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Retail & E-Commerce

  • June 17, 2025

    PepsiCo Makes Workers Undercount Hours, PAGA Suit Says

    PepsiCo instructs hourly paid employees to only document their scheduled hours and not the time they actually spend working, causing workers to lose out on overtime wages and not receive pay for skipped meal breaks, a Private Attorneys General Act suit filed in California state court said.

  • June 17, 2025

    Chicago Smoke Shop Fights License Ban Near Midway Airport

    A Chicago smoke shop on Monday sued the city over a new ordinance banning the sale of and possession of cannabinoid hemp products, saying an additional clause blocking tobacco licenses in a neighborhood near the Chicago Midway International Airport goes too far.

  • June 16, 2025

    Ex-Gree Execs Get 3 Yrs. In Landmark Product Safety Case

    Two former Gree USA Inc. executives were sentenced to approximately three years in prison each by a California federal judge on Monday, after being found guilty of conspiracy to defraud the U.S. Consumer Product Safety Commission by failing to report defective humidifiers in landmark criminal convictions under the Consumer Product Safety Act.

  • June 16, 2025

    Smoke Shop Fights 2nd Shutdown By NY Cannabis Agency

    A western New York smoke shop, shut down for allegedly selling cannabis without a license, is urging a state court to override a decision by the Office of Cannabis Management to close the shop months after it was allowed to reopen, arguing that the agency violated state law by not giving the business a chance to challenge the second closure.

  • June 16, 2025

    Bank Groups Will Join In On Fed's Debit-Card Swipe Fee Fight

    Two banking industry groups received a North Dakota federal judge's permission Monday to present the perspective of banks when he holds a key hearing next month to mull a retailer-backed legal challenge to the Federal Reserve's limits on debit-card swipe fees.

  • June 16, 2025

    MyPillow CEO Hit With $2.3M Verdict In Colo. Defamation Trial

    A Colorado federal jury on Monday found MyPillow CEO Mike Lindell and one of his companies liable for more than $2 million in damages in a defamation case accusing him of amplifying false claims that a former Dominion Voting Systems executive rigged the 2020 election against Donald Trump.

  • June 16, 2025

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery this past week sought answers in the high-stakes battle over the constitutionality of newly enacted Delaware corporation law amendments, which will hitch a ride to the state's Supreme Court via a suit contesting a $117 million acquisition of Clearway Energy Inc. by its majority shareholder.

  • June 16, 2025

    Judge's Halt On Counterfeit Suits Has Brands Scrambling

    A Chicago federal judge has halted proceedings in dozens of lawsuits that group numerous online sellers in single complaints alleging counterfeiting, highlighting a widening skepticism over the litigation strategy in the judicial district where most of the so-called Schedule A cases are filed in the U.S.

  • June 16, 2025

    Apple Can't Duck Renewed ICloud Monopoly Suit

    A California federal judge refused Monday to dismiss a proposed class action accusing Apple of maintaining a monopoly by keeping "full-service" cloud storage functionality limited to its own iCloud service while barring third-party cloud storage from accessing all files on iPhones and iPads.

  • June 16, 2025

    Cannabis Regulators Association Names New Board Members

    The Cannabis Regulators Association, an international organization of government officials who oversee marijuana and hemp policy, on Monday announced its new executive board.

  • June 16, 2025

    Lowe's Faces Worker Class Claims Over Tobacco Surcharge

    Lowe's overcharges its employees for health insurance if they are tobacco users in violation of federal benefits law, according to a proposed class action filed Monday in North Carolina federal court.

  • June 16, 2025

    Brewer, Tequila Co. Settle 'Dragon's Milk' TM Fight

    A Michigan federal judge on Monday dismissed a trademark dispute between a brewing company and a tequila company that the brewer had sued over its "Dragon's Milk" name, after the parties reached a settlement.

  • June 16, 2025

    Joann Seeks Ch. 11 Block For Vendors' Ohio Suit

    Bankrupt fabric retailer Joann Inc. has asked a Delaware bankruptcy judge to block an Ohio state suit filed against seven top company officials by vendors who claim they were deceived into extending credit to the 80-year-old fabric retailer between its first and second retreat into Chapter 11.

  • June 16, 2025

    Hemp Farm Says $3.9M Seizure Suit Wasn't Filed Too Late

    A California hemp farm is urging a Tennessee federal court not to throw out its suit as untimely against a Tennessee sheriff's office over $3.9 million in hemp flower the farm claimed was wrongly seized and then destroyed, saying it only learned that the hemp was illegally seized at a hearing for the hemp deliveryman months afterward.

  • June 16, 2025

    Water Filter Co. Seeks Help Getting Clorox's Deleted Emails

    A water filtration company accusing Clorox Co. and its Brita brand of a "patent ambush" to corner the market on home water filters has told a Pennsylvania federal court it needs assistance obtaining emails Clorox purportedly admitted to getting rid of through an auto-delete policy.

