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Retail & E-Commerce
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August 06, 2025
Groupe Dynamite Sued Over 'Members Only' Hoodie
The owner of the Members Only clothing brand, which skyrocketed to popularity in the 1980s, sued Canadian apparel company Groupe Dynamite Inc., claiming it was making a hoodie that used the mark.
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August 06, 2025
Ceramics Co. Seeks Biz Interruption Coverage Over Hurricane
A ceramics and home goods retailer accused a Travelers unit of violating North Carolina's unfair claims settlement practices and deceptive trade practices laws, telling a federal court the insurer deliberately misrepresented statements from its chief financial officer to support its denial of the retailer's Hurricane Helene claim.
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August 06, 2025
Anheuser-Busch, Hard Seltzer Co. End $90M Contract Feud
Anheuser-Busch and alcoholic seltzer producer Boathouse Beverages LLC's holding company have dropped claims against one another in a multimillion-dollar Connecticut contract dispute over a product line the beverage giant purchased in 2016.
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August 06, 2025
Pa. House Bill Seeks To Legalize, Tax Adult-Use Cannabis
Pennsylvania would legalize adult-use cannabis and impose a tax on its sale and cultivation under a bill introduced in the state House of Representatives.
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August 06, 2025
DOJ, Google Get OK For 2-Week Ad Tech Remedies Trial
When Google faces off against the U.S. Department of Justice at trial next month to determine what remedy the tech behemoth should provide for illegally maintaining a monopoly over advertising technology services, they'll each get five or six court days to make their case.
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August 06, 2025
2nd Circ. Backs J&J Spinoff In 'Rapid Release' Label Suit
The Second Circuit on Wednesday declined to revive a proposed class action alleging a Johnson & Johnson spinoff company misled consumers by claiming that "Rapid Release" Tylenol gelcaps dissolve faster than other types of Tylenol.
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August 06, 2025
Big Lots, Gordon Bros. Strike Deal Over HQ Sale Funds
Liquidating retailer Big Lots told a Delaware bankruptcy judge that it has reached a deal with Gordon Brothers Retail Partners after the consulting firm said it was owed the first $10 million from the $36 million sale of Big Lots' corporate headquarters in Ohio.
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August 06, 2025
Honey Dew Says M&A Adviser Missed Fake $25M Letter
Massachusetts-based regional coffee and donut chain Honey Dew says the investment banking firm it hired to find a buyer in 2018 would have learned that a $25 million "proof of funds" letter purporting to be from UBS was a forgery had it performed the expected due diligence.
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August 06, 2025
Jewelry Chain Claire's Hits Ch. 11 Again, Will Close 700 Stores
The parent company of jewelry chain Claire's filed for Chapter 11 protection Wednesday for the second time in seven years with $690 million in funded debt and plans to close 700 stores.
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August 05, 2025
Retailer To Face Wiretap, Hacking Claims In Data Sharing Row
A California federal judge has trimmed a proposed class action accusing footwear retailer Rack Room Shoes Inc. of allowing Meta and other third parties to intercept website visitors' personal information, axing a pair of consumer protection claims while permitting revamped federal wiretap and state anti-hacking allegations to proceed.
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August 05, 2025
Walmart Largely Snuffs Out Exploding Candle Class Action
An Ohio federal judge has largely thrown out a proposed class action claiming that Mainstays-branded candles sold at Walmart have dangerous defects that can lead to them exploding, finding a long list of deficiencies in the candle purchasers' sprawling complaint.
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August 05, 2025
Grocery Chain Ralphs Wins $7M Employment Bias Trial
A California jury cleared Kroger-owned Ralphs Grocery Co. of liability in a Muslim worker's $7 million bias suit after hearing that the worker simply refused to use the scheduling software to keep his Saturdays free for religious activities and that he had been suspended multiple times for insubordination.
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August 05, 2025
Cannabis Co. Can't Blame Defaults On Neglectful Attorney
A defunct Los Angeles dispensary and its operators cannot undo default entries issued against them by investors who seek more than $325,000, a California state judge has ruled, rejecting the company's attempt to pin the loss on their attorney who "lost track" of the case.
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August 05, 2025
Apple Looks To Nix Consumer Antitrust Case, Decertify Class
Apple told a California federal court that antitrust claims from a class of more than 185 million consumers targeting its App Store policies should not go to trial because the allegations focus on legitimate product design and business decisions, not anti-competitive conduct.
