Retail & E-Commerce

  • September 18, 2025

    DOJ's Slater Says Google Search Fixes Set AI 'Foundation'

    The head of the Justice Department Antitrust Division left the door open Thursday to appealing a D.C. federal judge's rejection of the government's most sweeping remedies proposals targeting Google's search monopoly, even as she used New York City remarks to tout the fixes the government did manage to win.

  • September 18, 2025

    Citing Lashify, ITC Finds Domestic Industry In Vape Case

    The U.S. International Trade Commission has agreed with a judge's finding that Pax Labs Inc. has satisfied a requirement for it to bring its case alleging imports of vape devices infringed various patents, relying on a pair of Federal Circuit rulings over what counts toward that requirement.

  • September 18, 2025

    Pet Food Tray Sellers Sue Rival Over Patent Complaints

    Pet product companies based in China have sued a New Jersey woman for allegedly making "frivolous" complaints of patent infringement against them, causing retailers to pull their products from shelves.

  • September 18, 2025

    Nvidia Investing $5B In Intel, Launches AI Chip Alliance

    Nvidia Corp. said Thursday it will join forces with Intel Corp. to develop custom chips for data centers and personal computers, kicking off the collaboration with a planned $5 billion investment in Intel stock. 

  • September 18, 2025

    Auto Co. Accuses Conn. Revenue Dept. Of Fumbling Depos

    An auto wholesaler accusing Connecticut's tax commissioner of levying a double tax on warranties attached to vehicles sold out of state wants the Department of Revenue Services sanctioned for failing to properly prepare two witnesses for Sept. 12 depositions.

  • September 18, 2025

    Harley-Davidson Says 7th Circ. Right To Toss Warranty Suit

    Harley-Davidson is urging the Seventh Circuit not to hold an en banc rehearing on antitrust claims alleging its warranties prohibited off-brand parts, saying the panel was correct last month when it found the plaintiffs failed to allege the relevant market or that the warranty actually had any such prohibition.

  • September 18, 2025

    Japanese Glycine Exporter Hit With 86% Antidumping Duty

    The U.S. Department of Commerce issued a notice Thursday indicating a Japanese supplier of glycine faces a more than 86% antidumping duty rate, saying the company failed to cooperate with the federal government's investigation.

  • September 18, 2025

    PNC Accused Of Sharing Site Users' Private Info With LinkedIn

    A proposed class action claims PNC Financial Services violated the privacy of visitors to its website by tracking their browsing and sharing that information with social network LinkedIn, according to a complaint filed in Pennsylvania state court.

  • September 18, 2025

    Valitic Soap Is Unapproved Drug, Class Of Buyers Claims

    A proposed class of soap buyers is suing the maker of Valitic soap in New York federal court, alleging that it is an illegal drug as it claims to be able to treat dark spots, acne and other skin conditions without U.S. Food and Drug Administration approval.

  • September 17, 2025

    Ex-Applicant Sues Walmart, Alleging Consumer Report Misstep

    Big box retailer Walmart faces a proposed class action alleging it violated the Fair Credit Reporting Act by running a background check, then rescinding a job offer to an applicant who'd disclosed her criminal record before starting the application process.

  • September 17, 2025

    BIPA Logic May Sustain Walgreens Data Suit, Ill. Justices Hint

    Illinois' highest court Wednesday pressed an attorney for Walgreens to address why the company shouldn't apply its own reasoning that a plaintiff can file suit based solely on a statutory violation of the state's biometric privacy statute to allegations that the retail pharmacy chain printed too much financial information on receipts.

  • September 17, 2025

    Tribal Members Tell 9th Circ. Tariff Suit Belongs In Fed. Court

    Counsel for members of the Blackfeet Nation tribe told the Ninth Circuit on Wednesday their suit challenging President Donald Trump's emergency tariffs should stay in federal district courts, where constitutional and congressional claims over tribal commerce must be heard.

  • September 17, 2025

    Broker Can't Trim Chipwich Maker's $4.5M Recall Loss Suit

    A Connecticut state court refused to nix a breach of contract claim in an ice cream sandwich maker's $4.5 million suit accusing its insurance broker of failing to recommend and procure insurance that would cover a food recall.

  • September 17, 2025

    Hermes Gets Birkin Bag Antitrust Claims Tossed For Good

    A California federal court on Wednesday tossed a proposed class action accusing Hermes of unlawfully tying the sale of its iconic Birkin handbag to other expensive items, finding the latest version of the complaint still fell short of making a plausible antitrust claim.

  • September 17, 2025

    DOJ & Google Going To Trial, Again, On Ad Tech Remedies

    The Justice Department goes to trial next week to try breaking up Google's advertising placement technology business after a Virginia federal court declared the company an illegal monopolist in ad tech.

  • September 17, 2025

    Herbal Co.'s Supplements Lack FDA Disclaimer, Buyers Claim

    A proposed class of herbal supplement buyers is suing Traditional Medicinals Inc. in California federal court, alleging that its line of supplements makes claims that they support sleep, digestion and other functions, but they lack federally required disclaimers.

