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Retail & E-Commerce

  • July 29, 2025

    $32M Verdict Holds Up In Curaleaf Pot Farm Dispute

    A Michigan federal judge on Tuesday said he was "waving goodbye" to a years-old case as he denied Curaleaf units' bid to unravel a $32 million verdict in favor of a marijuana farm that alleged the companies breached a sales contract, finding the jury had enough evidence to support its decisions.

  • July 29, 2025

    New Guidelines Aim To Reform Counterfeiter Case Practices

    Amid federal courts' growing concern toward a legal strategy of joining dozens of alleged counterfeiters in a single complaint, plaintiff attorneys who are among the most frequent filers of such cases have announced what they consider best practices for the litigation.

  • July 29, 2025

    Hershey Tries To Sink Suit Over Spicy Chip Blamed For Death

    The Hershey Company has asked a Massachusetts federal judge to dismiss a lawsuit brought by the family of a teen who died after participating in a viral social media trend dubbed the "One Chip Challenge," which involved consuming an extremely spicy tortilla chip, saying the product is legal and includes "prominent warning labels."

  • July 29, 2025

    Del. Justices Undo Amazon's Chancery Win In Docs Row

    A Delaware Supreme Court panel has reversed a Court of Chancery decision tossing a suit from Amazon stockholders seeking company documents to probe alleged anticompetitive behavior, wrongdoing and mismanagement, finding the lower court declared the claims "overbroad" without considering their credibility.

  • July 29, 2025

    Some OpenAI Defenses Nixed In 'Over-Litigated' Musk Suit

    A California federal judge briefly took Elon Musk and OpenAI to task on Tuesday, in an order summarily nixing some of the ChatGPT-maker's affirmative defenses against the billionaire's lawsuit challenging plans to change its corporate structure.

  • July 29, 2025

    Leagues, Fanatics Seek Exit From Trading Card Antitrust Suit

    The NFL, MLB, NBA and Fanatics have urged a New York federal court in separate filings to toss an antitrust lawsuit that accuses the organizations of monopolizing the trading card market, arguing the complaint fails to establish an unlawful conspiracy to restrain the market.

  • July 29, 2025

    Another Pot Co. Targeted In Potency Suit By Plaintiff Firm

    Attorneys with plaintiff firm Luisi Holz Law have hit another cannabis vape company with a suit alleging that it misrepresents its vapable oils as concentrates to get around Illinois's limits on sale and possession of THC-containing products.

  • July 29, 2025

    Pot Growers Not Forum-Shopping In $17M Suit, Judge Finds

    A Massachusetts state court judge has rejected claims of forum shopping made by a berry farm accused of contaminating nearby cannabis fields with pesticides, denying a motion to dismiss the case for lack of jurisdiction.

  • July 28, 2025

    Ex-Munchkin GC Sues Over 'War On Families' At Baby Co.

    Munchkin Inc.'s former general counsel says he was fired for trying to sound the alarm about the baby products brand's "war on families" and culture of discrimination against working mothers and families, in a $10 million suit filed in California state court on Friday.

  • July 28, 2025

    Fiserv Misled Investors On Platform Growth, Suit Says

    Fiserv has been hit with a proposed shareholder class action in New York federal court accusing the payment processing technology company of artificially inflating its growth numbers through the forced migration of customers from its older platform to a newer, more expensive system.

  • July 28, 2025

    CREXi Wants CoStar's Copyright Claims To Wait

    Commercial Real Estate Exchange Inc. is asking to put CoStar's copyright infringement claims against it on hold so they can be tried alongside its recently revived antitrust claims against the property listing rival.

  • July 28, 2025

    Amazon Looks To Ax Claims Of Heavy Metals In Rice Products

    Amazon urged a Washington federal court to dismiss proposed class litigation seeking to hold the company responsible for rice products sold through its online store that contain toxic metals such as lead and mercury, saying there's no allegation the levels are "above any applicable legal or regulatory thresholds."

  • July 28, 2025

    DraftKings Escapes Class Action Over $1,000 Bonus Promo

    A Brooklyn federal judge dismissed a proposed class action targeting a DraftKings promotion promising $1,000 in bonus funds for new customers, finding Monday that the online betting giant properly explained that the funds were subject to specific requirements.

  • July 28, 2025

    Coca-Cola Looks To Drain '100% Natural Flavors' False Ad Suit

    Coca-Cola urged a California federal judge to drain a proposed class action alleging it deceptively labels its Sprite sodas as made with "100% natural flavors" despite containing citric acid, arguing Friday the plaintiff doesn't plausibly allege the citric acid is artificial, and that her claims are preempted by federal law.

