Retail & E-Commerce

  • October 10, 2024

    Monsanto Hit With $78M Verdict In Philly's 6th Roundup Trial

    Bayer AG unit Monsanto was hit with a $78 million verdict on Thursday by a Philadelphia jury in the sixth trial in the city's Roundup weedkiller mass tort.

  • October 10, 2024

    Ex-NFLer Can't Get Sanctions For Dropped Sexual Abuse Suit

    A Colorado state judge on Wednesday denied awarding attorney fees to a former NFL player-turned-reptile-shipper as a sanction, concluding it wasn't clear that the now-dismissed lawsuit by a former employee who accused him of sexually abusing her and then firing her was brought in bad faith or without any factual foundation.

  • October 10, 2024

    Hyundai Plans IPO For Indian Biz, Plus More Rumors

    Hyundai's Indian unit is eyeing a massive $3.3 billion initial public offering, rumors are swirling regarding ownership stakes of major European soccer clubs, and Saudi Arabia’s Public Investment Fund may buy a $1 billion minority stake in sports-streaming giant DAZN. Here, Law360 breaks down these and other notable rumors from the past week.

  • October 10, 2024

    Trade Court OKs Expanded Duties On Chinese Canvas

    The U.S. Court of International Trade approved a U.S. Department of Commerce ruling requiring a textiles company to pay antidumping duties on banner canvas, rejecting arguments that the duties only cover canvases that are primed for artistic use.

  • October 09, 2024

    Colo. Accuses Albertsons Of Competitor Flip-Flop For Merger

    Colorado enforcers accused Albertsons of "saying whatever they think will get their merger," confronting the supermarket chain's CEO on Wednesday with past comments to federal regulators they said showed that Albertsons flipped who it considers a competitor ahead of a proposed merger with Kroger.

  • October 09, 2024

    Google, Microsoft Want Docs Kept From Apple In DOJ Case

    Google and Microsoft were among a group of major corporations jumping in Tuesday to push for greater New York federal court safeguards of their sensitive business information as it's used in the Justice Department case accusing Apple of anticompetitively restricting app access to lock users into the iPhone.

  • October 09, 2024

    Lamps Plus Pays $4M To Settle Calif. DAs' False Pricing Suit

    Home goods chain Lamps Plus Inc. will pay a group of Southern California district attorney's offices $4.1 million to settle civil allegations that the retailer misled consumers with false pricing information, prosecutors announced Wednesday.

  • October 09, 2024

    Mich. Pot Legalization Does Not Bar Prosecution, Court Says

    A Michigan appeals court has ruled that, notwithstanding the state's legalization of recreational marijuana, prosecutors can still pursue a case against a person charged with selling large amounts of the drug outside the state's regulated marketplace.

  • October 09, 2024

    9th Circ. Judge Open To Rebooting CoStar Antitrust Fight

    A Ninth Circuit judge on a three-judge panel appeared open Wednesday to reviving counterclaims alleging CoStar monopolizes commercial real estate information markets, telling CoStar's counsel repeatedly that the lower court's ruling "reads more like summary judgment" than the granting of a motion to dismiss and improperly draws inferences in favor of CoStar.

  • October 09, 2024

    DOJ Offers Menu Of Options For Google Search Fix

    An outline of potential fixes lodged Tuesday by the U.S. Department of Justice in the search monopolization case against Google ranges from a ban on the default search engine pacts at the heart of the case to the forced sale of its Android operating system or other business units.

  • October 09, 2024

    Atlanta Braves Pitch Dismissal Or Transfer Of Defamation Suit

    The Atlanta Braves urged a Texas federal judge to dismiss or transfer a defamation lawsuit filed by an auction house alleging the team purposely maligned its image by leaking false claims to the media that the auctioneer was selling memorabilia to which it had no rights.

  • October 09, 2024

    Kohl's Sued After Vendor Hack Leaks 1.9M Customers Files

    Kohl's department store customers hit the retail giant on Wednesday with a putative breach of implied contract class action in Pennsylvania federal court alleging the store failed to protect data from 1.9 million customers from a hack targeting a contractor the retailer uses for debt collection.

  • October 09, 2024

    Logan Paul Brand Can't Block Messi Drink Collab, Suit Says

    The maker of White Claw has sued social media influencer and pro wrestler Logan Paul's sports beverage company Prime Hydration, seeking a declaration from a New York federal court that its recent collaboration with soccer legend Lionel Messi on a beverage doesn't infringe Prime's trademarks.

  • October 09, 2024

    Payment Processor Accuses Pot Biz Of Ending Contract Early

    A Florida-based payment processor accused a cannabis merchant of ending a three-year contract early and blowing off requests for an agreed-upon termination fee, putting the processor out nearly $320,000.

  • October 09, 2024

    Companies' Kratom Supplements Are Addictive, Class Says

    A proposed class of buyers is suing Thang Botanicals Inc. and FTLS Holdings in California federal court, alleging that they failed to disclose that their kratom-derived 7ΩHMZ products are as addictive as opioids, if not more.

