Retail & E-Commerce

May 31, 2024
Electrolux Calls For Duties On Refrigerators From Thailand

A subsidiary of Swedish appliance maker Electrolux is calling on the U.S. to place anti-dumping duties on top-freezer refrigerator imports from Thailand, alleging in a duty petition that a surge of unfairly traded imports has been undercutting domestic sales.
May 31, 2024
DC Judge Takes Dim View Of Proposed 'Surfside' TM Deal

A D.C. federal judge has refused to enforce a scrapped settlement in a trademark dispute between a Mexican restaurant operator and a distilling company over the name "Surfside," saying there wasn't ever an enforceable deal.
May 31, 2024
Trade Court Orders Commerce Redo Of Brazilian Honey Duties

The U.S. Court of International Trade ordered the U.S. Department of Commerce to reconsider substituting certain facts for information the department said a Brazilian honey producer withheld, saying the producer did provide the requested information.
May 31, 2024
Airport Shops, Ex-Workers Say They Have A Data Breach Deal

Attorneys for an airport retail company and a worker who says his personal information was compromised in a corporate data breach told a Georgia federal judge Thursday they've reached a tentative deal to bring the proposed class action to a close.
May 31, 2024
DOJ Slams Apple's Planned Bid To Dismiss Antitrust Suit

The U.S. Justice Department has hit back against Apple's proposed bid to exit the department's antitrust suit claiming that the company is monopolizing the smartphone market, arguing that the technology giant ignores "well-pleaded facts" and misinterprets the law.
May 31, 2024
Kroger's $6M BIPA Deal With 6K Workers Gets Final OK

An Illinois federal judge granted final approval to a class of about 6,000 Food4Less employees on their $6 million settlement resolving claims Kroger Co. subsidiary Ralphs unlawfully stored and used their biometric data after requiring them to scan their fingerprints to clock in and out of their shifts.
May 31, 2024
DOJ's Ad Tech Case May Go To Judge, Not Jury, After All

A Justice Department lawyer told a Virginia federal judge Friday the government is "perfectly happy" to have a bench trial accusing Google of monopolizing key digital advertising technology after the judge signaled the search giant may have short-circuited the government's original and unusual bid for a jury trial.
May 31, 2024
Off The Bench: NCAA Transfers Freed, Atty Plays Cards Right

In this week's Off the Bench, the NCAA agrees to more historic rule changes while experts examine its post-House settlement future, and a patent lawyer looks back at his transformation into a poker champion.
May 31, 2024
Mich. Atty Used Carhartt Heiress As 'ATM,' Jury Told

A Michigan attorney never intended to pay back millions of dollars that he lent himself from his wealthy client's irrevocable trust, state prosecutors told a Detroit jury Friday, and instead used the Carhartt heiress's failing health to create his own business empire.
May 31, 2024
LA Renews Bid To Toss Mich. Man's Pot Equity Licensing Suit

The city of Los Angeles is once again asking a California federal court to dismiss a Michigan man's challenge to the residency requirement of its social equity cannabis license program, saying the Constitution's dormant commerce clause doesn't apply.
May 31, 2024
Australian Co. Aims For Shopify Highs In $250M SPAC Deal

Sydney, Australia-based Btab Ecommerce Group Inc., an e-commerce supplier for small businesses, has agreed to merge with special-purpose acquisition company Integrated Wellness Acquisition Corp. in a transaction valued at $250 million, the companies said Friday.
May 31, 2024
FDA Seeks Fines Over Elf Bar E-Cigarette Sales

The U.S. Food and Drug Administration on Thursday said that it is seeking civil money penalties from nine stores and one online retailer for selling Elf Bar e-cigarettes, after previously warning them about sales of unauthorized tobacco products.
May 30, 2024
Feds Overly Constricted Extrusion Exclusion, Importer Says

The U.S. Department of Commerce misinterpreted language outlining a carveout from duties on aluminum exclusions from China to make it overly restrictive, according to an importer calling for a speedy decision from the U.S. Court of International Trade.
May 30, 2024
Ga. Judge Gives Fraudster 'Damn Good' 1-Year Sentence

A Georgia federal judge on Thursday handed down what he called a "pretty damn good" sentence of a year and a day to a man who pled guilty to procuring names and social security numbers that were used in a $9.4 million fraudulent invoice scheme against Amazon.
May 30, 2024
'I Don't Need Help Running The Court,' Judge Chides Attys

A Michigan state judge on Thursday appeared frustrated with attorneys for MGM and its former law firm arguing over potential conflicts in an underlying case, telling them to stop avoiding his questions and saying he didn't "need help running the court."
May 30, 2024
La-Z-Boy Hit With Suit Over Misleading Furniture Pricing

Furniture manufacturer La-Z-Boy Inc. was accused on Thursday in California federal court of falsely advertising the prices of home furnishings sold by its subsidiary.
May 30, 2024
Rite Aid Ch. 11 Timeline Extended To Allow More Plan Review

A New Jersey judge on Thursday lengthened the timeline for Rite Aid to seek an exit from its Chapter 11 bankruptcy, pushing the confirmation hearing date out by seven days after insurers and others said the company's schedule would not provide enough time to review its restructuring plan.
May 30, 2024
Ill. Made 'Big Concession' In 3M PFAS Suit, 7th Circ. Judge Says

