Retail & E-Commerce

  • February 15, 2024

    Instant Brands May Have Rights Against Supplier, Judge Says

    A Texas bankruptcy judge issued a tentative ruling that could favor appliance and housewares maker Instant Brands in its dispute with a supplier objecting to the Chapter 11 plan's treatment of indemnification claims.

  • February 15, 2024

    Marketing Co. Asks Justices To Hear 'Impossible' TM Row

    Illinois-based marketing consulting firm Impossible X LLC has asked the U.S. Supreme Court to review a decision from a divided Ninth Circuit that revived plant-based burger maker Impossible Foods Inc.'s trademark lawsuit against it.

  • February 15, 2024

    No Coverage For Pandemic Losses, NY Top Court Rules

    A Texas-based restaurant operator isn't entitled to insurance coverage for its pandemic losses, New York's top court ruled Thursday, saying the operator didn't allege the kind of physical loss or damage required for coverage.

  • February 15, 2024

    Colo. Consumer Protection Claims Can Live Sans Class

    A Colorado appellate panel concluded Thursday that a plaintiff who asserts a class claim under the Colorado Consumer Protection Act but does not secure class certification can still pursue an individual claim.

  • February 15, 2024

    What Rescheduling Pot Would Mean For Criminal Justice Reform

    While federal drug enforcers mull a recommendation from health regulators to loosen restrictions on marijuana, criminal justice reformers are warning that rescheduling the drug would not realize President Joe Biden's campaign promise to decriminalize marijuana.

  • February 15, 2024

    Biggest Tiremakers Sued Over Alleged Price-Fixing

    An Illinois tire buyer is piggy-backing off last month's European Commission raids of tire manufacturers in a new class action, alleging that the biggest players in the industry have been colluding to artificially inflate new replacement tire prices in the wake of the COVID-19 pandemic.

  • February 15, 2024

    Fla. Couple Get 57 Mos. For Evading $42M In Plywood Duties

    A Florida couple were sentenced to nearly five years in prison each after confessing to disguising the Chinese origin of millions of dollars' worth of plywood imports to avoid paying $42 million in import tariffs.

  • February 15, 2024

    Vaughan Baio Adds 3 Partners And 2 Offices In NY, NJ

    Philadelphia-based midsized firm Vaughan Baio & Partners expanded its footprint and resources this month with the addition of three partners and the opening of two offices in New York and New Jersey.

  • February 15, 2024

    Ex-Beauty Store Worker Says Boss's Tirade Was Bias

    A former beauty supply store worker is suing her ex-employer in Florida federal court, alleging she was discriminated against and wrongfully terminated following a tirade by her supervisor over a memory loss disability, and says the business could owe $482,000 in back pay despite her working there for only a month.

  • February 15, 2024

    8 Men Get Jail Time In $2M Hemp Wine Pump-And-Dump Ploy

    Ohio federal prosecutors have announced the convictions of eight men charged with participating in a pump-and-dump scheme meant to boost the Global Resource Energy Inc. stock price, which purportedly planned to offer hemp-infused wine.

  • February 15, 2024

    Deals Rumor Mill: Sony-Michael Jackson, Inspire IPO, Walmart

    Sony plans to acquire half of Michael Jackson's catalog; private equity firm Roark Capital is planning to list Inspire Brands, which owns Dunkin' and other food chains; and Walmart is pursuing an acquisition of TV maker Vizio. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • February 15, 2024

    Appliance Parts Co. Robertshaw Hits Ch. 11 With $833M Debt

    Illinois-based appliance part maker Robertshaw filed for Chapter 11 protection in a Texas bankruptcy court Thursday with nearly $833 million in debt and a purchase offer from a lender group.

  • February 14, 2024

    'Stupid' To Grant Baby Food Mass Tort Fees Now, Judge Says

    A California judge said Wednesday that he thinks it is "stupid" to grant food companies, including Walmart, more than $600,000 in legal costs following their win in a lawsuit alleging a child's autism was caused by heavy metals in baby food, but it is unclear what the law requires.

  • February 14, 2024

    Visa Says $5B Swipe Fee Deal Blocks Intuit, Square Claims

    Visa and Mastercard have asked a New York federal court to throw out antitrust claims brought by Intuit and Square, arguing that their claims were released as part of the $5.6 billion class action settlement the credit card companies finalized with merchants last year.

  • February 14, 2024

    Apple Unit Must Face Revived Bias And Retaliation Claims

    An Apple software subsidiary must face a former employee's gender discrimination and retaliation claims, a California appellate panel ruled on Tuesday, saying there is substantial evidence of discrimination toward the employee that raises a triable issue related to why she left the company.

  • February 14, 2024

    American Airlines Settles Ticketing Row With Travel Website

    American Airlines Inc. told a Texas federal court Tuesday that it has settled its lawsuit claiming that Kiwi.com sold the airline's tickets and displayed American's trademarks and copyright-protected flight symbol without permission.