  • July 28, 2025

    Electrolux Range's Defect Led To Fire, Insurer Tells Court

    Three Electrolux companies manufactured ranges with a foreseeable defect that allowed the products to unintentionally activate, a property insurer told a Connecticut federal court as it sought to recover the claim payout for a homeowner's kitchen fire.

  • July 28, 2025

    Walmart Makes Deal After $223M Loss In Trade Secrets Trial

    Walmart Inc. has reached a settlement with Zest Labs Inc. to end a suit accusing the retail behemoth of using Zest Labs' trade secrets related to shelf-freshness technology after a jury awarded the company $223 million in damages, according to a Monday court order.

  • July 28, 2025

    Cannabis Shop Applicant Sues NY Regulators Over Delays

    A company that applied for a cannabis retail license in New York has sued regulators in state court, alleging unreasonable delays in processing the company's application.

  • July 28, 2025

    FTC Stands By Media Boycott Subpoena Into Media Matters

    The Republican-controlled Federal Trade Commission has refused to quash its investigation into the left-leaning Media Matters for America, standing by a subpoena it said is "one of seventeen still-outstanding" demands made as part of a broader probe looking for potential group boycotts of advertising on disfavored platforms.

  • July 28, 2025

    NC Rep.'s CBD Co. Hits Biz Partners With $1.6M Counterclaim

    Asterra Labs LLC, a hemp and CBD company run by North Carolina State Rep. John Bell, has filed a $1.6 million counterclaim against companies that alleged this month that Asterra used Bell and others' political influence to coerce them into a bad deal, asserting it was the plaintiffs who defrauded Asterra and others.

  • July 28, 2025

    Peloton Looks To Snuff Out Investors' Recall Suit Again

    Peloton hopes to extinguish a second attempt by investors at finding the company and its executives at fault for the way the company handled a recall of its defective bicycle seats, telling a New York federal judge Monday that the amended complaint does not cure deficiencies that led to the lawsuit's initial dismissal.

  • July 28, 2025

    Shutdown Possible For Cannabis Seller After $4.9M Fine

    A Connecticut judge said Monday that he expects to order a smoke shop that is on the hook for a $4.93 million civil judgment over illegal cannabis sales to shut down by 5 p.m. Tuesday if it continues to flout a court order to stop selling prohibited products.

  • July 28, 2025

    9th Circ. Tosses 'Bike+' Infringement Claims Against Peloton

    The Ninth Circuit has declined to revive trademark infringement claims against Peloton brought by a professional cyclist's fitness app company, finding no reasonable factfinder could find a likelihood of consumer confusion between the app and one of Peloton's exercise bikes.

  • July 28, 2025

    Merger Settlements Return As Enforcers Keep Busy

    The first half of 2025 saw a string of settlements by the Federal Trade Commission and the U.S. Department of Justice allowing mergers to move forward, a marked shift from the prior administration.

  • July 28, 2025

    Store Managers Say Shoe Co.'s OT Violations Were Common

    A shoe retailer had a common policy of requiring store managers to work outside their shifts, two former employees of the company said, urging a North Carolina federal court to greenlight a collective in their overtime suit.

  • July 25, 2025

    Sports & Betting Cases To Watch In The Second Half Of 2025

    Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.

Expert Analysis

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    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.

  • AG Watch: Texas Expands Use Of Consumer Protection Laws

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    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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    Power To The Paralegals: An Untapped Source For Biz Roles

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    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.

  • Franchise Group Dispute Reflects Rising Intercreditor Suits

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    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.

  • A Path Forward For Colo. Pot Products After Failed Safety Test

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    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.

  • The Legal Risks Of US Restrictions On Investments In China

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    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.

  • How Trucking Cos. Can Keep Rolling Under Tariff Burdens

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    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.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    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.

  • 3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill

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    As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.

  • Opinion

    Counterfeiting Cases Could Alter TM Law, Hurt Resale Market

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    Trademark infringement litigation brought by Nike and Chanel against resale platforms could reshape the first-sale doctrine, with the future of the $49 billion luxury fashion resale market at stake, says attorney Charles Meyer.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • How NY's FAIR Act Mirrors ÃÛÌÒÊÓÆµ State Recommendations

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    New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.

  • How Mass Arbitration Defense Strategies Have Fared In Court

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    As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.

  • How Cos. Can Navigate Risks Of New Cartel Terrorist Labels

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    The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.

  • Cosmetic Co. Considerations As More States Target PFAS

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    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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