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Retail & E-Commerce
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July 03, 2025
J.Jill Can't Compel Arbitration In False Price Discount Suit
A California federal judge has refused to ship to arbitration a proposed class action accusing J.Jill of advertising false reference prices on products sold throughout its website, finding that the clothing retailer had failed to put the plaintiff on adequate notice that she would be bound to arbitration simply by placing an order as a guest.
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July 03, 2025
Calif. Justices Say Ford Can't Arbitrate Fiesta And Focus Suits
Ford Motor Co. cannot force drivers who allege defects in their Focus and Fiesta vehicles to take their claims to arbitration, the California Supreme Court ruled Thursday, rejecting the automaker's argument that the dispute flows from dealership sales contracts containing arbitration provisions that it can invoke.
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July 03, 2025
NY Landlord Sues Walmart, Others In Del. Alleging Fraud
A New York City landlord sued Walmart Inc. and the bankruptcy successor to Bonobos Inc. in Delaware's Court of Chancery late Thursday, asserting hundreds of million in claims and compensatory and punitive damages under both Delaware and New York law arising from an allegedly fraudulent transfer of a Fifth Avenue retailer's lease and obligations.
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July 03, 2025
Peloton Execs Resolve NY Investor Suit Over Treadmill Risks
A New York federal judge has approved a deal resolving derivative claims against the leadership of fitness company Peloton Interactive Inc., settling allegations of safety issues with its Tread+ treadmill by requiring governance reforms and awarding $1.75 million in attorney fees and costs.
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July 03, 2025
7th Circ. Cuts Chicken Price-Fixing Atty Fees Again
A Seventh Circuit panel reduced a $51.6 million fee award for class counsel who took on alleged price-fixing among the country's biggest producers of broiler chickens to about $47 million Wednesday, saying the district court made one easily-correctable error.
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July 03, 2025
Dems Query Banks On Any Zelle Fraud Link To Social Media
Top Democratic lawmakers are questioning major banks on how they're protecting customers from "significant scams and fraud" via Zelle, in light of JPMorgan Chase's recent decision to block transactions that originate from social media on the peer-to-peer payment platform.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
TRESemme Buyers' Claims Too Tangled For Class Cert.
A New York federal judge has denied class certification for a class of 717 buyers of Unilever's TRESemme shampoo who allege the product caused allergic reactions and hair loss, saying their claims would require too much individual inquiry for class certification to be appropriate.
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July 03, 2025
Medela Can't Escape Trade Dress Claim In Breast Pump Suit
An Illinois federal judge has refused to let Medela escape allegations that it infringed a rival's trade dress in a suit over a silicone breast pump design, but agreed to trim a false advertising claim.
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July 03, 2025
Cannabis Co. Nectar Sues Chicago Atty For $500K
A Chicago attorney and his business partner are accused of defrauding Oregon-based cannabis company Nectar in a federal lawsuit that claims they promised to secure an Illinois license for the company but instead walked away with hundreds of thousands of dollars.
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July 03, 2025
The Firms That Won Big At The Supreme Court
The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
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July 03, 2025
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.
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July 03, 2025
Citgo, Castrol Field Billion-Dollar Bids, And More Deal Rumors
Vitol submitted a more than $10 billion bid to buy the parent of Venezuela-owned U.S. refiner Citgo Petroleum, according to Wednesday reports, but subsequent news indicated that it might not be enough to beat out the competition. Castrol, which is BP's lubricant arm, is also running an auction process, with private equity firm Clayton Dubilier & Rice reportedly emerging as one of the latest bidders.Â
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July 03, 2025
Capital Markets Upturn Sets Stage For Second-Half Rebound
Deals attorneys are approaching the second half of 2025 increasingly confident that capital markets' activity will accelerate despite potential headwinds stemming from higher tariffs, interest rate uncertainties and geopolitical turmoil.
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July 03, 2025
The Biggest Rulings From Mass. High Court So Far In 2025
Massachusetts' top court has tackled a controversial housing initiative, the thorny issue of qualified immunity for public employees and even a high-profile murder case in the first six months of 2025.
