Retail & E-Commerce

  • July 17, 2025

    REI Escapes 401(k) Suit Over Recordkeeping Fee Threshold

    REI defeated a proposed class action claiming it unlawfully only charged 401(k) participants for administrative costs if they had at least $5,000 in their accounts, with a Washington state federal judge saying federal benefits law doesn't require fiduciaries to distribute expenses equally.

  • July 17, 2025

    EU Approves Luxembourg Beverage Deal With Fix

    European enforcers have approved beverage producer and distributor Brasserie Nationale's planned purchase of a Luxembourg-based wholesaler, after the companies agreed to unload a portion of the business that sells to hotels, restaurants and cafes in the country.

  • July 17, 2025

    6 Cases For Patent Attys To Watch In The Second Half Of 2025

    The Federal Circuit is considering major questions about when delays in prosecuting patents become bad faith and whether the acting U.S. Patent and Trademark Office director is legally allowed to apply new rules retroactively. Here's what you need to know about these cases and others that attorneys are keeping an eye on for the rest of the year.

  • July 17, 2025

    Omaha Tribe Leads Nebraska In Cannabis Legalization Push

    The Omaha Tribe of Nebraska is now the first Indigenous nation in the state to legalize and regulate medical and recreational cannabis use on tribal lands, putting it ahead of the state currently embroiled in litigation over voter-approved ballot referendums on the issue.

  • July 17, 2025

    Robotics Co. Investors Settle De-SPAC Suit For $7.5M In Del.

    Investors in a special purpose acquisition company that took artificial intelligence company Berkshire Grey Inc. public for $2.25 billion in mid-2021 have reported a $7.5 million proposed settlement intended to end a breach of fiduciary duty suit in Delaware's Court of Chancery.

  • July 17, 2025

    Houston Texans Say No Thought Behind Ticket Holders' Suit

    A group of longtime Houston Texans season ticket holders told a judge Thursday that they were "blackballed" with increased prices after 20 years of loyalty, while the team countered that their antitrust claims "do not have a lot of thought."

  • July 17, 2025

    Amazon Attys Jump To Crowell & Moring In San Francisco

    Crowell & Moring LLP has expanded its litigation resources in its San Francisco office with the addition of two former in-house attorneys for Amazon, who bring more than 30 years of combined experience to advise clients on product liability claims.

  • July 17, 2025

    Couche-Tard Pulls $47B Takeover Bid For 7-Eleven Parent

    Alimentation Couche-Tard has withdrawn its nearly $47 billion bid to acquire Seven & i Holdings, the Japanese parent of 7-Eleven, citing "a persistent lack of good faith engagement" from Seven & i leadership.

  • July 17, 2025

    Work Wear Seller Faults 'Heartless' Lender In Chapter 11 Filing

    Work wear and healthcare apparel retailer Work N Gear filed an emergency Chapter 11 petition late Wednesday, accusing a creditor of "heartless conduct" in sweeping funds out of accounts set aside to pay employee healthcare claims.

  • July 16, 2025

    11th Circ. Nixes Walmart Win, Backs ALJ Removal Restriction

    The Eleventh Circuit on Wednesday ruled in a published opinion that a removal restriction for administrative law judges is constitutional, reversing Walmart's win in a lawsuit that had blocked a chief administrative law judge from deciding on immigration-related complaints against the hypermarket company.

  • July 16, 2025

    Amazon Beats Class Suit Over Prime Video Ads For Good

    A Washington federal judge has permanently ended a proposed class action against Amazon.com Inc. over the introduction of commercials on the company's Prime Video streaming service, reiterating on Wednesday her prior ruling that the company's subscriber terms permitted the change.

  • July 16, 2025

    Juul Fights Bid To Revive Price Discrimination Suit

    Juul Labs urged an Illinois federal court not to revive a gas station distributor's case accusing the e-cigarette company of giving a rival wholesaler a better deal, saying the court was right to toss the latest complaint because it failed to say where the wholesalers compete.

  • July 16, 2025

    BOE Misappropriated Samsung Trade Secrets, ITC Judge Finds

    A U.S. International Trade Commission judge has found that China's BOE Technology misappropriated Korean-based Samsung Display Co. Ltd.'s trade secrets for device screens.

  • July 16, 2025

    Avon Insurers Say Ch. 11 Was Filed In 'Bad Faith'

    A group of insurance carriers that issued coverage to Avon has asked the Delaware bankruptcy court to dismiss or convert the cosmetics company's Chapter 11 case, arguing the debtor filed its petition in "bad faith" and lacks a valid purpose for the bankruptcy.

  • July 16, 2025

    Refused NFL Goods Sale Not Antitrust Harm, Judge Says

    An online merchant blocked from selling licensed NFL merchandise on Amazon.com and Walmart.com by league policies restricting online sales to approved retailers has two weeks to fix its proposed class action claims after a New York federal judge said that the contested restrictions do not trigger U.S. antitrust law.

