Retail & E-Commerce

  • December 16, 2024

    DraftKings Sued In NY For Secret Use Of Meta Tracking Pixel

    A New York City resident filed a proposed class action against DraftKings, alleging the sports betting company intentionally disclosed personal information of its customers to third parties for targeted advertising, in violation of the federal Video Privacy Protection Act.

  • December 16, 2024

    Albertsons Says Kroger 'Squandered' $25B Merger Bid

    The Kroger Co. Inc. "willfully squandered" opportunities to complete a now-blocked $24.6 billion mega-merger with Albertsons Cos. Inc., according to an unsealed five-count lawsuit in Delaware's Court of Chancery potentially seeking billions in damages.

  • December 16, 2024

    Pot Co. Stiiizy Accused Of Pushing High-THC Wares On Teens

    California cannabis giant Stiiizy has been accused of marketing dangerous high-potency THC products to young people, allegedly resulting in cannabis-induced psychosis in two users who brought a product liability and fraud suit in Los Angeles state court.

  • December 16, 2024

    Experienced Retail Adviser Joins Hunton In DC

    Hunton Andrews Kurth LLP announced Monday that a longtime vice president and senior counsel at the National Retail Federation has joined the firm's Washington, D.C., office as a public policy and government relations partner.

  • December 16, 2024

    Vape Cos. Say Ky. Regulations Violate Federal Law

    A vaping company association along with a retailer and wholesaler are challenging a Kentucky law regulating e-cigarettes, saying that it conflicts with the Food, Drug and Cosmetic Act by purporting to enforce U.S. Food and Drug Administration standards.

  • December 16, 2024

    Gibson Dunn Guides Vera Wang In Sale Of IP To WHP Global

    New York-based brand management firm WHP Global, advised by Kirkland & Ellis LLP and Pryor Cashman LLP, on Monday announced that it has agreed to buy all the intellectual property of Gibson Dunn & Crutcher LLP-advised luxury designer brand Vera Wang.

  • December 13, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a group of franchise operators hit Vodafone with a £120 million ($151 million) claim for allegedly imposing commission cuts, green energy tycoon Dale Vince pursue another libel action against the publisher of the Daily Mail, and parcel delivery giant Yodel face a claim by an investor that helped save it from collapse earlier in the year.

  • December 13, 2024

    Auto Mogul Must Turn Over Note Info In $127M Collection Row

    An auto mogul, his living trust and one of his companies must turn over documents related to a $20 million payment on promissory notes as part of marathon litigation related to Alter Domus LLC's attempts to collect on a $127 million judgment, a Michigan federal judge has ruled.

  • December 13, 2024

    ITC To Review Design Patent Case Over Blue-Soled Shoes

    The U.S. International Trade Commission has agreed to investigate whether a New York-based company and a group of overseas entities are importing women's flats that infringe design patents belonging to the maker of Tieks shoes.

  • December 13, 2024

    NC Justices Topple Insurer Victory In COVID Coverage Battle

    The North Carolina Supreme Court handed policyholders a rare win Friday in their bid to get property insurance coverage for their pandemic-related business interruption losses, unanimously finding that the insuring phrase "direct physical loss" included the loss of use of property due to COVID-19 public health orders.

  • December 13, 2024

    Sexual Abuse, Price-Gouging Bills Clear Michigan Senate

    Michigan state senators passed a flurry of bills during a marathon session ending early Friday morning, including legislation giving sexual assault victims more time to file lawsuits, strengthening protections against price-gouging and expanding polluter liability.

  • December 13, 2024

    Cannabis Co. Says Budtender Must Arbitrate Tip Pool Suit

    A cannabis company urged a Michigan federal court to nix a lawsuit by a budtender accusing it of implementing a mandatory tip pool that was shared with supervisors, saying the worker signed a valid arbitration agreement that keeps this case out of court.

  • December 12, 2024

    Koch Foods Demands $178K For 'Burdensome' Subpoena

    Koch Foods has become the latest nonparty to an antitrust fight between Tyson Foods and a poultry rendering company to try to recover a six-figure legal bill from the latter company, after Koch said it was forced to comply with a "broad and ambiguous subpoena" for its communications with Tyson.

  • December 12, 2024

    NY Judge Bars Pot Regulator From Processing Retail Apps

    A New York state judge Thursday ordered cannabis regulators to stop processing applications submitted by would-be marijuana sellers who did not secure a location for their proposed pot shop before November of last year, leaving hundreds of prospective retailers in limbo.

