Retail & E-Commerce

  • August 18, 2025

    Ex-Lovesac Execs Stuck With Bulk Of SEC Fraud Suit

    The U.S. Securities and Exchange Commission's suit against two former executives of beanbag chair maker Lovesac will move forward after a Connecticut federal judge ruled that the SEC had adequately pled knowledge of wrongdoing by the defendants and the materiality of alleged misstatements.

  • August 18, 2025

    Ex-GC Ordered To Destroy Files In Trade Secret Dispute

    Storehouse In A Box secured a permanent injunction against its former general counsel and chief operating officer, barring him from using or accessing confidential information the e-commerce company alleges he misappropriated after being put on leave, according to a Monday order.

  • August 18, 2025

    Insurer, Kennel Settle Coverage Dispute Over Nuisance Claims

    A Hanover unit and a dog kennel have resolved a dispute over coverage for an underlying suit alleging that the kennel's expansion interfered with a Golden State community's rights of possession, according to a California federal court filing.

  • August 18, 2025

    Fried Frank Escapes Sanctions Over Flawed RICO Patent Suit

    A Florida federal court has rejected sanctions motions leveled against Tristar Products Inc. and its counsel at Fried Frank for bringing a doomed anti-racketeering patent fraud lawsuit against Telebrands Corp., finding that the claims were not frivolous despite "myriad" flaws and "sloppy lawyering."

  • August 18, 2025

    2nd Circ. Partially Reopens Grocery Chain 401(k) Fee Suit

    The Second Circuit partially revived a proposed class action Monday against a Northeastern U.S. grocery chain alleging mismanagement of an employee 401(k) plan, finding a lower court wrongly tossed some allegations in the suit for failure to state a claim.

  • August 18, 2025

    Progressive Must Cover $6M Title Insurer Judgment, Mall Says

    Progressive must cover a more than $6 million judgment against a title insurance agency that Progressive insured, the owner of a New Jersey shopping center told a Pennsylvania state court, arguing that Progressive-appointed counsel rejected prior settlement opportunities in bad faith.

  • August 18, 2025

    Ohio State Court Finds Google Is Not A Common Carrier

    An Ohio state court has ruled that Google's search engine does not qualify as a common carrier that would be subject to heightened oversight, finding that Google does not transport products for others or claim that its search results are "indifferent."

  • August 18, 2025

    RI, Wash. Say 2nd Circ. Dormant Commerce Pot Ruling Is Inapt

    Officials from Rhode Island and Washington state have said in separate letters to federal circuit courts that the Second Circuit's determination last week that the Constitution's dormant commerce clause applied to marijuana should not affect their pending appeals in related cases.

  • August 15, 2025

    'Alarm Should Ring': Judge Blocks FTC's Media Matters Probe

    A Washington, D.C., federal judge Friday preliminarily blocked the Federal Trade Commission from moving forward with its investigation into the left-leaning Media Matters for America, saying the investigation is likely a retaliatory response to an article reporting that ads on Twitter appeared next to antisemitic posts following Elon Musk's acquisition.

  • August 15, 2025

    Stewart Issues Dozens More Discretionary Denial Decisions

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart denied numerous petitions challenging patents on discretionary grounds this week, while referring a smaller number of cases to the Patent Trial and Appeal Board.

  • August 15, 2025

    Ohio Justices Back Landlord In Speedway Store Leases Suit

    The Ohio Supreme Court has sided with a landlord embroiled in a lease renewal dispute with a tenant that subleased 24 properties to major convenience store chain Speedway LLC, ruling that the tenant didn't make a mistake when it negligently failed to renew its leases on time.

  • August 15, 2025

    Amazon Keeps Damages Expert For FTC's Prime Case

    A Washington federal judge refused Friday to nix an Amazon.com expert from the Federal Trade Commission case accusing the retail giant of using "dark patterns" to trick users into Prime subscriptions, allowing the jury to hear arguments that the FTC's accusations under an online shopping protection law are "an unpredictable departure."

  • August 15, 2025

    Post Holdings Sued Over Citric Acid In Pet Food

    A California woman is suing Post Holdings Inc. in federal court, alleging that it uses artificially made citric acid as a preservative in its dog food products despite the labels claiming they contain no preservatives.

  • August 15, 2025

    NY Judge Orders Temu Users To Arbitrate Data Claims

    A New York federal judge ordered a group of plaintiffs accusing online bargain app Temu of privacy violations to arbitrate their claims, saying an arbitration agreement in the company's terms is not unconscionable and that an arbitrator must determine the pact's scope.

  • August 15, 2025

    Epson, Amazon Awarded $7.2M In Counterfeit Ink Suit

    A Washington federal judge has granted Amazon and Seiko Epson default judgment against a group accused of selling counterfeit printer ink, agreeing to the two companies' request for $7.2 million in damages.

  • August 15, 2025

    Kirkland Guides Latest Purchase For PE-Backed Pet Food Co.

    Kirkland & Ellis LLP is advising Inspired Pet Nutrition on another pet food acquisition as the U.K.-based company enters exclusive negotiations to purchase Ultra Premium Direct, a French online pet food retailer, from private equity firm Eurazeo.

