Retail & E-Commerce

  • March 05, 2025

    Indirect Chicken Buyers' $41.3M Price-Fixing Deal Gets Initial OK

    An Illinois federal judge gave his initial signoff Wednesday to more than $41 million in settlements between major chicken producers and indirect chicken buyers who accused them of illegally conspiring to fix prices, calling the proposal a substantial recovery to otherwise risky litigation.

  • March 05, 2025

    Starbucks Let Hot Drink Spill On Driver, Jury Hears

    Starbucks went to trial Wednesday over a delivery window drink pickup gone wrong, as lawyers for a driver who had scalding water spill in his lap told a Los Angeles jury the coffee giant's employee left one of three cups "not safely secured" in a cardboard drink holder.

  • March 05, 2025

    Agri Stats Wants Another Shot At DOJ Specifics

    Agri Stats is continuing to ask a Minnesota federal court to force the U.S. Department of Justice to identify specific data fields in the company's industry reports that allegedly allow chicken, pork and turkey producers to exchange competitively sensitive information.

  • March 05, 2025

    9th Circ. Upholds Arizona's Wine Retailer Law Challenge

    Arizona isn't being discriminatory by requiring companies that want to ship alcohol to people's homes to have a business location in the state, the Ninth Circuit has declared in a split ruling that upheld the state's win against a challenge to the law laying down that mandate.

  • March 05, 2025

    Bezos' Satellite Co. Drops Docs Fight With His Newspaper

    Jeff Bezos' satellite company has ended a public records fight with the Bezos-owned Washington Post over Washington state labor department workplace investigation records, after both sides agreed on blacking out some details to shield trade secrets.

  • March 05, 2025

    Fed. Circ. Says Marketing Costs Can Permit ITC Patent Suits

    The Federal Circuit ruled Wednesday that the U.S. International Trade Commission has wrongly prohibited domestic expenses related to sales, marketing and other activities from allowing companies to pursue ITC patent cases, and revived a suit brought by eyelash extension company Lashify.

  • March 05, 2025

    Steven Madden Resolves Libel Dispute Over IP Allegations

    Parties in Steven Madden Ltd.'s lawsuit accusing Danish "affordable luxury" brand Ganni A/S of falsely claiming that two of its shoe designs infringed Ganni's intellectual property have reached an agreement to resolve the dispute, according to a filing Tuesday in New York federal court.

  • March 05, 2025

    Another Illinois Cannabis Biz Targeted In Potency Class Action

    A plaintiffs firm that has represented consumers in multiple proposed class actions against Illinois cannabis companies, alleging unlawfully high THC levels in their wares, has launched a new suit, while a pending state court action against pot giant Ascend Wellness was moved to federal court.

  • March 05, 2025

    Insurer Wants Out Of Covering Ill. Pot Potency Suit

    Admiral Insurance Co. is asking an Illinois federal court to clear it of any duty to cover a Shelbyville dispensary in a suit alleging that it mislabeled its products to get around the state's limits on THC.

  • March 05, 2025

    Paul Newman's Daughters End IP Suit Against Newman's Own

    Late actor Paul Newman's daughters withdrew their lawsuit from Connecticut state court accusing the Newman's Own Foundation of trading off their father's name for non-food-related purposes and breaching its duty to fund their own foundations despite the deceased film star's intent.

  • March 05, 2025

    SuperValu Wins FCA Case That Went To High Court

    An Illinois federal jury cleared SuperValu of liability Tuesday on whistleblower claims that it billed the government higher-than-customary prices for millions of prescriptions, marking the end to an important test of a 2023 U.S. Supreme Court ruling reviving the case.

  • March 05, 2025

    Court Finds StockX Liable In Counterfeit Nike Sneaker Suit

    Following oral arguments in New York federal court on Tuesday, a judge found sneaker reseller StockX LLC liable for selling counterfeit Nike shoes, ordering the companies to find available trial dates this year for the remaining allegations.

  • March 05, 2025

    Pot Co. Hit With Class Action Over Unwanted Mass Texts

    A California man is suing a dispensary and cannabis delivery service in federal court, alleging that it has violated the Telephone Consumer Protection Act by repeatedly sending unsolicited marketing text messages.

  • March 05, 2025

    KKR, Walmart Selling Japanese Supermarket Chain For $2.5B

    KKR and Walmart have agreed to sell their 85% and 15% respective stakes in Tokyo-based supermarket chain Seiyu to Japan's Trial Holdings Inc. for a total of 380 billion yen ($2.55 billion), the companies said Wednesday. 

  • March 04, 2025

    Musk Fails To Block OpenAI From Turning Into For-Profit Entity

    A California federal judge on Tuesday denied Elon Musk's bid to preliminarily bar OpenAI Inc. from converting into a for-profit entity, saying that a threshold question of whether Musk's over $44 million in donations created a charitable trust was a "toss-up."

