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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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Cosmetic Co. Considerations As More States Target PFAS
In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.
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Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol
As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Action Steps To Prepare For Ramped-Up Export Enforcement
In light of recent Bureau of Industry and Security actions and comments, companies, particularly those with any connection to China, should consider four concrete steps to shore up their compliance programs given the administration's increasingly aggressive approach to export enforcement, say attorneys at Gibson Dunn.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Maneuvering The Weeds Of Cannabis Vertical Integration
The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.
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The Future Of Privacy Enforcement Under Ferguson's FTC
Federal Trade Commission Chair Andrew Ferguson's early actions indicate a marked shift toward a more traditional approach to privacy enforcement, so companies should expect the commission to maintain a strong focus on enforcing Section 5 of the FTC Act in the privacy area, says Kandi Parsons at ZwillGen.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Tips For Companies Crafting Tariff Surcharge Disclosures
As the Trump administration imposes tariffs on imports, retail businesses considering itemizing tariff-related costs separately for consumers must ensure that any disclosures are both accurate and defensible to avoid regulatory enforcement or private suits, says Christopher Cole at Katten.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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Compliance Lessons From Warby Parker's HIPAA Fine
The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.