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Retail & E-Commerce
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April 04, 2025
Bigelow Drinkers Overpaid 11% Due To 'USA' Label, Jury Told
An expert testifying for a California class of R.C. Bigelow tea purchasers on Friday told a federal jury considering damages caused by false advertising claims that the class overpaid by 11.3%, or $3.26 million, due to a "Manufactured in the USA 100%" label the judge already found is deceiving.
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April 04, 2025
IPO Plans Appear Iced As Trump's Tariffs Rock Markets
The escalating sell-off in equities is halting major initial public offerings for now and more prospects will likely pause plans as deals lawyers and their clients assess the fallout following President Donald Trump's endorsement of across-the-board tariffs, experts say.
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April 04, 2025
OpenAI And Musk Get 2026 Trial Date, Likely Sans Microsoft
A California federal judge on Friday nailed down an expedited March 2026 trial schedule for Elon Musk and OpenAI's contract fight over OpenAI's transition into a for-profit enterprise, while staying antitrust claims indefinitely and calling Microsoft's request to participate in the trial if she dismisses Musk's claims against it "not logical."
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April 04, 2025
Texas Goodwill Inks $75K Deal In EEOC Disability Bias Suit
The U.S. Equal Employment Opportunity Commission told a Texas federal court Friday that a Goodwill operation has agreed to pay $75,000 to end the agency's suit alleging the organization illegally declined to hire a deaf applicant for a retail role because "hearing and speaking" were job requirements.
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April 04, 2025
Fla. Court Sanctions Man For Made-Up Lowe's Injury
A Florida appeals court on Friday sanctioned a man who a trial judge found concocted a story about being injured by falling garbage can lids at a Lowe's store.
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April 04, 2025
Nissan Settles With NJ Dealers In Suit Over Predatory Loans
Nissan North America Inc. and its financing arm have settled a dispute with New Jersey auto dealers who said they were forced to take $20 million worth of predatory loans that financed an overabundance of inventory the car giant ordered them to carry amid corporate pressure to raise sales, according to a letter filed in federal court.
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April 04, 2025
Fla. House Bill Would Cut General Sales Tax Rate, Other Rates
Florida would reduce the state's general sales tax rate and other sales tax rates, including the rates imposed on commercial rent, electricity and sales of new mobile homes, by three-quarters of a percentage point under a bill introduced in the state House of Representatives.
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April 04, 2025
Starbucks Illegally Called Cops On Protest, NLRB Judge Says
A National Labor Relations Board judge said Starbucks illegally called the police on organizers who leafleted a cafe in New York state, saying a manager called to suppress the protest and not to protect an organizer or get nonemployees off its property.
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April 04, 2025
Anthropic Can't Weigh In On Google Search Fix
A D.C. federal judge denied a request from Anthropic to provide input during the remedies phase of the government's search monopolization case against Google over concerns about a provision requiring notice before Google makes future investments in artificial intelligence.
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April 04, 2025
State-Run Pa. Pot Stores Likely Preempted, Memo Says
A proposal to implement state-run retail marijuana stores in Pennsylvania, similar to how the Keystone State regulates wine and liquor sales, would likely be preempted by federal law, according to a new legal memorandum commissioned by the state's medical marijuana industry.
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April 04, 2025
Hemp Sellers Fight To Keep Conn. Suit Alive
A group of hemp companies is urging a Connecticut federal court not to dismiss their claims that the state's new hemp regulations are unconstitutional, saying their complaint shows that the the laws are too vague and violate the 2018 Farm Bill by redefining hemp.
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April 04, 2025
Off The Bench: City Sues Sportsbooks, Ex-NFLer Battles TMZ
In this week's Off The Bench, Baltimore joins the fight against promotional tactics by DraftKings and FanDuel, Terrell Owens tries to protect a catchphrase in a trademark suit, and a trial over a child's injuries at a golf facility draws closer.
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April 03, 2025
Wash. Justices To Hear Amazon Chemical Suicide Suits
The Washington Supreme Court will review whether Amazon can be sued under the state's product liability law for the online sale of a chemical that four people used to kill themselves, in cases brought by family members that were dismissed by a lower appellate court.
