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Retail & E-Commerce
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November 12, 2024
Chipotle's Portions Are Eating Away Profits, Investor Suit Says
Fast-casual restaurant chain Chipotle has been hit with a proposed shareholder class action alleging the company downplayed concerns about meager portion sizes, an issue the company later acknowledged it would correct, sacrificing profitability.
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November 12, 2024
Valve Can't Speak Directly With Gamers In Antitrust Row
A Washington federal judge has rejected a bid by Valve Corp. to directly contact 624 game buyers named in its suit seeking to block them from further arbitrating antitrust claims, saying the video game seller hasn't pointed to "exceptional circumstances" warranting the clearance to reach out to the defendants outside the presence of legal counsel.
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November 12, 2024
Pencil Importer Rebuts Commerce's Transformation Analysis
A pencil importer told the U.S. Court of International Trade that the federal government was wrong to implement duties on pencils made from Chinese raw materials when they are made into finished products in the Philippines.
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November 12, 2024
Amazon Harassing Drivers Via Discovery Demand, Court Told
Amazon is harassing delivery drivers with an overly broad request for documents, including a decade's worth of tax returns and cellphone records, and its request should be tailored to reflect that many claims in an 8-year-old lawsuit were recently nixed, the workers told a Washington federal court.
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November 12, 2024
Indian Food Delivery Giant Swiggy To Debut After $1.3B IPO
Shares of Indian e-commerce giant Swiggy Ltd. are set to begin trading on Wednesday after the company priced a $1.3 billion initial public offering, marking the latest test of the country's IPO market following a blockbuster listing of Hyundai's Indian unit.
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November 12, 2024
NY Costco Junior Managers' Wage Statement Claim Tossed
Three junior Costco managers' declarations contradicted their proposed collective action claiming that the retail company's wage statements didn't allow them to determine whether they worked overtime, a New York federal judge ruled, trimming their suit.
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November 12, 2024
High Court Turns Away Appeal From 'Insider' Hedge Fund
The U.S. Supreme Court on Tuesday declined to take up hedge fund Raging Capital Management LLC's petition to review whether its status as a large investor in 1-800-Flowers should leave it vulnerable to a derivative suit claiming it made illegal swing-trades.
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November 08, 2024
Ill. Assault Rifle Ban Struck As Unconstitutional, AG To Appeal
An Illinois federal judge Friday overturned the state's law banning AR-15 rifles and other semiautomatic weapons, pointing to U.S. Supreme Court rulings interpreting the Second Amendment to give individuals the broad right to keep and bear firearms, and opining that the debate over guns is a matter of perspective.
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November 08, 2024
8th Circ. Flips $12M Verdict Against Jagermeister's US Arm
The Eighth Circuit has overturned a jury's verdict that Jägermeister's U.S. importer must pay a distributor $11.75 million after terminating their deal, saying Friday the jury was misinstructed and a new trial is required.
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November 08, 2024
Fla. Apparel Distributor Sues Gap Over $378M Bait-And-Switch
A South Florida-based apparel distribution company has brought a $378 million counter-complaint against Gap Inc. in California state court, alleging the clothing retailer threatened to sabotage an initial public offering after pulling a bait-and-switch by sending millions of dollars of oversized, unsellable garments and ruin relationships with existing customers.
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November 08, 2024
Pawn Shop Must Face CFPB's Military Law Claims, Judge Says
In a matter of first impression, a Texas federal judge has ruled that national pawn shop company FirstCash Inc. cannot use a "bona fide error" defense to argue that its alleged violation of the Military Lending Act was an unintentional mishap, saying the defense only applies to private borrower claims, not federal agency suits.
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November 08, 2024
Apple's Cited Rulings Just Cement Old Precedent, Epic Says
What Apple contends are new rulings from a California appeals court and the U.S. Supreme Court are really just affirmations of existing precedent that change nothing about the injunction blocking the iPhone maker's rules against steering users to alternative payment systems, Epic Games has told a California federal judge.
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November 08, 2024
Fed. Circ. Wonders If Italian Pasta Duties Are Bad Math
The Federal Circuit had semolina on its mind Friday, and it didn't seem convinced the U.S. Department of Commerce had made the right call when relying on what two pasta manufacturers have said are faulty calculations to set antidumping duties for their imports.
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November 08, 2024
Cannabis Shops Sue DC To Halt Enforcement Actions
A coalition of Washington, D.C., recreational marijuana shops has launched a federal lawsuit against a slew of District entities, including the mayor, cannabis regulator and police department, seeking to halt the government's enforcement actions against their stores.
