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Retail & E-Commerce
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July 03, 2024
Akerman Beats DQ Bid In Sneaker Product IP Battle
Akerman LLP can't be disqualified from defending a manufacturing company against claims that it stole from a social media influencer it partnered with to sell sneaker care products, a California federal judge has ruled.
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July 02, 2024
Vroom Settles With FTC Over Deceptive Ads, Late Deliveries
Texas-based used car company Vroom will pay $1 million to settle allegations it misleadingly advertised to customers that its used vehicles listed for sale were thoroughly inspected and failed to promptly refund customers when their cars weren't delivered within the represented 10-to-14 day time-frame, the Federal Trade Commission announced on Tuesday.
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July 02, 2024
DraftKings Must Face Securities Suit Over NFTs
A Massachusetts federal judge won't toss a proposed class action claiming that DraftKings Inc. sold unregistered non-fungible tokens on its marketplace, ruling that the suit plausibly alleges that the company falsely advertised that its NFTs would appreciate in value.
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July 02, 2024
Apple Says It's Too Early For Discovery In DOJ Antitrust Case
There's no need to get the ball rolling on discovery in the U.S. Department of Justice's case accusing Apple of monopolizing the smartphone market until the New Jersey federal court overseeing the case decides if it's going to dismiss it entirely, the tech giant argued.
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July 02, 2024
Court Must Toss Customs Broker's Unripe Suit, Feds Say
U.S. Customs and Border Protection pushed to dismiss a customs broker's suit over its allegedly unlawful removal from two programs that expedite import entries at the border, saying its decisions were not final and are, therefore, not ready for judicial review.
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July 02, 2024
Kipling Apparel Can't Nix 'Phantom' Discount Suit
A California federal judge on Monday refused to toss a proposed class action alleging that bag maker Kipling Apparel Corp. used "phantom" discounts to make outlet store customers believe they were getting price cuts, but she said the plaintiff had failed to show that damages would be insufficient compensation.
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July 02, 2024
Turkish Co. Says Feds Mistook Tax Exemptions For Subsidies
A Turkish steel company challenged new countervailing duties on steel concrete rebar, telling the U.S. Court of International Trade that the federal government allegedly misidentified a widely available tax exemption as a subsidy providing an unfair market advantage.
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July 02, 2024
Amazon's PillPack Settles TCPA Class Suit
Amazon.com affiliate PillPack LLC has settled a class action alleging it was responsible for illegal telemarketing calls made to consumers without their consent, the parties said Tuesday in a notice filed in Washington federal court.
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July 02, 2024
Amway Parent Inks $1.5M Deal To End Retirees' 401(k) Suit
Amway's parent company will pay over $1.5 million to resolve a class action claiming it loaded its employee 401(k) plan with shoddy investments and excessive fees, plan participants leading the suit told a Michigan federal court.
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July 02, 2024
McKinsey Wants To Arbitrate Ex-Partner's Defamation Suit
McKinsey & Co. has urged a New York state judge to send to arbitration or dismiss a former partner's defamation lawsuit alleging the consulting giant tried to make him a scapegoat for purported evidence destruction amid a U.S. Department of Justice probe into McKinsey's work with opioid makers.
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July 02, 2024
Levi & Korsinsky Appointed Lead In Instacart Pre-IPO Action
Levi & Korsinsky LLP has been appointed lead counsel for the investors in a suit alleging the grocery delivery company Instacart misrepresented its growth potential in the lead-up to its initial public offering.
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July 02, 2024
Grocer Wants Its Workers Out Of Peanut Allergy Death Suit
Grocery chain Stew Leonard's told a Connecticut federal judge on Tuesday that there is "not a potentially plausible claim" against the eight of its individual employees named in a lawsuit brought by the family of a consumer who died after eating a cookie she bought that had not been labeled as containing peanuts.
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July 02, 2024
Chancery Cuts Sears Shareholders' $18.3M Award To $8.7M
Minority stockholders of Sears Hometown and Outlet Stores saw their class award in Delaware Chancery Court litigation trimmed from $18.3 million to $8.7 million Tuesday after former Sears CEO Edward S. Lampert and his co-defendants protested that the court had erred in its calculations.