  • August 15, 2025

    Vape Cos. Urge 4th Circ. To Halt NC E-Cigarette Law

    A coalition of vaping interests is urging the Fourth Circuit to find that a North Carolina law prohibiting the sale of e-cigarettes not approved by the U.S. Food and Drug Administration is blocked by federal policy.

  • August 15, 2025

    Google Asks 9th Circ. To Rethink Play Store Antitrust Ruling

    Google urged the Ninth Circuit to reconsider a panel's decision to affirm a jury's findings that it monopolized the Android app market, saying the panel made several missteps when evaluating the claims and contended the injunction issued as a result of the verdict goes too far.

  • August 15, 2025

    LA Judge Upholds $2M Award In Cannabis Investment Battle

    A Los Angeles state court judge upheld a $2.25 million judgment against the manager of a medical marijuana collective accused of defrauding an investor, chastising him for "never even" attempting to bring in key evidence that would allegedly help his case.

  • August 15, 2025

    Taxation With Representation: Wachtell, Cooley, Sullivan

    In this week's Taxation With Representation, the NBA signs off on the sale of the Boston Celtics, Gildan Activewear acquires HanesBrands, private equity shop Advent International buys insurance software firm Sapiens, and financial software provider MeridianLink goes private via its acquisition by Centerbridge Partners.

  • August 14, 2025

    9th Circ. Won't Revive 3M Worker's Noncompete Dispute

    The Ninth Circuit on Thursday declined to revive a former 3M Co. employee's lawsuit over a noncompete provision in his employment contract, agreeing with a Washington federal court's finding that the complaint failed to allege 3M actually enforced or leveraged the noncompete in violation of state law.

  • August 14, 2025

    Nursing Home Pharmacy Co. Hits Ch. 11 With $51M Sale Plan

    Partners Pharmacy Services LLC, which provides medications to patients in long-term care facilities across seven U.S. states, has filed for Chapter 11 protection in Texas, with plans for an asset sale to its prepetition lender, who is an existing indirect owner, for a $51 million credit bid.

  • August 14, 2025

    Grubhub, Driver Ink $24.8M Deal To End Decade-Long Dispute

    Grubhub Inc. and a former delivery driver who accused the mobile food delivery platform of misclassifying him as an independent contractor have reached a $24.75 million settlement in his nearly decade-old lawsuit, with the driver deeming the deal an "excellent result" for a proposed settlement class of California drivers.

  • August 14, 2025

    ATF Says Ban On Buying Handguns Out Of State Is Valid

    The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives asked a Texas federal judge to shoot down a bid from a gun store to overturn the federal ban on citizens purchasing handguns outside their state of residence, saying the law has historic backing.

  • August 14, 2025

    PTAB Axes Most Claims In Signify Lighting Patent

    The Patent Trial and Appeal Board has found that most of the claims in a Signify Holdings BV lighting patent challenged by Luminex International Co. Ltd. and home improvement chain Menard Inc. were invalid.

Expert Analysis

  • Trump's 2nd Term Puts Merger Remedies Back On The Table

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    In contrast with the Biden administration, the second Trump administration has signaled a renewed willingness to resolve merger enforcement concerns through remedies from the outset, particularly when the proposed fix is structural, clearly addresses the harm and does not require burdensome oversight, say attorneys at Cooley.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • AI Infrastructure Growth Brings Unique IP Considerations

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    The explosive rise of artificial intelligence has triggered an equally dramatic transformation in the supporting infrastructure required to meet growing AI demand, and the technology used in these data centers has its own intellectual property considerations to navigate, says Vincent Allen at Carstens Allen.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • New DOJ Penalty Policy Could Spell Trouble For Cos.

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    In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.

  • Influencer Marketing Partnerships Face Rising Litigation Risk

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    In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.

  • Mulling Worker Reclassification In Light Of No Tax On OT

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    The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.

  • 5 Consumer Protection Compliance Issues In NY State Budget

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    Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.

  • How Cos. In China Can Tailor Compliance Amid FCPA Shifts

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    The U.S. Department of Justice’s recently updated Foreign Corrupt Practices Act enforcement guidelines create a fluid business environment for companies operating in China that will require a customized compliance approach to navigate both countries’ corporate and legal systems, say attorneys at Dickinson Wright.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

  • Ultra-Processed Food Claims Rely On Unproven Science

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    Plaintiffs' arguments that ultra-processed foods are responsible for the nationwide increase in certain chronic illnesses, though a novel approach to food-based personal injury claims, depend on theories that are still being tested, say attorneys at DLA Piper.

  • How US Cos. Should Prep For Brazil's Int'l Data Transfer Rules

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    Brazil's National Data Protection Authority's new rules concerning the processing and storing of Brazilians' personal data carry significant reputational risks for the e-commerce, financial services, education and health sectors, so U.S. companies with business in Brazil should prepare ahead of the Aug. 23 compliance date, says Juliane Chaves Ferreira at Guimarães & Vieira de Mello.

  • Series

    Law School's Missed Lessons: Skillful Persuasion

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    In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.

  • A Look At Trump 2.0 Antitrust Enforcement So Far

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    The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.

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