  • October 09, 2024

    Turkey Buyers Cite DOJ's Intervention In Pork Case

    Meat buyers pursuing an antitrust class action against the biggest names in the turkey industry are pointing to the U.S. Department of Justice's recent filing in a separate pork purchasers suit to support their class certification motion.

  • October 09, 2024

    Vinson-Led MCB Sweetens Bid For Whitestone REIT

    MCB Real Estate, guided by Vinson & Elkins LLP, upped its all-cash acquisition proposal for Whitestone REIT by offering to buy it for $15 per share, the investment firm announced.

  • October 09, 2024

    7-Eleven Parent Reveals Revised Couche-Tard Takeover Offer

    Japan's Seven & i Holdings said Wednesday it has received a revised, non-binding proposal from Alimentation Couche-Tard Inc., which was reported to carry a $47 billion price tag. 

  • October 09, 2024

    Importer Denied Fee Award For Winning Duty Evasion Suit

    The U.S. Court of International Trade refused to grant attorney fees to an importer that challenged a now-rescinded duty evasion ruling, ruling that the error did not belong to the agency the importer challenged.

  • October 08, 2024

    Apple Loses Bid For Jury Trial In Masimo Trade Secrets Fight

    A California federal judge on Monday granted Masimo's request for a bench trial to address its trade secrets claims against Apple, noting that bench trials are almost always granted in situations where the plaintiff is seeking only equitable relief, and Apple hasn't convinced the court to deviate from that norm.

  • October 08, 2024

    Kimberly-Clark Says Plaintiff Can't Link Tampon To Lead Test

    Kimberly-Clark moved Monday to toss a California woman's proposed class action accusing the personal care goods multinational of concealing unsafe lead levels in a line of its U by Kotex tampons, saying the consumer did not even say she used the tampons.

  • October 08, 2024

    Adobe Slams FTC, DOJ For 'Rewrite' Of Subscription Law

    Adobe Inc. blasted a federal government lawsuit over its annual subscription plan and early termination fees on Monday, saying the Federal Trade Commission and U.S. Department of Justice are improperly attempting to "rewrite existing law" with the case.

  • October 08, 2024

    Jackson, Kagan Target Loper Bright In Ghost Gun Case

    U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?

  • October 08, 2024

    Albertsons Exec Says No-Poach Deal Never Happened

    An Albertsons labor executive Tuesday attempted to rebut Colorado's accusations that the company worked together with Kroger even before its proposed merger to not compete for workers or customers during a 2022 strike, saying any agreements were internal and had nothing to do with Kroger.

  • October 08, 2024

    2nd Circ. Won't Revive 1-800 Contacts, Warby Parker Row

    A Second Circuit panel affirmed a ruling Tuesday that found eyewear retailer Warby Parker did not infringe 1-800 Contacts Inc.'s trademarks by purchasing ads on search engines using its competitor's keywords.

Expert Analysis

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • Calif. Web Tracking Cases Show Courts' Indecision Over CIPA

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    Several hundred cases filed to date, and two recent conflicting rulings, underscore California courts' uncertainty over whether the use of web analytics tools to track users' website interactions can give rise to a violation of the California Invasion of Privacy Act, says Patricia Brum at Snell & Wilmer.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Opinion

    US Solar Import Probe's Focus On China Is Misguided

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    The U.S. Department of Commerce's recent anti-dumping and countervailing duty investigation focuses on the apparent Chinese ownership of solar device importers in four Southeast Asian countries — a point that is irrelevant under the controlling statute, says John Anwesen at Lighthill.

  • 'Food As Health' Serves Up Fresh Legal Considerations

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    The growth of food as medicine presents a significant opportunity for healthcare organizations and nontraditional healthcare players to improve patient outcomes and reduce costs, though these innovative programs also bring compliance considerations that must be carefully navigated, say attorneys at McDermott.

  • FTC Hearing On Fake Review Rule Stressed Compliance Costs

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    The Federal Trade Commission is likely to finalize its proposed rule to prohibit marketers from using deceptive practices in their product reviews after an informal hearing covered arguments over whether costs of implementing the rule, such as review moderation and software maintenance, would be minimal, says Jeffrey Edelstein at Manatt.

  • Trending At The PTAB: Real Party In Interest And IPR

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    The Patent Trial and Appeal Board’s recent Luminex v. Signify decision, finding a complaint seeking indemnification may be treated as a public demand sufficient to establish a real party-in-interest, shows that the board continues to apply a broad and expansive definition to that term, say Yicong (Eve) Du and Yieyie Yang at Finnegan.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Proposed Cannabis Reschedule Sidesteps State Law Effects

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    The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • How Real Estate Cos. Can Protect Their IP In The Metaverse

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    The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Patent Lessons From 4 Federal Circuit Reversals In April

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    Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

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