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Retail & E-Commerce
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May 30, 2024
Sneaker Co. Golden Goose Plots Top Italy IPO In Over A Year
Luxury sneaker brand Golden Goose Group SpA on Thursday unveiled plans to go public in Italy, aiming to raise €100 million ($108 million) in what would mark Italy's largest IPO in the last year.
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May 30, 2024
Data Co. Exec, Worker Guilty Of Fraud In Mail Scam Case
A Colorado federal jury on Thursday convicted two former Epsilon Data Management employees for their roles in selling data to mail scammers who preyed on the elderly and vulnerable.
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May 29, 2024
Amazon Shouldn't Escape BIPA Suit, Judge Recommends
A Washington federal magistrate judge on Wednesday recommended that the court should not toss a suit alleging Amazon.com Inc. collected facial scans of teens playing a popular video game without proper disclosures or consent, saying the plaintiff sufficiently alleges that Amazon knowingly obtained the data and disseminated it.
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May 29, 2024
Meta's Policy On Threats List 'Sounds Nefarious,' Judge Says
The California federal judge overseeing claims Meta blacklists certain adult performers questioned the social media giant's practice of keeping its list of dangerous organizations and individuals as a "living document" that changes constantly and isn't archived, saying the policy appears to destroy evidence and "sounds nefarious."
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May 29, 2024
6th Circ. Won't Consider Appeal Over Fatal Walmart Shooting
The Sixth Circuit on Wednesday rejected a challenge to the dismissal of a wrongful death claim against Walmart by the family of a man killed by police, ruling the lower court shouldn't have certified dismissal for immediate review because the same set of facts underlie unresolved claims remaining for trial.
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May 29, 2024
Pot Co. Must Face Calif. City's Counterclaims In License Battle
A California cannabis company and entrepreneur can't escape counterclaims that they failed to pay fees associated with a commercial license to sell in the city of Baldwin Park — the same municipality whose officials they claim helped swindle him out of nearly $1 million — a federal judge ruled Tuesday.
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May 29, 2024
Carhartt Heiress Atty Says He Wanted To Pay Back $15M Loan
A Michigan attorney accused of exploiting his wealthy Carhartt heiress client as trustee testified Wednesday that he intended to repay the roughly $15 million he had loaned himself from her trust, as he took the stand during the second week of a jury trial.
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May 29, 2024
Microsoft's Post-Merger Layoffs Cited In I-Told-You-So Appeal
A private group of gamers is pointing to Microsoft's recent layoffs of 1,900 Activision and XBox employees as evidence of market harms stemming from Microsoft Corp.'s acquisition of Activision Blizzard Inc., as the group seeks to revive a private antitrust suit challenging the merger in the Ninth Circuit.
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May 29, 2024
Fed. Circ. Backs Claim Invalidity In Express Mobile Web Patent
The Federal Circuit has backed a Patent Trial and Appeal Board decision that a single claim of an Express Mobile website generation patent was invalid as obvious based on earlier inventions.
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May 29, 2024
Makeup Co. BIPA Suit Trimmed As Arbitration Bid Denied
An Illinois federal judge on Tuesday said plaintiffs accusing e.l.f. Cosmetics of violating the state's biometric privacy law with its online virtual try-on tool lacked standing to bring two of their claims, while rejecting the company's arguments that the remaining claim should be arbitrated.
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May 29, 2024
Handbag Cos. Seek FTC In-House Delay For Fed. Court Row
Tapestry and Capri are asking the Federal Trade Commission to delay an in-house challenge to the planned $8.5 billion merger combining the parent companies of Coach and Michael Kors, arguing the FTC's separate request for a preliminary injunction in New York federal court should take precedence.
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May 29, 2024
P&G Mislabels Tampax Products As 'Pure Cotton,' Suit Says
Procter & Gamble's Tampax-brand "pure cotton" hygiene products are mislabeled and deceptive to customers since the tampons contain non-natural ingredients like polyester and titanium dioxide, according to a putative false advertising class action filed Tuesday in Illinois federal court.
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May 29, 2024
Barilla Pasta Buyers Win Class Cert. In Italy Labeling Suit
A California federal judge on Tuesday certified a class action alleging Barilla falsely labels its pasta as being made in Italy after she rejected the company's argument the class is insufficiently defined since it removed the challenged representation in 2022, finding a well-defined class can include those who suffered no injury.
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May 29, 2024
6 Questions For FCC Commissioner Anna Gomez
A year after she was nominated for the Federal Communications Commission's third Democratic seat, Anna Gomez says she's steadily progressing toward goals tied to connectivity, innovation, public safety and media localism in what she calls the "best job I've had in my career."
