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Retail & E-Commerce
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February 18, 2025
Calif. Bill Takes Aim At Online Hemp, Cannabis Sales
California state Senator Scott Wiener has introduced a bill to restrict the online sale of unlicensed hemp and cannabis products in the state, saying the illicit market is hampering the state's licensed, legal market for products.
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February 18, 2025
Pot Co. Alliance Adds Class Claims To DC Dispensaries Suits
A group of medical cannabis companies is adding class claims to suits it has filed against companies it alleges are acting as illegal recreational dispensaries in anticipation of consolidation of the suits.
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February 18, 2025
NY Broadens Tax Break Guidelines For Development Projects
New York state broadened guidelines for determining whether some economic development projects may be eligible for property and sales tax exemptions based on the level of a project's on-site child care services under clarifying legislation signed by Democratic Gov. Kathy Hochul.
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February 18, 2025
Jones Day Leads Sherwin-Williams On $1.15B Brazil Paint Buy
Jones Day is guiding Cleveland-based Sherwin-Williams Co. on a new deal to buy the Brazilian architectural paints business of BASF Group, advised by Linklaters and Machado Meyer, for $1.15 billion in cash.
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February 18, 2025
Baker Botts Partner Says Inventor's Atty Is Threatening Her
A Baker Botts LLP lawyer being sued over her comments in a news article about a patent suit against Starbucks Corp. accused opposing counsel of threatening her in an email exchange over the details of a deposition.
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February 18, 2025
Connecticut Art Business Seller Says Buyer Owes $2.3M
A Wisconsin-based retailer that purchased an art marketing and distribution company from a family trust in 2019 has failed to make a $2.3 million payout based on its 2020 performance, according to a lawsuit in Connecticut state court.
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February 18, 2025
RBI Takes Control Of Burger King China, Seeks Local Partner
Restaurant Brands International Inc. said Tuesday it has bought out two equity shareholders in Burger King China to amass nearly 100% of the business but will now search for a local partner to become Burger King China's controlling shareholder.
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February 18, 2025
Pot Retailers Want Mass. City To Refund 'Impact Fees'
Three cannabis retailers in the Boston suburb of Newton are seeking a refund of approximately $2 million in what they say were "clearly and unequivocally unlawful" fees paid to do business there, according to a lawsuit filed in state court.
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February 14, 2025
Judge Slams The Brakes On Peloton Bike Recall Claims
A New York federal judge threw out, for now, a proposed investor action alleging Peloton overstated the safety of its bikes before 2.2 million products were recalled over a bike seat defect, ruling that the shareholders haven't adequately alleged the exercise company made any misleading statements.
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February 14, 2025
Uber Starts Antitrust Food Fight With DoorDash
DoorDash Inc. has devised an unlawful scheme to stifle competition with its main rival, Uber Eats, by forcing restaurants to exclusively work with DoorDash to manage their in-house deliveries, which hikes costs for restaurants and customers, Uber Technologies Inc. alleges in a lawsuit filed Friday in Golden State court.
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February 14, 2025
Joy Dish Soap Deal Caused $12M Loss, Manufacturer Claims
Alleging $12 million in losses, Michigan-based manufacturer N.V. Labs Inc., which does business as the Reforma Group, has sued Connecticut private equity firm Piney Lake Capital Management LP on allegations it dirtied a deal to produce Joy dish soap through a subsidiary after buying the brand from Procter & Gamble.
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February 14, 2025
'Not For Sale': OpenAI Rebuffs Musk's $97.4B Takeover Bid
The board of directors for OpenAI voted unanimously on Friday to reject a $97.4 billion offer from Elon Musk and a consortium of investors to buy the artificial intelligence platform, with the board chair saying in a statement, "OpenAI is not for sale."
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February 14, 2025
SmileDirectClub Trustee Gets OK To Hire Orrick
The Chapter 7 trustee liquidating SmileDirectClub can hire Orrick Herrington & Sutcliffe LLP as special litigation counsel, a Texas bankruptcy judge said Friday, concluding that Orrick met U.S. Bankruptcy Code requirements, despite him not being notified earlier of Orrick's previous work for the trustee.
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February 14, 2025
Supreme Court Asked To Rule On Fee Award After TM Mistrial
A cosmetics distributor that was sued for trademark infringement and lost has asked the U.S. Supreme Court to determine whether attorney fees and costs awarded to the prevailing party should have been trimmed to account for a default judgment that was reversed and a mistrial attributed to the plaintiff's counsel.
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February 14, 2025
Judge Says Class Waited Too Long For Home Depot Fee Suit
A Georgia federal judge has granted Home Depot an early win over a proposed class action alleging overcharges on tool rentals, ruling that the plaintiffs waived their claims by failing to provide written notice of disputed charges within the contract's 25-day deadline.
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February 14, 2025
EPA, Energy Dept. Rush To Fulfill Trump's Appliance Order
The U.S. Environmental Protection Agency and U.S. Department of Energy said they're acting to comply with President Donald Trump's order — delivered via social media post — that they should undo Biden-era appliance efficiency standards.