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April 03, 2025
Bigelow CEO Denies Deliberately Misleading Tea Buyers
The CEO of R.C. Bigelow repeatedly denied from a California federal court witness stand Thursday that her company deliberately misled consumers by labeling its teas as "manufactured in the USA 100%," saying that the phrase — which a judge has already found to be false — was well-intentioned.
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April 03, 2025
CFPB Says It Will Reopen Small-Biz Lending Rule
The Consumer Financial Protection Bureau said Thursday that it will reopen its Biden-era rule requiring financial institutions to report data on their small business lending activity, the latest policy pivot for the agency under its new Trump-appointed leadership.
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April 03, 2025
Samsung Can't Yet Beat Epic's Claim It Colluded With Google
A California federal judge denied Samsung's bid to end Epic Games' suit claiming it colluded with Google to skirt an impending injunction forcing Google to allow competition with its Play Store, saying Thursday the allegations are plausibly stated so "this is not time to put an end to the case."
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April 03, 2025
7th Circ. Doubts SuperValu's Bid To Lower $22.5M Pension Bill
The Seventh Circuit appeared Thursday to lean against a grocery store's effort to lower its $22.5 million union pension bill, with multiple judges challenging the employer's argument that stores sold months before a complete fund withdrawal should be excluded from its annual payment calculation.
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April 03, 2025
Amazon, Biotech Net $1.9M Win Against Fake Supplement Sellers
A Washington federal judge has awarded biotechnology company Quincy Biosciences and Amazon a combined total of $1,895,375.40 in default judgments against several individuals who hawked counterfeit Prevagen brain health products through Amazon's marketplace, after the sellers failed to appear or participate in the case.
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April 03, 2025
Kroger, Albertsons Argue Colo. No-Poach Suit Is Preempted
Kroger Co. and Albertsons urged a Colorado federal judge to toss a worker's proposed class action claiming the grocers violated state antitrust law with a no-poach agreement, arguing Thursday that the claims are exclusively governed by federal labor law.
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April 03, 2025
Benesch Escapes Claims It Fumbled Ex-Client's IP Theft Probe
An Illinois federal judge has dismissed a lawsuit from a woman who alleged that a firm she hired botched a potential trade secrets case involving a spill-proof children's lid she claims she created, saying the plaintiff failed to show that Benesch Friedlander Coplan & Aronoff LLP permanently damaged her ability to pursue her underlying legal claims.
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April 03, 2025
Franchise Group, Lenders Clash Over Control Of Ch. 11 Case
A Delaware bankruptcy judge said Thursday she would soon decide whether retail-chain owner Franchise Group Inc. can keep exclusive control over its efforts to confirm a reorganization deal, as a group of lenders that considers the debtor's Chapter 11 plan "unconfirmable" works to intervene in the process.
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April 03, 2025
Google, Apple Staff Must Testify In Meta Antitrust Case
A D.C. federal judge said current and former employees of Google, Apple, TikTok, X Corp., Snap and other tech companies must testify at the Federal Trade Commission's upcoming antitrust trial against Meta Platforms Inc.
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April 03, 2025
Online Alcohol Shop, Distributor Near Deal In Antitrust Fight
Online marketplace Provi and major wine distributor Southern Glazer's Wine have struck a deal in principle to resolve their dispute in an antitrust suit claiming the distributor conspired to stifle competition, according to a notice they have filed in Illinois federal court.
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April 03, 2025
Baltimore Sues 'Exploitative' Online Sports Betting Giants
The city of Baltimore, in what appears to be a groundbreaking action for a municipality, on Thursday became the latest entity to sue sportsbooks DraftKings and FanDuel for alleged deceptive practices to entice potential bettors.
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April 03, 2025
Ex Jushi Exec Says Pot Co. Fired Him For Whistleblowing
The former chief operating officer for Jushi Holdings Inc. is suing the cannabis company, saying he was wrongly terminated after working to ensure the company's facilities met safety and compliance standards.
Expert Analysis
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Complying With Seasonal Product Labeling Requirements
Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Searching For Insight On Requested Google Chrome Remedy
The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Fed. Circ. In December: A Patent Prosecution History Lesson
Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.