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Retail & E-Commerce
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January 06, 2025
Pa. Licensing Law For Vape-Makers Flawed, Panel Finds
Part of Pennsylvania's law regulating licenses for e-cigarette manufacturers is unconstitutional because it gives legislative power to the state's Department of Revenue, an appellate court has ruled in an issue of first impression.
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January 06, 2025
Judge Rejects Rape Kit Seller's 2nd Bid To Pause Wash. Ban
A Washington federal judge has denied a request for an injunction pending appeal by a company challenging the state's ban on the sale of "DIY" DNA collection kits for sexual assault survivors, reiterating his prior ruling that the law passes constitutional muster because it regulates conduct and not speech.
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January 06, 2025
Cosmetic Laser School's Certificates 'Worthless,' Suit Says
A proposed class of cosmetic laser students has hit National Laser Institute LLC and CEO Louis "the Laser Guy" Silberman with a federal fraud complaint claiming the certifications they received based on promises of immediate career entry and earning potential are actually "worthless" because Illinois doesn't recognize the practice of medical esthetics.
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January 06, 2025
Toolmaker's Batteries Are Fire-Prone, Class Claims
The company behind SKIL power tools has been hit with a proposed consumer fraud class action targeting a recently recalled lithium-ion battery an Illinois customer says can catch fire, hurting people and damaging their property.
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January 06, 2025
FTC Blasts Tempur Sealy's New Floor-Space Promise
The Federal Trade Commission told a Texas federal court a revised commitment from Tempur Sealy to preserve floor space for rivals in Mattress Firm stores would not restore the competition lost by a merger of the companies because it cannot be enforced.
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January 06, 2025
Paul Hastings, Cravath Steer Pork Giant Smithfield's IPO Filing
Pork producer Smithfield Foods Inc. on Monday submitted the year's first filing for an initial public offering, part of a spinoff from China's WH Group Ltd., represented by Paul Hastings LLP and underwriters' counsel Cravath Swaine & Moore LLP.
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January 06, 2025
NY Pot Agencies Want Hemp Regulations Challenge Tossed
New York's state cannabis regulators are urging a federal court to throw out a challenge to its new hemp regulations, saying that the new rules are necessary to close a loophole through which retailers were selling products that were technically hemp, but are as intoxicating as cannabis.
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January 06, 2025
Riddell Eyes Transfer Of Suit Over Allegedly Defective Helmet
Riddell Inc. is urging a Texas federal judge to transfer to a different part of the state a lawsuit alleging a defect in its helmets led to a life-altering injury for a high school student, arguing the Tyler Division is a "clearly more convenient" location.
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January 06, 2025
US Wants More Time To Counter Altria's $106M Tax Refund Bid
Tobacco giant Altria's complaint seeking a $106 million tax refund related to its interests in beverage company Anheuser-Busch requires more research to counter in the event a Virginia federal court decides it can move forward, the U.S. government said in requesting time for potential discovery.
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January 06, 2025
Olshan Frome, Ellenoff Grossman Guide Gun Biz SPAC Deal
Online firearm retailer GrabAGun, advised by Olshan Frome Wolosky LLP, announced plans on Monday to go public through a $150 million merger with special purpose acquisition company Colombier II, led by Ellenoff Grossman & Schole LLP.
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January 03, 2025
Netgear, Huawei Settle Calif. RICO Suit Over Wi-Fi SEPs
Netgear and Huawei informed a California federal judge Friday that they have resolved their racketeering dispute and asked for a 30-day stay to finalize their deal, weeks after Netgear sought to block Huawei from seeking injunctions through patent actions pending in foreign courts and a German court found Netgear infringed Huawei's Wi-Fi patents.
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January 03, 2025
FTC Fines AI Software Co. $1M Over Web Accessibility Claims
Software maker accessiBe will pay the Federal Trade Commission $1 million to settle the agency's allegations that the company misrepresented how its artificial intelligence-powered tool could make websites compliant with international guidelines for disability accessibility, the FTC announced Friday.
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January 03, 2025
TTAB Rejects Watchmaker's Design Registration Bids
The Trademark Trial and Appeal Board has shot down an attempt by Audemars Piguet Holding to register a pair of watch design configurations, saying an examiner was right to reject the watchmaker's bids based on the application's drawings.
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January 03, 2025
FTC Dems Eye Merger Review, Noncompete Legacy
Federal Trade Commission Democrats started the new year with legacy on the brain, urging the soon-to-be Republican majority in a pair of statements to preserve their more "stringent approach" to merger review and their currently blocked ban on employment noncompete agreements, despite heavy criticism both received from their GOP peers.
