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Retail & E-Commerce
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December 18, 2024
11th Circ. Considers Reviving Developer's I-20 Truck Stop Suit
A Georgia property owner and his company urged the Eleventh Circuit on Wednesday to revive their suit challenging a Rockdale County ordinance that thwarted plans for a new QuikTrip truck stop near Interstate 20.
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December 18, 2024
CFPB Says Credit Card Point Devaluation May Break The Law
The Consumer Financial Protection Bureau warned Wednesday that credit card companies risk violating federal law when they or their merchant partners devalue rewards points and miles banked by their cardholders, casting it as a potential "bait-and-switch."
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December 17, 2024
Fla. Judge Trims Suit Over Misrepresented Pickleball Paddles
A Florida federal judge on Tuesday declined to completely toss a proposed class action brought by a pickleball player accusing a paddle manufacturer of deceptively marketing its products as certified by the sport's governing body, dismissing the suit's breach of warranty counts but saying its primary consumer protection claims would remain intact.
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December 17, 2024
Judge Cuts Upper Deck's Disney Card Game Suit
A Washington federal judge has pared down a toy company's suit accusing a competitor of improperly luring away a former contractor and infringing copyrighted material in making a Disney-branded game, partially letting claims involving unfair competition and fraudulent misrepresentations proceed while dismissing others.
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December 17, 2024
Alcohol Co. Sued Over Biz Hangover After COVID Lockdowns
Alcoholic beverage manufacturer MGP Ingredients Inc. has been hit with a proposed investor class action alleging the company misled the public about the continued success of its business following its exponential growth during the COVID-19 pandemic and related lockdowns.
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December 17, 2024
Franchise Group Can Keep Exclusive Control Of Its Ch. 11
A Delaware bankruptcy judge on Tuesday denied a motion to end the plan exclusivity window and other bankruptcy rights for debtors in Franchise Group Inc.'s Chapter 11, saying possible intercompany claims don't justify relief that the debtor argued would plunge the case into chaos.
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December 17, 2024
Neiman Marcus Owes Model $1.25M Over Fallen Painting
Neiman Marcus owes $1.25 million in damages to a former model who alleges that she suffered a concussion when a 13-pound painting fell from the wall inside its store and struck her on the head, a Pennsylvania federal jury decided Tuesday, following a multiday trial.
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December 17, 2024
2nd Circ. Says Sears Trustee Can Keep Mall Of America Lease
The Second Circuit has upheld a district court order obliging the return of bankrupt Sears Holding Corp.'s lease in Minnesota's Mall of America to SHC's liquidating trustee, finding in part the mall's earlier lease was not a "true" contract.
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December 17, 2024
Google-Apple Collusion Plaintiff Asks 9th Circ. To Revive Suit
A California crane operator training school asked the Ninth Circuit on Monday to revive its case accusing Google of paying Apple to refrain from developing its own search engine in light of a recent Washington, D.C., federal judge's decision that Google monopolizes the search market.
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December 17, 2024
The Biggest Copyright Decisions Of 2024
The U.S. Supreme Court made it possible for copyright plaintiffs to pursue damages for periods longer than three years — while leaving lawyers speculating about how long the ruling will stand — and the Second Circuit put an end to a free digital library. Here are Law360's picks for the top copyright decisions of 2024.
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December 17, 2024
FTC, Meta Fight Over Monopolization Trial Limits
Meta Platforms and the FTC are butting heads about how to structure the trial they are hurtling toward in April in D.C. federal court over the agency's monopolization claims, trading barbs Tuesday and trying to make their cases for how they think the multiweek trial should look.
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December 17, 2024
Mich. Couple Sues Town For Allowing Pot Co. To Expand
A Michigan couple claim a township is retaliating against them because of the husband's outspoken opposition to the recreational marijuana industry, accusing the municipal leadership of allowing a grow facility to expand next to their property and forcing them to "raise their children in a home that smells of marijuana."
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December 17, 2024
SEC Says Express Didn't Disclose $1M In Ex-CEO Perks
Express Inc. failed to disclose nearly $1 million worth of perks and personal benefits to former CEO Tim Baxter, according to a settlement released Tuesday by the U.S. Securities and Exchange Commission, which declined to levy a civil penalty against the fashion retailer in light of its cooperation and remediation.
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December 17, 2024
Starbucks Baristas Authorize Strike Amid First Contract Talks
Unionized Starbucks baristas have voted to authorize a strike at the coffee giant, Workers United announced Tuesday, as the parties went back to the negotiating table with outstanding issues for first contracts related to wages, benefits and settling unfair labor practice claims.
