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Retail & E-Commerce
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June 10, 2024
Apple IPhone Antitrust MDL Heads To NJ, Where DOJ Is Suing
Apple customers accusing the company of locking in iPhone users through anticompetitive agreements will have their cases consolidated in New Jersey, the U.S. Judicial Panel on Multidistrict Litigation ruled Friday, finding the parties can coordinate with the U.S. Department of Justice's enforcement action there to avoid duplicative discovery and inconsistent rulings.
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June 10, 2024
NY Governor Appoints New Interim Head Of Pot Regulator
New York Gov. Kathy Hochul on Monday announced new leadership appointments to the state's cannabis regulator, following the release of an investigative audit that blasted the agency for inefficiencies and precipitated the stepping down of its inaugural executive director.
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June 10, 2024
Calif. Cannabis Co. Stiiizy Wants Delta-8 Product Suit Tossed
A California cannabis company urged an Illinois federal judge to toss a consumer-led false advertising lawsuit alleging it put higher levels of THC in its vape pens than federally allowed, saying the buyers didn't even purchase the one product that was allegedly tested.
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June 10, 2024
Kan. Court Rejects Valuation Based On Overturned Precedent
The Kansas Board of Tax Appeals incorrectly relied on overturned precedent when it lowered a Home Depot's property value by almost $2 million, the Kansas Appeals Court ruled.
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June 10, 2024
Juul Ends FOIA Suit Over FDA E-Cig Decisions
Vaping company Juul Labs Inc. has agreed to drop its Freedom of Information Act lawsuit against the U.S. Food and Drug Administration that sought to obtain documents related to the agency's order requiring its e-cigarettes to be pulled off the market.
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June 10, 2024
Vista Outdoor Rejects MNC's Over $3B Takeover Bid
Vista Outdoor Inc. said Monday that it rejected MNC Capital Partners' over $3 billion takeover offer that it lobbed at the outdoor goods company last week, while simultaneously announcing a new $2 billion offer for its sporting products division from an undisclosed U.S.-based private investment firm.
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June 10, 2024
Justices Skip Kroger's TM Feud With Grubhub Over Logo
The U.S. Supreme Court on Monday declined to review a Seventh Circuit finding that Grubhub Inc.'s fork-and-knife logo does not infringe a similar emblem used by Kroger's meal-kit delivery service Home Chef.
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June 07, 2024
Motley Rice Allocated Biggest Share Of $2B Opioid Fees
A panel directed with allocating $2.13 billion in attorney fees stemming from opioid settlements has recommended awarding the largest shares of the pot to Motley Rice LLC, Simmons Hanly Conroy LLC and Napoli Shkolnik PLLC, according to a report filed Friday in Ohio federal court.
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June 07, 2024
Casper Investors Ink $3M Deal Over Mattress Co.'s Woes
Investors in mattress company Casper Sleep Inc. have asked a Brooklyn federal judge for an initial nod for their $3 million deal that would end claims the company misrepresented its financial prospects in the lead-up to its February 2020 initial public offering.
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June 07, 2024
Texas Jury Clears Michaels In Paint-By-Number TM Suit
Arts and crafts retailer Michaels Stores Inc. did not infringe a paint-by-number company's trademarks to create a competing product, a Texas federal jury determined.
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June 07, 2024
Don't Delay In-House Handbags Case For Fed. Court, FTC Told
Federal Trade Commission staffers are urging the commission not to delay an in-house challenge to the planned $8.5 billion merger combining the parent companies of Coach and Michael Kors, arguing that a separate New York federal court fight won't automatically determine the deal's fate.
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June 07, 2024
Trade Commission Votes To Advance Solar Cell Investigations
The four heads of the U.S. International Trade Commission voted unanimously Friday to continue anti-dumping and countervailing duty investigations into solar cell imports from Cambodia, Malaysia, Thailand and Vietnam, finding evidence that the imports harmed domestic solar manufacturers.
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June 07, 2024
High Court's 'Narrow' Jack Daniel's Opinion Having Big Impact
When the U.S. Supreme Court decided a year ago that the maker of a squeaky dog toy that looks like a Jack Daniel’s whiskey bottle had no free speech protections against trademark infringement claims, the justices described their holding as narrow, but lawyers and academics are now suggesting the opinion is having broader implications.
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June 07, 2024
3 IPEF Agreements Done, But Still No Sign Of Trade Pillar
Three of the four "pillars" of the Indo-Pacific Economic Framework for Prosperity and the initiative's overarching agreement are now complete, the U.S. Department of Commerce has announced, but there's still no timeline for finishing the deal's trade pillar
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June 07, 2024
NetChoice Challenges 'Onerous' Ga. E-Commerce Law
NetChoice LLC, an industry group representing some of America's largest e-commerce platforms, filed suit hoping to block a new Georgia law they say "jumps the tracks" from reasonable oversight and monitoring requirements to laying down "impermissible investigation mandates."
