Retail & E-Commerce

  • November 07, 2025

    Judge Denies Injunction Bid In Baby Carrier TM Fight

    A Manhattan federal judge has denied a request for a preliminary injunction from a company suing a rival for trademark infringement in relation to baby carriers, saying she wasn't convinced that consumers were likely to be confused by the two products.

  • November 07, 2025

    3 Firms Guide Dubai Hookah Maker's $1.75B SPAC Merger

    Three law firms are guiding Dubai hookah brand owner AIR Ltd. on its agreement to go public in the U.S. through a $1.75 billion deal with blank-check firm Cantor Equity Partners III, the companies said on Friday. 

  • November 07, 2025

    Beauty Co. Says Ex-Exec's $40M Claim 'Implausible'

    The former president of a Connecticut beauty brand that L'Oréal bought for around $1 billion has made an "implausible" claim that she is owed $40 million from the sale based on an alleged verbal contract, the company said in opposing her application for a prejudgment remedy.

  • November 07, 2025

    Fed. Circ. Wary Of Reviving Express Mobile's $40M Win

    Express Mobile Inc. didn't appear to persuade a panel of the Federal Circuit Friday that a Delaware federal judge erred in overruling a jury's $40 million infringement verdict against Shopify Inc. based on concerns about expert testimony.

  • November 07, 2025

    Taxation With Representation: Kirkland, Cravath, Paul Weiss

    In this week's Taxation With Representation, consumer products giant Kimberly-Clark acquires Tylenol maker Kenvue, shale producers SM Energy and Civitas Resources announce a merger, and power management company Eaton buys Boyd Corp.'s thermal business.

  • November 07, 2025

    Papa John's CEO Addresses 'M&A Rumors' In Q3 Call

    Days after private equity giant Apollo was said to have pulled a roughly $2.1 billion offer to purchase Papa John's, CEO Todd Penegor said Friday that the pizza chain would "fully consider" future strategic alternatives.

  • November 06, 2025

    Retailer Can't Force Arbitration Of False Pricing Class Claims

    A California federal judge Thursday rejected a bid by women's fashion brand Maggy London to arbitrate a proposed class action accusing it of advertising "phantom" price discounts on products sold on its website, finding that merely providing a link to the arbitration terms during the checkout process wasn't enough to form a binding agreement. 

  • November 06, 2025

    Egg Producers Blamed Bird Flu While Fixing Prices, Suit Says

    A New York grocer filed a proposed class action Thursday in Indiana federal court against the nation's largest conventional egg producers and two industry publications accusing them of a price-fixing conspiracy they falsely blamed on years-old bird flu outbreak.

  • November 06, 2025

    T-Mobile Fairly Canceled $27M In Phone Orders, 9th Circ. Says

    The Ninth Circuit isn't going to disturb a ruling tossing out a cellphone manufacturer's $27 million lawsuit against T-Mobile accusing it of reneging on purchase orders, after finding that the mobile behemoth had the right to unilaterally end their agreement.

  • November 06, 2025

    6th Circ. Becomes Latest To Reject NLRB's Thryv Remedy

    The Sixth Circuit is the latest court to weigh in on the National Labor Relations Board's 2022 decision that employers must cover any financial hits that workers take due to company misconduct, joining the Third and Fifth circuits and opposing the Ninth Circuit in ruling that the board overstepped.

  • November 06, 2025

    Crocs Urges Fed. Circ. To Reverse ITC Clog Import Ruling

    Clogs maker Crocs urged the Federal Circuit on Thursday to reverse a decision from the U.S. International Trade Commission not to impose a ban on imports that the Colorado-based company says are confusingly similar to its own footwear, arguing that the ITC erred in how it considered Crocs' fame and its competitors' intent to confuse consumers.

  • November 06, 2025

    Auto Parts Co. Cheated Drivers Out Of Wages, Court Told

    An automotive parts retailer paid drivers based on how long a specific route was supposed to take, not how much they actually worked, a former employee said in a proposed class and collective action filed in North Carolina federal court.

  • November 06, 2025

    Google-Epic Judge Raises Doubts About App Antitrust Deal

    The California federal judge overseeing Epic Games' antitrust suit against Google expressed serious doubts Thursday about their recent deal to end their fight over Android app distribution, ordering an evidentiary hearing and warning he's not sure the proposed deal will correct Google's illegal conduct.

