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Retail & E-Commerce

  • 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.

  • July 25, 2025

    3rd Circ. Won't Review $3.2M Wawa Breach Fee Award

    The Third Circuit on Thursday won't revisit its prior decision upholding $3.2 million in fees to plaintiffs' counsel in a case that secured a $12 million deal for Wawa shoppers affected by a data breach after attorney Ted Frank argued the fees were disproportionate to the class' recovery.

  • July 25, 2025

    Minnesota Regulators Sue Retailer Over Cannabinoid Wares

    Minnesota's cannabis regulator has brought a state court action seeking an order compelling a retailer to destroy hemp-derived cannabinoid products that are allegedly noncompliant under the state's laws.

  • July 25, 2025

    Google Says Rival 'Indisputably' Too Late For Search Fix

    Google urged a D.C. federal judge Friday to ignore a search advertising rival's attempt to weigh in on the Justice Department's bid to force the syndication of search and search advertising results, castigating the "neither relevant nor useful" amicus brief as filed more than two months too late.

  • July 25, 2025

    Wash. Judge Tosses Costco Customer's Online Upcharge Suit

    A Washington state judge has thrown out a consumer's proposed class action accusing Costco of hidden markups on online purchases, saying Friday that the warehouse retailer's website is "extremely clear" that grocery prices are higher than they are in-store to cover packing and fulfillment costs.

  • July 25, 2025

    Epic Defends Apple Antitrust Injunction After Birthright Ruling

    Epic Games has told the Ninth Circuit the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order should not affect a nationwide injunction and civil contempt order issued in its antitrust case over Apple's App Store policies, arguing Apple misread the high court's precedent.

  • July 25, 2025

    9th Circ. Won't Disturb Class Cert. In 'Oil-Free' J&J Suit

    The Ninth Circuit on Friday backed class certification in a suit alleging Johnson & Johnson Consumer Inc. misled consumers by advertising its Neutrogena face washes are "oil-free," rejecting its argument that the class's expert's damage calculation was faulty and underdeveloped.

  • July 25, 2025

    Nordstrom Tobacco Health Fee Violates ERISA, Ex-Staff Say

    Three ex-workers for Nordstrom Inc. hit the retailer with a proposed class action in Washington federal court, alleging a $40-a-month surcharge on the health plans of tobacco-using employees was discriminatory in violation of federal benefits law.

  • July 25, 2025

    Big Tech's Refusal-To-Deal Defense Hits A Wall: Judges

    Apple couldn't do it. Google couldn't do it. Live Nation couldn't do it. CoStar couldn't do it at the Ninth Circuit. Companies accused of monopolization have continually tried to flip allegations of illegally locking in customers into hard-to-prove "refusal-to-deal" litigation.

Expert Analysis

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • Texas Ruling Emphasizes Limits Of Franchisors' Liability

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    The Texas Supreme Court's recent ruling in Massage Heights Franchising v. Hagman, holding that a franchisor was not liable to a customer for the actions of a franchisee's employee, helps clarify the relative roles and responsibilities of the parties in such situations — and the limits of franchisors' duty of care, say attorneys at Polsinelli.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Despite Rule Delay, FTC Scrutiny Looms For Subscriptions

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    Even though the Federal Trade Commission has delayed its click-to-cancel rule that introduces strict protocols for auto-renewing subscriptions, businesses should expect active enforcement of the new requirements after July, and look to the FTC's recent lawsuits against Uber and Cleo AI as warnings, say attorneys at Holland & Knight.

  • Va.'s Altered Surcharge Law Poses Constitutional Questions

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    Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Prior Art Ruling Highlights Importance Of Detailed Elaboration

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    The U.S. Patent and Trademark Office's recent decision in Ecto World v. RAI Strategic Holdings shows that when there is a possibility for discretionary denial, and the examiner has potentially overlooked prior art, patent owners should elaborate on as many of the denial factors as possible, says Frank Bernstein at Squire Patton.

  • Compliance Refresher For 'Made In USA' Labeling Claims

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    As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Appellate Guidance Needed On California Chatbot Litigation

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    There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • Opinion

    Anti-Counterfeiting Efforts Must Hold China Accountable

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    As the Organization for Economic Cooperation and Development drafts guidelines for combating counterfeit goods, U.S. representatives must be frank about the need to hold Chinese platforms accountable for their role in counterfeiting — and specific about the changes that will be required, says Eli Clemens at the Information Technology and Innovation Foundation.

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