  • September 17, 2025

    USTR Seeks Feedback On USMCA In Advance Of Joint Review

    The Office of the U.S. Trade Representative is seeking comments on the effectiveness of the U.S.-Mexico-Canada Agreement in advance of next year's joint review of the regional trade agreement, it has announced.

  • September 17, 2025

    Fed. Circ. Backs Rejection Of Sterling Silver Patent App

    The Federal Circuit on Wednesday upheld the U.S. Patent and Trademark Office's rejection of a bid for a patent on a silver alloy resistant to corrosion, backing the agency's finding that the application lacked enough written description.

  • September 17, 2025

    FTC Sends White House List Of Regulations For Deletion

    The Federal Trade Commission provided the White House with a report on Wednesday recommending that more than 125 regulations from agencies across the federal government be modified or deleted because they create barriers to competition.

  • September 17, 2025

    Newell Unit Sued Over Crock-Pot Defect Scalding User

    A woman is suing Sunbeam Products Inc. and its parent Newell Brands Inc. in Georgia federal court, alleging their Crock-Pot pressure cookers are defective, resulting in one ejecting its contents while under pressure, badly scalding her.

  • September 17, 2025

    Pot Entrepreneur Pushes 4th Circ. To Rehear Licensing Fight

    A California cannabis entrepreneur has asked the Fourth Circuit to rehear her case after a panel rejected her bid to upend Maryland's marijuana social equity licensing program, arguing that the appellate judges' ruling turned on multiple errors of law and fact.

  • September 17, 2025

    Walmart's CLO Plans Departure To Pursue 'Next Chapter'

    Walmart's chief legal officer, whose seasoned in-house career has included working in the private sector and at senior levels of the federal government, said Tuesday that she will leave her position at the end of the retail giant's fiscal year in January.

  • September 17, 2025

    Md. Hemp Cos. Plan To Challenge Cannabis Law At 4th Circ.

    A group of hemp companies challenging Maryland's cannabis policies told a federal judge Tuesday that they plan to appeal a pair of recent adverse rulings, citing in part a new federal appellate ruling that pot sellers are entitled to constitutional protections.

  • September 16, 2025

    Ky. Judge Backs Fed's Debit-Fee Cap In Split With ND Ruling

    A Kentucky federal judge on Monday upheld a Federal Reserve Board cap on debit-card swipe fees that a local merchant challenged as overly generous to banks, breaking with a North Dakota federal court that recently rejected the same regulation.

  • September 16, 2025

    Starbucks Resolves Swipe Fee Claims With BofA, Mastercard

    Starbucks is the latest retailer to settle claims in an antitrust action Tuesday in New York federal court alleging Mastercard, Bank of America and several other financial institutions were part of an illegal scheme forcing merchants to pay excessive fees when shoppers pay with their credit or debit cards. 

Expert Analysis

  • Tracking The Evolution Of Liability Management Exercises

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    As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.

  • What Banks Must Do To Attract Gen Z Customers

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    The young adults of Generation Z bank differently, so financial institutions must engage appropriately if they wish to attract this key population, including by leveraging savvy marketing, well-designed online interfaces and top-notch customer service, says Madeline Thieschafer at Fredrikson & Byron.

  • Rebuttal

    Mass Arbitration Reform Must Focus On Justice

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    A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Breaking Down Ill. Bellwether Case For Bank Preemption

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    The banking industry's pending lawsuit against the state of Illinois stands to permanently enjoin state regulation of bank card processing, as well as clarify the outstanding and consequential issue of whether conflict preemption continues to cover third parties in certain circumstances, says Tom Witherspoon at Stinson.

  • J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'

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    A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Charging A Separate Tariff Fee May Backfire For Retailers

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    In the wake of the Trump administration's newly imposed tariffs, retailers facing significant supply chain cost increases may be considering adding a tariff fee to offset these costs, but doing so risks violating state drip pricing bans, say attorneys at Benesch.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Why Trade Cases May Put Maple Leaf Deference On Review

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    When litigation challenging the president’s trade actions reaches the Federal Circuit, the court will have to reevaluate the Maple Leaf standard in light of the U.S. Supreme Court's 2024 Loper Bright decision limiting Chevron-like deference to cases involving statutory provisions in which Congress delegated discretionary authority to the executive branch, say attorneys at Wiley.

  • CRE Challenges Demand New Lease And Development Plans

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    As developers and landlords face declining occupancy of commercial, industrial and office space post-pandemic, a combination of business and lease considerations may better position stakeholders to protect the value and profitability of their commercial real estate, says Geoffrey Leskie at Segal McCambridge.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Electronic Shelf Labels Pose Myriad Risks For Retailers

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    While electronic shelf labels offer retailers a new way to convey pricing and other product information to consumers, the technology has attracted the attention of U.S. policymakers and consumer advocates, so businesses must assess antitrust, data privacy and discrimination risks before implementation, say attorneys at Baker McKenzie.

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