  • November 06, 2025

    Pfizer Matches Novo's $10B Metsera Bid, And Other Rumors

    Pfizer Inc. reportedly raised its offer for Metsera Inc. to match a $10 billion bid from Novo Nordisk Inc., as a bidding war and legal squabble play out between the drugmakers. Among other deal-related rumors, Apollo Global Management Inc. reportedly dropped its bid to take private pizza chain Papa Johns International Inc., and new developments emerged as Warner Bros. Discovery Inc. weighs potential sale options.

  • November 06, 2025

    Meijer Health Plan Smoking Charge Shirked ERISA, Suit Says

    Supercenter chain Meijer unlawfully penalized workers with a $20-a-week health plan charge for using tobacco, a worker said in a proposed class action, claiming the company failed to properly follow regulations that allow workers to recoup the fee by participating in a wellness program.

  • November 06, 2025

    Wayfair's Quotas Stood In Way Of Breaks, Ex-Worker Says

    Wayfair imposed unreasonable quotas on workers for unloading and sorting furniture that led to missing meals, rest and cooling-down breaks, as well as unpaid wages, a former employee told a California state court.

  • November 05, 2025

    4 Firms Fueling Website Tracking Claims, Cyber Insurer Says

    A quartet of California-headquartered consumer law firms were behind nearly three-quarters of the website tracking and data privacy claims that both large and small businesses have reported to cyber insurer Coalition Inc. in recent years, according to a new report released Wednesday. 

  • November 05, 2025

    Mallinckrodt Faces Antitrust Suit Over Oxycodone Supply Halt

    A generic-drug company has claimed in a lawsuit filed in Pennsylvania federal court that Mallinckrodt LLC and a subsidiary have cut off the supply of active ingredients necessary to make competing drugs that include oxycodone and acetaminophen.

  • November 05, 2025

    Microsoft Wants To Weigh In On Google Search Fixes, Too

    Microsoft is urging a D.C. federal court to make sure that the limits imposed on Google in the U.S. Department of Justice's search monopolization case prevent the search giant from inking multiyear default agreements and that they reach new types of generative artificial intelligence products.

  • November 05, 2025

    Apple, Google CEOs Can't Yet Be Deposed In Antitrust Suit

    Consumers accusing Google of hatching a deal with Apple to make it the default search engine on the iPhone will not be allowed to depose Apple CEO Tim Cook and Google CEO Sundar Pichai as part of their antitrust case accusing Google of suppressing rival search engines.

  • November 05, 2025

    Hanes Juiced Sales With False 'Last Day' Email Ads, Suit Says

    Advertising emails sent by Hanes about apparently limited-time deals violated a Washington state law barring commercial emails with false or misleading subject lines, a Thurston County woman claimed in a proposed class action removed to federal court in Spokane on Wednesday.

  • November 05, 2025

    PTAB Upholds Shopping Patent After Google Challenge

    The Patent Trial and Appeal Board has refused to invalidate claims in an image-capturing patent used in retail clothes shopping environments, finding that Google was unable to show the claims were obvious.

  • November 05, 2025

    Convicted Man Seeks New Trial In $200M Smuggling Case

    A man who was convicted of assisting in a scheme to smuggle as much as $200 million worth of counterfeit luxury goods into the U.S. has asked a California federal judge for a new trial, challenging the government's evidence that he knew what he was doing was illegal.

  • November 05, 2025

    Home Depot Must Face False Arrest Suit, Fla. Panel Says

    A Florida appeals court on Wednesday revived a man's suit alleging a Home Depot store falsely imprisoned him on suspicion of stealing windows, saying there are disputes of fact that should have precluded summary judgment in the store's favor.

  • November 05, 2025

    Amazon Sues Perplexity Over Shopper-Impersonating AI Tool

    Global retailer Amazon.com slapped Perplexity AI with a federal lawsuit that claims the San Francisco startup's use of an AI-powered "personal assistant" Comet to make purchases on the Amazon platform goes against its terms of service and is creating a security risk.

Expert Analysis

  • What Expanding Merchant Code Regs Mean For Processors

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    Arkansas and South Dakota recently joined a host of other states that restrict payment processors' usage of merchant category codes with laws that include noteworthy prohibitions against maintaining registries of firearms owners, with ramifications for multistate payment systems, say attorneys at Mayer Brown.

  • Forensic Challenges In Lithium-Ion Battery Fire Cases

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    Lawsuits over lithium-ion battery fires and explosions often center on the core question of whether the battery was defective or combusted due to some other external factor — so both plaintiff and defense attorneys litigating these cases must understand the forensic issues involved, says Drew LaFramboise at Joseph Greenwald.

  • 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.

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