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December 17, 2024
Apple Fights Epic's Atty Privilege Challenge Win Over Docs
Apple has asked a California federal judge to overturn a magistrate judge and allow it to withhold documents in a discovery spat with Epic Games, arguing Monday the documents in the antitrust case aren't simply business analyses but rather, reflect "'legal advice on a business decision,' which is protected."
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December 17, 2024
Express Inc.'s Post-Sale Ch. 11 Liquidation Plan Approved
A Delaware bankruptcy judge on Tuesday confirmed the Chapter 11 liquidation plan for the estate of clothing retailer Express Inc., after the debtor sold the business this summer for $174 million.
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December 17, 2024
Supercuts Owner Cuts Deal To End Ex-Worker's OT Suit
The owner of nearly 400 Supercuts and other hair salons agreed to pay $15,000 to resolve a suit from a former employee accusing it of failing to account for commissions and other nondiscretionary bonuses when calculating her overtime rates, a filing in Michigan federal court said.
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December 16, 2024
Circuit-By-Circuit Guide To 2024's Most Memorable Moments
One judge said a litigant's position would cause "an effing nightmare," and another decried the legal community's silence amid "illegitimate aspersions." Public officials literally trashed one court's opinion, and fateful rulings dealt with controversial politicians, social media and decades of environmental policy. Those were just a few appellate highlights in 2024, a year teeming with memorable moments both substantive and sensational.
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December 16, 2024
Amazon Puts Speed Over Worker Safety, Sanders Report Says
Amazon prioritizes speed and profit over warehouse workers' safety, and the company has ignored its own internal studies on how to improve workplace safety, according to a report Sen. Bernie Sanders has released that Amazon vehemently derided late Monday as an attempt to support a false "preconceived narrative."
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December 16, 2024
'Plans Do Matter,' Tempur Sealy Says In Final Merger Hearing
Tempur Sealy made its final push Monday in support of its $4 billion planned Mattress Firm purchase, telling a judge during closing arguments that the Federal Trade Commission hadn't shown that the company planned to deviate from its intent for Mattress Firm to remain autonomous.
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December 16, 2024
Merger Enforcers End Year On Upswing
The Biden administration's antitrust enforcers have boasted that one side effect of their aggressive approach to merger enforcement has been helping stop problematic deals from being cut in the first place, but the agencies also scored key court rulings blocking transactions in their final year that could have a more enduring effect.
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December 16, 2024
Amazon Judge Again Doubts Late-Delivery Refund Claim
A Washington federal judge suggested Monday an Amazon.com customer paying extra for a specific delivery time should expect their package to arrive within that time frame, but she questioned why the putative class action plaintiff never requested a refund of the shipping fees.
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December 16, 2024
Amazon Ordered To Pay Patent Biz For New Alexa Users Too
A Delaware federal judge says Amazon has to pay around 70 cents for every new Alexa user to a company that owns patents developed by a defunct voice technology startup, in addition to the $40 million it already owes after losing a jury trial last year.
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December 16, 2024
Sony To Pay $7.8M To 4M PlayStation Gamers In Antitrust Fight
Sony Interactive Entertainment will pay $7.85 million to more than 4 million gamers to settle a proposed class action accusing the company of overcharging PlayStation Store customers via a monopoly on downloadable game cards, according to a motion for preliminary approval filed Friday in California federal court.
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December 16, 2024
Walmart Customer Resolves Faulty Basketball Hoop Suit
A Louisiana man and retail giant Walmart have come to a resolution over the customer's product liability lawsuit concerning an allegedly defective basketball hoop that injured his hand, according to a notice of resolution in Louisiana federal court.
Expert Analysis
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Planning For Cyber Incident Reporting Requirements In Sports
Attorneys at Wiley discuss the proposed rules under the Cybersecurity Incident Reporting for Critical Infrastructure Act that would impose extensive reporting requirements on professional and collegiate athletic organizations, universities and sports venues, including defining a covered entity and analyzing the types of events that would trigger reporting.
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Fed. Circ. Ruling May Signal Software Patent Landscape Shift
The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.
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FDIC Guidance Puts Next-Gen ATMs In Regulatory Spotlight
The boring existence of ATMs is changing thanks to the emergence of new-age interactive teller machines, prompting the Federal Deposit Insurance Corp. to sound off in a potentially influential August letter to branches on which services might need regulatory approval, says Thomas Walker at Jones Walker.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Amazon Holiday Pay Case Underscores Overtime Challenges
The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.
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Understanding New ACH Network Anti-Fraud Rules
Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.
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Opinion
It's Time To Sound The Alarm About Lost Labor Rights
In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.
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Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus
Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.