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July 03, 2025
Brookfield Business Partners Sells Stake To Evergreen Fund
Brookfield Business Partners, the flagship listed vehicle of Brookfield Asset Management, on Thursday announced that it has agreed to sell a portion of its stake in three businesses to a new evergreen private equity strategy managed by the group.
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July 02, 2025
Amid DEI Uncertainty, Cos. Face Pressure From All Sides
Attorneys have been analyzing the Trump administration's many pronouncements against diversity, equity and inclusion programs over the past several months, only to be left with questions as to what exactly "illegal DEI" is and what the government will do to police it.
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July 02, 2025
The Biggest Patent Rulings Of 2025: A Midyear Report
A ruling by the full Federal Circuit invited greater scrutiny of patent damages testimony, and the U.S. Patent and Trademark Office's acting director established new criteria for rejecting patent challenges. Here's a look at the top patent decisions from the first half of 2025.
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July 02, 2025
Teamsters Say Kroger Must Arbitrate Health Insurance Dispute
A Teamsters local sought to nix Kroger's attempt to dismiss allegations that the grocery giant won't arbitrate a grievance about health insurance coverage for a worker's family members, telling a Kansas federal judge the company can't raise claims about arbitrability at this point in the proceeding.
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July 02, 2025
Amazon Judge Presses FTC On Bid For 'Bad Faith' Finding
As the Federal Trade Commission insisted Wednesday that Amazon should be punished with a bad faith finding for mislabeling documents as privileged in a case over the company's Prime subscription practices, a Washington federal judge questioned why the agency wasn't "made whole" when the court granted its sanctions bid.
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July 02, 2025
EQV Ventures' Upsized IPO Tops 4 Listings Totaling $830M
Energy-focused special purpose acquisition company EQV Ventures Acquisition Corp. II began trading Wednesday after pricing an upsized $420 million initial public offering, in the largest of four SPAC IPOs totaling $830 million.
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July 02, 2025
Chinese Cannabis Vape Maker Accused Of Monopoly
The Chinese companies behind cannabis vape brand CCELL and a number of its U.S. distributors were accused of organizing an anticompetitive price-fixing scheme that gave them market dominance, according a proposed class action lawsuit, at least the second this year to make similar claims.
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July 02, 2025
Ill. Judge Asks Deere Rivals To Stop Pestering Court Staff
The judge overseeing the FTC's antitrust enforcement action against farm machinery maker Deere & Co. has penned a light-hearted order calling out another judge and asking equipment manufacturers to stop calling his staff to ask for advice.
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July 02, 2025
Ex-Worker Says Sto Corp. Fired Him After Hospitalization
A former Georgia worker for construction materials manufacturer Sto Corp. accused the company in a Tuesday disability discrimination lawsuit of showing him the door after he was hospitalized with a heart condition.
Expert Analysis
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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.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Lessons From FTC Action On Dark Patterns In User Interfaces
The Federal Trade Commission's recent complaint against Uber for its billing and cancellation practices comes amid other actions addressing consumer confusion and deception, so it is paramount to deploy tools that assess customers' cognitive states of mind to separate lawful marketing from misconduct, says Ceren Canal Aruoba at Berkeley Research Group.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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Neb.'s Cannabis Regulatory Void Poses Operational Risks
With the Nebraska Legislature recently declining to advance any cannabis legislation, leaving the state without a regulatory framework for voter-passed initiatives, the risks of operating without clear rules will likely affect patients, providers and caregivers, says John Cartier at Omnus Law.
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Google Ad Tech Ruling Creates Antitrust Uncertainty
A Virginia federal court’s recent decision in the Justice Department’s ad tech antitrust case against Google includes two unusual aspects in that it narrowly construed U.S. Supreme Court precedent when rejecting Google's two-sided market argument, and it found the company liable for unlawful tying, say attorneys at Ballard Spahr.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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AG Watch: Texas Expands Use Of Consumer Protection Laws
In recent years under Attorney General Ken Paxton, Texas has demonstrated the breadth of its public interest authority by bringing actions in areas not traditionally associated with consumer protection law, including recent actions involving sports and public safety, say attorneys at Kelley Drye.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.