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June 07, 2024
COVID Test Supplier Sees $1.4M Default Loss In Gopuff Suit
A Connecticut federal court on Friday handed a medical supply company a default loss in a suit by online retail delivery service Gopuff alleging that the supplier failed to fulfill an order for nearly 106,000 COVID-19 test kits, ordering the company to pay roughly $1.4 million.
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June 07, 2024
Pilgrim's Pride Largely Can't Pause Chicken Farmers' Suit
An Oklahoma federal judge largely refused Friday to pause a lawsuit accusing Pilgrim's Pride of conspiring with other chicken producers to suppress farmer compensation while Pilgrim's appeals certification of over 24,000 farmers, finding it does not matter if the $2.77 billion damages claim might pressure the company to settle.
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June 07, 2024
Rite Aid Can Borrow Another $75M In Ch. 11 Plan Pursuit
Bankrupt retail drug-store chain Rite Aid Corp. received court approval on Friday in New Jersey for an amended debtor-in-possession financing package that provides $75 million in new-money financing as it moves toward confirmation of a Chapter 11 plan.
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June 07, 2024
Dreamland Falsely Touts Safe Weighted Swaddle, Parent Says
Dreamland Baby Co. "boldly markets" its weighted swaddles and blankets as pediatrician-approved and safe for babies and toddlers, but medical associations and government regulators have condemned these kinds of weighted products as being harmful, according to a proposed class action filed Thursday in California federal court.
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June 07, 2024
GOP Sens. Look To Sanction ICC Over Netanyahu Warrant
Following the House's passage of a bill to sanction the International Criminal Court for issuing an arrest warrant for Israeli Prime Minister Benjamin Netanyahu, Senate Republicans are pushing for their chamber to follow the House's lead.
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June 07, 2024
GOP Lawmakers Want Chinese Battery Cos. Blacklisted
Republican lawmakers urged the U.S. Department of Homeland Security to add two Chinese battery makers to an import blacklist for having ties to a Chinese government entity that the U.S. government has sanctioned for human rights abuses against China's Uyghur minority.
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June 07, 2024
Justices Are Asked To Ax 9th Circ. Price Discrimination Test
A retail trade association is coming to 5-Hour Energy's defense, calling for the U.S. Supreme Court to take up the energy drink-maker's petition challenging a 2023 Ninth Circuit ruling that revived claims from a group of wholesalers alleging that the company engaged in illegal price-fixing advantaging Costco.
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June 07, 2024
6th Circ. Sides With Hemp Co. In CVS Deal Commission Row
The Sixth Circuit has sided with hemp producers operating under Ecofibre Ltd. in a dispute with a group of businesses that sought commissions for linking the hemp companies with CVS, saying the businesses' prior concessions at the trial court dooms their new arguments on appeal.
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June 07, 2024
Carhartt Heir's Atty Cleared On 2 Counts; Deadlock On Rest
A Michigan state jury in Detroit on Friday partially cleared a Michigan attorney accused of stealing millions of dollars from his wealthy client, the late Carhartt company heiress Gretchen Valade, but jurors could not agree on two of four charges.
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June 07, 2024
Shein's Pursuit Of London IPO Proves US-China Rift Persists
Online fashion giant Shein's expected pivot to London rather than the United States for its initial public offering — triggered by persistent tensions between China and the U.S. — will be closely watched by IPO prospects mulling where to list their shares in a dicey geopolitical climate, experts say.
Expert Analysis
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A New Push To Clear Up Marijuana's Foggy Legal Status
A recently publicized U.S. Food and Drug Administration recommendation to reschedule marijuana has reignited discourse over the drug's federal legal status — and although rescheduling would mitigate the legal risks for the industry and drastically increase the resources available for industry participants, the path forward will not be clear cut, say Joseph Cioffi and Louis DiLorenzo at Davis+Gilbert.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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The Corporate Transparency Act Isn't Dead Yet
After an Alabama federal court's ruling last week rendering the Corporate Transparency Act unconstitutional, changes to the law may ultimately be required, but ongoing compliance is still the best course of action for most, says George Singer at Holland & Hart.
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New FinCEN Guide Provides Useful BOI Context For Banks
Financial institutions should review a new Financial Crimes Enforcement Network compliance guide for helpful details about how the agency's beneficial ownership information database should be used, though questions remain about the access rule and whether it will truly streamline bank borrowers' Corporate Transparency Act due diligence, says George Singer at Holland & Hart.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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2 Emerging Defenses For Website Tracking Class Actions
Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Steps For Companies New To Sanctions Compliance
Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Key Lessons After A Rare R&W Insurance Ruling
The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.