Retail & E-Commerce

  • April 15, 2024

    Academics Push To Cut Investor Arbitration From Trade Deals

    Hundreds of law and economics professors have joined the chorus of calls on the left pressing U.S. President Joe Biden to snip investor-state dispute settlement provisions from existing trade deals, saying the legal mechanism privileges corporate entities over domestic citizens.

  • April 15, 2024

    Pet Food Brand Chicken Soup Says Supplier Hiked Costs

    A manufacturer that supplied the Chicken Soup for the Soul pet food brand bought ingredients from its own subsidiary, hiked prices and failed to deliver products, according to a response to the manufacturer's $3.1 million allegation that the name brand failed to pay for food already manufactured and sold to consumers.

  • April 15, 2024

    L'Occitane Privacy Suit Against Zimmerman Reed Trimmed

    A Los Angeles federal court is weighing ending a suit by L'Occitane against Zimmerman Reed LLP and thousands of clients who complained that the company's website tracking tools violated their online privacy, after denying a bid by defendants to compel arbitration and tossing a claim that Zimmerman Reed violated the Computer Fraud and Abuse Act.

  • April 15, 2024

    Apple Defends Anti-Steering Rule Compliance In Epic Case

    Apple told a California federal court it has fully complied with an order barring anti-steering rules in its App Store and said complaints from Epic Games, Microsoft and others about its compliance are just efforts by the companies to pad their own profits.

  • April 15, 2024

    Worldpay Sues Shuttered Retailer Over Refund Refusals

    Payment processor Worldpay LLC is requesting injunctive relief in Ohio federal court to alleviate the millions of dollars in losses it says it has incurred since home appliance retailer Pirch Inc. began refusing to honor its customers' credit card refund requests after halting operations abruptly in March.

  • April 15, 2024

    BowFlex's $37.5M Ch. 11 Asset Sale Gets Green Light

    A New Jersey bankruptcy judge on Monday approved fitness equipment maker BowFlex Inc.'s sale of assets to its stalking-horse bidder after canceling an auction, saying the company was accepting a fair offer.

  • April 15, 2024

    Photog Beefs Up Copyright Suit Over Barry Sanders Statue

    A photographer has added several new claims, including breach of contract, to his copyright lawsuit that accuses the Detroit Lions, the NFL and a host of other defendants of unlawfully using his photo to create a statue of legendary running back Barry Sanders.

  • April 15, 2024

    4th Circ. Affirms Timberland Boots' Trade Dress Bid Denial

    The Fourth Circuit decided Monday that a Virginia federal judge correctly denied trade dress registration for Timberland's Icon Boot, saying in a published opinion the lower court did not err in concluding the design elements the company wanted to register were ineligible because they had not acquired distinctive meaning in consumers' minds.

  • April 15, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware justices mulled whether one Chancery Court vice chancellor properly voided four company bylaws — just as another vice chancellor voided one more. Fights among Truth Social investors continued, and shareholders launched new cases involving Macy's, United Airlines, and Clayton Dubilier & Rice LLC and Stone Point Capital LLC.

  • April 15, 2024

    Ohio IP Firm Beats Appeal In $42K Billing Fight

    An Ohio state appeals court has left intact a nearly $42,000 judgment Amin Turocy & Watson LLP won in a billing dispute with a client, reasoning that the materials Just Funky provided to fight the firm's summary judgment bid lacked the necessary detail.

  • April 15, 2024

    Pharmacy, Courier Co. Settle Driver's Classification Suit

    A delivery driver and a CVS-owned pharmacy and a logistics and courier firm told an Illinois federal court that they have reached a settlement resolving claims that the company misclassified workers as independent contractors and paid them neither minimum nor overtime premium wages. 

  • April 15, 2024

    Dairy Co. Oberweis Hits Ch. 11 With Up To $50M In Debt

    Oberweis, a popular Illinois-based ice cream and dairy producer run by a former Republican state senator, has hit Chapter 11, disclosing it has as much as $50 million in liabilities.

  • April 15, 2024

    Justices Won't Nix FDA Labeling Preemption For State Claims

    The Supreme Court on Monday let stand lower court findings that the unique authority of the federal Food and Drug Administration preempted and, therefore, justified dismissing a proposed class action that alleged a Johnson & Johnson subsidiary broke Massachusetts law by misbranding Lactaid drug products as dietary supplements.

  • April 15, 2024

    Pain Patch Buyer Seeks Class Cert. In Kroger False Ad Suit

    A Chicago woman who accused The Kroger Co. of misleading consumers about the effectiveness of its over-the-counter lidocaine pain relief patches via the product's label has asked an Illinois federal judge to certify her proposed class of fellow Prairie State consumers who were purportedly duped by the grocer.

  • April 12, 2024

    Epic Wants Google Play Store Reforms After Antitrust Verdict

    Following Epic Games' jury win on antitrust claims related to the Google Play Store and Android apps, the "Fortnite" maker has asked a California federal judge to force Google to allow consumers to download apps from wherever they want and bar the tech giant from restricting in-app purchase options.

