Retail & E-Commerce

  • December 02, 2025

    Monthly Merger Review Snapshot

    The FTC urged a D.C. court to block a deal involving a new heart valve treatment, and courts rejected the commission's monopolization case over Meta's past acquisitions and the agency's challenge of a medical device coatings deal. Here, Law360 looks at the major merger review developments from November.

  • December 02, 2025

    5th Circ. Wary Of FDA Process Behind Rule For New Vapes

    A Fifth Circuit panel appeared skeptical Tuesday that the U.S. Food and Drug Administration properly accounted for how a new rule for premarket authorization of new tobacco products would affect small businesses in the industry.

  • December 02, 2025

    Fox News, FedEx Ink Clawback Settlements With Guo Trustee

    The trustee handling Chinese exile Miles Guo's $374 million Chapter 11 estate has asked a Connecticut bankruptcy judge to approve sealed settlements in clawback claims once totaling nearly $4 million against Fox News, FedEx, Marcum LLP and seven other entities after a mediator agreed the terms were reasonable.

  • December 02, 2025

    Walmart Stabbing Victim Says Mich. Store Ignored Red Flags

    A man who was one of 11 people stabbed at a Traverse City Walmart this summer sued the retail giant in Michigan state court on Tuesday, alleging the company flouted its own safety policies when employees didn't flag the attacker's suspicious behavior and call police.

  • December 02, 2025

    'Ionization' Smoke Detectors Are Faulty, Class Claims

    A proposed class of buyers is suing the makers of "ionization technology" smoke alarms, saying they have hidden the fact that they are incapable of detecting slow, smoldering fires that are more dangerous and common than the faster, flaming fires they can detect.

  • December 02, 2025

    CVS Will Pay $37.8M To Settle Insulin Pen Overbilling Claims

    CVS has agreed to pay $37.76 million to settle allegations that the major pharmacy retailer violated federal law by overdispensing and overbilling for insulin pens to government healthcare programs, federal prosecutors said Tuesday. 

  • December 02, 2025

    Tribe Can't Recover Lost Profits For Pot Sales Under RICO

    A New York federal judge has ruled that cannabis' federal illegality means that the Cayuga Nation cannot invoke a federal racketeering law to recover lost profits from retailers' unsanctioned cannabis sales on tribal land.

  • December 01, 2025

    Silver Fern Chemical Tells Jury 3 Workers Stole Trade Secrets

    Counsel for chemical distributor Silver Fern Chemical told a Seattle federal jury Monday that three of its salespeople cheated the company out of more than $7 million in revenue by taking confidential customer information to a rival business, kicking off what's expected to be a 12-day trial.

  • December 01, 2025

    State AGs Demand Info From 'Buy Now, Pay Later' Lenders

    A multistate coalition of seven attorneys general has launched a probe into the terms and fees set by "buy now, pay later" lenders that are popular with shoppers, saying they're concerned that the companies' products could be breaking consumer protection laws.

  • December 01, 2025

    Home Depot Ex-Worker's Appeal In 401(k) Suit Dismissed

    The Eleventh Circuit on Monday tossed an appeal by a former Home Depot worker in a proposed class action alleging the company misspent forfeited employer contributions in its employee 401(k) plan, several months after a Georgia lower court concluded that the lawsuit failed to state a claim.

  • December 01, 2025

    Chancery OKs $9.4M Deal To End Sears Take-Private Suit

    Terming it a settlement that is "easy to approve," a Delaware vice chancellor on Monday OK'd a $9.37 million deal to end a suit contesting investor payouts after a take-private deal for Sears Hometown and Outlet stores in 2019.

  • December 01, 2025

    Apple IPhone Buyers Push To Appeal Class Decertification

    Consumers told the Ninth Circuit they need to appeal a district court ruling that decertified a class of iPhone buyers expected to reach 200 million members in an antitrust case over Apple's App Store policies because the ruling was a "death knell" for the case.

  • December 01, 2025

    NY Cannabis Regulators Says Town's Zoning Code Preempted

    New York State Office of Cannabis Management told a New York federal court that a local town's zoning law at the heart of a dispute between the town and a licensed cannabis dispensary "is preempted and invalid" due to a prior state board decision.

  • December 01, 2025

    Worker Wants Cannabis Co. Trade Secrets Suit Trimmed

    A former supervisor at New Jersey cannabis products maker Kushi Labs LLC is looking to whittle down a trade secrets lawsuit accusing her of siphoning off confidential materials and giving them to a rival, arguing in a Wednesday filing that a federal law prohibits only hacking, not employees' misuse of their access.

