Retail & E-Commerce

  • October 08, 2025

    Judge To OK Neiman Marcus Trust's Altered Payout Scheme

    A Texas bankruptcy judge said on Wednesday he would allow the liquidating trustee in reorganized debtor Neiman Marcus' bankruptcy case to make distributions to unsecured creditors largely along the trustee's requested lines but without an abbreviated deadline for unclaimed funds to revert to the trust.

  • October 08, 2025

    DOJ Asks For Stay In PVC Antitrust Case Amid Criminal Probe

    The U.S. Department of Justice is asking an Illinois federal court to pause discovery in a case accusing polyvinyl chloride pipe manufacturers of using a commodity pricing service to exchange information and fix prices while a grand jury investigates the alleged activity.

  • October 08, 2025

    2 More States Join Growing US Privacy Regulator Consortium

    A bipartisan collective of U.S. regulators that was recently formed to collaborate on the implementation and enforcement of their states' data privacy regimes has swelled to double digits, with the attorneys general of Minnesota and New Hampshire on Wednesday being announced as the group's newest members. 

  • October 07, 2025

    Chobani Says Coffee Rival Can't Claim 'Bright & Mellow' TM

    Chobani on Monday urged a New York federal court to throw out rival Danone's unregistered trademark infringement suit over use of the phrase "Bright & Mellow" to market ready-to-drink coffee, arguing that Danone contends "it alone" may use those "ordinary adjectives."

  • October 07, 2025

    Wash. Spam Email Law Is Unconstitutional, Retailers Say

    Beauty retail giant Ulta and home improvement retailer Home Depot argued last week in separate cases that Washington state's Commercial Electronic Mail Act is unconstitutional and preempted by federal law as they seek to shed proposed consumer class actions claiming their promotional emails were misleading.

  • October 07, 2025

    Bausch And Teva Blocked Cheaper IBS Drug, Retailers Say

    A slew of retailers on Tuesday accused Bausch Health Cos. Inc. and Teva Pharmaceuticals of working together to keep the generic version of an irritable bowel syndrome drug off the market until 2028, forcing the retailers and other purchasers of the drug to pay monopoly prices.

  • October 07, 2025

    Sunbeam Ovens Burn Users, Suit Says

    Sunbeam Products Inc. and its parent company, Newell Brands Inc., were hit Tuesday with a proposed class action in federal court over a recalled countertop oven by a New Yorker claiming the appliance burned her and that the company failed to warn about the risks of injury.

  • October 07, 2025

    Hemp Retailer Sues Ohio Police Department Over Seizure

    An Ohio police department seized more than half a million dollars' worth of hemp using a bad search warrant claiming that the hemp, which is legal, was marijuana, the hemp retailer told a federal court Monday.

  • October 07, 2025

    No Coverage For Smoke Shop Over Fatal Crash, Insurer Says

    A smoke shop's insurer told a North Carolina state appeals court the shop shouldn't receive coverage for a lawsuit alleging it's liable for a fatal auto collision because it sold nitrous oxide products to the at-fault driver, arguing its policy covered bodily injury only on the shop's premises.

  • October 07, 2025

    Cuban Cigar Co. Not Entitled To 'Cohiba' TMs, 4th Circ. Told

    General Cigar Co. has asked the Fourth Circuit to overturn a Trademark Trial and Appeal Board decision to grant a Cuban state-owned cigar producer's request to cancel two trademark registrations for the term "Cohiba," contending that the decision conflicts with U.S. law governing the embargo against Cuba.

  • October 07, 2025

    Chanel, The RealReal Fail To Reach Settlement In TM Feud

    Fashion house Chanel and used-items retailer The RealReal Inc. have told a Manhattan federal judge they haven't been able to reach a settlement on Chanel's claims of trademark infringement despite, as The RealReal's attorneys put it, significant efforts being expended to try to reach a compromise.

  • October 07, 2025

    Amazon Supplement Buyers Seek Spoliation Penalties

    Consumers in a proposed class action accusing Amazon of peddling dietary supplements without making federally required disclosures urged a Washington federal judge on Tuesday to punish the e-commerce giant for allegedly failing to preserve product detail webpages they say are key to the litigation. 

  • October 07, 2025

    9th Circ. Tosses Sporting Goods Co. Suit Against Ex-Landlord

    The Ninth Circuit on Tuesday backed the dismissal of a sporting goods retailer's suit against its former landlord, which was accused of wrongfully charging the retailer with monthly fee invoices even after the retailer left the location it was renting due to the COVID-19 pandemic.

