Retail & E-Commerce

  • August 22, 2024

    Gunmaker, Web Developer Eye Mediation In Data Breach Suit

    A federal magistrate judge in Connecticut on Thursday agreed to slide expert witness deadlines into January 2025 and class certification deadlines into March, April and May so that a proposed class of customers can pursue mediation with gunmaker Sturm, Ruger & Co. Inc. and a web developer in a data breach lawsuit.

  • August 21, 2024

    Tobacco Cos. Ask Justices To Review FDA's New Warnings

    R.J. Reynolds Tobacco Co. is urging the U.S. Supreme Court to review a Fifth Circuit decision affirming an FDA rule mandating new health warnings on cigarette packaging and advertisements, arguing that the court created an unjustified circuit split when it found the graphic warnings are "purely factual and uncontroversial."

  • August 21, 2024

    No Coverage For CVS In Additional Opioid Actions

    A Delaware state court ruled that CVS cannot get coverage for over 200 opioid-related actions that remained at issue after the pharmacy chain and its insurers agreed that thousands of other opioid suits aren't covered, finding the remaining suits asserted claims for economic harm, not bodily injury or property damage.

  • August 21, 2024

    Northern Trust's $2.5M Deal Approved In AutoZone 401(k) Suit

    A Tennessee federal judge on Wednesday granted preliminary approval to a $2.5 million deal to end class claims from participants in AutoZone's 401(k) employee plan who alleged Northern Trust shirked its duties as their 401(k)'s investment adviser.

  • August 21, 2024

    8th Circ. Reboots Fed Swipe Fee Suit After High Court Ruling

    An Eighth Circuit panel on Wednesday remanded a suit challenging Federal Reserve debit card swipe fee rules, ordering new proceedings in the case after the U.S. Supreme Court ruled that it was not untimely after all.

  • August 21, 2024

    Insurers Escape Calif. Starbucks Drive-Thru Easement Row

    A California appeals court affirmed a lower court decision, finding commercial property insurers didn't have to defend an owner who allegedly tricked one tenant into signing an easement agreement for a parking lot, neglecting to mention it would be used by a Starbucks drive-thru.

  • August 21, 2024

    AT&T, Verizon, T-Mobile Accused Of Blocking Wi-Fi Calling

    A patent-holding company said Wednesday it has filed a lawsuit accusing AT&T, Verizon, T-Mobile and Deutsche Telekom of blocking the emergence of a market for Wi-Fi calling by tying the service to voice and text offerings.

  • August 21, 2024

    Ropes & Gray Reps TJ Maxx On $360M Brands For Less Deal

    The parent company of department store chain TJ Maxx, led by Ropes & Gray LLP, announced Wednesday that it has agreed to take on a 35% stake in Dubai-based Brands For Less for about $360 million.

  • August 21, 2024

    FTC Can't Stop $8.5B Merger, Handbag Cos. Say

    The owners of Coach and Michael Kors urged a New York federal court not to pause their planned $8.5 billion merger, saying a challenge from the Federal Trade Commission ignores the hundreds of options consumers have when shopping for handbags.

  • August 21, 2024

    RI Pot Regulators Eye Dismissal Of Fla. Resident's Challenge

    Rhode Island's marijuana regulator has asked a federal judge to toss a challenge brought by a Florida resident alleging the state's scheme for awarding retail cannabis licenses is unconstitutional, saying that process hasn't even been established yet.

  • August 21, 2024

    Shein Says Temu Engaged In Coordinated IP Theft

    Fashion firm Shein hit the companies behind e-commerce platform Temu with an intellectual property suit alleging Temu trains suppliers to specifically infringe Shein's copyrights and trademarks and misappropriate its trade secrets to help secure "an unearned and illicit foothold" in the U.S. market."

  • August 20, 2024

    Amazon Stuck With $525M IP Loss, Plus $148M In Interest

    An Illinois federal judge on Tuesday refused to disturb a jury's $525 million verdict in favor of software company Kove IO Inc. in a dispute with Amazon over cloud data storage patents, rejecting Amazon's argument that there wasn't enough evidence and holding that Kove is entitled to roughly $147.7 million in prejudgment interest.

