Retail & E-Commerce

  • August 13, 2025

    David Protein Tees Up Bid To Toss Ingredient Antitrust Suit

    David Protein told a New York federal judge on Wednesday that a lawsuit accusing the trendy bar maker of violating antitrust law should be tossed, saying in a letter that a group of low-calorie food companies still could not cure legal deficiencies the court previously flagged, despite twice amending their complaint.

  • August 13, 2025

    Whole Foods Battles Dismissal Bids In $1M Asbestos Suit

    Grocery giant Whole Foods aimed to fend off dismissal bids Wednesday from a shopping plaza owner and landlord, telling the North Carolina Business Court that it sufficiently alleged contract breaches that led to asbestos entering one of its stores.

  • August 13, 2025

    NYC Pot Shops Can't Revive Suit Over Marijuana Crackdown

    A federal judge will not reconsider his decision to end a lawsuit filed by more than two dozen companies that claim their due process rights were violated when New York City closed some of their stores on claims they were unlicensed cannabis operations, saying they brought nothing new for the court to ponder.

  • August 13, 2025

    Colo. AG To Stay Enforcement Of Gas Stove Labeling Law

    The Colorado Attorney General's Office agreed to stay enforcement of a recent law mandating that a health warning be placed on all gas stoves until a resolution is reached on a forthcoming request for preliminary injunction by a trade association, which claims the law is unconstitutional.

  • August 13, 2025

    Edible Arrangements Asks 11th Circ. To Revive Trademark Suit

    Attorneys for Edible Arrangements on Wednesday urged the Eleventh Circuit to overturn the dismissal of its trademark infringement suit against 1-800-Flowers, arguing a lower court wrongly found the action was barred by a prior settlement between the parties related to similar conduct.

  • August 13, 2025

    Gun Rights Orgs. Drop NJ Gov. From Suit Over Age Limits

    Two firearm-ownership advocacy groups and a New Jersey teen seeking to invalidate prohibitions on teens buying and carrying handguns have dropped New Jersey Gov. Phil Murphy from their lawsuit, choosing to focus on other state officials and U.S. Attorney General Pam Bondi.

  • August 13, 2025

    Cannabis' Social Equity Efforts In Doubt After 2nd Circ. Ruling

    A Second Circuit decision Tuesday, finding that the Constitution's dormant commerce clause applies to the federally illegal marijuana industry, further constricts states' ability to implement programs intended to award so-called social equity licenses favoring those harmed by past cannabis prohibition, experts told Law360.

  • August 13, 2025

    High Court Asked To Review Marking Tape Patent Fight

    The inventor of a patent covering a type of marking tape wants the U.S. Supreme Court to take up his challenge to a Federal Circuit ruling that the patent is invalid, saying issues related to jurisdiction need the high court's attention.

  • August 13, 2025

    Water Law & Real Estate: A Special Report

    What's more summery than a trip to the shore? That's where Law360 Real Estate Authority has headed — not for a break, but for a special section looking at waterfront real estate, from coastal development challenges to big projects and the lawyers keeping them on course.

  • August 13, 2025

    Suit Claims UPPAbaby Car Seats Asphyxiate Infants

    A grandmother is suing the company behind UPPAbaby infant products, alleging in New Jersey federal court that three of its infant car seats are dangerously defective in their design, which seats infants in a curled-up position that can restrict their airways.

  • August 13, 2025

    Roomba-Maker Execs Sued Over Post-Amazon Deal Issues

    The top brass of iRobot Corp., maker of the Roomba robotic vacuum cleaner, have been hit with a shareholder derivative suit in New York federal court claiming they exaggerated the effectiveness of the company's restructuring plan following the abandonment of a proposed $1.7 billion merger with Amazon.

  • August 13, 2025

    OpenAI, Microsoft Beat Musk's RICO Claims In For-Profit Fight

    OpenAI and Microsoft again beat Elon Musk's racketeering claims in his lawsuit challenging OpenAI's now-abandoned pivot to a for-profit enterprise, after a California federal judge said Tuesday the amended allegations do not provide details on how the companies ran the enterprise through a pattern of racketeering activity.

  • August 13, 2025

    Jewelry Co. Claire's To Appoint UK Insolvency Administrators

    The operator of United Kingdom-based stores of the bankrupt jewelry retailer Claire's said Wednesday it would open an insolvency proceeding and appoint administrators, one week after Claire's filed for Chapter 11 protection in Delaware bankruptcy court.

