Retail & E-Commerce

  • November 07, 2025

    Panel Weighs If Baby Lounger Co. Can Still Fight CPSC Label

    D.C. Circuit judges suggested Friday that the maker of a popular baby lounger may have forfeited its key appellate argument for undoing a U.S. Consumer Product Safety Commission rule that has forced the product off the market by failing to address the issue during the agency's rulemaking.

  • November 07, 2025

    Judge Denies Injunction Bid In Baby Carrier TM Fight

    A Manhattan federal judge has denied a request for a preliminary injunction from a company suing a rival for trademark infringement in relation to baby carriers, saying she wasn't convinced that consumers were likely to be confused by the two products.

  • November 07, 2025

    3 Firms Guide Dubai Hookah Maker's $1.75B SPAC Merger

    Three law firms are guiding Dubai hookah brand owner AIR Ltd. on its agreement to go public in the U.S. through a $1.75 billion deal with blank-check firm Cantor Equity Partners III, the companies said on Friday. 

  • November 07, 2025

    Beauty Co. Says Ex-Exec's $40M Claim 'Implausible'

    The former president of a Connecticut beauty brand that L'Oréal bought for around $1 billion has made an "implausible" claim that she is owed $40 million from the sale based on an alleged verbal contract, the company said in opposing her application for a prejudgment remedy.

  • November 07, 2025

    Fed. Circ. Wary Of Reviving Express Mobile's $40M Win

    Express Mobile Inc. didn't appear to persuade a panel of the Federal Circuit Friday that a Delaware federal judge erred in overruling a jury's $40 million infringement verdict against Shopify Inc. based on concerns about expert testimony.

  • November 07, 2025

    Taxation With Representation: Kirkland, Cravath, Paul Weiss

    In this week's Taxation With Representation, consumer products giant Kimberly-Clark acquires Tylenol maker Kenvue, shale producers SM Energy and Civitas Resources announce a merger, and power management company Eaton buys Boyd Corp.'s thermal business.

  • November 07, 2025

    Papa John's CEO Addresses 'M&A Rumors' In Q3 Call

    Days after private equity giant Apollo was said to have pulled a roughly $2.1 billion offer to purchase Papa John's, CEO Todd Penegor said Friday that the pizza chain would "fully consider" future strategic alternatives.

  • November 06, 2025

    Retailer Can't Force Arbitration Of False Pricing Class Claims

    A California federal judge Thursday rejected a bid by women's fashion brand Maggy London to arbitrate a proposed class action accusing it of advertising "phantom" price discounts on products sold on its website, finding that merely providing a link to the arbitration terms during the checkout process wasn't enough to form a binding agreement. 

  • November 06, 2025

    Egg Producers Blamed Bird Flu While Fixing Prices, Suit Says

    A New York grocer filed a proposed class action Thursday in Indiana federal court against the nation's largest conventional egg producers and two industry publications accusing them of a price-fixing conspiracy they falsely blamed on years-old bird flu outbreak.

  • November 06, 2025

    T-Mobile Fairly Canceled $27M In Phone Orders, 9th Circ. Says

    The Ninth Circuit isn't going to disturb a ruling tossing out a cellphone manufacturer's $27 million lawsuit against T-Mobile accusing it of reneging on purchase orders, after finding that the mobile behemoth had the right to unilaterally end their agreement.

  • November 06, 2025

    6th Circ. Becomes Latest To Reject NLRB's Thryv Remedy

    The Sixth Circuit is the latest court to weigh in on the National Labor Relations Board's 2022 decision that employers must cover any financial hits that workers take due to company misconduct, joining the Third and Fifth circuits and opposing the Ninth Circuit in ruling that the board overstepped.

  • November 06, 2025

    Crocs Urges Fed. Circ. To Reverse ITC Clog Import Ruling

    Clogs maker Crocs urged the Federal Circuit on Thursday to reverse a decision from the U.S. International Trade Commission not to impose a ban on imports that the Colorado-based company says are confusingly similar to its own footwear, arguing that the ITC erred in how it considered Crocs' fame and its competitors' intent to confuse consumers.

  • November 06, 2025

    Auto Parts Co. Cheated Drivers Out Of Wages, Court Told

    An automotive parts retailer paid drivers based on how long a specific route was supposed to take, not how much they actually worked, a former employee said in a proposed class and collective action filed in North Carolina federal court.

  • November 06, 2025

    Google-Epic Judge Raises Doubts About App Antitrust Deal

    The California federal judge overseeing Epic Games' antitrust suit against Google expressed serious doubts Thursday about their recent deal to end their fight over Android app distribution, ordering an evidentiary hearing and warning he's not sure the proposed deal will correct Google's illegal conduct.

