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Retail & E-Commerce
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June 09, 2025
Rite Aid Gets Stay Of Appeals From Its Earlier Bankruptcy
The New Jersey bankruptcy judge overseeing Rite Aid's current insolvency case pressed pause Monday on appeals of orders he entered last year in the drugstore chain's previous Chapter 11.
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June 09, 2025
15 States, DC Sue ATF Over Machine Gun Trigger Turnaround
Fifteen states and the District of Columbia sued the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and U.S. Attorney General Pamela J. Bondi on Monday, alleging the Trump administration "suddenly reversed course" on regulations of machine gun conversion devices called forced reset triggers, switching from banning the triggers to returning them to their owners.
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June 09, 2025
Tariffs Tip Fashion Retailer Oak And Fort Into Ch. 15
Canadian clothing retailer Oak and Fort Corp. and several affiliates have filed for Chapter 15 protection in New York bankruptcy court with almost $20 million in debt, saying U.S. tariffs on China have cut into profits and caused its lenders to pull back on financing.
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June 09, 2025
Iowa Expands Property, Sales Tax Breaks For Data Centers
Iowa expanded property tax and sales and use tax breaks for data centers to include leased facilities under legislation signed by the governor.
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June 09, 2025
Sam's Club Sued Over Botulism Death Linked To Potato Soup
Sam's Club West Inc. sold a 76-year-old woman some potato soup that was "tainted by botulism" and caused her to be hospitalized for almost a month before she ultimately died from her illness, according to a wrongful death suit the grocer removed to Colorado federal court.
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June 06, 2025
FTC Scoffs At Meta's Accusation Of 'Biased' Econ Expert
The FTC on Friday urged a Washington, D.C., federal judge to reject Meta's bid to strike testimony the agency's lead economics expert gave during the antitrust trial over Meta's purchase of Instagram and WhatsApp, scoffing at the allegation the New York University School of Law professor is biased.
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June 06, 2025
Circle's Smash IPO Could Pave Way For More Crypto Listings
Stablecoin issuer Circle's explosive debut will likely stimulate more crypto listings and possibly jolt the broader pipeline of initial public offerings, capital markets attorneys say.
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June 06, 2025
T.I., Tiny Urge Judge To Prevent 4th Trial In $71M Doll Row
Clifford "T.I." Harris and Tameka "Tiny" Harris have urged a California federal judge to reject MGA Entertainment's motion to reverse a jury's $71.4 million verdict finding the company infringed the trade dress and publicity rights of the OMG Girlz pop group, saying the rehashed arguments fall flat.
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June 06, 2025
9th Circ. Mulls If Seagate Win Could Spur Antitrust Suits
A Ninth Circuit judge on a panel doubted Seagate Technology's request to reverse NHK Spring's partial win in an antitrust fight over hard drive components, observing Friday that Seagate's position may broaden antitrust liability and asking "how does this not open up the floodgates for a new plaintiffs' cottage industry?"
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June 06, 2025
Full 11th Circ. Asked To Rethink Workplace Attack Case
An employee has asked the en banc Eleventh Circuit to rethink its ruling that wholesale restaurant supply store McLane Foodservice Inc. is not liable for injuries suffered by an employee who was set on fire at work by a former partner, arguing it took too narrow a view on foreseeability.
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June 06, 2025
OpenAI, Microsoft Say Musk Hasn't Fixed RICO Claims
OpenAI and Microsoft have urged a California federal judge to again trim Elon Musk's lawsuit challenging OpenAI's now-abandoned transition to a for-profit enterprise, arguing the billionaire and his own artificial intelligence company, xAI, have not made any changes to their previously nixed claims for contract breach and fraudulent enterprise.
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June 06, 2025
Rite Aid Emphasizes It Will Pay Rent To Objecting Landlords
The twice-bankrupt drug store chain Rite Aid is seeking to reassure landlords who filed a spate of objections in recent days that it intends to continue meeting lease obligations despite its move to close some locations.
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June 06, 2025
Judge Won't Toss 'Patent Ambush' Case Against Clorox, Brita
A Pennsylvania federal judge has shot down a bid from Clorox Co. and its Brita brand to toss an antitrust lawsuit accusing the companies of engaging in a "patent ambush" to corner the market on home water filters, saying the request was premature.