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January 03, 2025
Pool Co. Denied New Trial On TM Claims After Winning $16M
A North Carolina pool parts supplier can't retry trademark infringement claims after securing a $16 million false advertising and unfair business practices judgment against a rival Chinese company accused of misleading customers, a federal judge ruled this week.
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January 03, 2025
Meta Wants Advertising Monopoly Suit Nixed
Meta said that a group of advertisers accusing the company of monopolizing the social media advertising market have nothing more than its profits to point to in their damages bid, writing in a new summary judgment motion that extensive discovery has only shown how baseless the suit is.
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January 03, 2025
Staples Faces Another Unpaid OT Pay Class Action In Calif.
Staples forced employees to work through breaks and regularly required them to do tasks like helping shoppers before clocking in and without being compensated, according to a proposed wage class action removed to California federal court Thursday, echoing similar wage violation claims alleged by Staples workers filed in the last year.
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January 03, 2025
Food Delivery App Inks $80M Deal To End SPAC Merger Suit
Investors suing mobile food delivery and ride-hailing services operator Grab Holdings Ltd. have asked a New York federal judge to preliminarily approve an $80 million deal to settle claims that several sections of a proxy statement Grab filed with a special purpose acquisition company were false and misleading.
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January 03, 2025
Hemp Cos. Tell 10th Circ. New Law Is Unconstitutional
A group of hemp companies challenging a new Wyoming law restricting their products told the Tenth Circuit on Thursday the policy is unconstitutional and their appeal is ripe despite the lower court dismissing their suit.
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January 03, 2025
Texas City, Sheriff Say Retailers' Suit Should Go Up In Smoke
The city of Allen, Texas, and the Collin County sheriff are asking a Texas federal court to throw out a suit alleging they illegally raided a smoke shop selling hemp products, arguing in separate motions that the complaint falls far short of supporting its claims.
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January 03, 2025
Calif. Panel Says PAGA Suits Always Have Individual Claims
A delivery worker's individual claims against Target's shipping partner under California's Private Attorneys General Act belong in arbitration, a state appellate panel said, disagreeing with a trial court's decision that her suit only had representative claims.
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January 03, 2025
Delivery Drivers Win Class Status In Misclassification Suit
An Illinois federal judge greenlighted a 130-member class of truck delivery drivers who accuse a logistics company of misclassifying them as independent contractors, saying the workers are sufficiently similar even if some of them hired helpers.
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January 02, 2025
Dyson, SharkNinja Put Down Blades In Sprawling Patent Fight
Dyson Inc. and its rival SharkNinja Inc. have informed federal judges in Texas and Massachusetts that they've reached a settlement in their sprawling patent fight spanning multiple jurisdictions over vacuum cleaner appliances, and they have requested a stay in the litigation.
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January 02, 2025
Colo. Lets Big Box Stores Flout Liquor License Cap, Suit Says
Three Colorado liquor store chains are suing state regulators for allegedly allowing investors in big-box retailers and grocery stores to ignore limits on liquor licenses while "exerting significant pressure" on liquor retailers, according to a complaint accusing the state of unfair enforcement.
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January 02, 2025
Stanley Cup Maker Sued Over Alleged Lid Hazard
The Seattle-based maker of the trending Stanley-brand tumbler has been hit with a proposed class action in Washington federal court by a New York consumer accusing the manufacturer of failing to adequately compensate customers for a lid defect that led to the recall of 2.6 million travel mugs.
Expert Analysis
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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A Legal Perspective On NYC's Retail Real Estate Evolution
As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.
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The Fashion Industry Should Prep Now For State PFAS Bans
New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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Implementing Human Rights Due Diligence
The Bureau of Industry and Security’s recent removal of a Canadian surveillance provider from its export blacklist, after just eight months, illustrates the importance of integrating human rights due diligence into the vetting process by asking a few targeted questions, say attorneys at Cravath.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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Key Points From New Maritime Oil Price Cap Advisory
The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.
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Best Practices For Influencer Trademark Protection
Though the Trademark Trial and Appeal Board recently decided that an influencer couldn't qualify for a retail services trademark registration for posting affiliate links to a third-party website, there are other trademark protections that influencers can pursue for their branding and marketing services, say attorneys at Nixon Peabody.
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Takeaways From Final Regulations For China Investment Ban
The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.