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Retail & E-Commerce
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January 31, 2025
Apple Wants Google Search Case Paused For Appeal
Apple filed an emergency motion asking a Washington, D.C., federal court to pause the landmark monopolization case targeting Google's search dominance while it appeals a decision refusing to allow the company to participate in the upcoming remedies trial.
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January 31, 2025
FCC Urged To Restrict Call Blocking Based On Content
A marketing group has asked the Federal Communications Commission to adjust its safe harbor rules for junk call and text blocking to ensure that businesses can try to contact consumers without being stymied based on the content of their messages.
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January 31, 2025
NJ, 15 Other States Urge 5th Circ. To Revive ATF Trigger Ban
New Jersey led a coalition of 16 states urging the Fifth Circuit to reverse a Texas federal court decision blocking the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives from classifying forced reset triggers as illegal machine guns, arguing, "FRTs are new, but the mechanical principles on which they operate are not."
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January 31, 2025
Target Warehouse Workers Win Class Cert. In NJ Wage Suit
A New Jersey federal judge has granted class certification to Target warehouse workers at three Garden State distribution centers alleging they were required to engage in unpaid work-related activities before and after their shifts, ruling each class member's case hinges on whether their walking time constitutes hours worked.
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January 31, 2025
Investors Say Walgreens Misled Over Prescription Misuse
A putative class of Walgreens shareholders has sued the retail giant in Illinois federal court, claiming it made false statements about its regulatory compliance and that stock prices fell in the wake of the federal government's allegations that Walgreens knowingly filled millions of invalid prescriptions for opioids and other controlled substances.
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January 31, 2025
Stores Urge Neb. Senate Against Hemp Cannabinoid Ban
Store owners have told the Nebraska Senate Judiciary Committee a proposed bill that would ban the sale of any hemp-derived cannabinoids containing more than .3% of any kind of THC would have devastating economic consequences on their businesses.
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January 30, 2025
Amazon 'Siphoned' App Users' Location Data, Suit Claims
Amazon is secretly collecting "incredibly sensitive" information about millions of consumers' precise location and movements through software-building tools embedded on third-party mobile apps, according to a proposed class action filed in California federal court Wednesday.
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January 30, 2025
SEC's Trial Win In VistaPrint Insider Trading Case Stands
A Massachusetts federal judge on Thursday rejected a Lexington man's contention that his conviction for trading VistaPrint options off of nonpublic information resulted from an inconsistent jury verdict, but said the U.S. Securities and Exchange Commission's request he pay $1.8 million in civil penalties for the insider trading was too much.
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January 30, 2025
Grocery Chain Investor Sues Over Systems Upgrade Claims
Discount grocery operator Grocery Outlet Holding Corp. and two of its executives face a proposed investor class action alleging they failed to offer realistic forecasts for the company's internal systems upgrade process, hurting investors after they were forced to acknowledge systems transition issues had hurt profits.
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January 30, 2025
2nd Circ. Voices Unease Over Ex-Iconix CEO's Fraud Retrial
The Second Circuit on Thursday expressed doubt regarding the conviction of Iconix Brand Group founder Neil Cole, who was found guilty of fraudulently booking $11 million of revenue to hit earnings targets, and appeared open to the argument that his retrial violated the double jeopardy clause of the Fifth Amendment.
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January 30, 2025
Card Co. Netspend Inks $1.1M NY AG Deal Over Fees, Freezes
The New York Attorney General's Office said Thursday that Netspend, a fintech debit and prepaid card provider, will pay nearly $1.1 million to settle claims that it charged New Yorkers illegal fees and allowed debt collectors to seize protected funds.
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January 30, 2025
Erewhon, Mother's Market Sued Under Prop 65 For Lead In Chips
Erewhon and Mother's Market & Kitchen sold kale chips with cadmium and lead, which could cause cancer and reproductive harm, a consumer protection group said Wednesday in a complaint in California state court that seeks to hold them liable for violations of Proposition 65.
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January 30, 2025
Google Judge Leery Of Administration Of $90M Antitrust Deal
A California federal judge overseeing Google's $90 million antitrust deal with Play Store developers expressed "doubt" Thursday about the decision of counsel representing smaller developer plaintiffs to stay with an administration company handling the settlement distribution, two months after criticizing the administrator's work as "the worst performance I've seen."
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January 30, 2025
Circle K Gas Franchise Hit With Data Breach Class Action
Gas and convenience store chain Circle K was hit with a proposed class action in Georgia federal court over allegations that it failed to adequately safeguard the sensitive personal information of its employees during a May 2024 data breach.
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January 30, 2025
Consumers Want L'Oréal Acne Products Suits In Hawaii
Plaintiffs suing L'Oréal for selling acne products that could break down into the carcinogen benzene took a second stab at consolidating their lawsuits, asking the U.S. Judicial Panel on Multidistrict Litigation on Thursday to join the suits in Hawaii.