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August 05, 2025
Fed. Circ. Presses Brita On Bid To Revive Water Filter Patent
A Federal Circuit panel Tuesday questioned Brita LP's effort to reverse a U.S. International Trade Commission decision that a water filter patent is invalid, suggesting the patent describes little more than an unpredictable scientific formula.
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August 05, 2025
Fed. Circ. Panel Feeling Deja Vu In Hoverboard IP Case
A Federal Circuit panel had little support for the owner of hoverboard design patents Tuesday, as the judges said much of its noninfringement appeal relies on concerns addressed in a prior appellate decision.
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August 05, 2025
Google Ad Exchange Rival Follows DOJ With Antitrust Suit
A Google rival entered the fray over advertising placement technology with a Virginia federal court complaint explicitly following in the wake of the Justice Department's successful lawsuit that led to Google being liable for illegally monopolizing two targeted ad tech markets.
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August 05, 2025
DC Judge Pauses Walmart Pricing Suit, Citing Chicago Case
A federal judge in the District of Columbia pressed pause on a lawsuit accusing Walmart of charging customers more for certain items at the register than the retailer advertises on its shelves, saying an older Chicago case should be resolved first given its revival last year.
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August 05, 2025
RI Urges 1st Circ. To Toss Challenge To Pot License Regime
Rhode Island cannabis regulators on Tuesday urged the First Circuit to uphold the dismissal of a Florida entrepreneur's challenge to the state's marijuana licensure program and to reject his bid to have the case remanded back to lower district court.
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August 05, 2025
Advocacy Org. Wants FTC's Full, Dropped Pepsi Complaint
The Federal Trade Commission's price discrimination complaint against Pepsi could become public after all, despite the agency dropping the lawsuit, after a New York federal judge on Tuesday permitted an advocacy group to intervene in the case in order to seek the full, unredacted filing.
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August 05, 2025
Gas Breaks Can't Justify Russian Fertilizer Duties, Fed. Circ. Told
The federal government improperly concluded that EuroChem's Russian imports to the U.S. were subject to countervailing duties because of natural gas subsidies those products benefited from, counsel representing the company told the Federal Circuit during oral arguments Tuesday.
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August 05, 2025
Disbarred North Carolina Atty Admits To Wire Fraud Scheme
A disbarred lawyer in North Carolina has copped to criminal wire fraud charges stemming from the misuse of his trust account after federal prosecutors said he used escrow funds earmarked for the sale of personal protective equipment to pay back another company.
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August 05, 2025
Zazzle Nabs Win After Judge Cuts Font Copyright Claim
A California federal judge has tossed a copyright infringement claim against online retailer Zazzle over a set of fonts used on its site after previously allowing the claim to stand, finding her earlier order misstated Zazzle's argument.
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August 05, 2025
Amazon, DC AG Seek To Delay Antitrust Trial To May 2027
The D.C. Attorney General's Office and Amazon are seeking more time to complete fact discovery in the city's antitrust suit against the online retail giant, asking for the potential trial in the case to be moved from January 2027 to May of that year.
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August 04, 2025
Sandwich Seller Owes $32K For Breaching Noncompete Pact
A Pennsylvania federal judge on Monday found in favor of the owners of a sandwich fundraising and catering company who accused its former owner of breaching multiple noncompete and confidentiality agreements by launching a rival business and stealing recipes and customer information.
Expert Analysis
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How Cos. Can Navigate Risks Of New Cartel Terrorist Labels
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.
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Cosmetic Co. Considerations As More States Target PFAS
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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Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol
As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Action Steps To Prepare For Ramped-Up Export Enforcement
In light of recent Bureau of Industry and Security actions and comments, companies, particularly those with any connection to China, should consider four concrete steps to shore up their compliance programs given the administration's increasingly aggressive approach to export enforcement, say attorneys at Gibson Dunn.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Maneuvering The Weeds Of Cannabis Vertical Integration
The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.
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The Future Of Privacy Enforcement Under Ferguson's FTC
Federal Trade Commission Chair Andrew Ferguson's early actions indicate a marked shift toward a more traditional approach to privacy enforcement, so companies should expect the commission to maintain a strong focus on enforcing Section 5 of the FTC Act in the privacy area, says Kandi Parsons at ZwillGen.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Tips For Companies Crafting Tariff Surcharge Disclosures
As the Trump administration imposes tariffs on imports, retail businesses considering itemizing tariff-related costs separately for consumers must ensure that any disclosures are both accurate and defensible to avoid regulatory enforcement or private suits, says Christopher Cole at Katten.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.