Retail & E-Commerce

  • February 16, 2024

    4th Circ. Won't Revive Car Dealer's Hurricane Coverage Suit

    The Fourth Circuit declined to revive a South Carolina car dealership's lawsuit seeking coverage from an AIG unit for losses the business sustained from Hurricane Dorian in 2019, agreeing with a district court that there was no link between a government evacuation order and physical damage that would warrant civil authority coverage.

  • February 16, 2024

    Amazon Joins List Of Employers Challenging NLRB Structure

    Amazon has joined Trader Joe's, Starbucks and SpaceX in challenging the constitutionality of the National Labor Relations Board's structure, saying in a filing in board litigation that NLRB members and judges are unconstitutionally protected from removal by the U.S. president.

  • February 16, 2024

    Ex-Jenner & Block Litigator Joins Holland & Knight In Chicago

    Holland & Knight LLP has brought on a longtime Jenner & Block LLP partner to bolster its litigation practice as a partner based in its Chicago office.

  • February 16, 2024

    Quartz Biz Says Customs Charged Tariffs On Duty-Free Goods

    A quartz importer took U.S. Customs and Border Protection to court over its assessment of anti-dumping duties on dozens of quartz surface products that the U.S. Department of Commerce said should be imported duty-free.

  • February 16, 2024

    Former Worker Says Supercuts Owner Cut OT Rate Too Short

    A former worker is accusing the owner of about 400 Supercuts, Cost Cutters and Holiday Hair salons in seven states of shortchanging its hourly employees on their compensation by not accounting for commissions and other non-discretionary bonuses in their overtime rate calculations.

  • February 15, 2024

    Home Depot, Google Sued Over AI Customer Call Monitoring

    Home Depot and Google were hit with a proposed class action in California federal court Wednesday, accusing them of deploying artificial intelligence technology to surreptitiously "eavesdrop" on calls between customers and Home Depot's representatives without permission, in violation of Golden State privacy laws.

  • February 15, 2024

    Biz Groups Urge Feds To Back WTO's Block On Digital Duties

    Major U.S. trade and business groups, including the U.S. Chamber of Commerce and the National Foreign Trade Council, urged U.S. officials to back the World Trade Organization's suspension of tariffs on electronic transmissions ahead of a renewal vote later this month.

  • February 15, 2024

    Gerber, Others Fight Bid For MDL On Baby Food Heavy Metals

    A group of baby food manufacturers, including Gerber Products Co., The Hain Celestial Group Inc. and Beech-Nut Nutrition Co., is urging the Judicial Panel on Multidistrict Litigation not to consolidate suits alleging that heavy metals in their products cause autism spectrum disorder and other conditions, saying there's no benefit to grouping them in an MDL.

  • February 15, 2024

    Shoppers Say Albertsons-Kroger Suit Shortcomings Fixed

    Consumers challenging Kroger's $24.6 billion bid for Albertsons defended their revised lawsuit in California federal court against the supermarkets' latest dismissal bid, arguing their tweaked complaint now adequately identifies the affected stores and lays out how the deal threatens competition.

  • February 15, 2024

    State Dept. Offers $5M For Info On 'BlackCat' Ransomware Group

    The State Department is offering millions for information on the "BlackCat" ransomware, claiming that the AlphV cybercrime group has compromised over 1,000 entities globally.

  • 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.

Expert Analysis

  • 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.

  • Food And Beverage Policy Trends Cos. Should Track In 2024

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    The list of legal issues food and beverage companies should watch out for in 2024 include the U.S. Food and Drug Administration’s Human Foods Program, the Food Safety and Inspection Service’s salmonella proposal, Proposition 12 and more, say Bob Hibbert and Amaru Sánchez at Wiley.

  • Why Fed. Circ. Affirmed Attorney Fee Award In PersonalWeb

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    A recent Federal Circuit decision to leave a $5.2 million fee award in place in the PersonalWeb patent case underscores district courts' discretion to sanction unreasonable arguments and litigation tactics under the U.S. Code's attorney fee provision, say attorneys at Shearman. 

  • Sale-Leasebacks May Provide A Safe Financing Alternative

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    Amid rising interest rates and unpredictable market conditions, sale-leasebacks can be a useful investment option for both buyers and sellers, though their potential drawbacks demand careful consideration, says Chanel Di Blasi at Crosbie Gliner.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • 5 Trends That Will Affect Food Litigation In 2024

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    In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.

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