  • June 16, 2025

    Weil Guides PE-Backed 365 Retail On $848M Cantaloupe Buy

    Michigan-based 365 Retail Markets, a provider of self-checkout retail technology and a portfolio company of Providence Equity Partners LLC, announced Monday it will acquire Pennsylvania-based Cantaloupe Inc. in an all-cash deal valued at about $848 million.

  • June 16, 2025

    AI Legal Tool Co. Allegedly Misuses Litigants' Names For Ads

    A group of litigants from California and Washington has filed a suit against legal technology firm UniCourt Research Inc. in federal court, alleging the company used details about their disparate case to promote its software subscription.

  • June 16, 2025

    Home Decor Retailer Blames Tariffs For New Ch. 11 Filing

    Household furnishing retail chain At Home Group Inc. filed for Chapter 11 protection Monday with just shy of $2 billion of debt, saying recent uncertainty over tariffs worsened its highly leveraged balance sheet and drove it into bankruptcy.

  • June 16, 2025

    Justices Deny Challenge To Copyright's 'Discovery Rule'

    The U.S. Supreme Court said Monday it will not revisit the so-called discovery rule, rejecting an appeal from a shoe designer who argued the justices needed to clarify whether it's appropriate to bring copyright claims outside the three-year statute of limitations.

  • June 13, 2025

    1st Amendment Shields MyPillow CEO From Claims, Jury Told

    Attorneys representing MyPillow CEO Mike Lindell in his defamation trial told a Colorado federal jury on Friday that their client's words are shielded by the First Amendment, urging the eight-person panel to ignore a former Dominion Voting Systems employee's attempts to confuse them.

  • June 13, 2025

    AbbVie Sues Colo. Over State Discount Drug Law

    AbbVie Inc. on Thursday filed suit in Colorado federal court seeking to block an incoming state law it alleges conflicts with the federal 340B drug discount program by forcing pharmaceutical manufacturers to sell drugs at steep discounts to commercial pharmacy chains like Walgreens and CVS.

  • June 13, 2025

    DOJ Reveals Criminal Antitrust Probe In Fragrance Market

    The U.S. Department of Justice said Friday it is investigating potential price-fixing in the fragrance industry and asked a New Jersey federal judge for permission to intervene in litigation accusing fragrance giants of conspiring to reduce competition, saying it needs to protect the criminal investigation.

  • June 13, 2025

    Stewart Releases Flood Of Discretionary Denial Decisions

    The acting U.S. Patent and Trademark Office director issued more than a dozen discretionary denial decisions on Thursday and Friday, where she ruled largely in favor of the challenger, made clear that challenges to young patents have a huge advantage and brought in a denial based on assignor estoppel.

  • June 13, 2025

    DOJ Says Google Still Won't Turn Over Ad Tech Breakup Docs

    The U.S. Department of Justice on Friday told the Virginia federal court overseeing its ad tech monopolization case against Google that the search giant is still withholding documents analyzing a potential breakup of its ad tech business despite an order last month requiring it to produce the material. 

  • June 13, 2025

    Shein Faces Arbitration Push Over Paid Influencer Claims

    The Singapore-based owner of fast-fashion retailer Shein has told an Illinois federal judge that a proposed class of consumers must arbitrate their claims accusing the global e-commerce platform of trying to hide that it paid social media influencers to promote its products.

Expert Analysis

  • More Environmental Claims, More Greenwashing Challenges

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    As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.

  • Overseas Investment Rule Calls For Compliance Caution

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    Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.

  • Calif. Cannabis Decision Deepens Commerce Clause Divide

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    In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • Influencer IP Case Risks Judges Becoming Arbiters Of 'Vibes'

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    The case of Gifford v. Sheil, pending in Texas federal court, involves an influencer alleging that distinctive social media aesthetics constitute protectable property, and reflects a troubling trend: the overreach of intellectual property law in areas better left for creative freedom, say attorneys at Holland & Knight.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • For Accounting Integrity, Start With The Rank-And-File

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    Macy's acknowledgment of an employee's accounting mistake underscores a valuable lesson for company leaders in fostering compliance with the Sarbanes-Oxley Act by cultivating a culture committed to strong accounting integrity and robust oversight, say Keerthika Subramanian and Jon Mantis at Winston & Strawn.

  • A Look At FDA's Plans To Establish New OTC Drug Category

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    The U.S. Food and Drug Administration's recently finalized rule, creating a new over-the-counter pathway for drugs when patients satisfy certain conditions, may be useful for off-patent drugs with established safety records, though switching to OTC comes with additional costs and considerations, say attorneys at Skadden.

  • Chancery May Have Raised Bar For Books, Records Requests

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    The Delaware Court of Chancery recently approved the denial of a books and records demand against Amazon, raising important questions about what evidence and purpose a stockholder is required to show to succeed on such a request, say attorneys at Selendy Gay.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

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