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Retail & E-Commerce
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July 18, 2025
Trump Asks Supreme Court To Decline Early Tariff Challenge
President Donald Trump's administration urged the U.S. Supreme Court to reject a request from Illinois-based toy makers to hear their challenge against the White House's global tariffs, arguing the justices should not "leapfrog" parallel proceedings in circuit courts.
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July 18, 2025
Cannabis Edibles Maker Accused Of Hiding Prop. 65 Warnings
A California resident is suing a Los Angeles cannabis-infused edibles maker, claiming its peel-back product labels deliberately hide the state-required Proposition 65 warning at the time of purchase, in the second private enforcement action filed by the plaintiff this year.
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July 18, 2025
Zillow Says Compass Can't Get Block On 'Zillow Ban'
Zillow sought to flip the script Thursday on Compass's antitrust allegations targeting new standards limiting home listing eligibility for pre-marketed properties, telling a New York federal judge not to preliminarily block the rules because they're just an effort to use "transparency" to "mitigate the damaging effects of hidden listings."
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July 18, 2025
Retailer At Home Gets Final OK On $600M Bankruptcy Loan
A Delaware bankruptcy judge signed off Friday on furniture retailer At Home's request to borrow up to $600 million in Chapter 11 financing, approving the loan after the debtor resolved an objection from unsecured creditors.
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July 18, 2025
Fashion-Tech Biz Founder Charged With $300M Investor Fraud
The founder of bankrupt apparel technology company CaaStle Inc. defrauded investors out of $300 million, federal prosecutors in Manhattan said Friday, unsealing an indictment charging her with using sham documents to falsely promote a "rapidly growing business" supposedly worth $1.4 billion.
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July 18, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the former owner of British oil refinery Prax Group sued following the collapse of his business empire, a unit of Shard Credit Partners target a married couple believed to have inflated the value of their companies before selling them, and Aerofoil Energy reignite patent action against AFE Group over the design of its F1-inspired cooling units.
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July 17, 2025
Google Gets AGs' Ad Tech Trial Delayed In Texas
A Texas federal judge Thursday delayed an upcoming jury trial in antitrust litigation brought by a Texas-led coalition of attorneys general targeting Google's advertising placement technology business until there's a final judgment in a similar case led by the U.S. Department of Justice in Virginia.
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July 17, 2025
2 Firms To Lead Target Shareholder Suit Over DEI Initiatives
Rigrodsky Law PA and Levi & Korsinsky LLP will lead a now-consolidated shareholder derivative action accusing Target Corp.'s executives and directors of harming investors by greenlighting the company's diversity, equity and inclusion initiatives and its offerings of LGBTQ-related merchandise.
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July 17, 2025
Fed. Circ. Scraps $21M IP Win For 'Comfy' Sweatshirt Maker
The Federal Circuit on Thursday overturned a more than $21 million judgment against Top Brand LLC for infringing Cozy Comfort Co.'s design patent and trademarks on its "The Comfy" sweatshirt featured on "Shark Tank," saying no reasonable jury could have found infringement.
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July 17, 2025
REI Escapes 401(k) Suit Over Recordkeeping Fee Threshold
REI defeated a proposed class action claiming it unlawfully only charged 401(k) participants for administrative costs if they had at least $5,000 in their accounts, with a Washington state federal judge saying federal benefits law doesn't require fiduciaries to distribute expenses equally.
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July 17, 2025
EU Approves Luxembourg Beverage Deal With Fix
European enforcers have approved beverage producer and distributor Brasserie Nationale's planned purchase of a Luxembourg-based wholesaler, after the companies agreed to unload a portion of the business that sells to hotels, restaurants and cafes in the country.
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July 17, 2025
6 Cases For Patent Attys To Watch In The Second Half Of 2025
The Federal Circuit is considering major questions about when delays in prosecuting patents become bad faith and whether the acting U.S. Patent and Trademark Office director is legally allowed to apply new rules retroactively. Here's what you need to know about these cases and others that attorneys are keeping an eye on for the rest of the year.
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July 17, 2025
Omaha Tribe Leads Nebraska In Cannabis Legalization Push
The Omaha Tribe of Nebraska is now the first Indigenous nation in the state to legalize and regulate medical and recreational cannabis use on tribal lands, putting it ahead of the state currently embroiled in litigation over voter-approved ballot referendums on the issue.
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July 17, 2025
Robotics Co. Investors Settle De-SPAC Suit For $7.5M In Del.
Investors in a special purpose acquisition company that took artificial intelligence company Berkshire Grey Inc. public for $2.25 billion in mid-2021 have reported a $7.5 million proposed settlement intended to end a breach of fiduciary duty suit in Delaware's Court of Chancery.
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July 17, 2025
Houston Texans Say No Thought Behind Ticket Holders' Suit
A group of longtime Houston Texans season ticket holders told a judge Thursday that they were "blackballed" with increased prices after 20 years of loyalty, while the team countered that their antitrust claims "do not have a lot of thought."
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July 17, 2025
Amazon Attys Jump To Crowell & Moring In San Francisco
Crowell & Moring LLP has expanded its litigation resources in its San Francisco office with the addition of two former in-house attorneys for Amazon, who bring more than 30 years of combined experience to advise clients on product liability claims.
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July 17, 2025
Couche-Tard Pulls $47B Takeover Bid For 7-Eleven Parent
Alimentation Couche-Tard has withdrawn its nearly $47 billion bid to acquire Seven & i Holdings, the Japanese parent of 7-Eleven, citing "a persistent lack of good faith engagement" from Seven & i leadership.
