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Retail & E-Commerce

  • June 16, 2025

    Judge's Halt On Counterfeit Suits Has Brands Scrambling

    A Chicago federal judge has halted proceedings in dozens of lawsuits that group numerous online sellers in single complaints alleging counterfeiting, highlighting a widening skepticism over the litigation strategy in the judicial district where most of the so-called Schedule A cases are filed in the U.S.

  • June 16, 2025

    Apple Can't Duck Renewed ICloud Monopoly Suit

    A California federal judge refused Monday to dismiss a proposed class action accusing Apple of maintaining a monopoly by keeping "full-service" cloud storage functionality limited to its own iCloud service while barring third-party cloud storage from accessing all files on iPhones and iPads.

  • June 16, 2025

    Cannabis Regulators Association Names New Board Members

    The Cannabis Regulators Association, an international organization of government officials who oversee marijuana and hemp policy, on Monday announced its new executive board.

  • June 16, 2025

    Lowe's Faces Worker Class Claims Over Tobacco Surcharge

    Lowe's overcharges its employees for health insurance if they are tobacco users in violation of federal benefits law, according to a proposed class action filed Monday in North Carolina federal court.

  • June 16, 2025

    Brewer, Tequila Co. Settle 'Dragon's Milk' TM Fight

    A Michigan federal judge on Monday dismissed a trademark dispute between a brewing company and a tequila company that the brewer had sued over its "Dragon's Milk" name, after the parties reached a settlement.

  • June 16, 2025

    Joann Seeks Ch. 11 Block For Vendors' Ohio Suit

    Bankrupt fabric retailer Joann Inc. has asked a Delaware bankruptcy judge to block an Ohio state suit filed against seven top company officials by vendors who claim they were deceived into extending credit to the 80-year-old fabric retailer between its first and second retreat into Chapter 11.

  • June 16, 2025

    Hemp Farm Says $3.9M Seizure Suit Wasn't Filed Too Late

    A California hemp farm is urging a Tennessee federal court not to throw out its suit as untimely against a Tennessee sheriff's office over $3.9 million in hemp flower the farm claimed was wrongly seized and then destroyed, saying it only learned that the hemp was illegally seized at a hearing for the hemp deliveryman months afterward.

  • June 16, 2025

    Water Filter Co. Seeks Help Getting Clorox's Deleted Emails

    A water filtration company accusing Clorox Co. and its Brita brand of a "patent ambush" to corner the market on home water filters has told a Pennsylvania federal court it needs assistance obtaining emails Clorox purportedly admitted to getting rid of through an auto-delete policy.

  • June 16, 2025

    Weil Guides PE-Backed 365 Retail On $848M Cantaloupe Buy

    Michigan-based 365 Retail Markets, a provider of self-checkout retail technology and a portfolio company of Providence Equity Partners LLC, announced Monday it will acquire Pennsylvania-based Cantaloupe Inc. in an all-cash deal valued at about $848 million.

  • June 16, 2025

    AI Legal Tool Co. Allegedly Misuses Litigants' Names For Ads

    A group of litigants from California and Washington has filed a suit against legal technology firm UniCourt Research Inc. in federal court, alleging the company used details about their disparate case to promote its software subscription.

  • June 16, 2025

    Home Decor Retailer Blames Tariffs For New Ch. 11 Filing

    Household furnishing retail chain At Home Group Inc. filed for Chapter 11 protection Monday with just shy of $2 billion of debt, saying recent uncertainty over tariffs worsened its highly leveraged balance sheet and drove it into bankruptcy.

  • June 16, 2025

    Justices Deny Challenge To Copyright's 'Discovery Rule'

    The U.S. Supreme Court said Monday it will not revisit the so-called discovery rule, rejecting an appeal from a shoe designer who argued the justices needed to clarify whether it's appropriate to bring copyright claims outside the three-year statute of limitations.

  • June 13, 2025

    1st Amendment Shields MyPillow CEO From Claims, Jury Told

    Attorneys representing MyPillow CEO Mike Lindell in his defamation trial told a Colorado federal jury on Friday that their client's words are shielded by the First Amendment, urging the eight-person panel to ignore a former Dominion Voting Systems employee's attempts to confuse them.

  • June 13, 2025

    AbbVie Sues Colo. Over State Discount Drug Law

    AbbVie Inc. on Thursday filed suit in Colorado federal court seeking to block an incoming state law it alleges conflicts with the federal 340B drug discount program by forcing pharmaceutical manufacturers to sell drugs at steep discounts to commercial pharmacy chains like Walgreens and CVS.

  • June 13, 2025

    DOJ Reveals Criminal Antitrust Probe In Fragrance Market

    The U.S. Department of Justice said Friday it is investigating potential price-fixing in the fragrance industry and asked a New Jersey federal judge for permission to intervene in litigation accusing fragrance giants of conspiring to reduce competition, saying it needs to protect the criminal investigation.