  • December 12, 2024

    Amazon Can't Nix Class, Collective Claims In Pay Bias Suit

    A Washington federal judge on Thursday said Amazon cannot throw out proposed class and collective claims that it systematically paid women less than their male counterparts, saying the case is not "so hopeless" that certification is impossible down the road.

  • December 12, 2024

    Bausch And Lomb Says Potential Sale In The Works

    Bausch and Lomb Corp. on Thursday confirmed reports that it is exploring a potential sale, acting in response to a request from the Canadian Investment Regulatory Organization.

  • December 12, 2024

    Cannabis Shops Ask DC Judge To Halt Store Shutdowns

    A coalition of Washington, D.C.-based recreational marijuana shops is asking a D.C. federal judge to put a stop to district regulators' enforcement actions against their stores, saying the businesses face "imminent destruction" absent an injunction.

  • December 12, 2024

    Minnesota Cannabis Authority Nixes Social Equity Lottery

    Minnesota's cannabis regulators are scrapping the special license lottery for social equity applicants, opting to go with a general applicant lottery since a state court put a pause on their original plans.

  • December 12, 2024

    Farmers Market Wraps Up Ex-Worker's Harassment Suit

    An Atlanta-area Sprouts Farmers Market has struck a deal with an ex-employee who said she was fired for calling out a co-worker's offensive comments about her sexuality, according to a filing in Georgia federal court.

  • December 12, 2024

    FTC Dusts Off Price Bias Law In Booze Distributor Suit

    The Federal Trade Commission sued Southern Glazer's Wine and Spirits LLC in California federal court on Thursday, dusting off a long-dormant price discrimination law with allegations that the country's largest alcohol distributor offered dramatic and unjustified discounts to large retailers that left smaller stores in the lurch.

  • December 11, 2024

    Flo Rida's Trial Win Against Celsius Largely Upheld On Appeal

    A Florida state appellate court Wednesday largely affirmed rapper Flo Rida's $83.6 million trial win against Celsius Holdings Inc., reversing only on the beverage company's contention that the trial court should have measured stock valuation at an alleged breach of contract date instead of at the time of trial.

  • December 11, 2024

    Grocery Store Rulings Back Enforcers' Merger Approach

    Federal and state enforcers scored key victories Tuesday with a pair of court rulings blocking the planned $24.6 billion merger between Kroger and Albertsons that largely adopted their allegations about the deal and rejected a proposal to unload nearly 600 stores to save it.

  • December 11, 2024

    Wyoming Defends Hemp Law At 10th Circ.

    Wyoming's hemp law, which imposes new restrictions on hemp-derived THC and bans products with more than 0.3% THC, should continue uninterrupted, the state told the Tenth Circuit, saying the statute is neither unconstitutional nor preempted by federal law.

  • December 11, 2024

    Cross-Border Criminal Antitrust Trial Will Stay In Houston

    A case against a group of defendants accused of using violence to monopolize the cross-border sale of used cars from the U.S. into Central America must stay in Houston, a federal judge ruled this week.

  • December 11, 2024

    WordPress Parent Must Restore WP Engine's Access

    A California federal judge issued a preliminary injunction on Tuesday restoring WP Engine's access to WordPress while the web hosting company pursues its antitrust allegations against WordPress parent Automattic and CEO Matthew Mullenweg, claiming it was blocked from the site after refusing to pay millions of dollars to Automattic.

Expert Analysis

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • What To Make Of Dueling Corporate Transparency Act Rulings

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    Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Deadline Extension Highlights PFAS Reporting Complexities

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    The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.

  • 2nd Circ. American Girl Ruling Alters Test Purchase Norms

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    The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Cos. Face Increasing Risk From Environmental Citizen Suits

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    Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • 2nd Circ. Provides NY Pathway For Fighting Foreign Infringers

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    A recent decision from the U.S. Court of Appeals for the Second Circuit provides a road map for expeditiously obtaining personal jurisdiction in New York against foreign trademark infringers based on a single purchase of counterfeit goods, meaning the Second Circuit could now be the preferred venue for combating foreign infringement, says Jeffrey Ratinoff at Spencer Fane.

  • Challenge To Ill. Card Fee Law Explores Compliance Hurdles

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    A recent federal lawsuit challenging an Illinois law that will soon forbid electronic payment networks from charging fees for processing the tax and tip portions of card transactions, fleshes out the glaring compliance challenges and exposure risks financial institutions must be ready to face next summer, says Martin Kiernan at Amundsen Davis.

  • Recent Securities Cases Highlight Risks In AI Disclosures

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    Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

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