A Seventh Circuit judge observed Thursday that the state of Illinois made a "big concession" in its suit accusing 3M of polluting local waters with toxic "forever chemicals" when the state said 3M could avoid liability if Illinois can't prove contamination came exclusively from a particular facility.
May 30, 2024
Divided FTC Won't Delay Kroger-Albertsons In-House Case

The Federal Trade Commission's three Democrats refused Wednesday to delay the agency in-house challenge to Kroger's $24.6 billion purchase of Albertsons, blaming the grocery giants for their scheduling challenges and drawing a sharp dissent from the FTC's two Republicans.
May 30, 2024
Gas Station Chain Owes Wash. Tax For In-Network Sales

A Pacific Northwest gas station chain that issued fuel cards to customers must pay the Washington state business and occupation tax when holders of those cards purchase gas from other participating gas station chains, a Washington appeals court panel found, partially upholding the trial court.
May 30, 2024
Grocery Automation Biz Files Ch. 11 With $13M In Debt

E-grocery automation system maker Takeoff Technologies filed for Chapter 11 protection Thursday in Delaware bankruptcy court with nearly $13 million in debt, saying that, after eight years in business, it had been unable to generate the cash flow it needed to turn a profit.
May 30, 2024
Dollar General Gets To Close Door On Injury Suit

The Georgia Court of Appeals has shut down a patron's suit against Dollar General Store alleging she injured her hand closing a faulty door, saying the hazard was not hidden, she had as much knowledge of it as employees, and she'd negotiated the door successfully earlier the same day.
May 30, 2024
Wine Distribution Giants Must Face Provi's Antitrust Suit

The nation's two largest wine and distilled spirits distributors must face unfair competition claims from an online marketplace accusing them of illegally trying to stifle competition and shut it out of the market, an Illinois federal judge determined Thursday.
May 30, 2024
Minn. Gov. Signs Law For Earlier Cannabis Industry Launch

Minnesota Gov. Tim Walz has signed a bill that imposes a number of changes to the state's marijuana law, including provisions that could allow social equity cannabis applicants to start cultivating the plant for the new market by the end of the year.
May 30, 2024
Commerce Pours Up 203% Duties For Chinese Wine Bottles

The U.S. Department of Commerce set early duties of 202.70% on wine bottles made by eight Chinese manufacturers who did not respond to the agency's questions, while the lone cooperator landed a preliminary rate of 21.14%.

Expert Analysis

6 AI Cases And What They Mean For Copyright Law

Artificial intelligence cases filed last year, some decided and others pending, demonstrate how the appellate courts that set binding precedent look at the intersection between copyright and AI, so legal frameworks must adapt and provide clarity in order to foster innovation, protect creators, and ensure fair and equitable outcomes, say attorneys at Crowell & Moring.
Food And Beverage Policy Trends Cos. Should Track In 2024

The list of legal issues food and beverage companies should watch out for in 2024 include the U.S. Food and Drug Administration’s Human Foods Program, the Food Safety and Inspection Service’s salmonella proposal, Proposition 12 and more, say Bob Hibbert and Amaru Sánchez at Wiley.
Why Fed. Circ. Affirmed Attorney Fee Award In PersonalWeb

A recent Federal Circuit decision to leave a $5.2 million fee award in place in the PersonalWeb patent case underscores district courts' discretion to sanction unreasonable arguments and litigation tactics under the U.S. Code's attorney fee provision, say attorneys at Shearman.
Sale-Leasebacks May Provide A Safe Financing Alternative

Amid rising interest rates and unpredictable market conditions, sale-leasebacks can be a useful investment option for both buyers and sellers, though their potential drawbacks demand careful consideration, says Chanel Di Blasi at Crosbie Gliner.
Compliance Refresher Amid DOL Child Labor Crackdown

In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.
5 Trends That Will Affect Food Litigation In 2024

In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.
The Space Law And Policy Outlook For 2024

Expect significant movement in space law, regulation and policy in 2024, as Congress, the administration and independent federal agencies like the Federal Communications Commission address the increasingly congested, contested and competitive nature of space and the space industry, say Paul Stimers and Leighton Brown at Holland & Knight.
Charting The Course For Digital Assets In 2024

Although 2023 was a tough year for the digital asset industry, upcoming court decisions, legislation and regulatory action will bring clarity, allowing the industry to expand and evolve, and the government will decide what innovation it will allow without challenge, says Joshua Smeltzer at Gray Reed.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
5 Most Notable Class Action Standing Cases Of 2023

Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
Trends Shaping The 2024 Consumer Packaged Goods Industry

The better-for-you segment within the consumer packaged goods industry is poised for a significant evolution in 2024, and industry players must remain agile and adaptive through M&A activities, legal considerations, sustainability initiatives and changing technology, says Christopher Cain at Foley & Lardner.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
A Difficult Year For CRE, But Future May Be Brighter

2023 was a challenging year for the commercial real estate industry, marked by significant uncertainty, but market pressure and signs of rising interest rates provide some reasons to be cautiously optimistic for the year ahead as pandemic headwinds and gridlock fade away, say attorneys at Ropes & Gray.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.