Retail & E-Commerce

  • March 29, 2024

    Dem Cites 'Secret' Report Against Ticketmaster 'Rebates'

    A major congressional critic of Live Nation Entertainment Inc. and Ticketmaster highlighted an expert report from a long-running lawsuit as further proof of the ticketing juggernauts' "rampant, corrupt and abusive practices," although assertions that the report was secret and only newly unearthed may be overblown.

  • March 29, 2024

    'Antiquated' Doctrine Can't Cut Burford Unit From Turkey Suit

    An Illinois federal judge has refused to block a Burford Capital investment unit from pursuing price-fixing allegations in a consolidated case against major turkey producers, saying federal law largely no longer recognizes the "antiquated" doctrine the producers cited to invalidate the claim.

  • March 29, 2024

    Trojan Battery Co. Gets $2.6M Win In TM Row

    A Texas federal judge has sided with Trojan Battery Co. in its trademark infringement and unfair competition case against Trojan EV LLC and Golf Carts of Cypress LLC, ordering a permanent injunction and an award of millions of dollars.

  • March 29, 2024

    Attys Dodge Sanctions Over Microsoft Word Error, Judge Rules

    An error in an attorney's Microsoft Word settings made sanctions against two firms for filing oversized briefs while representing High 5 Games in a consumer protection class action unnecessary, a Washington federal judge ruled Thursday.

  • March 29, 2024

    Lowe's Lies 'Destroyed' Vendor's Business, NC Suit Says

    A home accents company alleged that Lowe's sought to "destroy" it with "bogus" complaints about product quality and the business' financial health, costing it tens of millions of dollars while usurping its business model.

  • March 29, 2024

    Klehr Harrison Exits Athlete-Poaching Claims, Citing Conflict

    Klehr Harrison Harvey Branzburg LLP has ended its representation of sports memorabilia brokers ensnared in two sports agencies' battle in Pennsylvania federal court over a contract with former Detroit Lions wide receiver Kenny Golladay, citing concerns about an unspecified conflict of interest.

  • March 29, 2024

    Ferrosilicon Cos. Accuse Russia, 3 Others Of Unfair Trade

    Two American ferrosilicon producers called for anti-dumping and countervailing duties on rival products from Russia and three other countries, which they said were underselling domestic ferrosilicon by unfair margins in the U.S. market.

  • March 29, 2024

    Lawmakers Call For Robinson-Patman Act Revival

    A group of lawmakers is urging the Federal Trade Commission to reinvigorate enforcement of the Robinson-Patman Act, a Roosevelt-era wholesale pricing statute that fell out of use in the 1970s, to help small businesses and stem the power of dominant grocery chains.

  • March 29, 2024

    Don't Miss It: Davis Polk, Simpson Lead Month's Hot Deals

    A lot can happen in the world of mergers and acquisitions over the course of a month, and it's difficult to keep up with all the deals. Here, Law360 recaps the ones you may have missed, including transactions managed by Davis Polk & Wardwell LLP and Simpson Thacher & Bartlett LLP.

  • March 28, 2024

    Judge Doubts NBA NFT Licensors Belong In Meta Privacy Suit

    The developer of non-fungible token marketplace NBA Top Shot must face a proposed class action claiming it violated state and federal laws aimed at protecting video consumers, with the National Basketball Players Association and NBA Properties Inc., which handles the NBA's merchandising and licensing, escaping the suit for now.

  • March 28, 2024

    NY Garment Co. Appeals Valentino's Award In Copyright Feud

    A garment manufacturer has asked a New York federal court to hold off on enforcing Valentino SpA's arbitral award for costs related to a copyright case, saying it is a small company and will be ruined if the Italian luxury brand collects its money while an appeal remains pending.

  • March 28, 2024

    Va. Gov., Critic Of Legal Pot, Vetoes Bill To Begin Sales

    Glenn Youngkin, the Republican governor of Virginia, on Thursday vetoed a Legislature-approved bill that would have taxed and regulated the sale of adult-use cannabis, saying marijuana sales would pose a public health and safety risk to Virginians.

  • March 28, 2024

    NLRB Gets 1st Backing Of Starbucks Order In Circuit Court

    A split D.C. Circuit panel on Thursday enforced a National Labor Relations Board order finding Starbucks violated federal labor law by barring a worker from passing out union pins, marking the first time a federal appeals court has weighed in on a board decision against the coffee giant.

  • March 28, 2024

    ITC Judge Recommends General Exclusion In Wallet IP Case

    A U.S. International Trade Commission judge has found that a pair of Chinese companies flouted U.S. law by importing certain types of wallets, saying the imports should be banned.

  • March 28, 2024

    Judge Rejects Amazon's Bid To 'Backpedal' In BIPA Suit

    A Delaware federal judge will allow more plaintiffs to join a proposed class action accusing Amazon of violating Illinois' Biometric Information Privacy Act by collecting their voice data during calls to a financial services provider without consent, overriding the tech giant's apparent attempt to backtrack on standing concerns by instead seeking summary judgment.

  • March 28, 2024

    Chancery Tosses Mixmax Derivative Suit

    A stockholder who filed a derivative suit against two Mixmax Inc. directors without first notifying the company's board has failed to prove that a majority of the board was too compromised to respond to the shareholder's concerns, so the lawsuit must be dismissed, a Delaware Chancery Court judge ruled.

  • March 28, 2024

    Fitness Firm Wants TTAB To Ax Mountain Bike Co.'s TMs

    Workout products company Rogue Fitness has urged an Ohio federal judge to make the U.S. Patent and Trademark Office cancel a mountain bike seller's registration for its "Rogue Ridge" mark, arguing the USPTO's internal appeals board wrongly refused to do so when the fitness company objected.