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January 30, 2025
Canadian Pot Equipment CEO Says CBP Illegally Booted Him
The Canadian CEO of a company that makes cannabis agricultural equipment has sued the U.S. Homeland Security Department and Customs and Border Protection, saying they detained him at the U.S.-Canada border and ordered his removal for allegedly abetting the spread of narcotics despite a prior U.S. Court of International Trade finding that his company was operating legally.
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January 30, 2025
Amazon Can't Lob 'Hail Mary' In Price-Gouging Suit, AG Says
Washington's attorney general said Wednesday that Amazon can't dodge a proposed class action alleging price-gouging during the COVID-19 pandemic, telling a federal judge that a pivotal state high court ruling in the case was clear on how Washington law allows the consumers to sue.
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January 30, 2025
Ga. Businesses 'Over The Moon' With Tort Reform Proposals
Georgia Gov. Brian Kemp unveiled a long-awaited tort reform package Thursday that, if passed, would limit businesses' premises liability, limit plaintiffs' attorneys' rhetoric around damages and require increased disclosures for third-party litigation funding, among a slew of other proposals.
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January 30, 2025
Meta VR Headsets Are Not 'Wireless Telephones,' Judge Says
A federal judge in the Western District of Texas has decided Meta's Quest brand of virtual reality headsets can't be considered "wireless telephones" in a patent lawsuit just because they come preinstalled with the Messenger app, which can take calls.
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January 30, 2025
Takeaways From Jack Daniel's Latest Dog Toy Win
Jack Daniel's won the latest round last week in its long-running legal battle against the maker of a squeaky, poop-themed dog toy that mimics the whiskey maker's famous bottles, with an Arizona federal judge ruling that VIP Products' parody tarnishes Jack Daniel's brand by associating it with feces.
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January 30, 2025
Turkey Buyers' $32M Cargill Price-Fix Deal Scores Early OK
Turkey buyers' proposal for a $32 million settlement of price-fixing claims against Cargill sailed through the initial approval stage Thursday as an Illinois federal judge praised the deal as "substantial" relief for the class.
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January 30, 2025
2nd Circ. Backs Valentino $200K Award In Copyright Feud
The Second Circuit on Thursday affirmed the enforcement of a Milanese arbitral award favoring Italian luxury fashion house Valentino following a copyright dispute with a New York-based designer, agreeing with a lower court that the parties' contract delegated jurisdictional questions to an arbitrator.
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January 30, 2025
Rumors Fly As Trump Seeks Deal To Keep TikTok Alive
President Donald Trump seems to be getting exactly the "bidding war" he wanted as multiple entities fight for a role in keeping TikTok available in the U.S. Here, Law360 provides a rundown of the latest rumors and developments in the TikTok saga, along with other notable rumors from the past week.
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January 30, 2025
Drivers' Collective Cert. In Amazon Suit Won't Go To 9th Circ.
Amazon didn't show how letting the Ninth Circuit mull a collective certification will speed up litigation in an 8-year-old suit accusing the company of misclassifying workers as independent contractors, a Washington federal judge ruled, denying the company's appeal bid.
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January 29, 2025
Turkey Producers Say Burford Unit's Suit Is Purely Profit-Led
Turkey producers fighting consolidated price-fixing claims in Illinois urged a federal judge Tuesday to kick a Burford Capital Investment unit's claims out of the case on summary judgment, arguing the action exists solely because of the litigation funder's drive to profit from a lawsuit.
Expert Analysis
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Series
In The CFPB Playbook: Making Good On Bold Promises
The U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's funding structure in the second quarter cleared the way for the bureau to resume a number of high-priority initiatives, and it appears poised to charge ahead in working toward its aggressive preelection agenda, say Andrew Arculin and Paula Vigo Marqués at Blank Rome.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Dapper Settlement Offers Rules Of The Road For NFT Issuers
The terms of a $4 million settlement in a class action alleging that Dapper Labs sold its NBA Top Shot Moments as unregistered securities may be a model for third parties that wish to avoid securities liability in connection with offering digital asset non-fungible token collectibles, say attorneys at K&L Gates.
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Opinion
'Trump Too Small' Ruling Overlooks TM Registration Issues
The U.S. Supreme Court's decision last month in Vidal v. Elster, which concluded that “Trump Too Small” cannot be a registered trademark as it violates a federal prohibition, fails to consider modern-day, real-world implications for trademark owners who are denied access to federal registration, say Tiffany Gehrke and Alexa Spitz at Marshall Gerstein.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Constitutional Protections For Cannabis Companies Are Hazy
Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Anticipating Disputes In Small Biz Partnerships And LLCs
In light of persistently high failures of small business partnerships and limited liability companies, mediator Frank Burke discusses proactive strategies for protecting and defining business rights and responsibilities, as well as reactive measures for owners.
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The Often Overlooked NY Foreclosure Notice Requirements
As multifamily real estate defaults mount, New York foreclosing parties should be aware of pitfalls and perils that can await the litigant who is not prepared to ensure adherence with tenant notice requirements under the Real Property Actions and Proceedings Law, say Christopher Gorman and John Muldoon at Rosenberg & Estis.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.