Retail & E-Commerce

  • April 04, 2024

    Parents Deny Need For Defect In Amazon Suicide Suit

    Families accusing Amazon of negligently selling chemicals teens used in their suicides told the Ninth Circuit Wednesday that their suit should get another chance, arguing they did not have to show the lethal chemical was defective in order to prove Amazon's liability.

  • April 04, 2024

    Hawaii Cannabis Legalization Bill Dies In State House

    An effort to legalize adult-use marijuana in Hawaii is effectively dead for this legislative session after Democrats in the state House of Representatives announced they would not deliberate any further on a proposal that had already cleared the state Senate this year.

  • April 04, 2024

    Amazon Union Leaders Accused Of Blowing Up Election Deal

    An attorney for Amazon union reformers seeking to force officer elections slammed the current leadership Thursday for trying to blow up their New York federal court deal to hold a vote this summer, calling "absurd" a new argument that the deal disenfranchises members.

  • April 04, 2024

    Mattress Co. Can Redo Conspiracy Suit After 10th Circ. Trip

    A Utah federal judge has rejected arguments from leading mattress manufacturers that a competitor is too late to amend an antitrust lawsuit alleging the spread of false information, saying a Tenth Circuit appeal prevented the competitor from updating its claims sooner.

  • April 04, 2024

    Wash. AG Defends Authority To Block Kroger-Albertsons Deal

    The Washington Attorney General's Office has told a state court that a local consumer protection law allows it to bring actions challenging anti-competitive mergers and urged the court to reject contentions from Kroger and Albertsons that the state lacks authority to block a nationwide deal.

  • April 04, 2024

    NYC Sues 11 Vape Shops Over Sales Of Flavored E-Cigarettes

    The city of New York on Thursday sued 11 e-cigarette wholesalers, saying they're in violation of both city and federal regulations by selling disposable, flavored vapes, which the city said are responsible for a boom of youth vape use.

  • April 04, 2024

    Full 9th Circ. Won't Review PAGA Ruling In Lowe's Suit

    The full Ninth Circuit won't review a panel's decision ruling that a Lowe's worker's nonindividual claims under California's Private Attorneys General Act could stay in court while her individual claims go into arbitration, denying the company's bid to step in.

  • April 04, 2024

    Deals Rumor Mill: Alphabet, Honeywell, Syngenta IPO

    Google parent Alphabet is exploring whether to make an offer to acquire software company HubSpot; Chinese regulators encouraged pesticides giant Syngenta to pull its $9 billion IPO over concerns it could unsettle China's volatile market, and Honeywell wants to sell its personal protective equipment unit. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • April 03, 2024

    Calif. Privacy Rules Expected By July, Agency's Director Says

    The California Privacy Protection Agency is eyeing July for the launch of the formal process for finalizing its last batch of regulations under the state's landmark consumer privacy law, which include rules that would give consumers more control over private information that could be used by artificial intelligence, the agency's executive director said Wednesday. 

  • April 03, 2024

    Fla. Magistrate Nixes Recusal Bid In CBD Co. Securities Suit

    A Florida federal magistrate judge has shot down an effort to have her disqualified from a securities fraud case against a CBD company for remarks she allegedly made during a March settlement conference, saying the plaintiffs' arguments in favor of recusal were "legally insufficient" to establish bias.

  • April 03, 2024

    Apple Blasts Input From Microsoft, Meta, Others In Epic Case

    Apple asked a California federal judge Wednesday to reject attempts by Microsoft, Meta Platforms, Spotify and other major developers to insert themselves into Epic Games' argument that the iPhone maker is not complying with an order barring it from using anti-steering rules in the App Store.

  • April 03, 2024

    Fed. Circ. Wrestles With Crocs' 'Patented' Claim In False Ad Suit

    Efforts by footwear brand Crocs to fight allegations that its use of the word "patented" broke false advertising laws drew confusion from a Federal Circuit panel on Wednesday, spurring one judge to remark that "there's nothing novel" about the material used to make Crocs' shoes.

  • April 03, 2024

    China, Australia Make Deal To End Wine Duty Spat

    Australia has dropped its World Trade Organization case against China after Beijing agreed to end hefty tariffs on wine imports from Down Under, a notice circulated to the WTO's Dispute Settlement Body confirmed Wednesday.

  • April 03, 2024

    Nail Cos. Hammer Commerce's 'Death Penalty' Duties

    Importers and Taiwanese nail producers railed against U.S. Department of Commerce penalties in back-to-back Federal Circuit hearings Wednesday, arguing that the agency repeatedly slammed companies with duties amounting to a death sentence despite minimal or no wrongdoing.

  • April 03, 2024

    Arizona Newspaper Says Article Headline Isn't Libel

    An Arizona online publication has urged a Florida federal judge to toss a defamation suit filed by an online retail mogul, arguing the allegedly defamatory headline about the mogul's involvement in a possible murder-for-hire case is substantially accurate.

  • April 03, 2024

    Epoxy Cos. Say Unfair Trade Threatens Crucial Domestic Industry

    Epoxy resin producers have called on U.S. officials to investigate rivals in Asia for unfair trade practices, arguing Wednesday that an influx of allegedly undervalued imports is threatening the domestic supply of an item with automotive, electronic and defense applications.

