Retail & E-Commerce

  • February 12, 2024

    Amer Sports Follows IPO With Upsized $800M Debt Offering

    Sports apparel and equipment company Amer Sports Inc. has priced an $800 million private bond offering, represented by Davis Polk & Wardwell LLP, an upsized debt sale that comes nearly two weeks after the company completed the year's largest initial public offering at $1.4 billion.

  • February 12, 2024

    Cannabis Co. Says Conn. Wrongly Denied Social Equity Status

    A Connecticut cannabis retailer is appealing the denial of its application for one of the state's equity joint venture licenses, saying the Social Equity Council went against state law when it found that the company's co-owner no longer qualified as a social equity applicant.

  • February 09, 2024

    Amazon Can Keep Suicide Appeal, Despite Official's Doubts

    A Washington State Supreme Court official said Friday he believed Amazon shouldn't be able to end claims it sold chemicals people used to kill themselves, but would nevertheless allow the e-commerce giant to contest rulings that allowed the suits to proceed.

  • February 09, 2024

    Rite Aid Investors' Attys Get $58M As Walgreens Deal OK'd

    Counsel representing a class of Rite Aid investors will take home nearly $58 million in attorney fees after a Pennsylvania federal judge granted final approval to the $192.5 million deal resolving claims that Walgreens' executives lied about the likelihood of an ultimately unsuccessful merger between the two drugstore chains.

  • February 09, 2024

    Chanel Wins $4M Verdict Against NYC Luxury Reseller

    A jury in the Southern District of New York has ordered a luxury reseller to pay Chanel Inc. $4 million for selling unauthorized handbags, following an 18-day trial in Manhattan.

  • February 09, 2024

    2nd Circ. Affirms Starr Can't Sue To Defend Coverage Denial

    The Second Circuit on Friday refused to revive Starr Indemnity & Liability Co.'s suit, which a district court had concluded the insurer used to defend its decision to deny a clothing company coverage for stolen and water-damaged goods.

  • February 09, 2024

    Philip Morris PTAB Win Overturned At Fed. Circ.

    The Federal Circuit issued a precedential ruling on Friday that overturned a patent board finding that two claims in a patent owned a R.J. Reynolds subsidiary did not do what it described, a week after Reynolds' parent company privately settled its legal fight with Philip Morris over competing tobacco and vape products.

  • February 09, 2024

    Amazon Cut Delivery Co. To Punish Complaints, Suit Says

    Amazon mischaracterized the employment of a package delivery servicer and severed the team's contract after its leader complained about alleged sexual harassment, violating Massachusetts employment law, the team leader told a state court Friday.

  • February 09, 2024

    US Business Group VP Slams Tai's Digital Trade Stance

    The National Foreign Trade Council published an essay Friday bashing the U.S. Trade Representative as the odd one out on e-commerce policy among both U.S. lawmakers and international partners, broadcasting the business community's ongoing frustration with the Biden administration.

  • February 09, 2024

    Ohio Says Google Search Meets 'Common Carrier' Test

    Ohio enforcers have told a state court the undisputed evidence shows Google's search engine meets all the criteria for a common carrier designation, contending the service is a "public concern" because a large portion of the population relies on it for important needs.

  • February 09, 2024

    Wakefern Food Can't Avoid Suit Over Graham Crackers' Label

    Supermarket chain Wakefern Food Corp. must continue to face claims in a putative class action brought by consumers claiming it falsely advertised its graham crackers as whole grain, a New York federal judge has ruled.

  • February 09, 2024

    Cigar Co. Doesn't Own 'Dragon' TM, Rival's Dismissal Bid Says

    The defendant in a trademark infringement suit from a cigar company has asked a Florida federal court to dismiss the case, saying that the plaintiff doesn't even own the registered marks it claims were infringed.

  • February 09, 2024

    NBA Star Says Tossing Suit Over Shoe Logo Is A Slam Dunk

    NBA player LaMelo Ball, who has been accused of trademark infringement in connection with his signature Puma shoes, has asked a California federal judge to toss the lawsuit, saying the plaintiff doesn't own any rights to the trademark and is making "scurrilous" allegations against him.

  • February 09, 2024

    Pike Place TM Suit Dismissed Following Seattle Settlement

    A Washington judge tossed a trademark infringement case between a popular Seattle fish stand and its landlord after the two parties came to a settlement agreement over claims that the stand had infringed the "Pike Place" mark through the sale of packaged smoked salmon.

  • February 09, 2024

    Costco Sold Listeria-Contaminated Chicken Wraps, Suit Says

    A customer who alleges he fell ill and was hospitalized after eating chicken wraps contaminated with listeria that he bought from Costco filed a putative class action against Costco and two food manufacturers in Florida federal court Friday, asserting claims for negligence and unfair trade practices.

  • February 09, 2024

    Paper Co.'s 'Spin-off' Was Bid To Dodge $194M Debt, Feds Say

    The U.S. government has filed a new complaint in a feud with a German thermal paper producer over nearly $194 million in allegedly unpaid anti-dumping duties, accusing the company of trying to duck the debt by reconstituting itself.