  • August 20, 2024

    Apple Says iCloud Monopoly Suit Can't Stay Afloat

    Apple has told a California federal judge that it's time to boot a proposed class action that accuses it of flouting federal antitrust laws by blocking third-party cloud storage services from accessing and storing certain files on its smartphones.

  • August 20, 2024

    Fireball Maker Fights Class Cert. In Malt Labeling Suit

    The makers of Fireball have urged a California federal judge not to grant class certification to buyers who claim the single-serving Fireball malt beverages mislead consumers into thinking they're buying Fireball's Cinnamon Whisky product, saying their experts' proposed surveys don't show wide-ranging deception.

  • August 20, 2024

    Energy Department Says Dishwasher Case Lacks Jurisdiction

    The U.S. Department of Energy says anyone who wants to challenge a new rule governing how efficiently household appliances need to manage water usage must do so in a circuit court, claiming a Texas federal court lacks jurisdiction to hear the case.

  • August 20, 2024

    Wash. Judges Won't Upend Tobacco Payout Ruling

    A Washington appellate court on Monday rejected attempts by Philip Morris and other tobacco companies to pay the state less under a 1998 master settlement agreement, upholding an arbitrator's determination that the state was enforcing a law covering payment.

  • August 20, 2024

    Trade Judge Says Ban On Chocolate Mix Was Flouted

    The U.S. International Trade Commission found that four grocers violated a ban on selling an imported chocolate malt drink mix that infringed a New Jersey supplier's Bournvita mark, according to an announcement from the agency.

  • August 20, 2024

    SharkNinja Urges Mass. Court To Reject Dyson Patent Claims

    SharkNinja is asking a federal judge in Massachusetts to deem it has not infringed five patents held by rival vacuum-maker Dyson, three months after Dyson brought a patent infringement claim against SharkNinja in Texas over the same patents.

  • August 20, 2024

    Mich. Man To Face Loan, Wire Fraud Charges Despite Mistrial

    A Michigan business owner already accused of COVID-19 loan fraud cannot have a superseding wire fraud charge tossed even though a mistrial was declared in the loan fraud case, a Michigan federal judge has ruled.

  • August 20, 2024

    Under Armour Looks To End Case From Ex-Supplier

    Under Armour Inc. asked a Pennsylvania federal court to end a former supplier's claims that it blocked competition for recovery-enhancing clothing, saying the company is not a competitor and has no evidence supporting its antitrust or other claims.

  • August 20, 2024

    Forward Air Investor Urges Co. To Evaluate Sale Options

    Forward Air Corp. top-10 shareholder Ancora Holdings Group LLC on Tuesday urged the asset-light transportation services provider's board of directors to evaluate "any and all" strategic alternatives after Forward Air's $3.2 billion merger with Omni Logistics LLC "wiped out a tremendous amount" of shareholder value.

  • August 20, 2024

    Texas Franchisee Accuses Party City Of Monopolizing Market

    An operator of Party City franchise stores accused the party supply retailer's parent company of monopolizing the party goods market, saying the company seeks to drive its competitors, including franchisees, out of business through its use of unfair competition, illegal price-fixing and bad faith business practices.

  • August 20, 2024

    Albertsons Stole 'Schedule & Save' Tech, Seattle Co. Says

    A Seattle software company is claiming Albertsons breached a deal to develop an automated service for customers to replenish their go-to purchases, saying the grocery giant abandoned the contract amid its pending merger with Kroger and launched a "nearly identical" system in a trade secret ripoff.

  • August 20, 2024

    Ex-NFLer Says False Claim He's 'Insolvent' Merits Sanctions

    A former NFL player has asked a state judge to sanction a former employee who recently dropped her sexual abuse claims by saying he was likely "insolvent" and unlikely to pay even if she won, arguing the false comments about his finances cost him work opportunities. 