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May 29, 2024
Mercedes-Benz Fights Class Cert In Takata Airbag MDL
Attorneys for Mercedes-Benz on Wednesday urged the judge overseeing the multidistrict litigation over allegedly defective Takata airbags to deny consumers' bid for class certification, arguing that the evidence is clear the company didn't know of any defects in the airbags before a recall was issued.
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May 29, 2024
Pool Co. Can't Avoid, Delay Paying $16M False Ad Verdict
A North Carolina federal judge has cleared the way for an American swimming pool parts supplier to go after a $16 million judgment from its Chinese rival for false advertising and unfair business practices following a weeklong jury trial earlier this year.
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May 29, 2024
Commerce Readies 250% Duty For Cambodian Paper Bags
The U.S. Department of Commerce determined a nearly 250% final anti-dumping duty rate for certain Cambodia-origin paper shopping bags, saying a company hindered the department's probe into whether the bags were hurting the U.S. through unfairly priced imports.
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May 28, 2024
Amazon Can't Duck FTC's Prime Subscription Suit
Amazon cannot escape the Federal Trade Commission's lawsuit alleging the e-commerce giant tricks consumers into enrolling in its Prime service and makes it difficult for members to cancel subscriptions, a Seattle federal judge ruled Tuesday, saying the commission has adequately alleged Amazon's Prime terms were not "clearly and conspicuously disclosed."
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May 28, 2024
Judge Hints Amazon Can't Avoid BIPA Suit For Stored Data
A Washington federal judge pushed back Tuesday against Amazon's claims it cannot be sued for data that merely passed through its servers, noting that Illinois' biometric privacy law doesn't just create liabilities for the original data collector.
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May 28, 2024
Agri Stats Can't Duck Or Transfer DOJ, States' Antitrust Suit
Agri Stats can't transfer or dismiss an antitrust case brought by the U.S. Department of Justice and six states that accuses the third-party data compiler of helping meat processors swap sensitive business information, a Minnesota federal judge ruled Tuesday.
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May 28, 2024
Consumers, Advertisers Seek Class Cert. Against Meta
Advertisers and consumers suing Facebook owner Meta Platforms Inc. over allegations of monopolizing the online social media advertising market and misusing users' data in the process have told the California federal court overseeing their claims that they believe it's time for the proposed classes to be certified.
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May 28, 2024
Data Co. Exec Misled GC About Scammer Sales, Feds Tell Jury
A former Epsilon Data Management executive was well aware that a division of the direct marketing and data company was selling information about millions of consumers to fraudsters and worked to keep the firm's general counsel in the dark about the details, federal prosecutors told a Denver jury Tuesday.
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May 28, 2024
Activision Wins $14M From Call Of Duty Cheat Code Sellers
Activision Publishing scored over $14.4 million in damages and nearly $300,000 in attorney fees against German companies accused of selling cheat codes for Call of Duty games when a California federal judge Tuesday granted its motion for default judgment, finding none of the defendants appeared in the case for a year.
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May 28, 2024
NC Biz Court OKs Air Gun Asset Buy To Settle $6.7M Fight
A North Carolina state business court approved a deal Tuesday in which a struggling air gun company's Swedish supplier will forgive its debt and acquire most of its assets to resolve claims the American firm owed the Swedish entity $6.7 million.
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May 28, 2024
Treasury To Allow Online Banking, Cloud Services For Cuba
The U.S. Department of the Treasury on Tuesday eased restrictions on Cuba by modifying financial regulations to allow cloud-based services, bank accounts for entrepreneurs and remittance processing, saying the effort is to "increase support for the Cuban people."
Expert Analysis
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Series
Performing Music Makes Me A Better Lawyer
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.
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Breaking Down High Court's New Code Of Conduct
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.
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Rockport Ch. 11 Highlights Global Settlement Considerations
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.
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7 Critical Copyright And AI Questions Courts Need To Address
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.
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Why E-Commerce Tools Are Under Fire Amid Privacy Lawsuits
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.
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Alcohol's E-Commerce Spike Brings Regulatory Dilemmas
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.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
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.
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'Manufacturing' Amid Mass. Adoption Of Single-Sales Factor
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.
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Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping
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.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
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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What Lawyers Must Know About Calif. State Bar's AI Guidance
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.
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Industry Must Elevate Native American Women Attys' Stories
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.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
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.
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Forecasting The Impact Of High Court Debit Card Rule Case
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.
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Series
ESG Around The World: Mexico
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.