Retail & E-Commerce

  • February 08, 2024

    Amazon Hit With Class Action Over 'Rigged' Buying Features

    Two consumers hit Amazon with a proposed class action Thursday in Washington federal court, alleging "hundreds of millions" of customers have overpaid for items because of Amazon rigging algorithms to boost sales of its own retail business and third-party sellers participating in its fulfillment service.

  • February 08, 2024

    US Targets Price Cap Evaders, Bans Russian Diamonds

    The U.S. sanctioned three Emirati shipping companies on Thursday and a Russian-controlled one registered in Liberia for violating the G7's oil price cap, according to the U.S. Treasury Department, which also blocked a tanker operated by two of them.

  • February 08, 2024

    Fed. Circ. Grapples Over Implying IP Success To Jury

    The Federal Circuit on Thursday tried to drill down on the impact of overlap between commercial success and industry praise when asking a jury to review factors that can overcome invalidating a patent as obvious.

  • February 08, 2024

    Walmart Settles With EEOC Over Fla. Worker Harassment

    Walmart has resolved a lawsuit brought by the Equal Employment Opportunity Commission, agreeing Thursday to train supervisors at a north Florida facility on how to prevent sexual harassment after an employee alleged the company mishandled her complaints about a co-worker and fired her in retaliation.

  • February 08, 2024

    Google Sued Over Pixel Phones That Are Too Hot To Handle

    Google's Pixel Pro 6 phones have a defect that causes them to overheat to the point that they become too hot to hold, according to a proposed class action in California state court filed by a woman who says she's now had several Pixel Pro 6s with the same issue. 

  • February 08, 2024

    Yamaha Worker Must Arbitrate PAGA Claim, Panel Rules

    A California state appellate court on Thursday reversed in part a trial court's order in a proposed class action accusing Yamaha Motor Corp. of withholding wages, saying recent rulings in the Golden State's high court require the former employee to arbitrate her individual Private Attorneys General Act claim.

  • February 08, 2024

    IP Forecast: 2nd Circ. To Hear TM Fight Over Whiskey Bottles

    The Second Circuit will consider whether a jury in the Southern District of New York was wrong to decide that the shape of bottles used by the Bulleit bourbon brand is distinctive enough to be protected by trademark law. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • February 08, 2024

    Eyewear Buyers Want To Consolidate 6 EssilorLuxottica Suits

    Eyeglass buyers pursuing six separate proposed antitrust class actions against industry giant EssilorLuxottica asked a Minnesota federal judge to consolidate the lawsuits and appoint Lockridge Grindal Nauen PLLP, Gustafson Gluek PLLC, Zimmerman Reed LLP and Hilgers Graben PLLC as interim co-lead counsel.

  • February 08, 2024

    Vietnamese Pipe Fittings Cleared Of Dodging China Duties

    The U.S. Court of International Trade has signed off on U.S. Customs and Border Protection's reversal of its evasion determinations regarding two importers that brought carbon steel butt-weld pipe fittings into the U.S. from Vietnam.

  • February 08, 2024

    Rockport Asks Judge To Dismiss Ch. 11 After $52M Asset Sale

    Defunct-shoemaker The Rockport Co. asked a Delaware bankruptcy judge to dismiss its Chapter 11 case, saying that it has no remaining assets of value after using more than $52 million in sale proceeds to pay down senior secured obligations.

  • February 08, 2024

    Commerce's Grudging Duty Hike Gets Trade Court OK

    U.S. flooring companies won a bid to raise anti-dumping duties on certain Chinese competitors on Thursday, after a U.S. Court of International Trade judge accepted recalculated tariffs the U.S. Department of Commerce submitted under protest.

  • February 08, 2024

    Microsoft Calls FTC Activision Layoff Worries 'Misleading'

    Microsoft on Thursday criticized the Federal Trade Commission's "incomplete and misleading" assertion that the company's plan to lay off 1,900 video game workers undercuts its claim that Activision Blizzard Inc. would be maintained as an independent business while the commission challenges the gaming company's $68.7 billion acquisition.

  • February 08, 2024

    11th Circ. Won't Undo State Farm's Shooting Coverage Loss

    The Eleventh Circuit refused Thursday to hear State Farm's challenge to a lower court decision ordering it to cover an $877,660 judgment for a gas station employee shot on the premises that he obtained against his employers, finding it lacked jurisdiction since the decision wasn't final or immediately appealable.

  • February 08, 2024

    2nd Circ. Backs Kay Jewelers' Victory In Age Bias Suit

    The Second Circuit refused Thursday to revive a former Kay Jewelers manager's suit claiming he was forced to quit because of his boss's incessant ageist insults, finding the retailer appropriately handled the situation after the employee complained to human resources.