  • February 14, 2024

    Alcon Can't Dodge Suit Over Eye Drops' '30 Day Supply' Claim

    Alcon Laboratories can't escape a proposed class action alleging it falsely claims that its Pataday eye drops have a "30 Day Supply," after a New York federal judge said Wednesday that reasonable consumers could understand the label as assuring that the product, if used as directed, would last 30 days.

  • February 14, 2024

    FinCEN Head Vows No 'Gotcha' Enforcement Of New Rules

    The director of the U.S. Treasury Department's Financial Crimes Enforcement Network said during a Wednesday congressional hearing that the agency is not pursuing "gotcha" enforcement when it comes to companies complying with new rules for reporting their beneficial ownership information.

  • February 14, 2024

    Google Again Targets 'Strategic' Texas AGs' Ad Tech Delays

    Google is hoping a newly appointed special master can finally force a coalition of state attorneys general led by Texas to hand over "fundamental information" it said Tuesday has long been improperly withheld from one of three cases targeting its dominance over display advertising placement auction technology.

  • February 14, 2024

    'Besieged' Melamine Biz Calls For Tariffs On 6 Countries

    A Louisiana chemical company saying it's "besieged" by foreign competition pressed U.S. trade officials Wednesday to investigate imports of a plastic compound, alleging that producers from six countries were using unfair trade practices to squeeze it out.

  • February 14, 2024

    Phone-Maker Says T-Mobile Can't Hang Up On $100M Suit

    A mobile phone manufacturer suing T-Mobile over a canceled order for nearly 500,000 devices told a Washington federal judge the telecommunications giant is now seeking to escape $100 million in damages by leaning on an unsigned contractual provision.

  • February 14, 2024

    Breach Of Contract Claims Trimmed In $30M GameStop Suit

    A Delaware federal court dropped some allegations related to the breach of contract claims against GameStop in a $30 million fee dispute, saying the plaintiff, Boston Consulting Group, has not pled a viable claim in some instances despite having three chances to do so.

  • February 14, 2024

    Colo. Wants To Stop $24B Kroger Merger, 'No Poach' Deal

    Colorado's attorney general on Wednesday sued to block a proposed $24.6 billion merger between Kroger and Albertsons, alleging in a state court complaint that the deal between the state's two largest grocery chains would result in a virtual monopoly in some regions and harm consumers and workers.

  • February 14, 2024

    Bed Bath & Beyond Execs Given Access To $10M In Insurance

    An insurer for bankrupt housewares retailer Bed Bath & Beyond will cover up to $10 million in legal costs incurred by company executives who were subpoenaed or named as defendants in litigation connected to the store, a New Jersey bankruptcy court said.

  • February 14, 2024

    French-Door Fridge Buyers Sue Whirlpool Over Broken Panels

    Refrigerator buyers claim Whirlpool Corp. designed its french-door fridges in such a way that causes the front-facing ice and water control panel to become totally useless, often resulting in an expensive repair or the consumer buying a new one, according to a complaint filed in Delaware federal court.

Expert Analysis

  • Vagueness In Calif. Climate Law Makes Compliance Tricky

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    California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Opinion

    Nebraska Should Abandon Proposed Digital Ad Tax

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    If passed, Nebraska’s recently proposed Advertising Services Tax Act, which would finance property tax relief by imposing a 7.5% gross revenue tax on advertising services, would cause a politically risky shift of tax burdens from landowners to local businesses and consumers, and would most certainly face litigation, say attorneys at McDermott.

  • What Retailers Should Note In Calif. Web Tracking Suits

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    As retailers face a deluge of class actions alleging the use of conventional web analytic tools violate wiretapping and eavesdropping provisions of the California Invasion of Privacy Act, uncovering the path toward a narrow interpretation of the law will largely depend on how these cases proceed, say Matthew Pearson and Kareem Salem at BakerHostetler.

  • Chancery's Sears Ruling Clarifies Stockholder Duties

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    In a recent landmark decision involving stockholders of Sears Hometown and Outlet Stores, the Delaware Chancery Court addressed for the first time what precise duties a controlling stockholder owes, highlighting that controller interference with board action is not per se invalid and that enhanced scrutiny is a reasonableness test, say Christopher Chuff and Taylor Bartholomew at Troutman Pepper.

  • What's At Stake In High Court NLRB Injunction Case

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    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Expediting Psychedelics Approvals In The US And Canada

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    Accelerated regulatory pathways for psychedelics in the U.S. and Canada play a pivotal role in the progression of drugs, devices and novel therapies toward commercialization, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.

  • Directors And Officers Face Unique AI-Related Risks

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    As privacy, intellectual property and discrimination lawsuits focusing on artificial intelligence increase, corporate directors and officers must stay aware of associated risks, including those related to compliance, litigation and cybersecurity, says Jonathan Meer at Wilson Elser.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • 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.

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