Retail & E-Commerce

  • November 22, 2024

    Hemp Cos. Owner Seeks Toss Of Cousin's TM Dispute

    A Miami-based delta-8 THC products manufacturer is looking to toss an infringement lawsuit filed by a former business partner, telling a Florida federal judge that the suit appears to be a patent fight and therefore belongs in trademark court.

  • November 22, 2024

    1st Circ. Affirms Volvo Win In Dealers' Maintenance Pay Suit

    The First Circuit affirmed a pretrial win granted to Volvo in a suit brought by two dealerships claiming the carmaker was underpaying them for maintenance they perform under prepaid service plans.

  • November 22, 2024

    Walmart Class Attys In $123M Opioid Deal Seek $24.6M Fee

    Three plaintiffs firms known for shareholder litigation are seeking $25 million in fees for their work on a $123 million settlement with Walmart in Delaware's Chancery Court, ending a suit that claimed oversight failures at the retail giant led to reckless opioid prescriptions and massive liabilities.

  • November 22, 2024

    Judge 'Concerned' With 'Lack Of Progress' In Walmart OT Suit

    A Georgia federal judge warned that he was "concerned by the lack of progress on the limited discovery" he reopened last month at the request of a Walmart warehouse manager suing the company for unpaid overtime hours.

  • November 21, 2024

    Messi Drink's Look A 'Blatant' Copy, Logan Paul's Co. Says

    Social media influencer Logan Paul's sports beverage company Prime Hydration has struck back at the maker of White Claw over its new beverage collaboration with soccer legend Lionel Messi, saying in a New York federal court filing that the "blatant copying" of their Prime product's trade dress has already created consumer confusion.

  • November 21, 2024

    Children's Place Investor Drops Suit After Counsel Rule Qualm

    A New Jersey federal judge agreed Thursday to let an investor who protested conditions the court placed on his pick for lead counsel to voluntarily toss his proposed class action against clothing retailer The Children's Place Inc.

  • November 21, 2024

    Franchise Group Lenders Want End To Debtor's Ch. 11 Rights

    Lenders of bankrupt retail-focused holding company Franchise Group Inc., including Pacific Investment Management Co. and private equity firm Irradiant Partners, have urged a Delaware bankruptcy judge to end holdco debtor Chapter 11 exclusivity restrictions, arguing that the move offers the best escape from a near-inescapable "Gordian knot" entangling all their claims.

  • November 21, 2024

    FCC To Hit Video Doorbell Maker For Skirting Security Rules

    The Federal Communications Commission wants to slap Chinese smart home device maker Eken with a more than $700,000 fine for breaking agency rules that require foreign companies to have an agent located in the U.S.

  • November 21, 2024

    Walmart Hit With $34.7M Verdict For Defaming Truck Driver

    A California jury has awarded $34.7 million to a former Walmart truck driver, finding that the retailer defamed him when it falsely accused him of fraud and fired him after he was injured on the job and filed a worker's compensation claim.

  • November 21, 2024

    AutoZone, Ex-Manager Agree To Park Sex Bias Suit

    A subsidiary of car parts retailer AutoZone Inc. struck a deal to end a sex, gender and age bias suit from a former district manager who said the company fired her and replaced her with a younger worker, according to a filing in California federal court.

  • November 21, 2024

    Tempur Gave UK Co. 'Total Autonomy' Post-Merger, CEO Says

    The CEO of a United Kingdom-based mattress company acquired by Tempur Sealy in 2021 told a Houston federal judge Thursday that his new parent company has provided him "total autonomy" since the acquisition.

  • November 21, 2024

    Big Lots Seeks To Include Claims Against Execs In Asset Sale

    Discount retailer Big Lots on Thursday asked a Delaware bankruptcy judge to approve a $760 million asset sale to a private equity group and override creditor objections to the inclusion of potential litigation claims against company insiders in the package.

  • November 21, 2024

    Glassmakers Seek Duty Probe On Overseas Competitors

    A group of U.S. glassmakers asked the U.S. Department of Commerce on Thursday to look into float glass imports from China and Malaysia, saying subsidies in those countries have allowed the imports to be sold at artificially low prices.

  • November 21, 2024

    EPA Announces National Strategy To Tackle Plastic Pollution

    The U.S. Environmental Protection Agency on Thursday unveiled its national strategy outlining how government agencies, businesses, nonprofits and communities can prevent plastic pollution. 