  • March 04, 2025

    Chinese Theme Park Co. Can't Nix Investors' 'Hellscapes' Suit

    A California federal judge will allow investors' securities fraud claims against a Chinese amusement park operator to proceed, finding they plausibly claimed that the company inflated visitor numbers and financials for its park, causing an 89% stock price decline when the truth was eventually revealed.

  • March 04, 2025

    Rite Aid Agrees To Pay $6.8M In Deal Over 2024 Data Breach

    Rite Aid has agreed to a $6.8 million settlement to resolve proposed class action claims it failed to prevent a cyberattack that compromised over 2 million customers' highly sensitive information, offering up to $10,000 per claimant for documented losses, a preliminary approval order filed Tuesday in Pennsylvania federal court states.

  • March 04, 2025

    Mariano's Managers Fight Bid To Decertify Class In OT Row

    Current and former supermarket meat, bakery and deli managers who say Kroger subsidiary Mariano's falsely claimed they were exempt from overtime pay hit back on Monday over a bid to decertify their conditional collective of workers, saying the grocery chain repeatedly misrepresents an "extensive and unambiguous record" showing all managers are similarly situated.

  • March 04, 2025

    Pool-Maker Hit With $25M Defect Verdict In Child's Drowning

    A St. Louis federal jury has hit inflatables company Bestway USA Inc. with a $25 million verdict after finding its defectively designed above-ground pool was largely responsible for the drowning of a 2-year-old girl.

  • March 04, 2025

    Ruger Must Face Colorado Shooting Suits In Connecticut

    Connecticut-based gunmaker Sturm Ruger & Co. Inc. must face two lawsuits in its home state over a 2021 mass shooting in a Boulder, Colorado, supermarket, a Connecticut judge has ruled, citing the state's interest in policing harms its businesses may cause in other jurisdictions.

  • March 04, 2025

    4th Circ. Finds No Harm In Facebook Ads For Young Renters

    The Fourth Circuit affirmed a Maryland federal court's dismissal of a would-be renter's proposed class action alleging age discrimination by the D.C. area's largest real estate firms Tuesday, finding that the plaintiff failed to show that she was harmed by the company's targeting of younger renters in Facebook ads.

  • March 04, 2025

    Alcon, Lens.com Settle 7-Year Trademark Fight In NY

    Alcon and Lens.com informed a New York federal judge Tuesday that they've agreed to resolve their long-running trademark dispute over claims that Lens.com was reselling some of Alcon's products without authorization. 

  • March 04, 2025

    Target Can't Pause Warehouse Workers' Wage Suit

    Target warehouse workers' class action claiming they performed unpaid work-related duties before and after their shifts will not wait for the outcome of a U.S. Supreme Court case dealing with standing for certified classes, a New Jersey federal judge ruled.

  • March 04, 2025

    Reynolds Wrap Maker Must Face 'Made In The USA' Case

    A New York federal judge declined to dismiss a proposed class action accusing the maker of Reynolds Wrap of misleading consumers with its "Made in U.S.A" label, saying the plaintiff properly alleged the statement led her to pay a premium price for the product.

  • March 04, 2025

    After 'Historic Low' In 2023, Number Of ITC Cases Soar In 2024

    The U.S. International Trade Commission saw a significant uptick in disputes last year, according to a Tuesday report by a firm that represents expert witnesses used in litigation.

Expert Analysis

  • A Legal Perspective On NYC's Retail Real Estate Evolution

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    As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.

  • The Fashion Industry Should Prep Now For State PFAS Bans

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    New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.

  • How Boards And Officers Should Prep For New Trump Admin

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    In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.

  • Implementing Human Rights Due Diligence

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    The Bureau of Industry and Security’s recent removal of a Canadian surveillance provider from its export blacklist, after just eight months, illustrates the importance of integrating human rights due diligence into the vetting process by asking a few targeted questions, say attorneys at Cravath.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • 9th Circ.'s High Bar May Limit Keyword Confusion TM Claims

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    A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.

  • Key Points From New Maritime Oil Price Cap Advisory

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    The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.

  • NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

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    The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.

  • Best Practices For Influencer Trademark Protection

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    Though the Trademark Trial and Appeal Board recently decided that an influencer couldn't qualify for a retail services trademark registration for posting affiliate links to a third-party website, there are other trademark protections that influencers can pursue for their branding and marketing services, say attorneys at Nixon Peabody.

  • Takeaways From Final Regulations For China Investment Ban

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    ​The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • Recent Listeria Outbreaks Hold Key Compliance Lessons

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    Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • What Cos. Can Learn from Water Microplastics Class Actions

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    Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.

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