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Retail & E-Commerce

  • September 17, 2025

    Hermes Gets Birkin Bag Antitrust Claims Tossed For Good

    A California federal court on Wednesday tossed a proposed class action accusing Hermes of unlawfully tying the sale of its iconic Birkin handbag to other expensive items, finding the latest version of the complaint still fell short of making a plausible antitrust claim.

  • September 17, 2025

    DOJ & Google Going To Trial, Again, On Ad Tech Remedies

    The Justice Department goes to trial next week to try breaking up Google's advertising placement technology business after a Virginia federal court declared the company an illegal monopolist in ad tech.

  • September 17, 2025

    Herbal Co.'s Supplements Lack FDA Disclaimer, Buyers Claim

    A proposed class of herbal supplement buyers is suing Traditional Medicinals Inc. in California federal court, alleging that its line of supplements makes claims that they support sleep, digestion and other functions, but they lack federally required disclaimers.

  • September 17, 2025

    USTR Seeks Feedback On USMCA In Advance Of Joint Review

    The Office of the U.S. Trade Representative is seeking comments on the effectiveness of the U.S.-Mexico-Canada Agreement in advance of next year's joint review of the regional trade agreement, it has announced.

  • September 17, 2025

    Fed. Circ. Backs Rejection Of Sterling Silver Patent App

    The Federal Circuit on Wednesday upheld the U.S. Patent and Trademark Office's rejection of a bid for a patent on a silver alloy resistant to corrosion, backing the agency's finding that the application lacked enough written description.

  • September 17, 2025

    FTC Sends White House List Of Regulations For Deletion

    The Federal Trade Commission provided the White House with a report on Wednesday recommending that more than 125 regulations from agencies across the federal government be modified or deleted because they create barriers to competition.

  • September 17, 2025

    Newell Unit Sued Over Crock-Pot Defect Scalding User

    A woman is suing Sunbeam Products Inc. and its parent Newell Brands Inc. in Georgia federal court, alleging their Crock-Pot pressure cookers are defective, resulting in one ejecting its contents while under pressure, badly scalding her.

  • September 17, 2025

    Pot Entrepreneur Pushes 4th Circ. To Rehear Licensing Fight

    A California cannabis entrepreneur has asked the Fourth Circuit to rehear her case after a panel rejected her bid to upend Maryland's marijuana social equity licensing program, arguing that the appellate judges' ruling turned on multiple errors of law and fact.

  • September 17, 2025

    Walmart's CLO Plans Departure To Pursue 'Next Chapter'

    Walmart's chief legal officer, whose seasoned in-house career has included working in the private sector and at senior levels of the federal government, said Tuesday that she will leave her position at the end of the retail giant's fiscal year in January.

  • September 17, 2025

    Md. Hemp Cos. Plan To Challenge Cannabis Law At 4th Circ.

    A group of hemp companies challenging Maryland's cannabis policies told a federal judge Tuesday that they plan to appeal a pair of recent adverse rulings, citing in part a new federal appellate ruling that pot sellers are entitled to constitutional protections.

  • September 16, 2025

    Ky. Judge Backs Fed's Debit-Fee Cap In Split With ND Ruling

    A Kentucky federal judge on Monday upheld a Federal Reserve Board cap on debit-card swipe fees that a local merchant challenged as overly generous to banks, breaking with a North Dakota federal court that recently rejected the same regulation.

  • September 16, 2025

    Starbucks Resolves Swipe Fee Claims With BofA, Mastercard

    Starbucks is the latest retailer to settle claims in an antitrust action Tuesday in New York federal court alleging Mastercard, Bank of America and several other financial institutions were part of an illegal scheme forcing merchants to pay excessive fees when shoppers pay with their credit or debit cards. 

  • September 16, 2025

    4th Circ. Revives RICO Claims On Amazon Project Kickbacks

    The Fourth Circuit in a published decision Tuesday revived racketeering and other claims from Amazon.com Inc. after two former employees, a real estate developer and an attorney operated a kickback scheme as the company spent hundreds of millions of dollars on a set of data center projects in northern Virginia.

  • September 16, 2025

    DC Circ. Urged To Rehear EPA's HFC Market Allocation Case

    A Georgia refrigerants company is asking for another shot to challenge the U.S. Environmental Protection Agency's implementation of a 2020 law mandating an 85% reduction in hydrofluorocarbon consumption by 2036, requesting an en banc rehearing from the D.C. Circuit after a panel unanimously rejected its challenge last month.

  • September 16, 2025

    Fred Meyer Faces $81M Suit Over Anti-Moonlighting Policy

    Fred Meyer broke Washington state law in barring nearly 13,000 of its low-wage workers from holding other jobs to make ends meet, according to a proposed class action removed to Seattle federal court.

  • September 16, 2025

    Feds Seek Toss Of DC Hemp Store's Home-Rule Challenge

    The United States government on Monday urged a federal judge to dismiss a challenge to federal policy restricting the nation's capital from regulating marijuana and hemp sales, saying the local retailer that brought the action lacked standing to sue.

