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Retail & E-Commerce
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June 23, 2025
Judge Lets Trimmed Crocs Shrinkage Suit Proceed
Consumers who sued Crocs Inc. claiming their shoes shrank under normal heat and exposure to the sun saw their claims partially trimmed by a California federal judge, who said the buyers haven't pointed to specific ads that say the footwear is made for sunny days.
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June 23, 2025
FTC Tells Court Not To Pause Meta's Privacy Order Challenge
The Federal Trade Commission is pushing back on Meta's request to stay the company's constitutional challenge to the commission's bid to bar the Facebook parent from monetizing children's data for 90 days, saying Meta has done nothing to show it could be harmed by continuing the case.
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June 23, 2025
9th Circ. Revives Antitrust Counterclaims Against CoStar
A Ninth Circuit panel on Monday revived counterclaims accusing CoStar of monopolizing commercial real estate information markets in the company's case accusing a rival of engaging in "industrial-scale" copyright infringement.
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June 23, 2025
Amazon Sanctioned For Hidden Discovery
A Washington federal judge sanctioned Amazon.com Monday by limiting its use of company documents produced during discovery while giving the Federal Trade Commission more time for discovery, siding with the FTC's allegations that the online retail giant improperly claimed privilege over tens of thousands of documents in the Prime "dark patterns" lawsuit.
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June 23, 2025
FTC Puts Viewpoint Commitments In Ad Agency Mega-Deal
The Federal Trade Commission said Monday it will allow Omnicom to move ahead with its planned $13.5 billion deal for Interpublic after the marketing giants agreed not to work with others to steer advertisers away from publishers based on their political viewpoints.
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June 23, 2025
9th Circ. Revives False Ad Suit Over 'Zero Calorie' Supplement
The Ninth Circuit on Monday reinstated a proposed class action claiming that ProSupps' dietary supplement powder products are mislabeled as containing zero calories and zero carbohydrates, in violation of California consumer protection laws, after ruling that the suit alleges enough facts to avoid preemption by the federal Food, Drug and Cosmetic Act.
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June 23, 2025
Kardashian Chef Offered Adderall Instead Of Breaks, Suit Says
A chef who works with celebrities including the Kardashian family refused to pay overtime despite requiring employees to work 12-hour days and offered Adderall instead of breaks if workers complained they were tired, a former assistant told a California state court.
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June 23, 2025
Texas Governor Vetoes Ban On Hemp-Derived THC Products
Texas Gov. Greg Abbott has vetoed a bill that would have banned hemp-derived THC products, rebuking one of his lieutenant governor's policy priorities and delivering a win to the Lone Star State's hemp industry.
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June 23, 2025
Mass. Cannabis Shop Seeks $2.3M Refund Of 'Impact Fees'
A cannabis retailer with a location on Massachusetts' North Shore is asking for a refund of $2.3 million in so-called community impact and other fees it has paid since 2019, the latest dispensary to make such a request since the fees were rescinded by state lawmakers in 2023.
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June 23, 2025
Catching Up With Delaware's Chancery Court
The Delaware Supreme Court reversed a year-old $199 million judgment against TransCanada in a suit challenging a merger that occurred nearly a decade ago, Aspen Technology Inc. was hit with another suit over its pending $7.2 billion merger with Emerson Electric, and Nielson Holdings Ltd. secured a temporary restraining order against its spinoff. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 23, 2025
Compass Sues Zillow Over Listing Ban
Real estate brokerage Compass sued Zillow in New York federal court Monday, alleging its ban on private listings and coordination with competitors to enforce it amounts to monopolistic behavior.
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June 23, 2025
Gibson Dunn, Cleary Guide $1.77B C&S-SpartanNash Deal
C&S Wholesale Grocers will acquire grocery distributor and retailer SpartanNash in a $1.77 billion all-cash deal, the companies said in a joint statement Monday, with Gibson Dunn and Cleary serving as legal counsel to the buyer and seller, respectively.
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June 23, 2025
Justices Pass On La. Regulators' Tesla Sales Ban
The U.S. Supreme Court on Monday declined to review a Fifth Circuit decision that revived Tesla's lawsuit accusing Louisiana car dealers and regulators of illegally excluding the direct-sale automaker from the state, following a notification from the parties of their intent to reach a settlement.
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June 20, 2025
Science Research Funding Cuts Blocked By Mass. Judge
A Massachusetts federal judge Friday prohibited the Trump administration from cutting certain National Science Foundation research funding associated with facilities and administrative costs, ruling that the policy runs afoul of multiple laws and the government hasn't adequately explained its reasoning.
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June 20, 2025
Supreme Court Won't Leapfrog DC Circ. Over Trump's Tariffs
The U.S. Supreme Court rejected a request from two Illinois-based toy makers challenging President Donald Trump's emergency tariffs to consider their case before it is reviewed by the D.C. Circuit.
