Retail & E-Commerce

  • April 21, 2025

    DHS Voids Order Ousting Canadian Cannabis Machinery CEO

    The U.S. Department of Homeland Security on Monday urged a Washington federal judge to throw out a lawsuit accusing federal agents of illegally barring the Canadian CEO of a cannabis harvesting equipment company from entering the United States, citing the government's recent decision revoking a removal order against him.

  • April 21, 2025

    DraftKings Targeted Gambling Addicts, Suit Claims

    Online gambling giant DraftKings Inc. and a subsidiary have been hit with a proposed class action accusing them of engaging in a range of deceptive practices including knowingly targeting people suffering from gambling addiction and allowing those on Pennsylvania's self-exclusion gambling list to open new accounts.

  • April 21, 2025

    FTC Accuses Uber Of Deceptive Subscription Practices

    The Federal Trade Commission sued Uber on Monday, alleging the ride-hailing and delivery app charged consumers for its Uber One subscription service without their consent and made them "navigate a maze" to end the subscriptions while advertising that they can cancel anytime.

  • April 21, 2025

    Nylon Maker Files Ch. 11 In Texas With More Than $1B Debt

    Nylon maker Ascend Performance Materials on Monday filed for Chapter 11 protection in a Texas bankruptcy court, saying it plans to work with its lenders to deleverage its more than $1 billion in debt.

  • April 21, 2025

    Pot Company Once Allied With Influencer Wants Rehearing

    A cannabis, spirits and vape company formerly associated with Instagram celebrity Dan Bilzerian is asking the Ninth Circuit for an en banc rehearing of a $1.6 million judgment against it, saying a panel of circuit judges ignored key facts when it found the company liable for breach of contract.

  • April 21, 2025

    Amazon Says Sanctions Unwarranted In Drivers' Wage Suit

    Potential members of a collective action accusing Amazon of misclassifying drivers were not coerced into talking to attorneys representing the company, Amazon told a Washington federal court, urging the court to reject the drivers' bid to slap sanctions on the company.

  • April 21, 2025

    US, Italy Say Tech Cos. Must Not Face Discriminatory Taxes

    Italy and the U.S. agree that discrimination tech companies face in the form of digital services taxes must end in order to enable investments from those companies, according to a joint statement by Italian Prime Minister Giorgia Meloni and President Donald Trump.

  • April 21, 2025

    Supreme Court Won't Hear Neb. Tribe's Tobacco Sales Dispute

    The U.S. Supreme Court won't hear two Nebraska tribal companies' bid to undo an Eighth Circuit ruling that held the state can regulate a tribally owned manufacturer's sales of cigarettes to Indigenous-owned distributors after officials attempted to apply a settlement with major tobacco companies on the Winnebago reservation.

  • April 21, 2025

    High Court Wants SG's Input On Home Depot ERISA Case

    The nation's highest court asked the U.S. solicitor general Monday to opine on whether it should hear a retirement plan mismanagement case from Home Depot workers who say the Eleventh Circuit wrongly required them to link financial losses to alleged breaches of fiduciary duty.

  • April 21, 2025

    Justices Won't Hear Mall Of America's Sears Lease Dispute

    The U.S. Supreme Court on Monday declined to hear a case filed by the owner of Minnesota's Mall of America against Sears Holding Corp. over a transfer of a 100-year lease for an anchor store location, leaving in place a lower court's finding that the mall's lease was not a "true" contract.

  • April 21, 2025

    Justices Won't Hear Patent Eligibility Ruling Dispute

    The U.S. Supreme Court on Monday decided to skip a case brought by a company that had lost a patent case against Amazon, declining the challenge asserting that courts routinely issue summary judgment rulings on patent eligibility, even if there are disputes of fact.

  • April 18, 2025

    Walgreens To Pay DOJ $300M Over Invalid Prescriptions

    Walgreens revealed in a U.S. Securities and Exchange Commission filing Friday that it will pay upward of $300 million to resolve U.S. Department of Justice allegations that it knowingly filed millions of prescriptions for opioids and other drugs that didn't have a legitimate medical purpose or weren't valid.

  • April 18, 2025

    Google May See Some Light In The Ad Tech Ruling

    The ruling this week in the U.S. Department of Justice's ad tech monopolization case against Google was a major victory but not a total win for the government, and it raises questions about what the fix should be, especially with a trial looming over remedies in a separate case over search.

