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Retail & E-Commerce
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June 04, 2024
Amazon Union Moves To Fold Into Teamsters Amid Struggles
The Amazon Labor Union, an independent union representing workers at a warehouse in Staten Island, New York, has taken steps to affiliate with the Teamsters ahead of an election to seat new officers.
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June 04, 2024
Jury Still Deadlocked Over Carhartt Atty's Embezzlement Trial
A Detroit-area jury remained deadlocked Tuesday as it deliberated for the second day on embezzlement charges against a Michigan attorney who is accused of stealing millions from Carhartt heiress Gretchen Valade when he was trustee of her irrevocable trust.
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June 04, 2024
Vape Distributors Push To Exit NYC E-Cigarette Suit
Two groups of e-cigarette distributors are urging a New York state court to toss claims from New York City alleging they're violating city laws by selling flavored e-cigarettes, saying that the law in question only applies to retail sales, not distributor-to-distributor sales.
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June 03, 2024
Michaels Stole Paint-By-Number IP, Company Says
A paint-by-number company told a jury Monday during opening arguments in Texas federal court that arts and crafts corporation Michaels Stores Inc. used the company's trademarks to create a competing product, saying it only learned of the phony product after a customer called in praising it.
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June 03, 2024
Kroger, Albertsons Can't Get More Info On FTC Markets
An Oregon federal judge denied Kroger and Albertsons' requests for more information on the markets at issue in the Federal Trade Commission's ongoing attempt to block their merger, saying the companies' request is premature and excessively broad.
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June 03, 2024
Burford-Sysco Plaintiff Swap Stays Nixed In Price-Fixing Case
A Minnesota federal judge refused Monday to let a unit of legal investment firm Burford Capital substitute for Sysco Corp. as plaintiff in sprawling price-fixing lawsuits against pork and beef producers, agreeing with a magistrate judge's conclusions that allowing a litigation funder to dictate antitrust settlements "could have a detrimental impact."
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June 03, 2024
Glycine Co. Couldn't Compel Cooperation, Trade Court Told
The U.S. Department of Commerce wrongly labeled an Indian glycine company as noncooperative after its unaffiliated suppliers declined to participate in a tariff review, the company said in a motion calling to unwind its penalty duty rate Monday.
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June 03, 2024
Treasury Aims To Salvage Corp. Transparency Act At 11th Circ.
The Corporate Transparency Act is a valid exercise of congressional authority to curb money laundering under the commerce clause and the necessary and proper clause in the Constitution, the U.S. Treasury Department told the Eleventh Circuit on Monday in a bid to restore the law's reporting requirements.
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June 03, 2024
El Pollo Loco Hit With Wage, Hostile Work Environment Claims
El Pollo Loco did not provide a former assistant manager with meal breaks or overtime or pay him the full wages he was promised, and store managers mocked him for requesting leave to tend to his ailing mother, the ex-worker alleged in a complaint filed in state court.
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June 03, 2024
Slipshod Shipping Cost Analysis Lands Commerce Remand
The U.S. Department of Commerce must check its work on duties covering mobile lift equipment after the U.S. Court of International Trade deemed its shipping cost data analysis a "mixed bag" that could have led to a different rate.
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June 03, 2024
4 Mass. Rulings You Might Have Missed In May
Massachusetts state court judges rejected a law firm's effort to fight malpractice claims by pointing the finger at a Rhode Island judge, and ruled that an online booking platform can boot the owner of Bali vacation villas from its site, among other under-the-radar decisions handed down in May.
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June 03, 2024
Restaurants Fight Bid-Rigging Release In $75M Chicken Deals
Boston Market, Golden Corral and other restaurants have urged an Illinois federal judge to reject a class of chicken buyers' attempt to lock in $75 million in price-fixing settlements, continuing their fight to preserve a bid-rigging claim they argue should not be released.
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June 03, 2024
Bookstores Can't Step Into FTC's Antitrust Fight With Amazon
A Washington federal judge on Monday declined to allow booksellers to intervene in the Federal Trade Commission's antitrust suit against Amazon to raise concerns about the digital retailer's book sales and agreements with publishers, but invited them to seek permission to file an amicus brief instead.
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June 03, 2024
Court Tosses Challenge To Wash. Pot Licensure Plan
A Washington federal judge has tossed a challenge to the residency restrictions of the state's cannabis social equity program, saying that the dormant commerce clause argument advanced by an out-of-state litigant is unpersuasive since pot is federally illegal.
