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Retail & E-Commerce
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May 01, 2024
Bipartisan Reps. Introduce Bill To Trace Battery Supply Chains
Environmental advocacy groups including the Sierra Club, Earthworks and SAFE have thrown their support behind a new bill to promote traceability in battery supply chains, a measure aimed at weeding bad labor and environmental practices out of the supply chain.
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May 01, 2024
Colorado Asks Judge To Review New Kroger Spinoffs At Trial
Kroger can't throw a new divestiture plan on the table two months before discovery closes and then ask the court to consider it when deciding whether to hand down a preliminary injunction blocking its $25 billion union with Albertsons from moving forward, the state of Colorado says.
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May 01, 2024
Chancery Nixes Amazon.com Investor's Antitrust Docs Probe
An Amazon.com stockholder on Wednesday lost a Delaware Court of Chancery suit seeking court-ordered access to company records to probe claims that the online retailing giant engages in anti-competitive practices, with a court magistrate finding the evidence insufficient to justify the demand.
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May 01, 2024
Sony, PlayStation Users Spar Over Early Antitrust Cert. Denial
Sony and PlayStation Store users fought before a California federal judge Wednesday over the company's bid to deny class certification to users who claim it overcharged them through a monopoly on downloadable game cards, with the users arguing that Sony waived its arbitration arguments under the Ninth Circuit's recent Hill ruling.
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May 01, 2024
Texas 'Gave Away The Game' In ATF Suit, 5th Circ. Judge Says
A Fifth Circuit judge told Texas it "just gave away the game" by stating that the application for obtaining a firearm suppressor counts as the injury, asking how the state could contend it had experienced such an injury without having applied for a license to own a suppressor during oral arguments Wednesday in a suit challenging federal firearm regulations.
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May 01, 2024
Senate Dems Reintroduce Bill To Tax And Regulate Cannabis
Senate Democrats on Wednesday reintroduced a cannabis legalization bill that would remove the drug entirely from the ambit of the Controlled Substances Act and impose a tax-and-regulate scheme akin to what is currently in place for alcohol and tobacco.
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May 01, 2024
Hotel Chains Hit With Algorithmic Pricing Collusion Suit
A group of hotel-goers has hit six major hotel chains with a proposed class action, alleging that the companies used a shared pricing algorithm to fix and raise hotel prices nationwide.
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May 01, 2024
Chipotle Granted Win in Customer Change-Shorting Row
A Pennsylvania federal judge gave Chipotle Mexican Grill an early win Wednesday in a lawsuit by customers alleging they were stiffed out of change during a coin shortage, finding that because the customers agreed to not receive coin change during their transactions, they can't reasonably argue the fast food giant did anything wrong.
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May 01, 2024
Apple Users Defend Web Apps Antitrust Case
Consumers urged a California federal court not to toss their case accusing Apple of violating antitrust law by preventing iPhones from running web-based apps that don't need to be downloaded, saying Apple used deals with Google and others to protect its dominance.
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May 01, 2024
Biden Admin Sanctions Cos. Helping Russia Evade Curbs
The Biden administration on Wednesday set financial and visa restrictions on nearly 300 individuals and businesses abroad, including those suspected to be helping Russia evade existing sanctions and obtain critical defense materials.
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May 01, 2024
Chinese Wood Exporter Calls To Axe Penalty Duties
A Chinese plywood producer urged the U.S. Court of International Trade on Wednesday to nix penalty duties the U.S. Department of Commerce assigned it based on purported omissions during questioning, arguing that the "missing" information was irrelevant.
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May 01, 2024
Ohio Justices Say Workers' Comp Appeal Didn't Expire
The Ohio Supreme Court on Wednesday allowed an injured Whirlpool Corp. worker to continue his appeal of an order denying him additional workers' compensation coverage, saying the state Industrial Commission's five-year limit on jurisdiction doesn't apply to his appeal in state court.
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May 01, 2024
AI Is Top Of Mind For Companies — And Securities Regulators
As references to artificial intelligence in securities filings soar, attorneys say companies must ground their disclosures in fact and be upfront about risks posed by AI in order to avoid the wrath of regulators, who promise to crack down on misleading claims.
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May 01, 2024
Vape Wholesaler Can't Escape Suit Over Exploding Battery
A Washington federal judge has refused to let e-cigarette wholesaler Vapor Beast LLC out of a suit by a man alleging he was injured by an exploding lithium-ion battery, saying there isn't enough evidence for the court to determine whether his claims were filed on time.
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April 30, 2024
Berry Dunn McNeil Sued Over Breach Affecting 1M Clients
Maine-based accounting firm Berry Dunn McNeil & Parker LLC faces a proposed class action Tuesday in federal court alleging it failed to adequately protect its clients' personally identifiable information that was compromised during a data breach last year which affected over a million people.
