, a subsidiary of Taiwanese panel supplier Innolux Corp., EQT said Thursday.
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June 25, 2025
Coinme Fined $300K In Landmark Calif. Enforcement Action
Crypto kiosk operator Coinme Inc. has agreed to pay a $300,000 fine to resolve findings that it violated California's kiosk transaction limits and failed to include certain disclosures on receipts, the California Department of Financial Protection and Innovation announced Wednesday.
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June 25, 2025
Full Fed. Circ. Won't Review ITC Marketing Decision
The full Federal Circuit on Wednesday rejected the U.S. International Trade Commission's call to reconsider a panel's holding that sales, marketing and similar expenditures can satisfy domestic industry requirements.
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June 25, 2025
Edgewell Deodorant Burn Claims Dropped From Conn. Court
Two women who brought a proposed class action against Edgewell Personal Care Co. claiming the company's Billie brand All Day Deodorant caused chemical burns and other skin problems have dropped their suit from Connecticut federal court, according to a new order.
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June 25, 2025
Ark., Idaho Push For Jury Trial In Google Ad Tech Case
Arkansas and Idaho are hoping a Texas federal judge will reconsider the decision declaring they don't have a right to a jury trial and, as a result, can't seek civil penalties from Google on their antitrust claims accusing the tech behemoth of manipulating the advertising market.
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June 25, 2025
EU Probing Mars' $36B Deal For Pringles-Maker Kellanova
European competition enforcers said Wednesday they are investigating snack food and candy giant Mars Inc.'s planned $35.9 billion purchase of Cheez-It and Pringles maker Kellanova over concerns the combined company would have too much negotiating power with retailers.
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June 25, 2025
CVS Fights Ruling In Del. Rejecting Coverage For Opioid Suits
An attorney for CVS Health Corp. told Delaware's Supreme Court on Wednesday that a lower court cited inapplicable precedent to dismiss the pharmacy chain's suit seeking coverage for medical provider claims against it arising from the opioid epidemic.
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June 25, 2025
Investor Wins $2.25M In Cannabis Shareholder Dispute
The manager of a medical marijuana collective must fork over $2 million and a 50% stake in the entity to an investor, a Los Angeles state court judge ruled, hitting the defendant, previously accused of recklessly spending the dispensary money and found liable for fraud, with another judgment.
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June 25, 2025
Stroller Maker Can't Escape Rival's Patent Suit
A Massachusetts federal judge has denied a bid from a baby products company to escape patent infringement claims from a rival, saying the eight years of inaction between the case being filed and when the parties last corresponded about the patent was not enough to reasonably assume that the patent wouldn't be enforced.
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June 25, 2025
3rd Circ. Upholds $3.2M Atty Fee In Wawa Breach Suit
The Third Circuit on Wednesday upheld a $3.2 million fee award for Berger Montague and Fine Kaplan & Black in the settlement for consumers affected by a 2019 Wawa data breach, ruling Wednesday that the district court judge correctly found no improper "side deals" or collusion at class members' expense.
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June 25, 2025
Albertsons Reaches Terms To End Action Over Cereal Bars
Grocery chain Albertsons has resolved a proposed class action alleging its Signature Select Fruit & Grain cereal bars were deceptively labeled "Naturally Flavored" while containing an artificial ingredient derived from petroleum.
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June 25, 2025
Curaleaf Says Class Cert. Wrong For Budtenders' Tips Suit
Curaleaf Inc. is urging a Maryland federal court to deny conditional class certification to a class of budtenders who allege the company illegally shares tips with store leads, arguing that they haven't shown any common policy or practice among its dispensaries that warrants class treatment.
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June 24, 2025
Wash. Smoke Shop Settles Store Name TM Suit
A Washington smoke chain has agreed to end claims against several rivals it accused of trademark infringement after they allegedly engaged in unauthorized use of its name, Smoke City, so they could trade on the goodwill it had developed with customers.
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June 24, 2025
Dollar General Beats Investor Suit Over Short Inventory, Staff
A Tennessee federal judge on Tuesday dismissed a proposed securities class action accusing Dollar General and its executives of hiding inventory and staffing issues, saying the plaintiffs have failed to show that the defendants acted with an intent to deceive.
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June 24, 2025
Whole Foods Staffers Seek Greenlight For $2M 401(k) Fee Deal
Whole Foods workers urged a Texas federal court on Tuesday to preliminarily approve a $2 million deal they hammered out with the Amazon-owned grocery chain to end their putative class action alleging excessive fees were charged to their employee 401(k) retirement plan in violation of federal benefits law.
Expert Analysis
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How Law Firms Can Counteract The Loneliness Epidemic
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.
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What's At Stake In High Court's Class Member Standing Case
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.
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5 Keys To Building Stronger Attorney-Client Relationships
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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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'
The Delaware Supreme Court's recent Maffei v. Palkon ruling regarding TripAdvisor's proposed reincorporation to Nevada potentially signals a turning point in the trend of expanding the protections from Kahn v. M&F Worldwide to other types of transactions, says Andrew J. Haile at Elon University.
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Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy
A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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NC COVID Ruling May Have Greater Coverage Implications
While the North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 comes too late for most insureds to benefit, it should nonetheless have coverage implications far beyond COVID-19 claims, say attorneys at Robinson Bradshaw.
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How Southern Calif. Fires Can Affect National, Local Pricing
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.
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Opinion
DOJ's Visa Suit Shows Pitfalls Of Regulating Innovative Tech
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.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
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.