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Retail & E-Commerce
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December 16, 2024
Amazon Ordered To Pay Patent Biz For New Alexa Users Too
A Delaware federal judge says Amazon has to pay around 70 cents for every new Alexa user to a company that owns patents developed by a defunct voice technology startup, in addition to the $40 million it already owes after losing a jury trial last year.
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December 16, 2024
Sony To Pay $7.8M To 4M PlayStation Gamers In Antitrust Fight
Sony Interactive Entertainment will pay $7.85 million to more than 4 million gamers to settle a proposed class action accusing the company of overcharging PlayStation Store customers via a monopoly on downloadable game cards, according to a motion for preliminary approval filed Friday in California federal court.
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December 16, 2024
Walmart Customer Resolves Faulty Basketball Hoop Suit
A Louisiana man and retail giant Walmart have come to a resolution over the customer's product liability lawsuit concerning an allegedly defective basketball hoop that injured his hand, according to a notice of resolution in Louisiana federal court.
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December 16, 2024
DraftKings Sued In NY For Secret Use Of Meta Tracking Pixel
A New York City resident filed a proposed class action against DraftKings, alleging the sports betting company intentionally disclosed personal information of its customers to third parties for targeted advertising, in violation of the federal Video Privacy Protection Act.
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December 16, 2024
Albertsons Says Kroger 'Squandered' $25B Merger Bid
The Kroger Co. Inc. "willfully squandered" opportunities to complete a now-blocked $24.6 billion mega-merger with Albertsons Cos. Inc., according to an unsealed five-count lawsuit in Delaware's Court of Chancery potentially seeking billions in damages.
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December 16, 2024
Pot Co. Stiiizy Accused Of Pushing High-THC Wares On Teens
California cannabis giant Stiiizy has been accused of marketing dangerous high-potency THC products to young people, allegedly resulting in cannabis-induced psychosis in two users who brought a product liability and fraud suit in Los Angeles state court.
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December 16, 2024
Experienced Retail Adviser Joins Hunton In DC
Hunton Andrews Kurth LLP announced Monday that a longtime vice president and senior counsel at the National Retail Federation has joined the firm's Washington, D.C., office as a public policy and government relations partner.
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December 16, 2024
Vape Cos. Say Ky. Regulations Violate Federal Law
A vaping company association along with a retailer and wholesaler are challenging a Kentucky law regulating e-cigarettes, saying that it conflicts with the Food, Drug and Cosmetic Act by purporting to enforce U.S. Food and Drug Administration standards.
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December 16, 2024
Gibson Dunn Guides Vera Wang In Sale Of IP To WHP Global
New York-based brand management firm WHP Global, advised by Kirkland & Ellis LLP and Pryor Cashman LLP, on Monday announced that it has agreed to buy all the intellectual property of Gibson Dunn & Crutcher LLP-advised luxury designer brand Vera Wang.
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December 13, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a group of franchise operators hit Vodafone with a £120 million ($151 million) claim for allegedly imposing commission cuts, green energy tycoon Dale Vince pursue another libel action against the publisher of the Daily Mail, and parcel delivery giant Yodel face a claim by an investor that helped save it from collapse earlier in the year.
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December 13, 2024
Auto Mogul Must Turn Over Note Info In $127M Collection Row
An auto mogul, his living trust and one of his companies must turn over documents related to a $20 million payment on promissory notes as part of marathon litigation related to Alter Domus LLC's attempts to collect on a $127 million judgment, a Michigan federal judge has ruled.
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December 13, 2024
ITC To Review Design Patent Case Over Blue-Soled Shoes
The U.S. International Trade Commission has agreed to investigate whether a New York-based company and a group of overseas entities are importing women's flats that infringe design patents belonging to the maker of Tieks shoes.
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December 13, 2024
NC Justices Topple Insurer Victory In COVID Coverage Battle
The North Carolina Supreme Court handed policyholders a rare win Friday in their bid to get property insurance coverage for their pandemic-related business interruption losses, unanimously finding that the insuring phrase "direct physical loss" included the loss of use of property due to COVID-19 public health orders.
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December 13, 2024
Sexual Abuse, Price-Gouging Bills Clear Michigan Senate
Michigan state senators passed a flurry of bills during a marathon session ending early Friday morning, including legislation giving sexual assault victims more time to file lawsuits, strengthening protections against price-gouging and expanding polluter liability.
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December 13, 2024
Cannabis Co. Says Budtender Must Arbitrate Tip Pool Suit
A cannabis company urged a Michigan federal court to nix a lawsuit by a budtender accusing it of implementing a mandatory tip pool that was shared with supervisors, saying the worker signed a valid arbitration agreement that keeps this case out of court.
