Retail & E-Commerce

  • September 25, 2025

    Fed. Circ. Snubs Patent Atty's Bid To Join Toddler Mat IP Case

    The Federal Circuit on Thursday denied an attorney's bid to appear in a patent infringement case over toddler dining mats, in which the lower court found that his misrepresentation of prior art during prosecution was "purposeful, deliberate, and egregious."

  • September 25, 2025

    NY Judge Approves Hold On Cannabis Store Proximity Rule

    A New York state judge has signed off on an agreement between marijuana stores and cannabis regulators to temporarily halt enforcement of a recent regulatory reinterpretation of store location requirements that threatened to upend more than a hundred cannabis businesses.

  • September 25, 2025

    Texas Wins Remand Of PFAS Lawsuit Targeting 3M, Corteva

    A Texas federal judge has remanded the state's lawsuit alleging that chemical companies including 3M Co. marketed and sold products like Teflon, Stainmaster and Scotchgard despite being aware of the toxicity of the forever chemicals within them.

  • September 25, 2025

    Pa. High Court Backs Two-Lab Rule For Medical Pot Products

    The Pennsylvania Supreme Court on Thursday upheld a state rule requiring medical marijuana businesses to test their products at two separate laboratories, finding that the state law's emphasis on public safety empowered regulators to impose the requirement.

  • September 25, 2025

    Mich. Judge Backs $778M Judgment Against Auto Parts Mogul

    A Michigan federal judge on Thursday said Alter Domus LLC can pursue a judgment against a Detroit-area businessman's trust in a decades-old dispute over a guaranty agreement, renewing the more than $770 million award to the administrative agent after determining it properly took over the case from JPMorgan Chase.

  • September 25, 2025

    TM Dispute Over DIY Dentures Dismissed In NC

    A trademark row between a dental lab and denture manufacturer was dismissed Wednesday when a North Carolina federal judge agreed with Mabel Dental Lab Inc. and Crown Warranty LLC that their connections to the state are sparse at best.

  • September 25, 2025

    Costco Loses Bid To Slip Ugg Maker's Copycat IP Suit

    Costco Wholesale Corp. cannot escape a trade dress infringement lawsuit by the maker of Ugg footwear, accusing it of ripping off its signature shearling footwear designs, a California federal judge ruled, saying the complaint plausibly alleges that consumers associate the designs with the Ugg brand.

  • September 25, 2025

    PepsiCo, Frito-Lay Sued Over 'No Artificial Flavors' Poppables

    PepsiCo and Frito-Lay deceptively label their Poppables puffy potato snacks with a "categorically false" claim that they contain no artificial flavors despite that citric acid is an ingredient, which induced customers into paying a price premium for them, alleges a proposed class action filed Thursday in New York federal court.

  • September 25, 2025

    NC BBQ Chain Nets Deal To End Trademark Fight With Flagship

    A chain of barbecue restaurants and its original location have resolved a short-lived clash over the use of their shared trademark on branded sauces and rubs, North Carolina federal court records show.

  • September 25, 2025

    EU, US Trade Officials Meeting On Tariff Deal

    In advance of a meeting Thursday between European and U.S. trade officials, European Commission trade spokesman said discussion topics could include possible rate reductions and tariff exemptions for additional goods under an evolving bilateral framework trade agreement.

  • September 25, 2025

    Fed. Circ. Affirms Dismissal Of Patent Suit Against Aldi

    The Federal Circuit on Thursday won't revive a suit accusing supermarket chain Aldi's mobile app of infringing patents covering a way to find consumer products in particular areas, backing an Illinois federal court's finding that the patents were invalid under the U.S. Supreme Court's Alice standard.

  • September 25, 2025

    Avon Gets Ch. 11 Plan Approved

    A Delaware bankruptcy judge has confirmed Avon's Chapter 11 plan a few days after verbally agreeing to approve it.

  • September 25, 2025

    European Commission Probing SAP Over Software Support

    European enforcers have opened an investigation into concerns that German software giant SAP restricts the market for maintenance and support services for the company's business management software.