  • December 01, 2025

    Crocs' 3D Marks Not Famous, Rival Tells Colorado Court

    A footwear company has told a Colorado federal court that Crocs' shoe designs lack the necessary widespread recognition to be registered for a trademark, asking for the court to grant it a win on its arguments that Crocs' "3D" marks are invalid.

  • December 01, 2025

    Starbucks To Pay $39M In NYC's Fair Workweek Law Probe

    Starbucks has agreed to shell out nearly $39 million following a New York City Department of Consumer and Worker Protection probe that found the coffee chain had violated the city's Fair Workweek Law, the department and Mayor Eric Adams announced on Monday.

  • December 01, 2025

    Trump Tariff Refund Rights Should Be Preserved, Costco Says

    The federal government should have to refund President Donald Trump's emergency tariffs paid by Costco Wholesale Corp., the company told the U.S. Court of International Trade.

  • December 01, 2025

    Samsung Accused Of Infringing Security Patents In EDTX

    A Wyoming-based patent owner has hit Samsung with a lawsuit in Texas federal court, claiming the South Korean electronics giant's security platform is infringing a pair of patents on ways to protect data.

  • December 01, 2025

    Suit Against Erika Girardi's Atty Tossed As 'Shotgun Pleading'

    A Florida federal court has dismissed a clothing company's abuse of process suit against an attorney of "Real Housewives of Beverly Hills" star Erika Jayne for being a shotgun pleading.

  • December 01, 2025

    Somnigroup Lobs All-Stock Takeover Offer For Leggett & Platt

    Bedding giant Somnigroup International Inc., advised by Cleary Gottlieb Steen & Hamilton LLP, on Monday revealed it had submitted an unsolicited all-stock takeover proposal for Latham & Watkins LLP-advised Leggett & Platt.

  • December 01, 2025

    Texas Says Shein May Have Sold Unsafe Products

    The Texas Office of the Attorney General has launched an investigation into global retailer Shein US Services LLC Corp. and its affiliates, saying Monday the fast-fashion company may have violated consumer safety laws.

  • December 01, 2025

    4 Mass. Rulings You May Have Missed In November

    A judge dismissed a flurry of proposed class actions alleging retailers flouted a Massachusetts law requiring that job applications include a notice of the state's ban on lie detectors, while a personal injury law firm couldn't escape a former associate's suit over its unilateral decision to eliminate commissions for cases he brought to the firm, among notable state court decisions in November.

  • December 01, 2025

    Libertarian Orgs. Tell Justices Cannabis Ban Is Outdated

    A pair of libertarian advocacy groups have filed friend-of-the-court briefs urging the U.S. Supreme Court to hear a case challenging the federal prohibition on marijuana, arguing that a 20-year-old precedent wrongly expanded Congress' power to regulate intrastate commerce.

  • December 01, 2025

    Chewy Can't Strike Negligence Claim In Tripping Death Suit

    A Connecticut state judge won't let pet supply company Chewy Inc. strike a negligence claim in a suit alleging that a woman died after tripping over a delivery package, rejecting the company's argument that it owed no duty that was breached.

  • December 01, 2025

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court saw a slate of corporate law clashes this past week, from fast-moving injunction fights in consumer product and real estate markets to multibillion-dollar oversight claims against crypto executives and fresh battles over control for two sports teams.

Expert Analysis

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • Latest Influencer Marketing Class Actions Pinpoint 5 Themes

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    Several recent deceptive marketing class actions against both brands and influencers attempt to transform arguably routine business practices into a new focus area for consumer complaints, suggesting a coordinated approach to test what could become an increasingly popular area of litigation, say attorneys at Morgan Lewis.

  • Dupes Boom Spurs IP Risks, Opportunities For Investors

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    The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.

  • A Look At Trump Admin's Shifting Strategies To Curtail CFPB

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    The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • 4 Consumer Class Action Trends To Watch In 2nd Half Of 2025

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    The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • Fed. Circ. In May: Evaluating Opportunistic Trademark Filings

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    The Federal Circuit's decision last month in the "US Space Force" trademark case gives the Trademark Trial and Appeal Board additional clarity when working through opportunistic trademark filings, particularly when the mark's value is primarily due to the potential value of a false connection, say attorneys at Knobbe Martens.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • Focusing On Fluoride: From FDA To Class Action

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    A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.

  • A Guide To Permanent Capital Vehicles As Access Widens

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    Recent regulatory and legislative actions are making it easier for retail investors to access permanent capital vehicles like closed-end, interval, tender offer and open-end funds, which each offer distinct advantages that are important to review, say attorneys at Mayer Brown.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

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