Retail & E-Commerce

  • May 16, 2024

    Albertsons Sued Over 'Naturally Flavored' Fruit Bar Labels

    Albertsons Cos. Inc. was hit with a proposed class action Wednesday in California federal court by a shopper who alleges the grocer falsely labels its breakfast cereal bars as containing natural flavors even though they're made with artificial ingredients derived from petrochemicals.

  • May 16, 2024

    FTC Can't Make Albertsons, Kroger Produce Divestiture Docs

    An administrative law judge on Thursday denied the Federal Trade Commission's "premature" bid to compel Kroger and Albertsons to fork over documents related to negotiations for the companies' expanded divestiture plan amid the commission's in-house challenge to the grocers' merger.

  • May 16, 2024

    BIC Hit With Class Action Over PFAS-Containing Razors

    The makers of BIC razors intentionally use so-called forever chemicals in several of their products but failed to mention that to customers, who say they wouldn't have bought the razors if they'd known they were exposing themselves to toxic chemicals.

  • May 16, 2024

    Judge Irked By 'Smart' Attys And 'Silly' Doc Retention Policies

    The chief judge of the U.S. Court of International Trade scolded Chinese tire companies on Thursday for complaining about having to provide information the federal government requested to reassess antidumping duties after the companies won an order for that reassessment.

  • May 16, 2024

    Disinfectant Maker To Pay $1.2M To Exit Abandoned-Product Suit

    The peddler of a disinfectant that stands accused of working with Walmart to abandon millions of units of product made from unregistered chemicals, which is illegal to sell and difficult to dispose of, on two unwitting warehouse companies has reached a settlement to end a $30 million lawsuit.

  • May 16, 2024

    Carhartt Heiress's Atty Stole Millions, Jury Told

    A jury trial kicked off Thursday in a case against a Michigan lawyer accused of embezzling millions of dollars from trusts belonging to the granddaughter of Carhartt Inc.'s founder, with one of her financial managers testifying that the attorney made loans to himself without permission.

  • May 16, 2024

    Funko Beats Investor Suit Over Warehouse Move For Now

    Toy company Funko Inc. on Thursday beat a proposed investor class action alleging it failed to disclose accurate information about problems relocating a distribution center and updating critical software, with a Washington federal judge saying the investors have failed to prove the company's statements were false or misleading, among other things.

  • May 16, 2024

    Trade Court OKs Commerce's Cambodian Mattress Duties

    The U.S. Court of International Trade on Thursday blessed the U.S. Department of Commerce's revised anti-dumping duty calculations for Cambodia-origin mattresses, saying Commerce provided better explanations a second time around including for why it used an Indian company's financial statements.

  • May 16, 2024

    Deals Rumor Mill: Shein IPO, Kraft Heinz, Cinven-Jaggaer

    Online fashion giant Shein is shifting IPO plans from the U.S. to London amid resistance from U.S. lawmakers and Chinese regulators, Kraft Heinz wants to sell its Oscar Mayer business, and private equity firm Cinven hopes to divest software firm Jaggaer for $3 billion. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • May 16, 2024

    Prosecutors Say Fake Fortune 500 Workers Funded N. Korea

    The Biden administration alleged that North Korea may have raised $6.8 million to develop nuclear weapons by installing remote information technology workers at Fortune 500 businesses, announcing charges Thursday against two individuals accused of helping agents pose as U.S. employees.

  • May 16, 2024

    Viacom Sues Apparel Co. Over 'TMNT,' 'Avatar' Products

    Viacom International Inc. accused an apparel and toys company in New York federal court of profiting off products that infringe its trademarks for "Teenage Mutant Ninja Turtles" and "Avatar: The Last Airbender," among other intellectual properties.

  • May 16, 2024

    Rue21 Seeks To Reject 51 Leases As Stores Close

    Bankrupt teen retailer rue21 has asked a Delaware bankruptcy court for approval to reject its leases at 51 store locations where going-out-of-business sales have already wrapped up or aren't planned, saying the move would represent "a significant cost savings" to the bankruptcy estate.

  • May 16, 2024

    Apple Exec Must Produce All Docs On 27% App Fee Decision

    A California federal judge presiding over a high-stakes antitrust hearing over Apple's compliance with a court-ordered ban on App Store anti-steering rules ordered a company executive Thursday to hand over all of his communications and notes on Apple's decision to impose a new 27% fee after her injunction.

  • May 16, 2024

    Gilead, Teva Want 17 HIV Drug Antitrust Appeals Consolidated

    Gilead Sciences Inc. and Teva Pharmaceuticals are asking the Ninth Circuit to consolidate 17 appeals contesting their win in a case alleging they delayed generic versions of HIV medications, saying the three groups of buyers are raising largely the same issues but refuse to commit to combining their briefs.

  • May 16, 2024

    Pa. Pot Co. Says No Deal To Breach In Growth IP Suit

    A Pennsylvania cannabis cultivator is asking a federal court to dismiss a suit claiming it broke an oral agreement with a consulting firm and continued to use the firm's trade secrets, saying no oral contract existed, nor was the firm's information trade secrets.

  • May 16, 2024

    Biden Admin Proposes To Loosen Restrictions On Marijuana

    President Joe Biden on Thursday announced that his administration has formally recommended relaxing restrictions on marijuana, marking the most significant federal policy shift on cannabis since the drug was criminalized more than 50 years ago.