  • April 12, 2024

    Misconduct Doomed Dining Mat Patent Case, Fed. Circ. Rules

    The Federal Circuit on Friday upheld a decision that a maker of toddler dining mats torpedoed its patent case against a rival with "unconscionable" misconduct, and ordered a lower court to reconsider findings that the patent is invalid but not unenforceable.

  • April 12, 2024

    Petition Watch: Judge DQs, 'Excessive' Damages & Price Wars

    A former al-Qaida member has asked the U.S. Supreme Court to clarify disqualification protocol for judges overseeing a case related to their prior work as a government attorney, and energy drink manufacturers want the court to develop a modern-day test to determine if companies qualify as price-discrimination competitors. Here's four high court petitions filed recently that you might've missed.

  • April 12, 2024

    Mich. Township Wants Suit Over Foiled Pot Dispensary Tossed

    A Michigan township is urging a federal court to toss a lawsuit filed by a cannabis entrepreneur and local developers who claim the municipality's leaders blocked them from opening a marijuana dispensary, arguing the court lacks jurisdiction.

  • April 12, 2024

    Abbott Labs Gets Price Claims Tossed In Baby Formula MDL

    An Illinois federal judge on Friday threw out a suit from parents alleging that Abbott Laboratories benefited from increased prices during a shortage of baby formula kicked off when one of its facilities was shut down, saying they haven't shown that the company's profits during that time were unjustly retained.

  • April 12, 2024

    Bridal Designer Seeks Conversion Of JLM Couture To Ch. 7

    A bridal dress designer engaged in litigation with bankrupt dressmaker JLM Couture asked a Delaware court Friday to convert the company's insolvency case to a Chapter 7 liquidation, saying the costs of that ongoing litigation will drain estate resources to the point it won't be able to pay for the bankruptcy case.

  • April 12, 2024

    Bimbo Beats False Ad Suit Over 'All Butter' Entenmann's Cake

    Bimbo Bakeries defeated a proposed class action alleging its Entenmann's brand "All Butter" loaf cake is misleading to customers since the butter taste is partially sourced from artificial vanillin, after a Maryland federal judge said Friday the claims are preempted by the U.S. Food Drug and Cosmetic Act.

  • April 12, 2024

    Conn. Pot Opponents Can't Sue To Shut Down Legal Sales

    An alliance of Stamford, Connecticut, residents cannot sue the city's mayor and zoning board over the approval of local regulations that allow marijuana and cannabis-related businesses, a state court judge has ruled in dismissing a lawsuit that also sought to end legal sales statewide.

  • April 12, 2024

    Chubb Unit Must Contribute To Fatal Crash Deal, Lowe's Says

    A Chubb unit wrongly refused to contribute its $10 million policy limits to a settlement in a Texas state court suit over a crash involving a Lowe's employee that killed an infant and seriously injured the child's parents, the home improvement giant has told a North Carolina federal court.

  • April 12, 2024

    'Ghost Gun' Cos. Ink $1.3M Deal To End Philly's Safety Suit

    The city of Philadelphia filed a $1.3 million settlement agreement Friday with two companies that sold kits and parts for so-called "ghost guns," touting it as a victory in reducing the number of unregulated firearms in the region.

  • April 12, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen footwear brand Dr. Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim. Here, Law360 looks at these and other new claims in the U.K.

Expert Analysis

  • Ruling Signals Wave Of CIPA Litigation May Soon End

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    A California state court's recent ruling in Licea v. Hickory Farms, which rejects the argument that IP address tracking violates the California Invasion of Privacy Act's pen register provision, is likely to reduce or stop the slew of new cases filed against businesses for similar alleged violations, says Patricia Brum at Snell & Wilmer.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • UK Amazon Ruling Spotlights TM Rights In International Sales

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    Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.

  • 5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS

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    The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.

  • Handling Customer Complaints In Bank-Fintech Partnerships

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    As regulators mine consumer complaint databases for their next investigative targets, it is critical that fintech and bank partners adopt a well-defined and monitored process for ensuring proper complaint handling, including by demonstrating proficiency and following interagency guidance, say attorneys at Jenner & Block.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Fears About The End Of Chevron Deference Are Overblown

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    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Unpacking The Complicated Question Of CIPA's Applicability

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    As the number of California Invasion of Privacy Act cases increases, more and more companies with little-to-no California presence are being hauled into California court, raising questions of when CIPA applies and to whom, says Matthew Pearson at BakerHostetler.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Antitrust Ruling Shows Limits Of US Law's Global Reach

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    Antitrust plaintiffs often cite the legislative history of the Foreign Trade Antitrust Improvements Act to support application of U.S. antitrust law to alleged injuries abroad, but as a California federal court recognized recently in Figaro v. Apple, the cited history does no such thing, say Daniel Swanson and Eli Lazarus at Gibson Dunn.

  • What To Know About State-Level Health Data Privacy Laws

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    Companies that handle consumer health data, including those in the retail sector, should take a conservative approach when interpreting the scope of new health privacy laws in Washington, Nevada and Connecticut, which may include development of privacy notices, consent procedures, rights request response processes and processor contracts, say attorneys at Hunton.

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