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Retail & E-Commerce

  • August 06, 2025

    Indivior Beats Investor Suit Over Opioid Drug Sales Forecasts

    A Virginia federal judge Wednesday tossed an investor class action accusing drugmaker Indivior PLC of overstating the financial prospects of its drugs used to treat opioid use disorders and its ability to forecast such financial projections, finding, among other things, that the complaint's challenged statements are inactionable.

  • August 06, 2025

    Feds Give Amazon's Zoox Robotaxis Green Light

    Amazon's self-driving car unit, Zoox Inc., has received federal approval to deploy fleets of robotaxis, making the company the first to receive an exemption from Federal Motor Vehicle Safety Standards for U.S.-built autonomous vehicles under a newly expanded program, the National Highway Traffic Safety Administration said Wednesday.

  • August 06, 2025

    Valve Won't Pay $21M Arb. Fee In Antitrust Fight, Gamers Say

    About 15,000 users of Steam, one of the largest online sellers of video games, have accused the platform's operator, Valve, in a new proposed class action in Washington federal court of refusing to pay its nearly $21 million share in arbitration fees stemming from a series of individual antitrust disputes, in which consumers alleged the company inflated the price it charged for games.

  • August 06, 2025

    Groupe Dynamite Sued Over 'Members Only' Hoodie

    The owner of the Members Only clothing brand, which skyrocketed to popularity in the 1980s, sued Canadian apparel company Groupe Dynamite Inc., claiming it was making a hoodie that used the mark.

  • August 06, 2025

    Ceramics Co. Seeks Biz Interruption Coverage Over Hurricane

    A ceramics and home goods retailer accused a Travelers unit of violating North Carolina's unfair claims settlement practices and deceptive trade practices laws, telling a federal court the insurer deliberately misrepresented statements from its chief financial officer to support its denial of the retailer's Hurricane Helene claim.

  • August 06, 2025

    Anheuser-Busch, Hard Seltzer Co. End $90M Contract Feud

    Anheuser-Busch and alcoholic seltzer producer Boathouse Beverages LLC's holding company have dropped claims against one another in a multimillion-dollar Connecticut contract dispute over a product line the beverage giant purchased in 2016.

  • August 06, 2025

    Pa. House Bill Seeks To Legalize, Tax Adult-Use Cannabis

    Pennsylvania would legalize adult-use cannabis and impose a tax on its sale and cultivation under a bill introduced in the state House of Representatives.

  • August 06, 2025

    DOJ, Google Get OK For 2-Week Ad Tech Remedies Trial

    When Google faces off against the U.S. Department of Justice at trial next month to determine what remedy the tech behemoth should provide for illegally maintaining a monopoly over advertising technology services, they'll each get five or six court days to make their case.

  • August 06, 2025

    2nd Circ. Backs J&J Spinoff In 'Rapid Release' Label Suit

    The Second Circuit on Wednesday declined to revive a proposed class action alleging a Johnson & Johnson spinoff company misled consumers by claiming that "Rapid Release" Tylenol gelcaps dissolve faster than other types of Tylenol.

  • August 06, 2025

    Big Lots, Gordon Bros. Strike Deal Over HQ Sale Funds

    Liquidating retailer Big Lots told a Delaware bankruptcy judge that it has reached a deal with Gordon Brothers Retail Partners after the consulting firm said it was owed the first $10 million from the $36 million sale of Big Lots' corporate headquarters in Ohio.

  • August 06, 2025

    Honey Dew Says M&A Adviser Missed Fake $25M Letter

    Massachusetts-based regional coffee and donut chain Honey Dew says the investment banking firm it hired to find a buyer in 2018 would have learned that a $25 million "proof of funds" letter purporting to be from UBS was a forgery had it performed the expected due diligence.

  • August 06, 2025

    Jewelry Chain Claire's Hits Ch. 11 Again, Will Close 700 Stores

    The parent company of jewelry chain Claire's filed for Chapter 11 protection Wednesday for the second time in seven years with $690 million in funded debt and plans to close 700 stores.

  • 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.

Expert Analysis

  • Fed. Circ. In Feb.: Lessons On Cases With Many Patent Claims

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    The Federal Circuit's decision in Kroy IP v. Groupon last month establishes that inter partes review petitioners cannot rely on collateral estoppel to invalidate patent claims after challenging a smaller subset, highlighting the benefit that patent owners may gain from seeking patents with many claims, say attorneys at Knobbe Martens.

  • How Calif. Algorithmic Pricing Bills Could Affect Consumers

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    California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.

  • How Importers Can Minimize FCA Risks Of Tariff Mitigation

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    False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.

  • State Securities Enforcers May Fill A Federal Enforcement Gap

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    The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.

  • The PFAS Causation Question Is Far From Settled

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    In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • 3 Del. Bankruptcy Cases Highlight US Trustee Objections

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    As three recent Delaware bankruptcy cases show, debtors who seek approval of a stalking horse bid protections agreement should be prepared for the U.S. Trustee Office's objections, including if the proposed classification for the bid protections is a superpriority administrative expense claim, says Kyle Arendsen at Squire Patton.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • How Fed. Circ. Ruling Complicates Patent Infringement Cases

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    The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive — but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split

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    The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.

  • Opinion

    CPSC's Amazon Ruling Is A Win For Safety, Accountability

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    A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.

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