Retail & E-Commerce

  • June 10, 2024

    NY Governor Appoints New Interim Head Of Pot Regulator

    New York Gov. Kathy Hochul on Monday announced new leadership appointments to the state's cannabis regulator, following the release of an investigative audit that blasted the agency for inefficiencies and precipitated the stepping down of its inaugural executive director.

  • June 10, 2024

    Calif. Cannabis Co. Stiiizy Wants Delta-8 Product Suit Tossed

    A California cannabis company urged an Illinois federal judge to toss a consumer-led false advertising lawsuit alleging it put higher levels of THC in its vape pens than federally allowed, saying the buyers didn't even purchase the one product that was allegedly tested.

  • June 10, 2024

    Kan. Court Rejects Valuation Based On Overturned Precedent

    The Kansas Board of Tax Appeals incorrectly relied on overturned precedent when it lowered a Home Depot's property value by almost $2 million, the Kansas Appeals Court ruled.

  • June 10, 2024

    Juul Ends FOIA Suit Over FDA E-Cig Decisions

    Vaping company Juul Labs Inc. has agreed to drop its Freedom of Information Act lawsuit against the U.S. Food and Drug Administration that sought to obtain documents related to the agency's order requiring its e-cigarettes to be pulled off the market.

  • June 10, 2024

    Vista Outdoor Rejects MNC's Over $3B Takeover Bid

    Vista Outdoor Inc. said Monday that it rejected MNC Capital Partners' over $3 billion takeover offer that it lobbed at the outdoor goods company last week, while simultaneously announcing a new $2 billion offer for its sporting products division from an undisclosed U.S.-based private investment firm.

  • June 10, 2024

    Justices Skip Kroger's TM Feud With Grubhub Over Logo

    The U.S. Supreme Court on Monday declined to review a Seventh Circuit finding that Grubhub Inc.'s fork-and-knife logo does not infringe a similar emblem used by Kroger's meal-kit delivery service Home Chef.

  • June 07, 2024

    Motley Rice Allocated Biggest Share Of $2B Opioid Fees

    A panel directed with allocating $2.13 billion in attorney fees stemming from opioid settlements has recommended awarding the largest shares of the pot to Motley Rice LLC, Simmons Hanly Conroy LLC and Napoli Shkolnik PLLC, according to a report filed Friday in Ohio federal court.

  • June 07, 2024

    Casper Investors Ink $3M Deal Over Mattress Co.'s Woes

    Investors in mattress company Casper Sleep Inc. have asked a Brooklyn federal judge for an initial nod for their $3 million deal that would end claims the company misrepresented its financial prospects in the lead-up to its February 2020 initial public offering.

  • June 07, 2024

    Texas Jury Clears Michaels In Paint-By-Number TM Suit

    Arts and crafts retailer Michaels Stores Inc. did not infringe a paint-by-number company's trademarks to create a competing product, a Texas federal jury determined.

  • June 07, 2024

    Don't Delay In-House Handbags Case For Fed. Court, FTC Told

    Federal Trade Commission staffers are urging the commission not to delay an in-house challenge to the planned $8.5 billion merger combining the parent companies of Coach and Michael Kors, arguing that a separate New York federal court fight won't automatically determine the deal's fate.

  • June 07, 2024

    Trade Commission Votes To Advance Solar Cell Investigations

    The four heads of the U.S. International Trade Commission voted unanimously Friday to continue anti-dumping and countervailing duty investigations into solar cell imports from Cambodia, Malaysia, Thailand and Vietnam, finding evidence that the imports harmed domestic solar manufacturers.

  • June 07, 2024

    High Court's 'Narrow' Jack Daniel's Opinion Having Big Impact

    When the U.S. Supreme Court decided a year ago that the maker of a squeaky dog toy that looks like a Jack Daniel’s whiskey bottle had no free speech protections against trademark infringement claims, the justices described their holding as narrow, but lawyers and academics are now suggesting the opinion is having broader implications.

  • June 07, 2024

    3 IPEF Agreements Done, But Still No Sign Of Trade Pillar

    Three of the four "pillars" of the Indo-Pacific Economic Framework for Prosperity and the initiative's overarching agreement are now complete, the U.S. Department of Commerce has announced, but there's still no timeline for finishing the deal's trade pillar

  • June 07, 2024

    NetChoice Challenges 'Onerous' Ga. E-Commerce Law

    NetChoice LLC, an industry group representing some of America's largest e-commerce platforms, filed suit hoping to block a new Georgia law they say "jumps the tracks" from reasonable oversight and monitoring requirements to laying down "impermissible investigation mandates."

