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Retail & E-Commerce

  • September 05, 2025

    Stewart Tackles Markets, Injunctions In Newest PTAB Reviews

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart released 14 institution decisions in the last week, providing more insight on the scope of settled expectations and the impact of a district court preliminary injunction.

  • September 05, 2025

    OnlyFans Users May Face Sanctions Over AI 'Misuse'

    OnlyFans users who have alleged the site employs professional "chatters" to impersonate content creators are facing possible sanctions in their case, as a California federal judge ordered their attorneys to appear in court for filing briefs with nonexistent citations and quotations generated by an AI chatbot.

  • September 05, 2025

    Munchkin Says 'Unhinged' GC Was Fired For Good Reason

    Munchkin Inc. says it had multiple legitimate reasons to terminate the baby company's general counsel for cause after he launched a "retaliatory and vindictive campaign" against another executive, calling him "unhinged" and slamming his suit against the company as "harassing," according to a filing in California state court.

  • September 05, 2025

    Temu Hit With $2M Penalty In FTC's 1st INFORM Act Case

    The operator of Chinese e-commerce platform Temu has agreed to pay $2 million to resolve the Federal Trade Commission's inaugural enforcement action under the INFORM Consumers Act, which requires online marketplaces to provide customers with certain information and tools to combat counterfeit goods offered by high-volume third-party sellers. 

  • September 05, 2025

    Whoopi Goldberg Battles Ex-NJ Mayor Over Cannabis Store

    A former Garden State mayor is asking a New Jersey state judge to dismiss a counterclaim from Whoopi Goldberg's cannabis company, WhoopFam NJ LLC, in a dispute over a failed effort to open a recreational marijuana retail store.

  • September 05, 2025

    Fed. Circ. Sinks Inventor's Bid To Escape $214K In Sanctions

    The Federal Circuit on Friday denied efforts by the inventor of a patent covering a type of marking tape to escape a nearly $214,000 sanctions order from a lower court, saying it had previously upheld the award for bad faith litigation and won't alter it now.

  • September 05, 2025

    Merck Shakes Off Some Claims From Cholesterol Drugs Suit

    A New Jersey federal judge has partly granted a request from Merck & Co. to dismiss claims brought by Humana over an alleged anticompetitive scheme to control distribution of cholesterol drugs Zetia and Vytorin, tossing several proposed theories of monopolization but allowing unjust enrichment claims and state law antitrust claims to survive.

  • September 05, 2025

    DOJ Defends Expert Who Says Agri Stats Helps Hike Prices

    The U.S. Department of Justice pushed back on Agri Stats' efforts to strike key testimony from an economist backing Minnesota federal court allegations that turkey, chicken and pork producers "use Agri Stats information to raise prices on customers," arguing the company made "fundamental mistakes" about the analysis.

  • September 05, 2025

    Collectible Companies Settle Fraudulent Steph Curry Card Suit

    A court fight between sports collectibles companies over a Stephen Curry rookie card allegedly sold at a fraudulently high price has been resolved, as the two sides jointly moved to dismiss the case Friday in Texas federal court after reaching a settlement last month.

  • September 05, 2025

    Court Denies Vape Interests' Bid To Halt Wisconsin E-Cig Law

    A Wisconsin federal judge on Friday rejected vaping interests' motion to halt enforcement of a new state law banning the sale of e-cigarettes not approved by the U.S. Food and Drug Administration, saying they were unlikely to succeed on claims the law was preempted.

  • September 04, 2025

    Geragos Strikes At $100K Verdict Over Nike Extortion Role

    Celebrity attorney Mark Geragos asked a California judge to strike a $100,000 jury verdict that found he aided and abetted disbarred lawyer Michael Avenatti in a failed attempt to extort Nike, saying award of damages without an underlying finding of liability "is impermissible as a matter of law."

  • September 04, 2025

    Mary Kay Co-Founder Sues Co. In Del. For Texas Legal Fees

    The co-founder and executive chairman of Mary Kay Holding Corp. has sued in Delaware's Court of Chancery for legal fee advancements related in part to a billion-dollar-plus father-son battle in a Texas court over control of family trusts supported by the decades-old cosmetics empire.

  • September 04, 2025

    9th Circ. Affirms Dismissal Of Google-Apple Antitrust Suit

    The Ninth Circuit on Thursday affirmed a lower court's decision dismissing a lawsuit alleging an antitrust conspiracy between Apple and Google over search engine technology, agreeing with the lower court that a restaurant meeting between the companies' CEOs is not sufficient evidence to back up the claims. 

  • September 04, 2025

    10th Circ. Ends Huffing Death Product Liability Suit

    The Tenth Circuit refused to revive a Kansas man's proposed class action seeking damages against the makers of canned compressed air after his adult son fatally inhaled their product, saying the manufacturers can't be held liable because intentionally huffing the toxic gases in the product is against state law.

  • September 04, 2025

    Philip Morris Gets Wash. Tobacco Deal Fight Sent To Arbitrator

    A Washington state judge has ordered R.J. Reynolds Tobacco Co. to arbitrate rival Philip Morris USA Inc.'s claims that it breached a 2017 deal delineating billions of dollars in annual payments owed to states for Big Tobacco's public health toll by signing a new $277 million agreement with Washington in April.