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June 20, 2025
Bloomingdale's Website Tracking Suit Revived On CIPA Claim
The Ninth Circuit on Friday reversed the toss of a proposed class action accusing Bloomingdale's of illegally capturing website visitors' activities in violation of the California Invasion of Privacy Act, finding the plaintiff had sufficiently alleged that the retailer had disclosed the "contents" of her communications to a third-party software provider.
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June 20, 2025
NJ Court Upholds Some Claims In Athlete's Cannabis Suit
New Jersey marijuana retailers can't shake a lawsuit by a champion collegiate athlete who claims their products caused him to develop cannabis-induced psychosis resulting in a suicide attempt, a state judge has ruled, saying the plaintiff's defective design and failure to warn claims are valid.
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June 20, 2025
Walmart Shells Out $10M To Resolve FTC Money Transfer Suit
Walmart has agreed to pay $10 million to put to rest the Federal Trade Commission's allegations that the retailer "turned a blind eye to scammers" who facilitated fraud through its money transfer services, according to an announcement made Friday.
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June 20, 2025
Texas Jury To Decide Google Ad Tech Liability, Not Damages
A Texas federal judge is giving Google only partial reprieve from facing a jury on state attorneys general claims targeting its advertising placement technology business, leaving liability under federal antitrust law and any damages up to the court, while letting most state law claims go to the jury.
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June 20, 2025
Victoria's Secret Narrows Ex-Worker's Sex Harassment Suit
A Pennsylvania federal judge trimmed claims from a former Victoria's Secret sales associate's suit claiming her boss made sexual comments and touched her inappropriately on the job, ruling she didn't file the proper pre-suit charges to keep her local and state claims in play.
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June 20, 2025
Microplastics Focus May Force Change In Biz Practices
The U.S. Environmental Protection Agency confirmed it's considering research that could lead to microplastics regulation, and although policies may be years away, businesses are already facing pressure to change their practices from increasing state regulation and consumer litigation.
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June 20, 2025
Nike, Shoe Surgeon Settle TM Suit Over Custom Sneakers
Nike has agreed to settle a trademark lawsuit it brought in New York against a Los Angeles-based sneaker customizing company called The Shoe Surgeon and others for direct and contributory infringement, with the defendants agreeing to pay an undisclosed sum to the sports apparel giant.
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June 20, 2025
Trump Taps Atty Dropped By Biden For Eastern Ky. Fed. Court
President Donald Trump has announced plans to nominate former Kentucky Solicitor General Chad Meredith to serve as a judge for the U.S. District Court for the Eastern District of Kentucky.
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June 20, 2025
Pearson Warshaw, Fegan Scott To Steer PVC Antitrust Class
Pearson Warshaw LLP and Fegan Scott LLC have been tapped as lead counsel for a new class of end-user plaintiffs in consolidated litigation accusing polyvinyl chloride pipe companies of using a commodity pricing service to exchange information and illegally fix prices.
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June 20, 2025
Airport Parking Sites Charged Hidden Service Fees, Suit Says
The operator of two airport parking reservation websites advertised prices that failed to disclose mandatory service charges customers would later have to pay to book parking spaces, according to a putative class action filed in Illinois state court.
Expert Analysis
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Lessons From Pa. Wiretapping Class Action Dismissal
A recent wiretapping class action in Pennsylvania federal court resulting in the dispositive dismissal of the action provides key insights on how online notice and consent can be leveraged to directly address and mitigate legal risks and class action liability exposure, say attorneys at Baker Donelson.
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Opinion
In Vape Case, Justices Must Focus On Agencies' Results
With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Influencer Campaign Lawsuits Signal New Endorsement Risks
Recent class actions allege that companies' influencer campaigns violate the Federal Trade Commission's Endorsement Guides and various state laws, but it's not clear whether the failure to comply can sustain these lawsuits, or whether the plaintiffs' creative theory of damages will hold up to scrutiny, says Gonzalo Mon at Kelley Drye.
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5 Ways Banking Has Changed In 5 Years Since COVID
Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Making Sense Of Small Biz Fair Lending Compliance
Despite the uncertainty brought on by the Consumer Financial Protection Bureau's recent efforts to revise fair lending data collection requirements under Section 1071 of the Dodd-Frank Act, the compliance dates have not yet been stayed, so covered institutions should still start to monitor any disparities now, say attorneys at Frost Brown Todd.
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Defense Strategies After Justices' Personal Injury RICO Ruling
In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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5 Insurance Types For Mitigating Tariff-Related Trade Losses
The potential for significant trade-related losses as a result of increased tariffs may cause companies to consider which of their insurance policies, including marine, builders risk, trade credit, and directors and officers, could provide coverage to alleviate the financial impact, say attorneys at Pillsbury.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.