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February 14, 2025
'Trump Too Small' Rejection Dooms Other Trump-Related TMs
The Trademark Trial and Appeal Board has rejected four applications from a New York man who wanted to register trademarks that referred to U.S. President Donald Trump in a negative context, saying that the U.S. Supreme Court's decision last year affirming the board's refusal to register "Trump Too Small" in another case foreclosed his First Amendment arguments.
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February 14, 2025
State Lawmakers Eye Tighter Restrictions On Hemp Products
Legislators in multiple states have introduced legislation aimed at regulating or restricting the manufacture and sale of products containing intoxicating cannabinoids derived or synthesized from federally lawful hemp.
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February 14, 2025
Farm Asks Judge To 'Please' Add $5M Interest To $32M Verdict
A cannabis farm is asking a Michigan federal judge to "please, please" award $5 million in prejudgment interest on a $31.8 million verdict reached last month in a contract dispute with Curaleaf units, saying the companies have refused to cooperate in post-judgment talks to resolve the issue.
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February 14, 2025
Michigan Pot Co. Can't Intervene In Rival's Licensing Suit
A Michigan federal judge won't let a Pontiac cannabis company intervene in a competitor's suit aiming to stop the city from issuing cannabis licenses.
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February 14, 2025
Illinois Vs. The Internet: IP Suits Over Online Sales Stir Debate
Brands have unleashed a torrent of lawsuits across the U.S. that group dozens of online sellers into a single complaint for allegedly peddling counterfeit products, with Chicago emerging as the preferred venue for the litigation and inspiring a local federal judge to declare it has become "Illinois vs. The Internet."
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February 14, 2025
Womble Bond Adds BakerHostetler Business Partner In Irvine
Womble Bond Dickinson has hired a former BakerHostetler partner, who joined the firm's business litigation practice group as a partner in Irvine, California.
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February 13, 2025
Kimberly-Clark, P&G Dodge Tampon Fraud Claims, For Now
A California federal judge on Thursday dismissed a woman's fraud claims accusing Kimberly-Clark and Procter & Gamble of touting their Tampax and Kotex tampons as safe despite containing toxic levels of lead, saying that the putative class actions she filed lacked details on tests she asserted discovered the lead.
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February 13, 2025
Wash. Justices Wary Of Pay Transparency Law Stances
Washington's highest court grilled attorneys on both sides of a debate over state pay transparency law on Thursday, with some justices suggesting the employer's stance put too much onus on workers while another expressed doubt the protections should extend to people who apply for jobs they have no chance to get.
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February 13, 2025
Apple Pushes DC Circ. To Intervene In Google Remedies Case
Apple has urged the D.C. Circuit to undo a district court order barring the company from intervening in the U.S. Justice Department's remedies case against Google, arguing it moved with all speed to step in when it saw a government proposal "designed to force Apple to develop its own general search engine."
Expert Analysis
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Unpacking CFPB's Unwieldy Buy Now, Pay Later Guidance
Both the Consumer Financial Protection Bureau's recent interpretive rule regarding buy now, pay later transactions, and its FAQ guidance, place providers in murky waters with the unenviable position of attempting to place a square, closed-end product in a round, regulatory framework meant for open-end products, say attorneys at Troutman Pepper.
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Patent Marking Steps After Fed. Circ. Opens Lanham Act Door
Following the Federal Circuit’s recent ruling in Crocs v. Effervescent, which seemingly revives private actors’ ability to bring false patent marking claims under the Lanham Act, marketing and legal teams should be careful to avoid advertisement language that implies nonexistent patent rights, says Jeffrey Ratinoff at Spencer Fane.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Key Legal Considerations After Supply Chain Disruptions
After U.S. supply chain disruptions — like the recent port workers' strike, and Hurricanes Helene and Milton — stakeholders should look to contractual provisions to mitigate losses, and keep in mind that regulators will be watching closely for unfair shipping practices, say attorneys at Holland & Knight.
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How Property Insurance Coverage Shrank After The Pandemic
Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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The 3rd-Party Bankruptcy Release Landscape After Purdue
In its Purdue Pharma ruling prohibiting nonconsensual third-party releases, the U.S. Supreme Court did not comment on criteria to render a third-party release consensual, opening a debate in the bankruptcy courts on the permissibility of opt-out versus opt-in releases, say attorneys at Morgan Lewis.
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When 'Patented' Goes Beyond Inventorship In False Ad Cases
The Federal Circuit's recent false advertising holding in Crocs v. Effervescent is significant because it offers a nuanced yet realistic understanding of what false claims about a product's status as "patented" can mean, say attorneys at McDermott.
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Comparing Antitrust Outlooks Amid Google Remedy Review
As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.
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Website Accessibility Ruling Leaves Circuit Split Unresolved
A New York federal court's recent decision in Mejia v. High Brew Coffee, holding that stand-alone websites are not "public accommodations" subject to the Americans with Disabilities Act, further complicates a long-running circuit split on this question — even as courts are burdened with thousands of similar lawsuits, say attorneys at Mandelbaum Barrett.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.