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July 02, 2024
Jollibee Buying Compose Coffee Majority Stake In $340M Deal
Filipino global food chain Jollibee Foods Corp. disclosed in a securities filing Tuesday it is acquiring 70% of South Korean coffee franchise Compose Coffee at a roughly $340 million valuation, through its wholly owned subsidiary Jollibee Worldwide Pte.
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July 02, 2024
Commerce Finds No Proof Of Mexican Coolants' Duty Evasion
The U.S. Department of Commerce found little evidence to support claims that Chinese cooling chemicals were being mixed in Mexico to dodge duties on a particular refrigerant, the agency announced following its preliminary circumvention inquiry.
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July 02, 2024
FTC Challenges Tempur Sealy's $4B Mattress Firm Deal
The Federal Trade Commission moved Tuesday to block Tempur Sealy International Inc.'s planned $4 billion purchase of Mattress Firm Group Inc., saying the world's largest mattress supplier intends to use the deal to block its rivals from accessing the largest retail mattress chain in the U.S.
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July 02, 2024
Supreme Court Won't Hear Ill. Gun Ban Dispute
The U.S. Supreme Court on Tuesday declined to review a Seventh Circuit decision upholding laws by the state of Illinois and a Chicago suburb banning the sale of assault weapons.
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July 02, 2024
High Court Agrees To Review FDA's Flavored E-Cig Denial
The U.S. Supreme Court on Tuesday granted the U.S. Food and Drug Administration's petition to review a Fifth Circuit decision overturning its denial of a flavored e-cigarette marketing application.
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July 01, 2024
High Court's 1-2 Punch Sets Up Long-Standing Regs For KO
By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.
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July 01, 2024
Crumbl Aims To Burn Privacy Suit Over Info-Tracking Cookies
Crumbl LLC has urged a California federal judge to dismiss a proposed class action alleging the cookie maker helped payments processor Stripe Inc. illegally track customer activity and collect sensitive information via website cookies, saying the plaintiff's "poorly drafted" complaint fails to allege an underlying privacy violation.
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July 01, 2024
Visa, Mastercard Judge Says Apple Fee Case Should Exit MDL
The Brooklyn federal judge handling multidistrict litigation over Visa and Mastercard merchant fees on Monday suggested that a case alleging the credit card companies had agreements with Apple that violated antitrust law should be sent back to Illinois federal court, saying the facts in the case are not similar enough.
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July 01, 2024
Gluten Abounds In Trader Joe's Gluten-Free Bagels, Suit Says
Trader Joe's has been hit with a proposed class action in California federal court claiming its "Gluten Free Almost Everything Bagels" actually contain high levels of gluten that exceed the legal limits for the claim.
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July 01, 2024
No Resolution In Sight For Trade Pact Auto Rules Dispute
The U.S. automotive industry is weighed down by a trade dispute over treaty requirements to source locally manufactured parts and uncertainty regarding how the rules will apply to electric vehicles, the Office of the U.S. Trade Representative said in a report Monday.
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July 01, 2024
Carvana Seeks Toss Of Chancery Suit Alleging Faulty Sales
An attorney for online used-car sales giant Carvana Inc. on Monday urged Delaware's chancellor to toss or stay what he described as a derivative damages case "repackaged" from past or pending federal securities actions that "have not fared well."
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July 01, 2024
School Supply Co. Seeks Duty Erasure For Pencil Imports
A classroom supplies company urged the U.S. Court of International Trade to free its pencil imports from an anti-dumping duty on Chinese goods, saying U.S. trade officials mistakenly broadened the duty to include pencils made in the Philippines.
Expert Analysis
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Shopify Ruling May Support Personal-Jurisdiction Defenses
Litigators, cybersecurity practitioners and web-based entities should all take note of the Ninth Circuit’s recent ruling in Briskin v. Shopify, as it could lend significant support to personal-jurisdiction defenses, but such entities should still consider how their operations might tie them to certain states, say John Gray and Patrick McCormick at Lewis Roca.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.