  • September 04, 2025

    FTC Hits Chinese Toy Maker For Gathering Kids' Location Data

    A robot toy maker has agreed to comply with federal rules for handling children's data and ensure that its vendors are doing the same in order to resolve the Federal Trade Commission's claims that the company enabled a Chinese analytics provider to collect geolocation information from mobile app users who were younger than 13 without parental consent.

  • September 04, 2025

    Ulta Sues To Exit Namdar-Owned Connecticut Mall

    Beauty retailer Ulta has filed suit against the operator of a mall in Trumbull, Connecticut, saying its 10-year lease should be terminated after a failure of the heating, ventilating and air-conditioning system has forced the outlet to close for two months and counting.

  • September 04, 2025

    Wash. Justices Endorse Broad View Of Pay Transparency Law

    Washington state's high court held in a 6-3 ruling Thursday that a job applicant may sue a prospective employer for violating a state law requiring job postings to include wage scales without proving they are a "bona fide" or "good faith" applicant, rejecting employers' bid to narrow that definition amid a wave of lawsuits.

  • September 04, 2025

    Music Lyrics Co.'s $1B Antitrust Suit Mostly Survives

    A California federal judge largely refused to dismiss LyricFind Inc.'s $1 billion suit accusing a streaming music lyrics rival of using an exclusive deal with Warner Music to edge it out of the market, crediting claims about the importance of Warner while nixing some business interference allegations.

  • September 04, 2025

    Albertsons Says Kroger CEO Docs Fair Game In Del. Suit

    An attorney for Albertsons Companies Inc. told a Delaware vice chancellor Thursday the food and drugstore giant should get access to The Kroger Co.'s documents related to CEO Rodney McMullen's abrupt exit from the job months after the collapse of the two companies' planned $25 billion merger.

  • September 04, 2025

    Stay Lifted On Merch Monopoly Case Against The NFL

    A New York federal judge has lifted the stay on a lawsuit brought by fans that accuses the NFL, its teams and Fanatics of monopolizing sales of licensed league merchandise, resuming a motion-to-dismiss schedule that was paused pending the outcome of a similar lawsuit.

  • September 04, 2025

    Ill. Toymakers Ask Justices To Resolve Tariff Suit Venue Split

    A pair of toymakers asked the U.S. Supreme Court Thursday to resolve a jurisdictional dispute concerning challenges to President Donald Trump's emergency tariffs, saying the justices should hear their case at the D.C. Circuit along with the federal government's just-filed appeal of a Federal Circuit decision that invalidated Trump's tariffs.

  • September 04, 2025

    Monthly Merger Review Snapshot

    The Justice Department settled a challenge to UnitedHealth's $3.3 billion home hospice acquisition while Democrats called for a judge to reject a different government settlement and the Federal Trade Commission moved against medical technologies transactions for heart valves and device coatings.

  • September 04, 2025

    FCC's Deregulatory Push Called Blueprint For Other Agencies

    A conservative group said the Federal Communications Commission's recent initiative to shed regulations viewed as obsolete should serve as a model for other federal agencies looking to slash rules.

  • September 04, 2025

    Retailer Pushes To Dismiss Ugg Maker's IP Claims

    Online fashion retailer Fashion Nova has asked a California federal judge to toss a trade dress infringement suit brought by the maker of Uggs boots, saying the suit had no allegations that it had any intent to infringe or knowledge of the relevant design patents.

Expert Analysis

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • Gauging The Risky Business Of Business Risk Disclosures

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    With the recent rise of securities fraud actions based on external events — like a data breach or environmental disaster — that drive down stock prices, risk disclosures have become more of a sword for the plaintiffs bar than a shield for public companies, now the subject of a growing circuit split, say attorneys at A&O Shearman.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • DOJ Enforcement Trends To Watch In 2nd Half Of 2025

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    Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    In the second quarter of the year, New York utilized every available tool to fill gaps left by federal retrenchment from consumer finance issues, including sweeping updates to its consumer protection framework and notable amendments to cybersecurity rules, say attorneys at Steptoe.

  • State, Fed Junk Fee Enforcement Shows No Signs Of Slowing

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    The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • What Expanding Merchant Code Regs Mean For Processors

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    Arkansas and South Dakota recently joined a host of other states that restrict payment processors' usage of merchant category codes with laws that include noteworthy prohibitions against maintaining registries of firearms owners, with ramifications for multistate payment systems, say attorneys at Mayer Brown.

  • Forensic Challenges In Lithium-Ion Battery Fire Cases

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    Lawsuits over lithium-ion battery fires and explosions often center on the core question of whether the battery was defective or combusted due to some other external factor — so both plaintiff and defense attorneys litigating these cases must understand the forensic issues involved, says Drew LaFramboise at Joseph Greenwald.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • Latest Influencer Marketing Class Actions Pinpoint 5 Themes

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    Several recent deceptive marketing class actions against both brands and influencers attempt to transform arguably routine business practices into a new focus area for consumer complaints, suggesting a coordinated approach to test what could become an increasingly popular area of litigation, say attorneys at Morgan Lewis.

  • Dupes Boom Spurs IP Risks, Opportunities For Investors

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    The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.

  • A Look At Trump Admin's Shifting Strategies To Curtail ÃÛÌÒÊÓÆµ

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    The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • 4 Consumer Class Action Trends To Watch In 2nd Half Of 2025

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    The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.

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