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Retail & E-Commerce
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August 05, 2024
NC Cigarette Co. Challenges $11M In Denied Drawback Claims
A North Carolina-based cigarette distributor is challenging a decision by U.S. Customs and Border Protection in which its request for more than $11 million in drawback duties on cigarette imports was denied, saying the refund claims were timely filed.
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August 05, 2024
Ohio To Launch Legal Recreational Marijuana Sales
Ohio is set to see its first legal recreational marijuana sales on Tuesday after the state's cannabis regulator announced that close to 100 locations were about to be qualified to sell products to customers 21 and over.
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August 05, 2024
Poultry Co. Fights Bid For $217K In Legal Costs For Subpoena
A poultry rendering company suing Tyson Foods for allegedly deploying anticompetitive tactics in order to force a dramatically undervalued buyout is fighting a bid from Darling Ingredients, a nonparty in the suit, to recoup the money spent fighting a subpoena.
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August 05, 2024
Mattel Beats $46M Contract Suit Over Reality Show Idea
A California jury has entered a verdict for Mattel Inc. in a $46 million contract suit brought against it by the company of "Lone Survivor" producer Norton Herrick alleging that the toy-maker stole its idea for a reality show in which inventors pitch toys to child judges, concluding there was no contract breach.
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August 05, 2024
Google Abused Monopoly Over Search Market, Court Finds
A D.C. federal judge ruled on Monday that Google is a monopolist in the general search market and has violated antitrust law by paying billions of dollars to make its search engine the default on devices made by Apple, Samsung and others.
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August 02, 2024
Judge Knocks Stuffing Out Of Build-A-Bear's Missouri IP Suit
A Missouri federal judge on Friday tossed Build-A-Bear Workshop's lawsuit seeking a declaration that its new Skoosherz stuffed toy line doesn't infringe trade dress rights claimed by Kelly Toys' popular Squishmallows, finding that the Missouri court doesn't have jurisdiction over the IP dispute, which is also being litigated in California.
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August 02, 2024
CFPB Takes Fintech Flak Over Credit Card-Like BNPL Policy
The Consumer Financial Protection Bureau is facing fresh industry pushback to its guidance that aims to extend more credit card-like protections to the fintech-dominated market for buy-now, pay-later loans, with key providers arguing it is trying to squeeze a square peg into a round hole.
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August 02, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
In this inaugural edition of Wheeling & Appealing, Law360 recaps recent appellate opinions that made waves, quizzes readers about a new word for judicial grievances, and previews August arguments in circuit courts over controversial wage rules and a seven-figure attorney fee award after a digital age intellectual property trial.
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August 02, 2024
Shopify Fights Off Infringement Suit Over Retail Patents
A Los Angeles federal judge has ruled that the CEO of a failed digital media startup can't sue using patents he landed a few years ago to cover ideas he says Shopify took from him years earlier because the patents aren't inventive enough.
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August 02, 2024
Bed Bath & Beyond Accuses Gamestop CEO Of Insider Trading
The bankrupt big-box housewares retailer once known as Bed Bath & Beyond Inc. sued GameStop CEO Ryan Cohen and his company RC Ventures LLC in New York federal court Thursday, seeking to recover $47 million that it says the defendants made from insider trading not long before the company went belly-up.
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August 02, 2024
5th Circ. Remands FDA's E-Cigarette Product Denials
The Fifth Circuit has once again said that the U.S. Food and Drug Administration acted unlawfully when the agency denied a number of requests from e-cigarette manufacturers seeking permission to sell their flavored vapes.
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August 02, 2024
Microphone Co. Eyes Sanctions After Scoring Win In IP Row
A maker of microphone isolation products that won a trade dress infringement lawsuit at trial has asked a California federal court to order a rival and its counsel to pay its attorney fees because of a "repeated pattern of vexatious litigation in the face of overwhelming and contrary law."
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August 02, 2024
Judge OKs Conn. Furniture Company's $615K Stock Suit Deal
A Connecticut federal judge has given a preliminary nod to a $615,000 settlement between The Lovesac Co., a Connecticut-based furniture maker, and a group of investors angry over financial moves that they say caused the company's stock to slip.
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August 02, 2024
Bike Co. Says It's Lost 'Millions' From Royalty Deal Breaches
A Colorado bicycle company has sued machinery manufacturer Gates Corp. in Denver District Court for allegedly breaking promises under a joint licensing and distribution deal, claiming Gates may be trying to dodge millions of dollars in royalty payments by encouraging rival bicycle makers to use the Colorado company's invention for free.
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August 02, 2024
Investors Say Water Vending Co. Ran $100M Ponzi Scheme
A group of investors alleges that a Washington water-vending machine company bilked them out of more than $100 million in a Ponzi scheme by promising double-digit returns from a growing franchisee network serving Family Dollar stores and other locations.
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August 02, 2024
Ill. Gov. Pritzker Signs BIPA Reform Into Law
Illinois Gov. J.B. Pritzker signed biometric privacy reform legislation into law on Friday, significantly reducing companies' potential liability for collecting or sharing individuals' fingerprint and other biometric data without informed consent.