  • June 07, 2024

    COVID Test Supplier Sees $1.4M Default Loss In Gopuff Suit

    A Connecticut federal court on Friday handed a medical supply company a default loss in a suit by online retail delivery service Gopuff alleging that the supplier failed to fulfill an order for nearly 106,000 COVID-19 test kits, ordering the company to pay roughly $1.4 million.

  • June 07, 2024

    Pilgrim's Pride Largely Can't Pause Chicken Farmers' Suit

    An Oklahoma federal judge largely refused Friday to pause a lawsuit accusing Pilgrim's Pride of conspiring with other chicken producers to suppress farmer compensation while Pilgrim's appeals certification of over 24,000 farmers, finding it does not matter if the $2.77 billion damages claim might pressure the company to settle.

  • June 07, 2024

    Rite Aid Can Borrow Another $75M In Ch. 11 Plan Pursuit

    Bankrupt retail drug-store chain Rite Aid Corp. received court approval on Friday in New Jersey for an amended debtor-in-possession financing package that provides $75 million in new-money financing as it moves toward confirmation of a Chapter 11 plan.

  • June 07, 2024

    Dreamland Falsely Touts Safe Weighted Swaddle, Parent Says

    Dreamland Baby Co. "boldly markets" its weighted swaddles and blankets as pediatrician-approved and safe for babies and toddlers, but medical associations and government regulators have condemned these kinds of weighted products as being harmful, according to a proposed class action filed Thursday in California federal court.

  • June 07, 2024

    GOP Sens. Look To Sanction ICC Over Netanyahu Warrant

    Following the House's passage of a bill to sanction the International Criminal Court for issuing an arrest warrant for Israeli Prime Minister Benjamin Netanyahu, Senate Republicans are pushing for their chamber to follow the House's lead.

  • June 07, 2024

    GOP Lawmakers Want Chinese Battery Cos. Blacklisted

    Republican lawmakers urged the U.S. Department of Homeland Security to add two Chinese battery makers to an import blacklist for having ties to a Chinese government entity that the U.S. government has sanctioned for human rights abuses against China's Uyghur minority.

  • June 07, 2024

    Justices Are Asked To Ax 9th Circ. Price Discrimination Test

    A retail trade association is coming to 5-Hour Energy's defense, calling for the U.S. Supreme Court to take up the energy drink-maker's petition challenging a 2023 Ninth Circuit ruling that revived claims from a group of wholesalers alleging that the company engaged in illegal price-fixing advantaging Costco.

  • June 07, 2024

    6th Circ. Sides With Hemp Co. In CVS Deal Commission Row

    The Sixth Circuit has sided with hemp producers operating under Ecofibre Ltd. in a dispute with a group of businesses that sought commissions for linking the hemp companies with CVS, saying the businesses' prior concessions at the trial court dooms their new arguments on appeal.

  • June 07, 2024

    Carhartt Heir's Atty Cleared On 2 Counts; Deadlock On Rest

    A Michigan state jury in Detroit on Friday partially cleared a Michigan attorney accused of stealing millions of dollars from his wealthy client, the late Carhartt company heiress Gretchen Valade, but jurors could not agree on two of four charges.

  • June 07, 2024

    Shein's Pursuit Of London IPO Proves US-China Rift Persists

    Online fashion giant Shein's expected pivot to London rather than the United States for its initial public offering — triggered by persistent tensions between China and the U.S. — will be closely watched by IPO prospects mulling where to list their shares in a dicey geopolitical climate, experts say.

  • June 07, 2024

    Bryan Cave, Goodwin Guide New Era's Merger With '47 Brand

    Acon Investments-owned New Era Cap LLC announced Friday that it agreed to buy fellow sports lifestyle brand '47 to create a merged business that brings in roughly $2 billion in annual revenue in a deal built by Bryan Cave Leighton Paisner LLP and Goodwin Procter LLP.

Expert Analysis

  • 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.

  • What's At Stake In High Court NLRB Injunction Case

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    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Expediting Psychedelics Approvals In The US And Canada

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    Accelerated regulatory pathways for psychedelics in the U.S. and Canada play a pivotal role in the progression of drugs, devices and novel therapies toward commercialization, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.

  • Directors And Officers Face Unique AI-Related Risks

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    As privacy, intellectual property and discrimination lawsuits focusing on artificial intelligence increase, corporate directors and officers must stay aware of associated risks, including those related to compliance, litigation and cybersecurity, says Jonathan Meer at Wilson Elser.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • New Strain Of Web Tracking Suits Pose Risks For Retailers

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    Amid an ongoing surge of California state and federal lawsuits that are using novel theories to allege companies used certain recording technologies to illegally track website users, retailers should take steps to develop a potential argument that customers consented to any alleged uses of these devices, say attorneys at Benesch.

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