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June 03, 2024
DHL, Courier Service Agree To Shell Out $1M In OT Suit
DHL and its direct courier services told a Washington federal court they have agreed to shell out $1 million to a group of drivers who claimed they were paid a flat daily rate that did not include overtime.
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June 03, 2024
Law Firm Faces Sanctions Bid For Happy Meal 'Extortion' Suit
McDonald's has urged a Florida federal court to sanction Fischer Redavid PLLC and its clients for bringing a recently dismissed lawsuit seeking a warning on Happy Meal containers, accusing them of trying to extort the company for a bigger payout after securing an $800,000 jury verdict in a related case for the second-degree burns suffered by a girl from a dangerously hot Chicken McNugget.
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June 03, 2024
Attys Get $10M In Fees In Family Dollar Infestation Deal
A Tennessee federal judge has granted $10 million in fees to attorneys representing consumers following a settlement to resolve multidistrict litigation stemming from a rodent infestation at a Family Dollar Stores Inc. warehouse, finding the fees reasonable for the work done on the case.
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June 03, 2024
5th Circ. Affirms Insurer's Win In Store Crash Coverage Suit
An insurer didn't breach its policy with the owner of a Texas convenience store when it denied coverage for roof damage after a vehicle crashed into the store, the Fifth Circuit has affirmed, saying the owner failed to create a genuine dispute that any damage to the roof was attributable to the crash.
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June 03, 2024
Pool Co. Says It Won't Survive $16M Judgment In Bid For Stay
The American arm of a Chinese swimming pool equipment maker told a North Carolina federal judge it faces insolvency if forced to fork over a $16 million false advertising and unfair business practices judgment, asking instead for a stay without bond while it appeals the verdict.
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June 03, 2024
Calif. Justices Free Woman From Misdemeanor Pot Charges
The California Supreme Court has thrown out misdemeanor cannabis-related charges against an 85-year-old woman, finding the trial court was within its discretion to consider her lack of knowledge of the unlicensed operation happening in her building.
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June 01, 2024
Blockbuster Summer: 10 Big Issues Justices Still Must Decide
As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.
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May 31, 2024
Live Nation Confirms Data Breach Days After Consumer Suit
Live Nation confirmed in a U.S. Securities and Exchange Commission filing Friday that there was "unauthorized activity" in a third-party database and that a hacker claimed to have Ticketmaster consumer data for sale on the dark web, days after a lawsuit alleged the companies failed to secure customer data.
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May 31, 2024
Fiji Water Beats $2M Breach-Of-Contract Verdict On Appeal
California appellate justices on Thursday dismissed Carolina Beverage's $2 million jury win in a contract case accusing Fiji Water of violating their distribution deal by selling Fiji directly to retailers, finding that the agreement wasn't constructively terminated because Carolina Beverage continued to deliver Fiji products to retailers, pursuant to their contract.
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May 31, 2024
'You Didn't Do It': Antitrust Judge Rips Apple's Doc Production
A California federal judge deciding whether Apple complied with her ban on App Store anti-steering rules ordered Apple for a second time Friday to produce documents, telling Apple's counsel "the whole point" is to get documents relevant to Apple's decision-making regarding its new 27% fee "and you didn't do it."
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May 31, 2024
Dunkin' Near Tossing Milk-Alternative Bias Case, For Now
A California federal judge indicated Friday she's inclined to dismiss a proposed class action claiming Dunkin Donuts LLC violates the Americans with Disabilities Act by charging extra for beverages with nondairy milk, but said she'll likely allow the plaintiff customers to amend their complaint.
Expert Analysis
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2 Emerging Defenses For Website Tracking Class Actions
Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Steps For Companies New To Sanctions Compliance
Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Key Lessons After A Rare R&W Insurance Ruling
The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Retailers Must Be Mindful Of Sale Ads As Class Actions Rise
A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.
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NY's Revamped Card Surcharge Ban Is Unique Among States
Newly revised New York legislation bolsters the state's ban on credit card surcharges, potentially reinvigorating similar laws across the country despite the fact that many of them have been ruled unconstitutional, say Tom Witherspoon and Audrey Carroll at Stinson.
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.
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What's On The Horizon In Attorney General Enforcement
A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.
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2nd Circ. Ruling Will Guide Social Media Account Ownership
The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.