  • September 16, 2025

    Fed. Circ. Brushes Off Wig Grip Patent Case

    The Federal Circuit on Tuesday refused to revive a wig grip apparatus patent owner's suit accusing a California hair replacement service of infringement, agreeing with how the lower court interpreted a key patent phrase.

  • September 16, 2025

    Senate Democrats Urge Chamber Not To Recriminalize Hemp

    A group of Democratic U.S. senators on Tuesday urged the chamber's leaders not to adopt language in an appropriations bill that would drastically redefine the definition of legal hemp and which they say could ruin the nationwide hemp industry.

  • September 16, 2025

    Lowe's Skirts NC Class Actions Over Alleged False Discounts

    A North Carolina federal judge threw out two proposed consumer class actions alleging Lowe's tricks customers into thinking they're getting a good deal with falsely advertised discount prices on products, finding the alleged harm for potential class members is too speculative.

  • September 16, 2025

    NY Cannabis License At Center Of Suit Against Fla. Broker

    The entrepreneurs who secured one of the earliest New York cannabis retail licenses as part of a legal settlement with the state allege in a new California state lawsuit that a Florida cannabis franchise broker frustrated their effort to sell a share of the venture.

  • September 16, 2025

    Mother Claims Aquaphor Healing Ointment Contains Allergen

    A California mother of two is suing Beiersdorf Inc. in federal court, alleging that its infant and children's healing ointments contain a common allergen despite being marketed as hypoallergenic.

  • September 15, 2025

    Google Consumers' Attys Seek $85M In Fees For $700M Deal

    Attorneys who helped consumers reach a still-pending $700 million antitrust deal with Google in 2023 have urged a California federal judge to grant them $85 million in attorney fees, saying the settlement, reached alongside state attorneys general, was an "exceptional" result obtained in the "face of substantial litigation uncertainty."

  • September 15, 2025

    Rent The Runway Gets Investor Suit Trimmed On 2nd Look

    Designer dress rental company Rent the Runway convinced a New York federal judge to trim certain shareholder claims against it after the judge reconsidered an earlier ruling on a putative class action suit that alleges the company failed to inform investors about major challenges it was facing prior to its 2021 initial public offering.

  • September 15, 2025

    Bayer Urges 9th Circ. Not To Revive Tevra Flea, Tick Meds Suit

    Bayer is urging the Ninth Circuit not to grant a new trial over claims that it locked up the market for pet flea and tick treatment, saying the only evidence that rival Tevra showed a jury at trial was "highly dubious."

  • September 15, 2025

    California Judge Denies Smoke Shops' Bid To Halt Fresno Law

    The California city of Fresno can enforce its new restrictions on smoke shops, including limiting their number and banning them from selling flavored tobacco and cannabis products, a California federal judge has ruled, rejecting arguments for a preliminary injunction after determining that the controls are probably constitutional.

Expert Analysis

  • Gauging The Risky Business Of Business Risk Disclosures

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    With the recent rise of securities fraud actions based on external events — like a data breach or environmental disaster — that drive down stock prices, risk disclosures have become more of a sword for the plaintiffs bar than a shield for public companies, now the subject of a growing circuit split, say attorneys at A&O Shearman.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • DOJ Enforcement Trends To Watch In 2nd Half Of 2025

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    Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    In the second quarter of the year, New York utilized every available tool to fill gaps left by federal retrenchment from consumer finance issues, including sweeping updates to its consumer protection framework and notable amendments to cybersecurity rules, say attorneys at Steptoe.

  • State, Fed Junk Fee Enforcement Shows No Signs Of Slowing

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    The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • What Expanding Merchant Code Regs Mean For Processors

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    Arkansas and South Dakota recently joined a host of other states that restrict payment processors' usage of merchant category codes with laws that include noteworthy prohibitions against maintaining registries of firearms owners, with ramifications for multistate payment systems, say attorneys at Mayer Brown.

  • Forensic Challenges In Lithium-Ion Battery Fire Cases

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    Lawsuits over lithium-ion battery fires and explosions often center on the core question of whether the battery was defective or combusted due to some other external factor — so both plaintiff and defense attorneys litigating these cases must understand the forensic issues involved, says Drew LaFramboise at Joseph Greenwald.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • Latest Influencer Marketing Class Actions Pinpoint 5 Themes

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    Several recent deceptive marketing class actions against both brands and influencers attempt to transform arguably routine business practices into a new focus area for consumer complaints, suggesting a coordinated approach to test what could become an increasingly popular area of litigation, say attorneys at Morgan Lewis.

  • Dupes Boom Spurs IP Risks, Opportunities For Investors

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    The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.

  • A Look At Trump Admin's Shifting Strategies To Curtail sa¹ú¼Ê´«Ã½

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    The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • 4 Consumer Class Action Trends To Watch In 2nd Half Of 2025

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    The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

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