  • March 28, 2024

    Claims Trimmed In Trader Joe's Chocolate Heavy Metals Suit

    A California judge has dismissed five out of nine claims in a consolidated complaint alleging that Trader Joe's Co. misled consumers by failing to disclose that its dark chocolate bars contain heavy metals, finding that the complaint doesn't do enough to allege that the amounts are actually dangerous.

  • March 28, 2024

    Adidas Defeats Hockey Fan's Red Wings Jersey Suit

    A Michigan federal judge on Wednesday tossed a hockey fan's lawsuit alleging Adidas misled customers into thinking its retail Red Wings jerseys were identical to the in-game uniforms, saying the customer couldn't point to any such promise from the sportswear company.

  • March 28, 2024

    Faruqi & Faruqi Beats 5 Firms To Lead NewAge Investor Suit

    A Colorado district judge has selected two clients of Faruqi & Faruqi LLP to lead an investor class action accusing the executives and directors of wellness company NewAge Inc. of securities fraud, saying the plaintiff with an even bigger financial interest is unfit for appointment because he hid his "troubling" background.

  • March 28, 2024

    Walmart Gives Enforcers More Time On $2.3B Vizio Deal Probe

    Walmart is giving the U.S. Department of Justice and Federal Trade Commission more time to complete their initial review of the retail giant's plan to boost its advertising business through the $2.3 billion purchase of smart television maker Vizio.

  • March 28, 2024

    Deals Rumor Mill: WeWork, Reading FC, Pet Food Co.

    Ex-WeWork CEO Adam Neumann looks to buy the company back, Chiron Sports Group is in talks to buy Reading Football Club, and the private equity firms Advent and CVC eye a pet food company. Here, Law360 breaks down the notable deal rumors from the past week.

  • March 28, 2024

    NBA Pro Antetokounmpo Lays Suit Against Bed-Maker To Rest

    NBA superstar Giannis Antetokounmpo has dropped his Wisconsin federal court lawsuit against luxury bed-maker Maree Inc., which he had accused of fraudulently scheming to mislead customers into thinking he had endorsed its products when he had not.

  • March 28, 2024

    Reynolds Falsely Hypes Foil As 'Made In USA,' Suit Says

    Reynolds Wrap misleadingly claims its aluminum is made in the United States although a significant amount of aluminum production takes place elsewhere, and none of the bauxite ore used to make it is mined in the U.S., according to a proposed class action filed in New York federal court.

  • March 28, 2024

    Auto Parts Mogul Must Face Lender's $127M Trust Fraud Suit

    An auto parts mogul must face allegations that he tampered with assets in a trust that owes hundreds of millions of dollars to a lending agent, a Michigan federal judge said this week after ruling the lender has plausibly alleged the mogul made fraudulent transfers to hinder the debt repayment.

Expert Analysis

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Key Issues When Navigating A Tenant's Bankruptcy

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    In light of recent Chapter 11 filings by Rite Aid and WeWork — companies with thousands of commercial leases — practitioners should review issues that can arise when bankruptcy is used to exit a lease, including the consequences of lease rejection and the statutory cap on landlord damage claims for a rejected lease, say attorneys at Proskauer.

  • 5 Securities Litigation Issues To Watch In 2024

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    There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.

  • Breaking Down The New FCC Lead Generation Rules

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    The Federal Communications Commission's new rules to close the so-called lead generator robocall and robotexts loophole herald a transformative halt to the traditional lead generation industry, necessitating the development of entirely new marketplace solutions to align with the impending compliance requirements, says Alexis Buese at Bradley Arant.

  • Cannabis Banking Bill Uncertainty May Actually Be A Blessing

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    The passage of a cannabis banking law is alluring, but little will be lost if the Secure and Fair Enforcement Regulation Banking Act — facing stiff competition from other congressional priorities — gets tabled because the bill ultimately does little to meaningfully propel the industry toward full legalization, says Michael Rosenblum at Thompson Coburn.

  • Series

    ESG Around The World: South Africa

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    While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.

  • Lessons In Navigating Collateral Estoppel Of Similar Patents

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    The Patent Trial and Appeal Board's recent holding in Google v. Parus that rehearing was appropriate under collateral estoppel illustrates best arguments in inter partes review for any issue that could arise in a later proceeding, including dependent claim limitations, say attorneys at Akin.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • FTC Rite Aid Order Holds Biometrics And AI Compliance Tips

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    The Federal Trade Commission's recent enforcement action against Rite Aid over its use of facial biometric technology on customers provides lessons that can be leveraged to reduce and manage the risk of regulatory scrutiny of biometrics and artificial intelligence, says David Oberly at Baker Donelson.

  • 2 Cases Highlight NJ Cannabis Employment Law Uncertainties

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    More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.

  • Fed. Circ. Patent Decisions In 2023: An Empirical Review

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    The Federal Circuit decided 306 patent cases last year, which is still well down from the pre-pandemic norm of around 440, and on the whole the court's decisions were markedly less patentee-friendly in 2023 than in 2022, says Dan Bagatell at Perkins Coie.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Shopify Ruling May Support Personal-Jurisdiction Defenses

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    Litigators, cybersecurity practitioners and web-based entities should all take note of the Ninth Circuit’s recent ruling in Briskin v. Shopify, as it could lend significant support to personal-jurisdiction defenses, but such entities should still consider how their operations might tie them to certain states, say John Gray and Patrick McCormick at Lewis Roca.

  • 6 AI Cases And What They Mean For Copyright Law

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    Artificial intelligence cases filed last year, some decided and others pending, demonstrate how the appellate courts that set binding precedent look at the intersection between copyright and AI, so legal frameworks must adapt and provide clarity in order to foster innovation, protect creators, and ensure fair and equitable outcomes, say attorneys at Crowell & Moring.

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