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April 30, 2024
OpenAI Tries To Throw Out Another Copyright Case
OpenAI is seeking to dismiss a suit in New York federal court from two alternative news websites asserting copyright infringement allegations against the Microsoft Corp.-backed artificial intelligence developer, saying they haven't shown they've been harmed.
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April 30, 2024
7th Circ. Backs Costco's Win In Gas Price-Matching Feud
The Seventh Circuit on Tuesday upheld Costco's victory against a dozen Wisconsin gas stations that claimed the warehouse giant sold regular unleaded fuel below a statutory minimum markup price that allegedly caused a decline in revenue, finding no evidence showing that Costco's pricing practices caused the stations a single lost sale.
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April 30, 2024
Kroger, Albertsons Say FTC Distorts Markets In Merger Case
Kroger and Albertsons told an Oregon federal court to reject a pending merger challenge by the Federal Trade Commission and a group of states, saying it distorts the competitive landscape for the grocery and labor markets.
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April 30, 2024
Wash. Job Applicant's Pay Transparency Suit Tossed For Now
A Washington federal judge tossed a job applicant's state pay transparency suit against a rent-to-own retailer, ruling the job-seeker didn't prove how the company's failure to include pay information in a job listing negatively affected him.
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April 30, 2024
FTC Digging Into $2.3B Walmart-Vizio Deal
The Federal Trade Commission wants information about Walmart's $2.3 billion plan to take over smart television maker Vizio before it decides whether to sign off on the controversial acquisition.
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April 30, 2024
Fed. Circ. Upholds TM Win For Brazilian Hair Products Co.
A Tuesday precedential ruling from the Federal Circuit sided with a Brazilian hair products maker in its legal fight with a Massachusetts businessman over who could claim a Portuguese phrase celebrating curly hair.
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April 30, 2024
Feds Endorse Easing Marijuana Status In Big Policy Shift
Federal drug enforcers will recommend loosening restrictions on cannabis for the first time since the drug was made federally illegal decades ago, the U.S. Department of Justice announced Tuesday.
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April 30, 2024
Don't Miss It: McDermott, Paul Weiss Lead Month's Hot Deals
A lot can happen in the world of mergers and acquisitions over the course of a month. Here, Law360 recaps the deals you may have missed, including transactions helmed by McDermott and Paul Weiss.
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April 30, 2024
Atty, Pot Entrepreneurs Get Conspiracy Claims Thrown Out
A California state appeals court has thrown out claims against a group of attorneys and cannabis entrepreneurs that they were part of a "straw man practice" conspiracy to monopolize the San Diego cannabis market, finding the complaint failed to allege they did anything illegal.
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April 30, 2024
EPA Finalizes Methylene Chloride Ban
The U.S. Environmental Protection Agency on Tuesday finalized a rule banning all consumer uses and most industrial and commercial uses of methylene chloride, a chemical regulators say can increase cancer risks and cause reproductive damage with repeat exposure.
Expert Analysis
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UK Amazon Ruling Spotlights TM Rights In International Sales
Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.
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5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS
The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.
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Handling Customer Complaints In Bank-Fintech Partnerships
As regulators mine consumer complaint databases for their next investigative targets, it is critical that fintech and bank partners adopt a well-defined and monitored process for ensuring proper complaint handling, including by demonstrating proficiency and following interagency guidance, say attorneys at Jenner & Block.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Unpacking The Complicated Question Of CIPA's Applicability
As the number of California Invasion of Privacy Act cases increases, more and more companies with little-to-no California presence are being hauled into California court, raising questions of when CIPA applies and to whom, says Matthew Pearson at BakerHostetler.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Antitrust Ruling Shows Limits Of US Law's Global Reach
Antitrust plaintiffs often cite the legislative history of the Foreign Trade Antitrust Improvements Act to support application of U.S. antitrust law to alleged injuries abroad, but as a California federal court recognized recently in Figaro v. Apple, the cited history does no such thing, say Daniel Swanson and Eli Lazarus at Gibson Dunn.
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What To Know About State-Level Health Data Privacy Laws
Companies that handle consumer health data, including those in the retail sector, should take a conservative approach when interpreting the scope of new health privacy laws in Washington, Nevada and Connecticut, which may include development of privacy notices, consent procedures, rights request response processes and processor contracts, say attorneys at Hunton.
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Opinion
Intoxicating Hemp Products: It's High Time For Clarity
Thanks to ambiguity in the 2018 Farm Bill, intoxicating hemp cannabinoid products are largely unregulated and are widely available without restrictions on who can buy the products, and although there are several possible solutions, voluntary industry action by good actors is the best option, say Andrew Kline and Tommy Tobin at Perkins Coie.
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Take AG James' Suit Over Enviro Claims As A Warning
New York Attorney General Letitia James' recent suit against JBS USA Food Co. over allegedly misleading claims about its goal to reach net zero by 2040 indicates that challenges to green claims are likely to continue, and that companies should think twice about ignoring National Advertising Division recommendations, say attorneys at Kelley Drye.