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December 12, 2024
Koch Foods Demands $178K For 'Burdensome' Subpoena
Koch Foods has become the latest nonparty to an antitrust fight between Tyson Foods and a poultry rendering company to try to recover a six-figure legal bill from the latter company, after Koch said it was forced to comply with a "broad and ambiguous subpoena" for its communications with Tyson.
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December 12, 2024
NY Judge Bars Pot Regulator From Processing Retail Apps
A New York state judge Thursday ordered cannabis regulators to stop processing applications submitted by would-be marijuana sellers who did not secure a location for their proposed pot shop before November of last year, leaving hundreds of prospective retailers in limbo.
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December 12, 2024
Amazon Can't Nix Class, Collective Claims In Pay Bias Suit
A Washington federal judge on Thursday said Amazon cannot throw out proposed class and collective claims that it systematically paid women less than their male counterparts, saying the case is not "so hopeless" that certification is impossible down the road.
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December 12, 2024
Bausch And Lomb Says Potential Sale In The Works
Bausch and Lomb Corp. on Thursday confirmed reports that it is exploring a potential sale, acting in response to a request from the Canadian Investment Regulatory Organization.
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December 12, 2024
Cannabis Shops Ask DC Judge To Halt Store Shutdowns
A coalition of Washington, D.C.-based recreational marijuana shops is asking a D.C. federal judge to put a stop to district regulators' enforcement actions against their stores, saying the businesses face "imminent destruction" absent an injunction.
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December 12, 2024
Minnesota Cannabis Authority Nixes Social Equity Lottery
Minnesota's cannabis regulators are scrapping the special license lottery for social equity applicants, opting to go with a general applicant lottery since a state court put a pause on their original plans.
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December 12, 2024
Farmers Market Wraps Up Ex-Worker's Harassment Suit
An Atlanta-area Sprouts Farmers Market has struck a deal with an ex-employee who said she was fired for calling out a co-worker's offensive comments about her sexuality, according to a filing in Georgia federal court.
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December 12, 2024
FTC Dusts Off Price Bias Law In Booze Distributor Suit
The Federal Trade Commission sued Southern Glazer's Wine and Spirits LLC in California federal court on Thursday, dusting off a long-dormant price discrimination law with allegations that the country's largest alcohol distributor offered dramatic and unjustified discounts to large retailers that left smaller stores in the lurch.
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December 11, 2024
Flo Rida's Trial Win Against Celsius Largely Upheld On Appeal
A Florida state appellate court Wednesday largely affirmed rapper Flo Rida's $83.6 million trial win against Celsius Holdings Inc., reversing only on the beverage company's contention that the trial court should have measured stock valuation at an alleged breach of contract date instead of at the time of trial.
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December 11, 2024
Grocery Store Rulings Back Enforcers' Merger Approach
Federal and state enforcers scored key victories Tuesday with a pair of court rulings blocking the planned $24.6 billion merger between Kroger and Albertsons that largely adopted their allegations about the deal and rejected a proposal to unload nearly 600 stores to save it.
Expert Analysis
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Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'
The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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The Trade And Tax Issues Behind US-Canada Digital Tax Clash
The new Canadian digital services tax recently went into effect despite objections from the U.S., a controversy that represents an unusual mix of trade and tax policy, and many companies have been pondering how it will affect their e-commerce businesses, says Damon Pike at BDO.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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A Look At How De Minimis Import Rules May Soon Change
The planned implementation of executive actions focused on the de minimis rule as it applies to shipments means companies should use this interval to evaluate the potential applicability and impact of Section 301, Section 201 or Section 232 duties on their products, say attorneys at Holland & Knight.
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Antitrust Issues To Watch Amid Google Ad Tech Trial
Regardless of the outcome of the U.S. Department of Justice's advertising technology antitrust suit against Google in Virginia federal court, matters ranging from market definition to unified pricing will likely have far-reaching implications for the digital advertising industry, competition and innovation, say attorneys at Holland & Knight.
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What To Know About Latest Calif. Auto-Renewal Law Update
While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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How To Avoid Liability When Using Cookie Consent Managers
As companies attempt to comply with consumer protection laws by implementing cookie consent managers on their websites, they must be wary of separate legal risks that can stem from implementing or using these tools incorrectly, says Ian Cohen at LOKKER.
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Basel Endgame Rules: A Change Is Coming
The Federal Reserve Board's recently announced recalibration of the Basel endgame proposal begins a critical chapter in the evolution of not only the safety and soundness of U.S. banks, but also of banks' abilities to lend and support American businesses and consumers, say attorneys at Davis Wright.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.