  • February 08, 2024

    Consumers Sue SeatGeek Ticket Retailer Alleging Hidden Fees

    Three fans have filed a proposed class action against ticket app company SeatGeek Inc. in New York federal court, claiming it is less than forthcoming with fees it charges for purchases made on its platform.

  • February 08, 2024

    Aurora Cannabis Buys No. 2 Australian Medical Pot Co.

    Aurora Cannabis Inc. said Thursday it has purchased the remaining roughly 90% equity interest of MedReleaf Australia that it doesn't already own at an enterprise value of AU$50 million ($32.5 million), in a cash and stock deal that the Canadian pot company said makes it the "largest global medical cannabis company operating in nationally legal markets."

  • February 08, 2024

    UK Skiwear Co. Perfect Moment Lands $8M In Downsized IPO

    U.K.-based luxury skiwear brand Perfect Moment Ltd. began trading on the U.S. public markets on Thursday, after raising roughly $8 million in an initial public offering that priced at the low end of its range.

  • February 08, 2024

    Norton Rose Fulbright Adds IP Partner From Kirkland

    Norton Rose Fulbright recently welcomed to its New York office an experienced intellectual property attorney who previously worked at Kirkland & Ellis and O'Melveny & Myers.

  • February 08, 2024

    Deals Rumor Mill: Club Med, Galderma, Sierra Space

    China’s Fosun is exploring a Club Med minority-stake sale, Galderma's IPO could yield a $20 billion value, and Sierra Space Corp. is making its own IPO plans. Here, Law360 breaks down the notable deal rumors from the past week.

  • February 08, 2024

    Pot Co. Owner Aims to Halt Md.'s Equity License Lottery

    The owner of a cannabis dispensary that was denied a spot in Maryland's lottery for social equity licenses is asking a federal court to put a halt on the lottery, saying she'll suffer irreparable harm because of the state's violation of the Constitution's dormant commerce clause.

  • February 07, 2024

    Hose Co. Says Patent Battle Raises Ethical Questions

    A company that sells flexible, retractable hoses has told the director of the U.S. Patent and Trademark Office that a rival's latest legal maneuver in their decadelong patent war "presents a substantial threat to the integrity of the patent system."

  • February 07, 2024

    Coupang Says Ex-Atty's Suit Doesn't Work Outside US

    South Korean e-commerce giant Coupang said a former in-house compliance attorney's case against it for firing him after he reported it for allegedly doing business with the Iranian government should be thrown out because he was working outside the U.S. for a foreign company when he made his whistleblowing complaint.

  • February 07, 2024

    Fintech Group Wants CFPB To Regulate Earned-Wage Access

    A fintech industry group urged the Consumer Financial Protection Bureau on Wednesday to undertake a formal rulemaking process for the regulation of so-called earned-wage access services, decrying a developing, state-level patchwork of regulations on the industry.

  • February 07, 2024

    'Family' Exclusion Nixes Coverage For Menards, 8th Circ. Says

    An Iowa Menards home improvement retailer doesn't have coverage under the insurance of a customer who launched an injury suit against it, an Eighth Circuit panel ruled in a published opinion, finding intrafamily immunity applied, even if the shopper was unrelated to the employee who allegedly dropped lumber on her.

  • February 07, 2024

    Lottery.com Beats Investor Suit Over Pre-IPO Disclosures

    A New York federal judge has dismissed consolidated securities class actions against third-party lottery website Lottery.com Inc., ruling that while some statements ahead of its 2021 initial public offering were false, the proposed class members failed to adequately allege the defendants intended to defraud investors.

Expert Analysis

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Forecasting The Impact Of High Court Debit Card Rule Case

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    John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.

  • Series

    ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

  • Opinion

    FDA And Companies Must Move Quickly On Drug Recalls

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    When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.

  • Crypto Has Democratized Trading In Bankruptcy Claims

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    Following the pandemic, there has been a wave of cryptocurrency bankruptcies and a related increase in access to information, allowing nontraditional bankruptcy investors to purchase claims and democratizing a once closed segment of alternative investing, says Joseph Sarachek at Strategic Liquidity.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Ohio Voters Legalize Cannabis — What Comes Next?

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    This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • 'Trump Too Small' Args Show Justices Inclined To Reverse

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    The U.S. Supreme Court recently heard oral arguments in the "Trump Too Small" trademark case Vidal v. Elster — and the tenor of the justices' feedback makes it clear that the refusal to register a mark under the Lanham Act most likely does not violate free speech rights, as opposed to the Federal Circuit's decision last year, says Brian Brookey at Tucker Ellis.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Sellers Seeking Best Deal Should Focus On Terms And Price

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    Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.

  • Series

    ESG Around The World: South Korea

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    Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.

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