Retail & E-Commerce

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • April 03, 2025

    Rent-A-Center Faces PAGA Suit Over Unpaid OT Claims

    A rent-to-own company and several alter-ego companies pressured employees to meet productivity quotas despite being understaffed and discouraged them from recording off-the-clock work, a worker alleged in a suit brought under California's Private Attorneys General Act in state court.

  • April 03, 2025

    Amazon Bids For TikTok As US Ban Nears, And More Rumors

    Amazon has emerged as a last-minute bidder for TikTok, which faces a looming ban in the United States if the popular video app is not separated from its own Chinese owner, while two of China's biggest automakers are pursuing a merger and Brookfield Asset Management is finalizing a deal to acquire Colonial Pipeline Inc. for more than $9 billion.

  • April 03, 2025

    Diageo GC Resigns For Top Legal Role At Thermo Fisher

    The general counsel at Diageo PLC will depart the British spirits maker for a similar position at biotechnology company Thermo Fisher Scientific Inc., he announced in a LinkedIn post.

  • April 03, 2025

    Accountant Cleared To Testify In Malpractice Case Against Her

    An accountant accused of malpractice can testify about whether her actions were reasonable when she allegedly failed to tell a client about a change in tax law stemming from the U.S. Supreme Court's Wayfair decision, a state Business Court judge has ruled.

  • April 03, 2025

    SunSetter To Pay $9M Over Defective Awning Covers

    A Massachusetts awning manufacturer will pay $9.25 million and implement a new compliance program to settle civil claims that it failed to report defective awning covers to the Consumer Product Safety Commission, allegedly leading to multiple injuries and at least one death.

  • April 02, 2025

    Bigelow VP Didn't Want Name In Emails About 'USA' Label

    A former R.C. Bigelow vice president testified Wednesday in a trial over the labeling of its products as "manufactured in the USA," agreeing that he once told a Bigelow executive he wished his name wasn't connected to the label, which a California federal judge has found to be false.

  • April 02, 2025

    Sprouts Hid Unsafe Heavy Metal In Sunflower Butter, Suit Says

    Sprouts Farmers Market misleads customers into thinking its sunflower butter spreads sold under Sprouts' own brand is made with high-quality protein and safe to consume, despite containing dangerous levels of cadmium, which poses serious health risks, according to a proposed class action filed Wednesday in California federal court. 

Expert Analysis

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • A Legal Perspective On NYC's Retail Real Estate Evolution

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    As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.

  • The Fashion Industry Should Prep Now For State PFAS Bans

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    New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.

  • How Boards And Officers Should Prep For New Trump Admin

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    In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.

  • Implementing Human Rights Due Diligence

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    The Bureau of Industry and Security’s recent removal of a Canadian surveillance provider from its export blacklist, after just eight months, illustrates the importance of integrating human rights due diligence into the vetting process by asking a few targeted questions, say attorneys at Cravath.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • 9th Circ.'s High Bar May Limit Keyword Confusion TM Claims

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    A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.

  • Key Points From New Maritime Oil Price Cap Advisory

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    The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.

  • NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

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    The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.

  • Best Practices For Influencer Trademark Protection

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    Though the Trademark Trial and Appeal Board recently decided that an influencer couldn't qualify for a retail services trademark registration for posting affiliate links to a third-party website, there are other trademark protections that influencers can pursue for their branding and marketing services, say attorneys at Nixon Peabody.

  • Takeaways From Final Regulations For China Investment Ban

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    ​The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • Recent Listeria Outbreaks Hold Key Compliance Lessons

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    Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

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