  • June 13, 2025

    Stewart Releases Flood Of Discretionary Denial Decisions

    The acting U.S. Patent and Trademark Office director issued more than a dozen discretionary denial decisions on Thursday and Friday, where she ruled largely in favor of the challenger, made clear that challenges to young patents have a huge advantage and brought in a denial based on assignor estoppel.

  • June 13, 2025

    DOJ Says Google Still Won't Turn Over Ad Tech Breakup Docs

    The U.S. Department of Justice on Friday told the Virginia federal court overseeing its ad tech monopolization case against Google that the search giant is still withholding documents聽analyzing a potential breakup of its ad tech business despite an order last month requiring it to produce the material.聽

  • June 13, 2025

    Shein Faces Arbitration Push Over Paid Influencer Claims

    The Singapore-based owner of fast-fashion retailer Shein has told an Illinois federal judge that a proposed class of consumers must arbitrate their claims accusing the global e-commerce platform of trying to hide that it paid social media influencers to promote its products.

  • June 13, 2025

    Fund Manager Reindicted In $4M Insider Trading Case

    Federal prosecutors on Friday revived a $4 million insider trading case against a former Miami asset manager who previously dodged charges after a key witness backed out of testifying against him in 2022.

  • June 13, 2025

    FCC Urged To Clarify 'Quiet Hours' Call Restrictions

    A telemarketing trade group is continuing to push the Federal Communications Commission to rule that recipients of solicitations during the commission's designated "quiet hours" cannot sue if they previously consented to getting messages.

  • June 13, 2025

    Taxation With Representation: Debevoise, Latham, Paul Weiss

    In this week's Taxation With Representation, Brown & Brown Inc. buys Accession Risk Management Group Inc., Allison Transmission Holdings Inc. acquires Dana Inc.'s off-highway unit, Qualcomm Inc. buys Alphawave IP, and Warner Bros. Discovery announced it will split into two publicly traded companies.

  • June 13, 2025

    Hemp Vape Maker Wants Out Of Buyer's Delta-9 THC Suit

    The maker of hemp-based electronic cigarettes under the Cake brand is asking a California federal judge to throw out a buyer's claim that the products illegally exceed federal thresholds for delta-9 THC content, saying his vague complaint doesn't meet pleading standards.

  • June 12, 2025

    Google Again Asks To Trim Yelp's Antitrust Suit

    Google is once again asking a California federal judge to trim Yelp's case accusing it of monopolizing the local search market, arguing that the reworked complaint doesn't fix deficiencies the court pointed out in a dismissal order earlier this year.

  • June 12, 2025

    Neb. Accuses Temu Of 'Siphoning' User Data, Fueling IP Theft

    Chinese bargain-shopping app Temu is unlawfully gathering sensitive information from minors and other customers through secretly installed malware and is allowing intellectual property infringement to "thrive" on its platform, Nebraska's attorney general alleged in a sweeping new lawsuit.聽

  • June 12, 2025

    Volkswagen Beats SUV Owner's Out-Of-Warranty Defect Suit

    An Alabama federal judge on Wednesday tossed a Volkswagen owner's putative class action accusing the automaker of refusing to cover her allegedly defective SUV under warranty, saying the driver sought repairs outside of warranty limits and failed to show that the vehicle was so unsafe that it was defective.

Expert Analysis

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have 鈥渇led鈥 Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • 5 Advertising Law Trends To Watch In 2025

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    Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • Best Practices To Find Del. Earnout Provisions That Hold Up

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    Recent Delaware earnout litigation illustrates the need for careful drafting and proactive planning to avoid later divergent interpretations of the signed contract, and a series of drafting tips can help, say attorneys at Cozen O'Connor.

  • NY Plastic Pollution Verdict May Not Bode Well For Other Suits

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    The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.

  • Preparing For Mexican Drug Cartels' Terrorist Designation

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    In the event President-elect Donald Trump designates Mexican drug cartels as foreign terrorist organizations, businesses will need to consider how their particular industry is affected and evaluate previously legitimate practices given the cartels' involvement so many sectors of the economy, say attorneys at King & Spalding.

  • Penn State Brand Case Leaves Ornamentality Unresolved

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    While the recent jury verdict in Penn State University v. Vintage Brand was a win for the college and brands, legal practitioners should expect plenty of litigation around unaddressed ornamentality issues of whether marks that are not yet incontestable can be canceled for being used solely in decorative, non-source-identifying ways, say attorneys at Debevoise.

  • Series

    Illinois Banking Brief: All The Notable Legal Updates In Q4

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    While the last quarter of 2024 didn't bring any notable state financial legislation, Illinois banks did see developments in the challenge to the Interchange Fee Prohibition Act, and received some awaited guidance on credit line disclosures and bank-fintech relationships, say attorneys at Dykema.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • How Trump 2.0 May Change Business In Latin America

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    Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • When Judging Product Label Claims, Follow The Asterisk

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    A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label 鈥 but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.

  • Complying With Seasonal Product Labeling Requirements

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    Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.

  • 2 Cases May Enlighten UK Funds' Securities Litigation Path

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    Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor鈥檚 teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

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