  • July 16, 2025

    Kratom Seltzers 'Addictive,' Wash. Class Suit Alleges

    A proposed class of kratom product buyers is suing Mitra-9 Brands LLC in Washington federal court, alleging that the company knew — but failed to warn customers — that the products are addictive in the same way as opioids and can cause withdrawal symptoms.

  • July 15, 2025

    Auto Dealership Software Biz Must Face Rival's Monopoly Suit

    A California federal judge Tuesday denied Texas tech company CDK Global's bid to dismiss a lawsuit accusing it of cornering the auto dealership management software market, saying its rival, Tekion, plausibly alleged that CDK holds a monopoly power and made it hard for dealerships to switch to competing platforms.

  • July 15, 2025

    Pool Supply Co. Escapes Investor Suit Over COVID-Era Sales

    Arizona-based pool supply company Leslie's Inc. won dismissal, for now, of an investor class action led by North Carolina's state treasurer that alleged the company botched disclosures about waning demand during the COVID-19 pandemic, with the court finding the allegations failed to state a claim for federal securities law violations.

  • July 15, 2025

    'NJ Weedman' Can Proceed With Suit Over City Hall Protest

    The city of Trenton, New Jersey, can't escape a lawsuit filed by a cannabis advocate known as NJWeedman who claims the municipality violated his First Amendment rights by retaliating against him after he projected a "Batman-like" protest message on City Hall, a federal judge ruled, saying it might be "annoying" but it is protected speech.

  • July 15, 2025

    FTC Says Merger Penalty Deal In The Works With 7-Eleven

    The Federal Trade Commission is inching closer to a settlement with 7-Eleven in its suit seeking to slap the convenience store chain with a $77.5 million penalty for violating a settlement that it inked with the agency in order to get a merger approved back in 2018.

  • July 15, 2025

    Consumers Say Apple's Bid To End App Store Case Will Fail

    A massive class of consumers accusing Apple of monopolizing the distribution of apps on its devices has told a California federal court the tech giant's planned summary judgment bid should be rejected because there's evidence showing harm to both users and developers.

  • July 15, 2025

    9th Circ. Backs Nature's Way Loss In Supplements TM Suit

    The Ninth Circuit on Tuesday upheld a lower court's finding that a Doctor's Best Inc. brand of supplements didn't infringe a trademark of competitor Nature's Way Products LLC because the Doctor's Best products were all sold outside the U.S.

  • July 15, 2025

    FCC Drops 'Single Seller' Marketing Reg After 11th Circ. Ruling

    The Federal Communications Commission has plucked from the books a rule requiring individual consumer consent for companies to contact customers through comparison shopping sites after the Eleventh Circuit declared the regulation an overstep.

  • July 15, 2025

    Fizz Social Loses Bid To Block Instacart's 'Fizz' Drink App

    A California federal judge has denied social media platform Fizz Social Corp.'s bid for a preliminary injunction in its trademark infringement and anti-cybersquatting lawsuit accusing Instacart and Partiful of ripping off its "FIZZ" mark to launch a rival "Fizz" beverage-delivery app that targets the so-called Gen Z demographic.

  • July 15, 2025

    9th Circ. Upholds Axing Of IT Co.'s Microsoft Data Misuse Case

    The Ninth Circuit declined Tuesday to revive a cybersecurity supplier's case accusing Microsoft of misusing a proprietary database of login credentials recovered on the black market, concluding that the parties' contract did not impose limits on the tech giant's use of the data.

Expert Analysis

  • Cos. Should Prepare For Mexican Payments Surveillance Tool

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    The recent designation of six Mexican cartels as "specially designated global terrorists" will allow the Treasury Department to scrutinize nearly any Mexico-related payment through its Terrorist Finance Tracking Program — a rigorous evaluation for which even sophisticated sanctions compliance programs are not prepared, says Jeremy Paner at Hughes Hubbard.

  • When Reincorporation Out Of Del. Isn't A Good Idea

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    While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.

  • Pepperdine Case Highlights Shift In Collegiate IP Landscape

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    A complaint filed by Pepperdine University against Netflix and Warner Bros. two weeks ago alleges that a comedy series unlawfully copies the school's trademarks, and the decision could reshape the portrayal of collegiate athletics on screen and the legal tools schools use to defend their emblems, says Mindy Lewis at Michelman & Robinson.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • What's At Stake In High Court's Class Member Standing Case

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    The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'

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    The Delaware Supreme Court's recent Maffei v. Palkon ruling regarding TripAdvisor's proposed reincorporation to Nevada potentially signals a turning point in the trend of expanding the protections from Kahn v. M&F Worldwide to other types of transactions, says Andrew J. Haile at Elon University.

  • Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy

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    A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • Compliance Pointers For DOJ's Sweeping Data Security Rule

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    A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.

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