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Retail & E-Commerce

  • May 30, 2025

    'Humongous' Apple Must Face Boosted 186M Antitrust Class

    A California federal judge on Friday granted App Store users' request to amend their class definition in a yearslong antitrust fight against Apple, rejecting Apple's argument that the changes unfairly add millions of new members and noting that the 185.9 million-member class stems from the fact Apple is "humongous."

  • May 30, 2025

    Meta Looks To Nix FTC's Lead Econ Expert After Antitrust Trial

    Meta Platforms asked a D.C. federal judge Friday to strike testimony the Federal Trade Commission's lead economics expert gave during a bench trial in the antitrust case over Meta's purchase of Instagram and WhatsApp, saying the "biased witness" — a New York University School of Law professor — "advocated" for the case.

  • May 30, 2025

    Shopper Wants Class Cert. In Mistranslated Cookie Label Suit

    A shopper has urged a California federal court to certify three classes of consumers accusing a Japanese convenience store chain of selling snacks with dangerously mistranslated English labels that failed to disclose nut allergens, arguing common legal issues predominate because the company used "uniformly mistranslated" labeling across thousands of products.

  • May 30, 2025

    Wholesalers Take Rejected 5-Hour Energy Suit To 9th Circ.

    Family-owned wholesalers want the Ninth Circuit to take a look at a recent ruling that said while they were able to show the maker of 5-Hour Energy committed price discrimination by offering Costco disproportionate promotions, they weren't able to show that discrimination hurt them.

  • May 30, 2025

    TopCo Settles Suit Over Cough Syrup Billed As 'Non-Drowsy'

    The parties in a lawsuit alleging Tussin cough syrup's "non-drowsy" label is deceptive because the syrup makes users sleepy told an Illinois federal judge that they've reached a binding settlement that would end the case.

  • May 30, 2025

    Nicotine Tax Dispute Heads To Texas Supreme Court

    The Texas Supreme Court on Friday agreed to review a dispute over whether a vape company that sells oral nicotine products should be subject to a state tax on tobacco products.

  • May 30, 2025

    Google Must Turn Over Docs About Potential Ad Tech Breakup

    A Virginia federal court granted a request from government agencies on Friday for internal Google LLC reports analyzing a potential breakup of its ad tech business, as the sides ready for a September trial to determine what remedies to impose on Google for monopolizing key ad tech markets.

  • May 30, 2025

    Peet's Coffee, AddShoppers Beat Cert. Bid In Privacy Suit

    A California federal judge refused to certify a proposed class action alleging AddShoppers and Peet's Coffee illegally tracked visitors' browsing activities to send targeted advertising emails, ruling Thursday that the named plaintiffs' claims are not typical of the groups they want to represent, since they did not receive emails about any products.

  • May 30, 2025

    Woman's $56M Slow Cooker Burn Verdict Reduced To $8.8M

    A Colorado federal judge has reduced a nearly $56 million verdict in favor of a woman who suffered burns after her slow cooker exploded while in use, awarding her $8.8 million after applying the state's statutory caps on noneconomic and exemplary damages.

  • May 30, 2025

    NJ Pot Shop Fails To Prove Urgency In $273K Fund Dispute

    A New Jersey federal judge on Friday declined to unfreeze $273,820 of a dispensary's funding frozen in an account between a payment processor and a Florida bank, saying the dispensary hasn't shown it is at risk of insolvency without the money.

  • May 30, 2025

    Giant Eagle Worker Seeks Initial OK For $669K ERISA Deal

    A proposed class of employees at Pennsylvania-based gas and grocery chain Giant Eagle asked a federal court for preliminary approval of an almost $669,000 settlement of their claims that the company overspent their retirement savings on administrative fees.

  • May 30, 2025

    Bass Pro Reels In Final Approval For $5M Tobacco Suit Deal

    A Missouri federal judge has granted final approval to a $4.95 million settlement in a lawsuit that accused Bass Pro Shops of failing to tell employees who used tobacco how they could avoid incurring an extra $2,000-per-year charge for health insurance.

  • May 30, 2025

    Taxation With Representation: Kirkland, Cravath, Latham

    In this week's Taxation With Representation, WiseTech completes a $2.1 billion merger with E2open, Acrisure buys a payroll management company for $1.1 billion and Hailey Bieber sells her Rhode skincare and makeup company to e.l.f. beauty for $1 billion.

  • May 29, 2025

    Eyemart Shakes Suit Over Sharing Of Health Data With Meta

    A Texas federal judge has tossed a proposed class action accusing Eyemart Express LLC of unlawfully sharing information about website visitors with Meta Platforms Inc., finding that the plaintiffs had failed to allege that any of their private health data had been sent to the social media platform. 

  • May 29, 2025

    Split 9th Circ. Says Spa's Rule On Certain Trans Women Biased

    A divided Ninth Circuit refused to reinstate a Korean spa's constitutional challenge against the Washington State Human Rights Commission and ordered it to rescind its policy denying admission to trans women without gender-affirming surgery, noting Thursday the policy violated state law prohibiting discrimination based on sexual orientation and gender identity.