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July 17, 2025
Work Wear Seller Faults 'Heartless' Lender In Chapter 11 Filing
Work wear and healthcare apparel retailer Work N Gear filed an emergency Chapter 11 petition late Wednesday, accusing a creditor of "heartless conduct" in sweeping funds out of accounts set aside to pay employee healthcare claims.
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July 16, 2025
11th Circ. Nixes Walmart Win, Backs ALJ Removal Restriction
The Eleventh Circuit on Wednesday ruled in a published opinion that a removal restriction for administrative law judges is constitutional, reversing Walmart's win in a lawsuit that had blocked a chief administrative law judge from deciding on immigration-related complaints against the hypermarket company.
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July 16, 2025
Amazon Beats Class Suit Over Prime Video Ads For Good
A Washington federal judge has permanently ended a proposed class action against Amazon.com Inc. over the introduction of commercials on the company's Prime Video streaming service, reiterating on Wednesday her prior ruling that the company's subscriber terms permitted the change.
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July 16, 2025
Juul Fights Bid To Revive Price Discrimination Suit
Juul Labs urged an Illinois federal court not to revive a gas station distributor's case accusing the e-cigarette company of giving a rival wholesaler a better deal, saying the court was right to toss the latest complaint because it failed to say where the wholesalers compete.
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July 16, 2025
BOE Misappropriated Samsung Trade Secrets, ITC Judge Finds
A U.S. International Trade Commission judge has found that China's BOE Technology misappropriated Korean-based Samsung Display Co. Ltd.'s trade secrets for device screens.
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July 16, 2025
Avon Insurers Say Ch. 11 Was Filed In 'Bad Faith'
A group of insurance carriers that issued coverage to Avon has asked the Delaware bankruptcy court to dismiss or convert the cosmetics company's Chapter 11 case, arguing the debtor filed its petition in "bad faith" and lacks a valid purpose for the bankruptcy.
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July 16, 2025
Refused NFL Goods Sale Not Antitrust Harm, Judge Says
An online merchant blocked from selling licensed NFL merchandise on Amazon.com and Walmart.com by league policies restricting online sales to approved retailers has two weeks to fix its proposed class action claims after a New York federal judge said that the contested restrictions do not trigger U.S. antitrust law.
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July 16, 2025
Kratom Seltzers 'Addictive,' Wash. Class Suit Alleges
A proposed class of kratom product buyers is suing Mitra-9 Brands LLC in Washington federal court, alleging that the company knew — but failed to warn customers — that the products are addictive in the same way as opioids and can cause withdrawal symptoms.
Expert Analysis
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Prior Art Ruling Highlights Importance Of Detailed Elaboration
The U.S. Patent and Trademark Office's recent decision in Ecto World v. RAI Strategic Holdings shows that when there is a possibility for discretionary denial, and the examiner has potentially overlooked prior art, patent owners should elaborate on as many of the denial factors as possible, says Frank Bernstein at Squire Patton.
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Compliance Refresher For 'Made In USA' Labeling Claims
As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Appellate Guidance Needed On California Chatbot Litigation
There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Opinion
Anti-Counterfeiting Efforts Must Hold China Accountable
As the Organization for Economic Cooperation and Development drafts guidelines for combating counterfeit goods, U.S. representatives must be frank about the need to hold Chinese platforms accountable for their role in counterfeiting — and specific about the changes that will be required, says Eli Clemens at the Information Technology and Innovation Foundation.
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Securing IP Protection For AI Avatars
As artificial intelligence avatars play an ever-expanding role in sales, operations and entertainment, companies must plan for intellectual property protection for these brand assets as their control will turn on the nuances of their creation and use, say attorneys at K&L Gates.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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CIPA May Not Be Necessary To Protect Ad Tech Plaintiffs
A California bill designed to protect businesses from advertising technology claims under the California Invasion of Privacy Act by amending the act retroactively has been highly contested by various consumer advocacy groups, but other existing law may sufficiently protect any plaintiff who suffers actual harm from such tech, says Justin Donoho at Duane Morris.
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Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity
Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Public Cos. Must Heed Disclosure Risks Amid Trade Chaos
Ongoing uncertainties caused by President Donald Trump's shifting stances on tariffs and trade restrictions have exponentially escalated financial reporting pressures on public companies, so businesses must ensure that their operations and accounting practices align with the U.S. Securities and Exchange Commission's standards, say Jennifer Lee at Jenner & Block and Edward Westerman at Secretariat Advisors.
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Opinion
9th Circ. Shopify Decision Gets Personal Jurisdiction Wrong
The Ninth Circuit's recent opinion in Briskin v. Shopify, rejecting the differential targeting requirement for personal jurisdiction, not only deviates from long-standing jurisprudence, but it also significantly expands the reach of internet-based claims under California law, says Matthew Pearson at Womble Bond.
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Digital Equity Act Grant Terminations Raise Key Legal Issues
The Trump administration's move to cancel grant programs created under the Digital Equity Act yields key legal and policy questions facing the executive branch, Congress and the courts, including how the administration plans to implement the cancellation of the Digital Equity Act's appropriations in the first place, say attorneys at Akin.
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Robinson-Patman Enforcement May Fizzle Out After PepsiCo
After securing an early Robinson-Patman Act victory against the largest wine and spirits distributor in the U.S., the Federal Trade commission's voluntary dismissal of its own enforcement action against PepsiCo throws into doubt the future of the federal statute that prohibits price discrimination and other anticompetitive practices, say attorneys at V&E.