  • May 16, 2024

    Weighted Baby Swaddle 'Inherently Dangerous,' Suit Alleges

    A Massachusetts company has been hit with a proposed class action over its allegedly "inherently dangerous" weighted baby blankets and swaddling wraps, a product category suspected in multiple infant deaths and under investigation by the Consumer Product Safety Commission.

  • May 16, 2024

    Nordstrom Settles Patagonia's Suit Over Alleged Counterfeits

    Patagonia has agreed to toss its trademark lawsuit accusing Nordstrom's Nordstrom Rack discount stores of selling thousands of "obvious counterfeits" after their partnership ended and then refusing to issue a recall on the products once Patagonia complained.

  • May 16, 2024

    Olo Investor Sues In Chancery To Stop Raine Group Takeover

    A shareholder in New York online food-ordering company Olo Inc. sued its officers, directors and largest stockholder in Delaware's Court of Chancery on Wednesday, alleging the board had approved a stock buyback program that would hand control of the company to its largest shareholder for no consideration.

  • May 15, 2024

    Arizona AG Lobs Suits Over 'Deceptive' Amazon Practices

    Arizona Attorney General Kris Mayes on Wednesday filed a pair of suits claiming that Amazon Prime's cancellation process and other features are deceptive, misleading and have led to higher prices for consumers.

  • May 15, 2024

    'Law And Order' Star Sues Instacart Over Dog's Shooting

    "Law & Order" actor Angie Harmon has filed a lawsuit against Instacart and a delivery driver who she claims shot and killed her dog while delivering groceries to her home, according to the complaint lodged in North Carolina state court.

  • May 15, 2024

    DocuSign Investors Near Cert. In Post-COVID Prospects Fight

    A California federal judge told counsel Wednesday he's inclined to certify a class of investors who allege DocuSign and its top brass misled investors about the e-signature company's post-pandemic growth prospects, saying DocuSign's challenges to the class-wide damages model seem premature, and the investors easily meet other class certification requirements.

  • May 15, 2024

    Calif. Atty Tells 4th Circ. Dormant Commerce Applies To Pot

    A California lawyer who has filed lawsuits challenging state and local cannabis licensure programs spearheaded an appeal at the Fourth Circuit asking it to find that the dormant commerce clause of the U.S. Constitution applies to federally illegal marijuana.

  • May 15, 2024

    Bolt Financial Cancels $37M In Shares To End CEO Loan Suit

    Bolt Financial Inc. will cancel over $37 million in shares to settle a derivative suit against the company's board of directors that accuses its former CEO of purposely defaulting on a $30 million loan, according to a filing in Delaware's Court of Chancery.

  • May 15, 2024

    2nd Circ. Calls Starbucks' Union Discovery Order 'Overbroad'

    The Second Circuit on Wednesday revived the National Labor Relations Board's suit seeking to halt Starbucks' alleged labor violations nationwide, finding that the lower court erred in tossing the suit for noncompliance with its "overbroad" discovery order granting the coffee chain's subpoenas seeking confidential union intel and workers' communications.

Expert Analysis

  • A Rainbow Of Lessons From Fruity Pebbles' TTAB Loss

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    The Trademark Trial and Appeal Board’s January decision to deny Post Foods' bid to register a trademark on its Fruity Pebbles cereal brand underscores the importance of the interplay among mark description, mark drawing and goods identification when seeking protection for trade dress, say Troy Viger and Jenevieve Maerker at Finnegan.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Md. May See Vigorous Resale Price Maintenance Enforcement

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    In Maryland, indications of a new focus on resale price maintenance agreements are significant because state prosecution in this area has been rare, particularly outside California, say attorneys at DLA Piper.

  • CSA Case Could Shift Intrastate Commercial Cannabis

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    In Canna Provisions v. Merrick Garland, cannabis companies argue that the Controlled Substances Act is unconstitutional as applied to intrastate commercial cannabis activity; the Massachusetts federal court's eventual decision will be important to the cannabis industry for several reasons, including that the threat of federal enforcement would disappear overnight, says Hilary Bricken at Husch Blackwell.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • Tips On Numerical Range From Fed. Circ. Philip Morris Ruling

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    The Federal Circuit's recent RAI v. Philip Morris decision that a patent provided sufficient written description to support a claimed numerical range offers several takeaways for practitioners, including the need for a cautious approach to criticism of ranges, say attorneys at BCLP.

  • Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness

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    The Federal Circuit’s recent ruling in Maxwell v. Amperex Technology highlights the complexities of construing patent claims when seemingly contradictory limitations are present, and that when a narrowing limitation overrides a broader one, they do not necessarily contradict each other, says Roy Wepner at Kaplan Breyer.

  • Legal Considerations For Circular Economy Strategies

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    As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.

  • 11th Circ. FMLA Ruling Deepens Divide Over Causation

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    The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.

  • 2nd Circ.'s Nine West Ruling Clarifies Safe Harbor Confusion

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    The Second Circuit’s recent ruling in Nine West’s Chapter 11 suit clarifies that courts in the circuit will apply a transfer-by-transfer analysis to determine the applicability of Section 546(e) of the Bankruptcy Code, and that to be safe harbored, a financial institution must act as an agent with respect to the specific transfer at issue, says Leonardo Trivigno at Carter Ledyard.

  • Enforcement Risk Amid Increased Consumer Data Use

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    While no state has introduced a private right of action for noncompliance with a comprehensive consumer privacy law — except for the California Consumer Privacy Act's data breach provision — organizations and retailers face risk from enforcement actions by state attorneys general and privacy regulators, say attorneys at Dentons.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

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