  • April 18, 2025

    IP Notebook: AI Prompts, DMCA Battle, Squishmallows Scuffle

    Welcome to IP Notebook, a recurring series that highlights disputes and legal developments that raise novel or crucial questions in the trademark and copyright space.

  • April 18, 2025

    FTC's Southern Glazer's Pricing Case Preserved

    A California federal judge refused to toss the Federal Trade Commission's price discrimination lawsuit against Southern Glazer's Wine and Spirits LLC, concluding the alcohol distribution giant moves liquor around enough to trigger interstate commerce and that the FTC has adequately alleged unfair treatment of mom-and-pop stores relative to big box retailers.

  • April 18, 2025

    Judge Sides With Wash. In NY Distillery's Sales Reg Challenge

    A federal judge has rejected a New York whiskey maker's challenge to a Washington rule that distilleries must have a physical in-state location to sell to Evergreen State consumers online, saying the regulation isn't discriminatory because it "applies evenhandedly" regardless of the producer's home state.

  • April 18, 2025

    Insurer Says Smoke Shop Not Covered In Nitrous Oxide Suit

    An insurer for a smoke shop told a Florida federal court it owes no coverage for a proposed class action accusing various shops of selling nitrous oxide products for recreational drug use, pointing to an exclusion barring coverage for injury arising out of "psychotropic substances."

  • April 18, 2025

    NC High Court Snapshot: Livestock Litigation Takes Limelight

    The North Carolina Supreme Court's April lineup will find the justices delving into a squabble over backyard chickens in a residential neighborhood and a consumer fraud class action with Home Depot in the crosshairs.

  • April 18, 2025

    Latham-Led Vacasa Sticks With Casago, Rejects $131M Bid

    Latham & Watkins LLP-advised Vacasa said Friday that its board has rejected a revised acquisition bid from Davidson Kempner Capital Management, indicating that price alone wasn't enough to result in a superior deal to the company's existing agreement with Casago.

  • April 18, 2025

    Union Hits Kroger Chain With Counterclaim In Strike Suit

    The Kroger-owned grocery chain King Soopers violated a poststrike agreement with a United Food & Commercial Workers local by pressuring the union to agree to a collective bargaining agreement by an arbitrary deadline, the union alleged in a counterclaim in the company's strike lawsuit against it in Colorado federal court.

  • April 18, 2025

    Federal Cannabis Law Reform Eyed In Bipartisan Push

    A bipartisan group of representatives has introduced legislation to reconcile the conflicts between the federal prohibition on cannabis and state laws that legalize it, and to prepare the country for federal legalization.

  • April 17, 2025

    Sandberg Says FTC Market View Makes No Sense In Meta Case

    Meta Platforms' former longtime board member and Chief Operating Officer Sheryl Sandberg pushed back Thursday on crucial Federal Trade Commission arguments trying to shape the market the social media giant is accused of monopolizing, criticizing a friends and family definition the FTC is using to exclude TikTok as a competitor.

  • April 17, 2025

    DC Circ. Says Lateness Doomed Starbucks' NLRB Challenge

    The National Labor Relations Board was not obligated to accommodate Starbucks after its attorney filed a challenge to a board judge's ruling 23 minutes late, the D.C. Circuit ruled Thursday, holding that the board did not abuse its discretion by refusing to process the challenge.

  • April 17, 2025

    Wash. Justices Back Consumers In Old Navy Spam Email Suit

    Washington's highest court said in a 5-4 ruling Thursday that the state's spam law bars commercial emails that include any false information in their subject lines, endorsing two consumers' broader interpretation of the statute in a proposed class action against Old Navy.

  • April 17, 2025

    Ibotta Misrepresented Kroger Deal, Shareholder Suit Alleges

    Digital consumer discount company Ibotta Inc. was hit with a proposed shareholder class action claiming its registration statement for its April 2024 initial public offering omitted information regarding the nature of its relationship with grocery retailer The Kroger Co., prompting stocks to plummet when investors learned the relationship had ended.

Expert Analysis

  • Complying With Seasonal Product Labeling Requirements

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    Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.

  • 2 Cases May Enlighten UK Funds' Securities Litigation Path

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    Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • How To Manage During A Trade Dispute With USMCA Partners

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    Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.

  • 3 Factors Affecting Retail M&A Deals In 2025

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    Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Searching For Insight On Requested Google Chrome Remedy

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    The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • Retailers Must Adapt As Courts Shift On False Price Claims

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    The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024's Most Notable FTC Actions Against Dark Patterns And AI

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    In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.

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