  • November 21, 2024

    Sherwin-Williams Wants Pause In NJ Pollution Suit

    Sherwin-Williams asked a New Jersey state court to pause a suit from Garden State regulators over the contamination at one of its former plants, arguing an expert for the state has claimed the cleanup required under a consent decree failed to accurately assess the scope of contamination and that a massive new soil excavation is required.

  • November 21, 2024

    Louisiana Defends New Hemp Law From Industry Challenge

    A Cannabis industry-led lawsuit seeking to block Louisiana from imposing new restrictions on consumables infused with hemp-derived THC should be squashed, the state told a federal judge, saying the legal theories the suit presents "have been tried and failed elsewhere."

  • November 21, 2024

    Vape Maker Sued Over Illegally High Delta-9 THC Levels

    Two men are suing Lifted Liquids Inc. in Illinois federal court, alleging that its hemp-derived vape products contain more than .3% Delta-9 THC despite its advertising, making the products federally illegal and putting users at risk.

  • November 21, 2024

    Fed. Circ. Agrees Tomofun's Pet Camera Didn't Infringe Patent

    The Federal Circuit on Thursday affirmed a lower court's finding that pet technology company Tomofun's Furbo pet camera didn't infringe a pet communication patent, agreeing that the product at issue didn't cover key patent language.

  • November 21, 2024

    Calif. Judge Says Dormant Commerce Inapplicable To Pot

    A California federal judge on Thursday tossed an out-of-state entrepreneur's challenge to Sacramento's cannabis social equity licensure program, asserting that the dormant commerce clause does not apply to federally illegal marijuana.

  • November 21, 2024

    Newell Brands Wants Baby Bottle Microplastics Suit Tossed

    Newell Brands Inc. moved Wednesday to dismiss a lawsuit accusing it of misleading buyers by labeling its Nuk brand of baby bottles as BPA-free while failing to disclose the products leach microplastics when heated, saying the label is "objectively truthful."

  • November 21, 2024

    Chewy Investors Sue BC Partners In Del. Over PetSmart Deal

    British international investment giant BC Partners exploited its control of online pet product retailer Chewy Inc. when a BCP affiliate merged into Chewy after divesting its interest in PetSmart Inc., saddling Chewy with a potential $1.9 billion post-deal tax liability, according to a new Delaware Court of Chancery complaint.

  • November 21, 2024

    DOJ Urges Chrome, Android Sales In Google Case

    The U.S. Department of Justice late Wednesday formally asked a Washington, D.C., federal judge to order a range of steps to end Google's monopolization of general search services and the text ads shown alongside search results, most notably by forcing the company to spin off the Chrome browser.

  • November 20, 2024

    CVS Can't Dodge Proposed Action Over 'Non-Drowsy' Claims

    CVS Pharmacy must continue facing a proposed class action alleging it "dangerously" markets over-the-counter medicine as "non-drowsy" despite containing a substance known to cause drowsiness after a Missouri federal judge on Wednesday refused to toss claims lodged under Missouri and other states' consumer protection laws.

  • November 20, 2024

    Lululemon Execs Hit With Derivative Suit Over DEI Program

    Lululemon leadership was hit with a shareholder derivative suit Wednesday claiming they made false statements related to the company's new "Inclusion, Diversity, Equity and Action" program that artificially boosted the company's stock price and also concealed problems with the company's inventory allocation.

  • November 20, 2024

    9th Circ. Judge Asks How Loper Bright Impacts EPA Fine Case

    A Ninth Circuit judge wondered on Wednesday what weight the court should give the Environmental Protection Agency's view in a chemical wholesaler's appeal of an $850,000 fine in light of the U.S. Supreme Court's Loper Bright decision, suggesting the justices might next end agency deference in regulatory interpretation.

Expert Analysis

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Amazon Holiday Pay Case Underscores Overtime Challenges

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    The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.

  • Understanding New ACH Network Anti-Fraud Rules

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    Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.

  • Opinion

    It's Time To Sound The Alarm About Lost Labor Rights

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    In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.

  • Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus

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    Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating FEMA Grant Program For Slope Fixes After Storms

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    In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • What To Make Of Dueling Corporate Transparency Act Rulings

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    Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Deadline Extension Highlights PFAS Reporting Complexities

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    The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.

  • 2nd Circ. American Girl Ruling Alters Test Purchase Norms

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    The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.

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