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June 06, 2025
Judge Flushes Class Claims In Toilet Paper Sweepstakes Row
An Illinois federal judge threw out class claims in a suit accusing Procter & Gamble of failing to provide promised prizes to people notified they were winners of a monthly sweepstakes to promote the sale of Charmin toilet paper, saying class actions are barred by the rules of sweepstakes and those who entered agreed to those terms.
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June 06, 2025
CVS Health Can't Dodge Blame In Omnicare False Claims Suit
A New York federal judge rebuffed an attempt from CVS Health Corp. to evade responsibility in a False Claims Act case, after a jury found that its subsidiary Omnicare bilked the federal government out of over $135 million in fraudulent drug claims.Â
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June 06, 2025
NJ Panel Revives Contract Row Between Pot Co., Landlord
A New Jersey state appeals court on Friday revived a Paterson property owner's suit against a would-be dispensary and its principals alleging they broke a deal to share profits from the dispensary, finding that the trial court wrongly conflated the contract's requirement for local approval with a cannabis license.
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June 06, 2025
Kroger-Owned Grocery Escapes Baby Food Metal Claims
Harris Teeter escaped a proposed class action against parent Kroger and other grocery stores alleging that their Simple Truth baby teething wafers contain unsafe levels of toxic metals, according to a Friday order.
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June 06, 2025
Mich. Judge OKs $200K Deal In Pot Co. Tip-Theft Action
A Michigan federal judge on Friday granted initial approval of a $205,000 settlement to end a collective action alleging the owner of a chain of Michigan dispensaries withheld portions of tips meant to go to retail workers.
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June 06, 2025
Frito-Lay Sun Chips Not 100% Whole Grain, False Ad Suit Says
Frito-Lay's brand of Sun Chips are deceptively labeled as containing "100% Whole Grain," despite the fact the products contain maltodextrin derived from corn, which is a highly refined grain stripped of important nutrients amid the refining process, alleges a proposed class action filed in California federal court.
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June 06, 2025
Expert Witness Biz Says Ex-Worker Stole Trade Secrets
Litili, a company that connects expert witnesses to attorneys working on civil cases, has brought a lawsuit in California state court against its former account representative, alleging she took the firm's confidential proprietary business information and used it in her new role at a competing business.
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June 06, 2025
Taxation With Representation: Winston, Stibbe, Weil, Goodwin
In this week's Taxation With Representation, Chart Industries Inc. and Flowserve Corp. merge, Aedifica NV and Cofinimmo NV unite, Sanofi buys Blueprint Medicines Corp., and Kimberly-Clark Corp. sells a majority stake in its international tissue business to Suzano.
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June 05, 2025
Judge Boosts $2.7M Window Shade Patent Verdict To $5.3M
A New York federal judge has refused to throw out a jury's verdict finding that lighting fixture company Lutron Electronics infringed a window shade patent owned by GeigTech, finding that Lutron owes $5.3 million in damages rather than the initial $2.7 million amount awarded by the jury.
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June 05, 2025
Playboy Fired Exec For Raising Harassment Issues, Suit Says
Playboy's ousted chief creative officer filed a retaliation suit against the company in Los Angeles Superior Court on Thursday alleging he was illegally terminated after speaking up about sexual harassment, financial improprieties and a minor uploading explicit images of herself to a public company website.
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June 05, 2025
Poultry Workers Get Final OK On $398M Wage-Fixing Deals
A Maryland federal judge granted final approval Thursday to settlements worth nearly $400 million for poultry processing workers who claimed that the nation's biggest chicken producers conspired to suppress their wages.
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June 05, 2025
Infant Cushion Maker Urges DC Circ. To Vacate CPSC Rule
A company that manufactures infant support cushions has told the D.C. Circuit that the U.S. Consumer Product Safety Commission overstepped its authority by issuing a rule regulating the products as "durable" and thus skirting congressional limits on its ability to issue mandatory product safety standards.
Expert Analysis
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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.
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Franchise Group Dispute Reflects Rising Intercreditor Suits
A recent complaint filed by senior creditors against junior creditors in the Franchise Group bankruptcy could embolden lenders to take preemptive action against one another in bankruptcy proceedings, and could affect the way secured lenders draft intercreditor agreements going forward, say attorneys at Choate.
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A Path Forward For Colo. Pot Products After Failed Safety Test
As cannabis products in Colorado face increasingly rigorous contamination testing, decontamination and remediation can be an alternative to destruction after a failed safety check, in certain circumstances, so understanding the nuances of these procedures is vital, say attorneys at Troutman Pepper.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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How Trucking Cos. Can Keep Rolling Under Tariff Burdens
Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.