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August 02, 2024
FDA Warns Online Retailers Against Youth-Appealing Vapes
The U.S. Food and Drug Administration has warned five more online retailers that they are illegally selling vape brands such as Geek Bar, Lost Mary and Bang, according to an announcement that said it called them a "particular concern" because of their popularity to young people.
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August 02, 2024
Conn. AG Probes Solar Site's 'False' Social Media Ads
A company running social media ads that claim the government will "cover the cost" of installing solar products is deceiving Connecticut residents and leaving them with a false sense of urgency to claim a benefit that doesn't exist, the state attorney general's office said Friday in announcing an investigation.
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August 02, 2024
DOJ Says Apple 'Has No Basis' To Delay Discovery
The U.S. Department of Justice is urging a New York federal judge to get the ball rolling on discovery in its case accusing Apple of anticompetitively restricting app access to lock users into the iPhone.
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August 02, 2024
Commerce Rejects Vietnam's Bid For Market Economy Status
The U.S. Department of Commerce said Friday that it has rejected Vietnam's request to lift its status as a non-market economy, which would have altered how antidumping duties are calculated on Vietnamese exports.
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August 02, 2024
Five Below Hit With Investor Suit Over Growth Potential
Discount retail chain Five Below has been sued by investors claiming its executives misled investors about the growth potential of its stores, causing stock prices to tumble.
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August 02, 2024
Dollar Tree To Pay $190K Over Heavy Metals In Kids Products
The Washington state attorney general has announced that Greenbrier International Inc., importer and purchaser for sister company Dollar Tree Stores Inc., has agreed to pay $190,000 and bolster its testing to resolve a probe that the attorney general said found heavy metals in children's school supplies.
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August 02, 2024
Judge Snuffs Out Collectibles Exec's Bid For New Fraud Trial
A New York federal judge has spurned the efforts of a collectibles entrepreneur convicted of fraud to get a new trial, saying notes the defendant believes would have swayed the outcome are not as important as he thinks and probably inadmissible.
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August 02, 2024
Sephora Ex-Manager's Retaliation Suit Lacks Proof, Court Told
Sephora urged a Georgia federal judge Friday to toss a Latina manager's retaliation claims that she was fired for refusing to engage in an allegedly discriminatory hiring scheme that would have prioritized white applicants, arguing her suit lacks proof the company knew about her concerns.
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August 02, 2024
3 Candidates In Running To Replace Washington AG
Washington voters on Tuesday will narrow the candidates aspiring to become the state's next attorney general, choosing from among a former U.S. attorney, a state lawmaker who was a county prosecutor, as well as a mayor and attorney who is a gun rights advocate.
Expert Analysis
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Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence
Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.
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A Rainbow Of Lessons From Fruity Pebbles' TTAB Loss
The Trademark Trial and Appeal Board’s January decision to deny Post Foods' bid to register a trademark on its Fruity Pebbles cereal brand underscores the importance of the interplay among mark description, mark drawing and goods identification when seeking protection for trade dress, say Troy Viger and Jenevieve Maerker at Finnegan.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Md. May See Vigorous Resale Price Maintenance Enforcement
In Maryland, indications of a new focus on resale price maintenance agreements are significant because state prosecution in this area has been rare, particularly outside California, say attorneys at DLA Piper.
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CSA Case Could Shift Intrastate Commercial Cannabis
In Canna Provisions v. Merrick Garland, cannabis companies argue that the Controlled Substances Act is unconstitutional as applied to intrastate commercial cannabis activity; the Massachusetts federal court's eventual decision will be important to the cannabis industry for several reasons, including that the threat of federal enforcement would disappear overnight, says Hilary Bricken at Husch Blackwell.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Shaping Speech Policies After NLRB's BLM Protest Ruling
After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.
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Tips On Numerical Range From Fed. Circ. Philip Morris Ruling
The Federal Circuit's recent RAI v. Philip Morris decision that a patent provided sufficient written description to support a claimed numerical range offers several takeaways for practitioners, including the need for a cautious approach to criticism of ranges, say attorneys at BCLP.
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Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness
The Federal Circuit’s recent ruling in Maxwell v. Amperex Technology highlights the complexities of construing patent claims when seemingly contradictory limitations are present, and that when a narrowing limitation overrides a broader one, they do not necessarily contradict each other, says Roy Wepner at Kaplan Breyer.
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Legal Considerations For Circular Economy Strategies
As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.
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11th Circ. FMLA Ruling Deepens Divide Over Causation
The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.
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2nd Circ.'s Nine West Ruling Clarifies Safe Harbor Confusion
The Second Circuit’s recent ruling in Nine West’s Chapter 11 suit clarifies that courts in the circuit will apply a transfer-by-transfer analysis to determine the applicability of Section 546(e) of the Bankruptcy Code, and that to be safe harbored, a financial institution must act as an agent with respect to the specific transfer at issue, says Leonardo Trivigno at Carter Ledyard.
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Enforcement Risk Amid Increased Consumer Data Use
While no state has introduced a private right of action for noncompliance with a comprehensive consumer privacy law — except for the California Consumer Privacy Act's data breach provision — organizations and retailers face risk from enforcement actions by state attorneys general and privacy regulators, say attorneys at Dentons.