  • August 13, 2025

    Media Matters Judge 'Troubled' By FTC Subpoena Args

    A D.C. federal judge reacted with incredulity Wednesday to Federal Trade Commission arguments that Media Matters can't challenge a subpoena unless the agency itself sues to enforce it, adding during a hearing that the FTC can't ignore its current leadership's recent history of targeting progressives.

  • August 13, 2025

    EBay, Former Execs Must Face Bulk Of Harassment Case

    A Massachusetts federal judge has trimmed some defamation and damages claims brought by a pair of bloggers against online retailer eBay in a lawsuit over the company's alleged campaign of retaliation over their coverage, but will allow most of the case to proceed to trial.

  • August 13, 2025

    Calif. Firm Says Pot Co. Co-Owners Stiffed On Buyout Deal

    A California firm is suing its former business partners in state court, alleging that they failed to pay up on a partnership withdrawal agreement and still owe more than $280,000 for the firm's 15% share of a cannabis business.

  • August 13, 2025

    4 Firms Advise On Gildan's $4.4B Acquisition Of HanesBrands

    Canada's Gildan Activewear Inc. has agreed to acquire HanesBrands for about $2.2 billion, or $4.4 billion including debt, the companies said Wednesday, with four law firms guiding on the cross-border apparel industry deal. 

  • August 12, 2025

    Fanatics Loses Bid For Bar On Boies Schiller In Antitrust Row

    A New York federal judge Tuesday overruled Fanatics Inc.'s objection to an order requiring the sports collectibles company to turn over unredacted versions of licensing agreements to rival Panini America Inc., rejecting Fanatics' bid to place limits on Boies Schiller Flexner LLP attorneys who access the agreements.

  • August 12, 2025

    Carriers Must State If Phones They Sell Are Locked, FCC Told

    Mobile phone carriers should have to clearly state whether the phones they're selling are carrier "locked" and if so for how long a customer will be locked in with that phone company, the Federal Communications Commission heard recently.

  • August 12, 2025

    Kraft Heinz Faces Suit Over Capri-Sun '100% Juice' Claims

    A shopper sued The Kraft Heinz Co. in California federal court Monday claiming its Capri-Sun "100% Juice" Fruit Punch misleads consumers by hiding synthetic citric acid, a preservative and flavor additive, behind pure juice marketing.

  • August 12, 2025

    Google Wants Epic Order Paused For Potential High Court Bid

    Google has asked the Ninth Circuit to keep an order requiring it to allow more competition for the Play Store on Android devices on hold while it seeks a rehearing, and potentially a review by the Supreme Court, in the antitrust case being brought by Fortnite developer Epic Games.

  • August 12, 2025

    IMG Fragrance Company Hits Ch. 11 With $64M In Debt

    Fragrance portfolio company IMG Holdings Inc. and its affiliates sought Chapter 11 bankruptcy protection on Monday in Delaware, reporting $63.6 million in senior secured debt and less than $10 million in assets, and aiming for a $3 million asset and trademark sale to creditor Fragrance Xtreme Inc.

  • August 12, 2025

    Senate, House Bills Look To Curb Counterfeit Imports

    A bipartisan group of lawmakers has introduced a bill in both chambers of Congress aiming to combat counterfeit and pirated imports by allowing customs agents to share suspected counterfeit packaging and shipping information with intellectual property holders, e-commerce companies and goods transporters.

  • August 12, 2025

    Amazon's 'Dark Patterns' Expert Nixed From FTC Prime Suit

    Amazon.com Inc. is down a key expert witness after a Washington federal judge ruled that an engineering consultant has offered nothing but his expertise and experience to argue the Federal Trade Commission wrongly accuses the retail giant of using "dark patterns" to trick users into Prime subscriptions.

  • August 12, 2025

    2nd Circ. Rules Dormant Commerce Clause Covers Marijuana

    A split Second Circuit panel on Tuesday ruled that, despite marijuana's federal illegality, the U.S. Constitution prohibits states from privileging their own residents when awarding licenses to cannabis businesses.

Expert Analysis

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • DOJ Enforcement Trends To Watch In 2nd Half Of 2025

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    Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    In the second quarter of the year, New York utilized every available tool to fill gaps left by federal retrenchment from consumer finance issues, including sweeping updates to its consumer protection framework and notable amendments to cybersecurity rules, say attorneys at Steptoe.

  • State, Fed Junk Fee Enforcement Shows No Signs Of Slowing

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    The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • 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.

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