  • May 29, 2025

    FTC Seeks To Push Amazon Antitrust Trial To 2027

    The Federal Trade Commission and Amazon on Wednesday fought over the agency's proposal to push back an antitrust trial into 2027 to account for the e-commerce giant's alleged efforts to obstruct discovery, with Amazon telling a Washington federal judge that it was the FTC that insisted on a burdensome discovery.

  • May 29, 2025

    Amazon Says Class Too Complex To Certify In Antitrust Suit

    Amazon has told a Washington federal judge in a newly unsealed filing that a proposed class of nearly 300 million customers would be far too unwieldy for certification and defining the market in a suit accusing the company of inflating prices of items sold on its platform.

  • May 29, 2025

    Columbia Sportswear Gets Mixed Trade Secrets Ruling

    An Oregon federal judge has partially sided with motions by Columbia Sportswear Co. and a former employee in a case alleging the worker took trade secrets with him when he left the company, but denied the bulk of the requests from all parties seeking to end the suit in their favor.

  • May 29, 2025

    Ore. Pot Regulator Will No Longer Require Labor Peace Pacts

    Oregon's cannabis regulator said Thursday that it would no longer enforce a voter-approved law requiring cannabis businesses to enter into labor peace agreements with their employees, following a federal judge's ruling that the law was preempted by federal policy.

  • May 29, 2025

    Cannabis Package Maker Alleges Trademark Infringement

    A manufacturer of packaging designed for cannabis products alleged in a lawsuit filed Thursday in Oklahoma federal court that a competitor has been infringing its designs and trademarks with knockoff wares.

  • May 29, 2025

    No Coverage For Clothing Chain's COVID-19 Losses

    A national clothing retailer can't get coverage for its pandemic-related losses, a Tennessee federal court ruled, permanently tossing the case and saying its Hartford policy plainly excluded the losses regardless of whether Tennessee law or Pennsylvania law — the original jurisdiction of the case — applied.

  • May 29, 2025

    Wash. Justices Upend Cannabis Co. Win In Wage Suit

    Washington state's Department of Labor and Industries does not need to issue a formal letter demanding an employer pay a specific sum to employees before launching a wage and hour lawsuit, the state's supreme court held Thursday, upending a cannabis company's win in a lawsuit the agency launched against it.

  • May 29, 2025

    RJ Reynolds Lied About Carbon Offset Of Vapes, Suit Says

    A group of California vape users is suing R.J. Reynolds Vapor Co. and its U.S. and British affiliates in federal court, alleging that its claims that the Vuse vape is the first carbon-neutral electronic cigarette are misleading.

  • May 29, 2025

    NYT, Amazon Reach Licensing Deal To Use Content For AI

    The New York Times and Amazon have reached a licensing deal for the tech and online retail giant to use the newspaper's editorial content on its artificial intelligence platforms, the companies announced Thursday.

  • May 29, 2025

    Shein Eyes HK Listing After London Snag, Plus More Rumors

    Fast-fashion retailer Shein intends to list in Hong Kong after its plans to go public in London fell apart, messaging app Telegram is set to raised $1.7 billion through an upsized bond offering, while Elon Musk's Neuralink Corp. raised $600 million in a deal that values the brain-implant startup at $9 billion.

Expert Analysis

  • 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.

  • Electronic Shelf Labels Pose Myriad Risks For Retailers

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    While electronic shelf labels offer retailers a new way to convey pricing and other product information to consumers, the technology has attracted the attention of U.S. policymakers and consumer advocates, so businesses must assess antitrust, data privacy and discrimination risks before implementation, say attorneys at Baker McKenzie.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • What Greenwashing Looks Like, And How To Navigate Claims

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    Recent cases show that consumers seeking to challenge sustainability claims as greenwashing face significant legal hurdles, and that companies can avoid liability by emphasizing context, says Felicia Boyd at Norton Rose.

  • GC Nominee Likely Has Employer-Friendly NLRB Priorities

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    President Donald Trump’s nomination of Crystal Carey as general counsel of the National Labor Relations Board indicates the administration's intent to revive precedents favorable to employers, including expansion of permissible employer speech and reinstatement of procedural steps needed for employees to achieve unionization, say attorneys at Vorys.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Lessons From Pa. Wiretapping Class Action Dismissal

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    A recent wiretapping class action in Pennsylvania federal court resulting in the dispositive dismissal of the action provides key insights on how online notice and consent can be leveraged to directly address and mitigate legal risks and class action liability exposure, say attorneys at Baker Donelson.

  • Opinion

    In Vape Case, Justices Must Focus On Agencies' Results

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    With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • Influencer Campaign Lawsuits Signal New Endorsement Risks

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    Recent class actions allege that companies' influencer campaigns violate the Federal Trade Commission's Endorsement Guides and various state laws, but it's not clear whether the failure to comply can sustain these lawsuits, or whether the plaintiffs' creative theory of damages will hold up to scrutiny, says Gonzalo Mon at Kelley Drye.

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