  • August 20, 2024

    Mich. Pot Dispensary Chain Sued Over Seller Tip Theft Claims

    The owner of a chain of Michigan-based dispensaries, Stash Ventures, was hit with a proposed class action lawsuit, accusing management of stealing large portions of tips meant for retail workers.

Expert Analysis

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • A Refresher On Alcohol Sponsorships Before The Super Bowl

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    As millions of people will see in Super Bowl commercials Sunday, celebrity sponsorships continue to be a valuable tool for alcohol beverage marketers — and those looking to better target audiences must understand how regulation of the alcohol industry affects these deals, say attorneys at McDermott.

  • Opinion

    Food Safety Bill Needed To Protect Kids From Heavy Metals

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    The recent announcement by the Centers for Disease Control and Prevention that hundreds of children may have been exposed to unsafe lead levels in applesauce highlights the continuing failure by Congress to pass legislation that would require baby food manufacturers to ensure safer levels of heavy metals in their products, says Vineet Dubey at Custodio & Dubey.

  • What Brands Must Know For Calif. Recycle Label Compliance

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    A brand that stamps nonrecyclable packaging with the chasing arrows symbol could face liability under California's new law on labeling recyclable material, so brand owners should keep an eye on the state's pending survey process to identify which materials meet the criteria before requirements go into effect, say attorneys at ArentFox Schiff.

  • Del. Dispatch: Clarification On Fiduciary Duties Of Controllers

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    The Delaware Chancery Court’s January opinion in a Sears Hometown and Outlet Stores' stockholder dispute — holding that a controlling stockholder owes the company and minority shareholders some fiduciary duties when selling shares or voting to change the status quo — suggests instances where investors opposing board decisions should tread carefully, say attorneys at Fried Frank.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Amazon's €32M Data Protection Fine Acts As Employer Caveat

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    The recent decision by French data privacy regulator CNIL to fine Amazon for excessive surveillance of its workers opens up a raft of potential employment law, data protection and breach of contract issues, and offers a clear warning that companies need coherent justification for monitoring employees, say Robert Smedley and William Richmond-Coggan at Freeths.

  • Expediting Psychedelics Approvals In The EU, UK, Australia

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    Accelerated pathways for regulatory approvals for psychedelic drugs in the European Union, U.K. and Australia is indispensable to facilitate a seamless advancement of treatments from the research environment to the consumer, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.

  • Assessing Merger Guideline Feedback With Machine Learning

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    Large language modeling appears to show that public sentiment matches agency intent around the new merger control guidelines from the Federal Trade Commission and U.S. Justice Department, says Andrew Sfekas at Cornerstone Research.

  • Series

    ESG Around The World: Brazil

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    Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.

  • Vagueness In Calif. Climate Law Makes Compliance Tricky

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    California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Opinion

    Nebraska Should Abandon Proposed Digital Ad Tax

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    If passed, Nebraska’s recently proposed Advertising Services Tax Act, which would finance property tax relief by imposing a 7.5% gross revenue tax on advertising services, would cause a politically risky shift of tax burdens from landowners to local businesses and consumers, and would most certainly face litigation, say attorneys at McDermott.

  • What Retailers Should Note In Calif. Web Tracking Suits

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    As retailers face a deluge of class actions alleging the use of conventional web analytic tools violate wiretapping and eavesdropping provisions of the California Invasion of Privacy Act, uncovering the path toward a narrow interpretation of the law will largely depend on how these cases proceed, say Matthew Pearson and Kareem Salem at BakerHostetler.

  • Chancery's Sears Ruling Clarifies Stockholder Duties

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    In a recent landmark decision involving stockholders of Sears Hometown and Outlet Stores, the Delaware Chancery Court addressed for the first time what precise duties a controlling stockholder owes, highlighting that controller interference with board action is not per se invalid and that enhanced scrutiny is a reasonableness test, say Christopher Chuff and Taylor Bartholomew at Troutman Pepper.

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