  • October 07, 2025

    Apple Seeks To Toss IPhone, Watch Buyers' Antitrust Suits

    Apple has asked a New Jersey federal court to toss multidistrict antitrust litigation brought by iPhone and Apple Watch buyers, arguing that while they "try in vain to invent" theories about how Apple charges monopoly prices the inflation-adjusted price of the latest iPhone is nearly the same as the first model.

  • October 07, 2025

    Evenflo's Recall Over Choking Hazard Is Inadequate, Suit Says

    An Evenflo customer filed a proposed deceptive marketing class action complaint in Massachusetts federal court alleging the company failed to disclose that its Revolve360 Slim child car seats have easily detachable foam headrests that pose potential choking hazards.

  • October 07, 2025

    Planners Should Be Tariffed As Calendars, Fed. Circ. Told

    Weekly planners sold by a California calendar company are advertised for their calendars and should be considered such for tariff purposes, counsel for the business told Federal Circuit judges Tuesday, arguing the lower court and government incorrectly classified them as a type of notebook.

  • October 07, 2025

    Price-Fixing Judge Rejects Recusal Bid As Insincere

    A Minnesota federal judge on Tuesday refused to recuse himself from consolidated private price-fixing litigation against a raft of pork producers, saying the defense's claims of bias due to one of his clerks' internships for plaintiff firms are a "fabricated" claim of impropriety.

  • October 07, 2025

    Zillow Can See Anywhere Deal Docs In Compass Antitrust Suit

    A New York federal judge partially approved real estate listings company Zillow Inc.'s discovery motion in brokerage Compass Inc.'s antitrust suit over Zillow's listings policy, ruling that Compass must provide Zillow with specific documents related to its $1.6 billion all-stock acquisition of Anywhere Real Estate Inc.

  • October 07, 2025

    Walgreens Seeks Atty Sanctions For 'Baseless' Claims

    Walgreens has called on a Georgia federal judge to slap sanctions on counsel for a former pharmacist suing the chain for discrimination, arguing that she should pay for the company's efforts to dismiss a handful of claims with "no legal basis" after her attorney refused to voluntarily drop them.

  • October 06, 2025

    New H-2A Wage Rule May Worsen Farm Labor Shortages

    A new regulation revamping wage calculations for workers on temporary H-2A visas is being welcomed by agricultural employers, but the possibility of depressed wages could tie up the policy in litigation at a time when the Trump administration is predicting farm labor shortages.

  • October 06, 2025

    Justices Pressed To Overturn TM Denial Of Dark Green Gloves

    Surgical glove manufacturer PT Medisafe Technologies has asked the U.S. Supreme Court to wipe out a precedential Federal Circuit decision rejecting the company's attempt to claim a trademark for dark green surgical gloves, arguing that "thousands of such marks" have been registered.

  • October 06, 2025

    Judge Voids $150M Worth Of Notes In Auto Mogul's Dispute

    A Michigan federal judge found a businessman altered promissory notes worth $150 million to thwart efforts to collect on a separate judgment against him and his auto parts business, but he ruled the notes are unenforceable because they were issued when the company was insolvent.

  • October 06, 2025

    Dish, AT&T Must Give Up Docs In T-Mobile-Sprint Merger Case

    An Illinois federal magistrate judge ordered Dish and AT&T to produce key documents in a proposed consumer class action targeting T-Mobile over its purchase of Sprint, finding the material from the wireless companies, especially Dish, to be centrally important to the suit.

  • October 06, 2025

    Supreme Court Isn't Pausing Google Play Store Order

    The U.S. Supreme Court refused on Monday to pause a sweeping injunction requiring Google to change its app store policies in a case being brought by Epic Games Inc., after the tech giant argued that the changes threaten the security and privacy of Android users.

  • October 06, 2025

    Google Judge Anticipates 'Fine-Tuning' Ad Tech Remedies

    The Justice Department and Google questioned their last witnesses Monday in a fight over whether to break up the company's advertising placement technology business, in a two-hour hearing with a rebuttal witness, a rare surrebuttal witness, and an acknowledgment from the Virginia federal judge overseeing the case that even after she delivers her final judgment, it might need revisions in the future. 

Expert Analysis

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

  • Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning

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    A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.

  • A Changing Playbook For Fighting Records Requests In Del.

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    The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.

  • Demystifying The Civil Procedure Rules Amendment Process

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    Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.

  • Bankruptcy Courts May Offer Relief For Tariff-Driven Distress

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    The Bankruptcy Code and the customs laws interact in complex ways that make bankruptcy a powerful, albeit limited, tool for companies that are dealing with tariff-related financial distress, says Eitan Arom at KTBS Law.

  • How 2nd Circ. Cannabis Ruling Upends NY Licensing

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    A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • How Sustainability Reporting Changed In The 1st Half Of 2025

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    Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Union Interference Lessons From 5th Circ. Apple Ruling

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    The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

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