  • April 03, 2024

    Cannabis Cos. Agree To Proposed Deal In Workers' Wage Suit

    A New Mexico federal judge has given preliminary approval to a $525,000 deal that would end a cannabis-employee-led lawsuit accusing dispensary owners of taking a large portion of tips meant for retail workers and giving them to store managers and supervisors.

  • April 03, 2024

    Pillsbury Adds BakerHostetler Data Privacy Duo In SF

    Pillsbury Winthrop Shaw Pittman LLP is growing its data security team, announcing Wednesday it is bringing in a pair of BakerHostetler data privacy and technology experts as partners in its San Francisco office.

  • April 03, 2024

    NFL Helmet Maker Riddell Receives $400M PE Investment

    NFL helmets maker Riddell Inc., advised by Lowenstein Sandler LLP, will get a $400 million infusion from King & Spalding LLP-led private equity firm BC Partners Credit, in an effort to advance the company's role in the game of football and put money in the pocket of current investors, the two announced Wednesday.

  • April 03, 2024

    1st Circ. Hints Trader Joe's Age Bias Case Fit For Jury

    A pair of First Circuit judges on Wednesday suggested that an 80-year-old former Trader Joe's employee should have gotten the chance to bring her age discrimination claims to trial after she was fired for buying beer for her underage grandson.

  • April 03, 2024

    1-800-Flowers Seeks $4.3M In Fees After Rival's IP Suit Failed

    After dispatching a trademark infringement lawsuit from Edible Arrangements last month, rival retailer 1-800-Flowers.com told a Georgia federal judge on Tuesday it should be entitled to up to $4.3 million attorney fees for being forced to defend against the "anemic" and "oppressive" litigation.

  • April 02, 2024

    Amazon Driver Took, Shared Pics of Actor's Home, Suit Says

    Actor Deon Cole sued Amazon in California state court alleging that one of its delivery drivers took photos of the inside of his home and shared them in a group chat while dropping off groceries, saying Amazon negligently and recklessly hired the driver.

  • April 02, 2024

    Bong Maker Says Texas Company Is Ripping Off Its Trademark

    A California-based bong maker says a Texas company used its registered trademarks on phony water pipes, telling a federal court Monday that the counterfeit marks leave customers confused and are causing the brand's reputation to go up in smoke.

  • April 02, 2024

    Jon Stewart Reveals Apple's Heavy Hand In Lina Khan Chat

    Federal Trade Commission Chair Lina Khan appeared on "The Daily Show" on Monday night for a wide-ranging conversation in which host Jon Stewart revealed that Apple wouldn't allow him to speak with her on a podcast related to his Apple TV+ show.

  • April 02, 2024

    Amazon App Users Win Class Cert. For BIPA Claims

    An Illinois federal judge has granted class certification to consumers who allege Amazon's virtual try-on technology violates the Prairie State's biometric privacy law.

Expert Analysis

  • New Strain Of Web Tracking Suits Pose Risks For Retailers

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    Amid an ongoing surge of California state and federal lawsuits that are using novel theories to allege companies used certain recording technologies to illegally track website users, retailers should take steps to develop a potential argument that customers consented to any alleged uses of these devices, say attorneys at Benesch.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Ex-OpenSea Staffer Case May Clarify When Info Is Property

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    In considering the appeal of a former OpenSea manager’s wire fraud conviction in U.S. v. Chastain, the Second Circuit may soon provide guidance about whether economic information is traditional property in certain insider trading prosecutions — a theory of fraud that the U.S. Supreme Court has repeatedly narrowed, say attorneys at Debevoise.

  • Unraveling The Bundled Benefits Of Retail Memberships

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    The recent prevalence of paid retail memberships and the associated findings of a consumer survey suggest that assessing consumer preferences and welfare may be important when considering resolution mechanisms in antitrust contexts, say Rosa M. Abrantes-Metz at Berkeley Research Group, Mame Maloney at The Brattle Group and Jeff Brazell at the University of Utah.

  • Opinion

    Stakeholder Amici Should Be Heard In Russian Trade Case

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    Although the U.S. Court of International Trade recently rejected U.S. Steel's amicus brief in NLMK Pennsylvania v. U.S., other industry stakeholders should seek to appear — and the court should allow it because additional perspectives will lead to a more informed ruling, say attorneys Jeffrey Shapiro and Michael Andrews.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • US Cos. Must Guard Against Russian Diversion Of Goods

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    Amid allegations that Russia is end-running trade sanctions through the diversion of otherwise innocuous, everyday goods, U.S. industry involved in the manufacture or distribution of electric products must step up its customer and partner due diligence to avoid unwittingly facilitating the weapons proliferation cycle, say attorneys at Arnold & Porter.

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • 10 Years Of Retail Battles: Unpacking Pricing Litigation Trends

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    A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • What Cos. Can Learn From 2023 Export Enforcement Report

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    A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.

  • How Consumer Product Cos. Can Keep Up With Class Actions

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    Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • OCC Guidance May Lead Off 'Buy Now, Pay Later' Regulations

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    The Office of the Comptroller of the Currency's bulletin released last month to assist national and federal savings banks with managing the risks posed by "buy now, pay later" lending may be the start of increased state legislation or guidance specifically aimed at regulating such loans, say Susan Seaman and Jacob Huston at Husch Blackwell.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

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