  • February 09, 2024

    Industry Groups Call For Wider Effort To Stop Houthi Attacks

    More than 100 industry groups are calling for more governments to support military efforts to stop attacks on commercial vessels in the Red Sea by Yemen's Houthi rebels, which they said have disrupted at least $80 billion in cargo in recent months.

  • February 09, 2024

    DC Circ. Mulls NLRB Finding That Starbucks Broke Labor Law

    The D.C. Circuit seemed split Friday morning on whether Starbucks had stepped on labor law by barring a worker from passing out pro-union pins on the store floor during company time, which the manager said included paid breaks.

  • February 09, 2024

    Pea Protein From China Faces Early Duties Up To 280%

    Pea protein from China may face anti-dumping duties of between 122% to 280.31% based on preliminary findings of the U.S. Department of Commerce's investigation into whether the China-origin split pea extracts are being dumped into the U.S. at unfairly low prices.

  • February 09, 2024

    Simpson Thacher, Cleary Steer Mexican Grocer's $589M IPO

    Mexican grocery chain BBB Foods Inc.'s shares rallied Friday after the company completed a $589 million initial public offering, represented by Simpson Thacher & Bartlett LLP and underwriters counsel Cleary Gottlieb Steen & Hamilton LLP, thanks to strong appetite from investors.

  • February 09, 2024

    Atlanta Atty Keeps $1.15M Fee Award Despite Tossing Notes

    A Georgia state appellate court has upheld an award of $1.15 million in attorney fees to a solo-practice attorney, saying an Atlanta-based airport travel spa operator he did work for failed to show the trial court was wrong in finding the attorney didn't have to save notes about the legal services he provided.

  • February 09, 2024

    Burford Can't Sub For Sysco In Pork, Beef Price-Fixing Suits

    Legal investment firm Burford Capital cannot substitute for Sysco in sprawling price-fixing lawsuits against pork and beef producers because doing so would extend the litigation just so Burford can maximize its return on investment, a Minnesota federal judge ruled Friday.

  • February 09, 2024

    High Court Told Image Ironing IP Argument Was Forfeited

    Two office supply companies have told the U.S. Supreme Court to reject a patent owner's petition asking to reexamine the obviousness analysis done on her now-invalid image ironing patents, arguing that her argument was forfeited when it was not brought before the Patent Trial and Appeal Board.

  • February 09, 2024

    Off The Bench: NCAA NIL Rule Lives; Dartmouth Players Win

    In this week's Off The Bench, a Tennessee judge sends mixed signals to the NCAA in the fight over its NIL recruiting ban, Dartmouth's basketball players tally a win for college athletes' unionization efforts, and DraftKings tries to stop rival Fanatics from benefiting from a former executive who switched sides. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

  • February 09, 2024

    US Gun Cos. Will Ask Justices To Toss Mexico Trafficking Suit

    Smith & Wesson, Glock, Baretta and other gun companies said during a hearing Friday that they will turn to the U.S. Supreme Court after the First Circuit revived a suit by the Mexican government that seeks to hold the firearms industry responsible for thousands of trafficked weapons.

Expert Analysis

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • 7 Enforcement Predictions For US Export Controls, Sanctions

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    Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.

  • 3 Types Of Evidence Excluded Pretrial In 2023 TM Cases

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    Dylan I. Scher at Quinn Emanuel reviews three areas of rulings on motions in limine from 2023 where parties successfully excluded evidence in a trademark dispute, for legal practitioners to consider for future cases.

  • Series

    ESG Around The World: Singapore

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    Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Rockport Ch. 11 Highlights Global Settlement Considerations

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    A Delaware bankruptcy court’s recent rejection of Rockport’s proposed settlement serves as a reminder that there is a risk that a global settlement executed outside of a plan may be rejected as a sub rosa plan, but shouldn’t dissuade parties from seeking relief when applicable case law supports approval, says Kyle Arendsen at Squire Patton.

  • 7 Critical Copyright And AI Questions Courts Need To Address

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    U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.

  • Why E-Commerce Tools Are Under Fire Amid Privacy Lawsuits

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    As lawsuits try to shoehorn new technologies into decades-old privacy laws never intended for the digital age, e-commerce tools and the companies that use them are increasingly at risk, and retailers should act now to minimize their potential exposure, say attorneys at Benesch.

  • Alcohol's E-Commerce Spike Brings Regulatory Dilemmas

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    In the evolving landscape of beverage alcohol e-commerce, the clash between supplier marketing and tied-house laws poses challenges, with regulators grappling to keep pace with the digital marketplace, leaving the industry in a gray area, says Jaci Flug at Greenspoon Marder.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 'Manufacturing' Amid Mass. Adoption Of Single-Sales Factor

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    Massachusetts’ recent adoption of single-sales-factor apportionment will benefit companies that have a greater in-state physical presence, reinforce the importance of understanding market-sourcing rules, and reduce the manufacturing classification's importance to tax apportionment, though the classification continues to be significant to other aspects of taxation, say attorneys at McDermott.

  • Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping

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    The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

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