  • November 06, 2025

    Pfizer Matches Novo's $10B Metsera Bid, And Other Rumors

    Pfizer Inc. reportedly raised its offer for Metsera Inc. to match a $10 billion bid from Novo Nordisk Inc., as a bidding war and legal squabble play out between the drugmakers. Among other deal-related rumors, Apollo Global Management Inc. reportedly dropped its bid to take private pizza chain Papa Johns International Inc., and new developments emerged as Warner Bros. Discovery Inc. weighs potential sale options.

  • November 06, 2025

    Meijer Health Plan Smoking Charge Shirked ERISA, Suit Says

    Supercenter chain Meijer unlawfully penalized workers with a $20-a-week health plan charge for using tobacco, a worker said in a proposed class action, claiming the company failed to properly follow regulations that allow workers to recoup the fee by participating in a wellness program.

  • November 06, 2025

    Wayfair's Quotas Stood In Way Of Breaks, Ex-Worker Says

    Wayfair imposed unreasonable quotas on workers for unloading and sorting furniture that led to missing meals, rest and cooling-down breaks, as well as unpaid wages, a former employee told a California state court.

  • November 05, 2025

    4 Firms Fueling Website Tracking Claims, Cyber Insurer Says

    A quartet of California-headquartered consumer law firms were behind nearly three-quarters of the website tracking and data privacy claims that both large and small businesses have reported to cyber insurer Coalition Inc. in recent years, according to a new report released Wednesday. 

  • November 05, 2025

    Mallinckrodt Faces Antitrust Suit Over Oxycodone Supply Halt

    A generic-drug company has claimed in a lawsuit filed in Pennsylvania federal court that Mallinckrodt LLC and a subsidiary have cut off the supply of active ingredients necessary to make competing drugs that include oxycodone and acetaminophen.

  • November 05, 2025

    Microsoft Wants To Weigh In On Google Search Fixes, Too

    Microsoft is urging a D.C. federal court to make sure that the limits imposed on Google in the U.S. Department of Justice's search monopolization case prevent the search giant from inking multiyear default agreements and that they reach new types of generative artificial intelligence products.

  • November 05, 2025

    Apple, Google CEOs Can't Yet Be Deposed In Antitrust Suit

    Consumers accusing Google of hatching a deal with Apple to make it the default search engine on the iPhone will not be allowed to depose Apple CEO Tim Cook and Google CEO Sundar Pichai as part of their antitrust case accusing Google of suppressing rival search engines.

  • November 05, 2025

    Hanes Juiced Sales With False 'Last Day' Email Ads, Suit Says

    Advertising emails sent by Hanes about apparently limited-time deals violated a Washington state law barring commercial emails with false or misleading subject lines, a Thurston County woman claimed in a proposed class action removed to federal court in Spokane on Wednesday.

  • November 05, 2025

    PTAB Upholds Shopping Patent After Google Challenge

    The Patent Trial and Appeal Board has refused to invalidate claims in an image-capturing patent used in retail clothes shopping environments, finding that Google was unable to show the claims were obvious.

  • November 05, 2025

    Convicted Man Seeks New Trial In $200M Smuggling Case

    A man who was convicted of assisting in a scheme to smuggle as much as $200 million worth of counterfeit luxury goods into the U.S. has asked a California federal judge for a new trial, challenging the government's evidence that he knew what he was doing was illegal.

  • November 05, 2025

    Home Depot Must Face False Arrest Suit, Fla. Panel Says

    A Florida appeals court on Wednesday revived a man's suit alleging a Home Depot store falsely imprisoned him on suspicion of stealing windows, saying there are disputes of fact that should have precluded summary judgment in the store's favor.

Expert Analysis

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • How Sustainability Reporting Changed In The 1st Half Of 2025

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    Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Union Interference Lessons From 5th Circ. Apple Ruling

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    The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • High Court E-Cig Ruling Opens Door For FDA Challenges

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    There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.

  • How 9th Circ. Customs Ruling Is Affecting FCA Litigation

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    The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • Ruling Puts 11th Circ. At Odds With Bankruptcy Courts

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    While an Eleventh Circuit majority recently found in BenShot v. 2 Monkey Trading and Lucky Shot USA that corporate debtors, like individuals, face certain exceptions to discharge under a nonconsensual Subchapter V plan, the ruling not only reverses the lower court, but opposes the holdings of many other bankruptcy courts, say attorneys at McDermott.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Budget Act Should Boost Focus On Trade Compliance

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    Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

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