  • September 25, 2025

    Fed. Circ. Upholds China Tariffs From Trump's 1st Term

    The Federal Circuit on Thursday blessed a large batch of tariffs on Chinese goods installed by President Donald Trump during his first White House term, turning away a host of importers' claims that the levies had been imposed illegally.

  • September 25, 2025

    Amazon To Pay $2.5B To End FTC's Prime Claims Midtrial

    Amazon has agreed to a landmark $2.5 billion settlement to end the Federal Trade Commission's consumer protection case targeting its Prime subscription program, the commission announced Thursday, just days into what was expected to be a monthlong trial.

  • September 24, 2025

    Google Ad Tech Judge Ponders If Order Without Sale Is Enough

    A Virginia federal judge wondered aloud Wednesday if it's necessary to break up Google LLC's advertising placement technology business, or if she can address the monopolies targeted by the U.S. Department of Justice through a "strict set of requirements."

  • September 24, 2025

    Crocs Kicks Rival's Defamation Suit To The Curb

    A Colorado federal judge on Wednesday tossed a defamation suit brought against Crocs Inc. by its rival Double Diamond, finding the company failed to provide any evidence of damages or harm suffered from a press release it said twisted their legal settlement into an admission of wrongdoing.

  • September 24, 2025

    Ticketmaster, LA Sued For Sabotaging Kingston Trio Concerts

    A concert promoter for the current iteration of the Kingston Trio has filed suit in California federal court, accusing the city of Los Angeles, the Greek Theater and Ticketmaster of sabotaging the folk and pop group's concerts in late 2024, including by making it hard for its older fan base to buy tickets.

  • September 24, 2025

    Ex-Amazon Worker Said Docs Could Lose FTC Suit, Jury Told

    An Amazon user experience researcher told a colleague in 2024 that documentation of consumers' frustration with the Prime sign-up process "will be the thing that loses the case" for the company if a Federal Trade Commission lawsuit were to reach trial, according to a message shown to a Seattle federal jury Wednesday.

  • September 24, 2025

    Skechers Investor Seeks Chancery Appraisal Of $9.4B Deal

    A Skechers shareholder is asking the Delaware Chancery Court for an appraisal to determine the fairness of the $63-per-share buyout price of nearly 700,000 shares in the footwear company after its $9.4 billion take-private deal with 3G Capital.

  • September 24, 2025

    CVS Moves To End Worker's Tobacco Surcharge ERISA Suit

    CVS urged a California federal judge to toss an employee's proposed class action alleging it illegally imposes surcharges to health plan participants and their covered spouses who use tobacco, arguing it offers surcharge alternatives to workers and spouses when a medical condition makes it unreasonably difficult to cease tobacco use.

  • September 24, 2025

    Ill. Justices Won't Hear Pepsi's $2.1M Tax Penalty Case

    An Illinois appeals court decision allowing $2.1 million in penalties against PepsiCo for categorizing Frito-Lay expatriates' compensation as foreign payroll will stand, as the state's highest court declined to review the dispute Wednesday.

  • September 24, 2025

    9th Circ. Allows One More Go-Round In Kleenex Ad Fight

    The Ninth Circuit Wednesday determined it does not have jurisdictional authority to revive a proposed class action alleging Kimberly-Clark Corp.'s Kleenex Germ Removal Wet Wipes mislead consumers about the product's ability to kill germs, saying the consumers were not able to establish subject matter jurisdiction.

  • September 24, 2025

    IP Feud Over 'Shark Tank'-Backed Comb Settles Before Trial

    The inventor of a hair-twisting system that was featured on an episode of "Shark Tank" and received an investment from celebrity businessman Mark Cuban has settled patent infringement claims with a rival a week before the two were to go to trial.

  • September 24, 2025

    Del. Justices Uphold $10.5B Zendesk Take-Private Deal

    Delaware's Supreme Court early Wednesday upheld the Court of Chancery's Sept. 10 dismissal of a stockholder challenge to the $10.5 billion take-private deal for software as a service business Zendesk Inc., closing the book on the case in two sentences issued two weeks after appeal arguments.

Expert Analysis

  • 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.

  • 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.

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