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November 08, 2024
Judge Lets Plaintiffs Drop Kroger Pain Patch Suit
An Illinois federal judge on Friday allowed two customers who sued supermarket chain Kroger over the effectiveness of lidocaine patches to ditch their class claims after he denied certification last month, and ultimately dismiss the individual claims with prejudice.
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November 08, 2024
Justices Urged To Review Amazon Patent Program Case
A company alleging patent infringement through Amazon's patent evaluation program is urging the U.S. Supreme Court to take up its appeal of a Federal Circuit ruling that said it had to face a declaratory judgment suit in the purported infringer's home state.
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November 08, 2024
Italy's Finance Minister Says EU Must Adopt Digital Tax
The European Union must adopt a digital services tax despite the threat of retaliatory trade measures by the U.S., Italy's finance minister told the country's Parliament as it seeks to widen the scope of its own measure to domestic companies.
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November 08, 2024
Experienced Dealmakers Lead 3 SPACs Raising $365M Total
Three special purpose acquisition companies began trading Friday after pricing initial public offerings that raised $365 million combined under guidance from four law firms, marking the latest sign that more SPACs, particularly those with prior deals under their belts, are willing to test an improving market.
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November 08, 2024
General Atlantic, Stripes Plug $825M Into Vuori Clothing Biz
Lifestyle performance brand Vuori on Friday revealed that it has secured an $825 million investment led by growth investors General Atlantic, advised by Paul Weiss Rifkind Wharton & Garrison LLP, and Weil Gotshal & Manges LLP-advised Stripes, bumping the brand's valuation to $5.5 billion.
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November 08, 2024
Logan Paul's Drink Co. Blasts Olympic Committee's TM Suit
Prime Hydration, a sports beverage company co-founded by social media influencer and wrestler Logan Paul, has struck back at a trademark infringement complaint from the United States Olympic & Paralympic Committee, accusing it of taking a "shotgun pleading" approach without supporting its claims.
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November 08, 2024
NC Furniture-Maker Demands Hurricane Helene Coverage
A North Carolina furniture manufacturing facility is blaming its insurer for wrongfully using a flood damage exclusion to avoid covering more than $75,000 of damage to its premises following 2024's Hurricane Helene.
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November 08, 2024
US Exec To Sell Homes In Settlement With Swedish Airgun Co.
The chief executive of a North Carolina airgun company left in shambles over allegations of gross mismanagement has agreed to fork over $950,000 by selling two residences as part of a settlement ending the contentious yearlong litigation brought by his Swedish partner.
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November 08, 2024
NLRB Ups Scrutiny Of Employer Statements On Union Impact
Employers that tell workers during organizing drives that having a union would cut off direct relationships with managers may violate federal labor law, the National Labor Relations Board said Friday in a decision reversing nearly 40-year-old precedent.
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November 07, 2024
OpenAI Beats Copyright Suit By 2 News Websites, For Now
OpenAI preliminarily escaped one of the many copyright suits it's facing from journalism publishers on Thursday, as a New York federal judge found that two alternative news websites didn't sufficiently allege harm from the removal of author information in ChatGPT training sets.
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November 07, 2024
Nike Nabs Injunction In Air Jordan Knockoff Suit But Not $4M
A New Jersey federal judge on Thursday barred a small clothing company and its founder from selling knockoffs of Nike's iconic Air Jordan 1 High sneakers but declined to grant Nike $4 million in statutory damages, saying Nike hadn't yet given him enough information to assess the damages.
Expert Analysis
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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What 4 Cyber Protection Actions Mean For Marine Transport
Several recent steps by the Biden administration are necessary to address the cyber threats that increasingly disrupt the maritime sector, but also impose new legal risks, liabilities and operating costs on the owners and operators of U.S.-flagged vessels and facilities, say attorneys at Holland & Knight.
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Inside Antitrust Agencies' Rollup And Serial Acquisition Moves
The recent request for public comments on serial acquisitions and rollup strategies from the Federal Trade Commission and U.S. Justice Department mark the antitrust agencies' continued focus on actions that fall below premerger reporting thresholds, say attorneys at Paul Weiss.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk
A rare federal court decision under the Robinson-Patman Act, which prohibits certain kinds of price discrimination, highlights the antitrust risks faced by certain suppliers and is likely to be cited by future plaintiffs and enforcement officials calling for renewed scrutiny of pricing and discounting practices, say attorneys at Baker McKenzie.
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Counterfeits At The Olympics Pose IP Challenges
With the 2024 Olympic Games quickly approaching, the proliferation of counterfeit Olympic merchandise poses a difficult challenge to the protection of intellectual property rights and the preservation of the Olympic brand's integrity, says Kimiya Shams at Devialet.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Crafting An Effective Workplace AI Policy After DOL Guidance
Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at Porzio Bromberg.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Momofuku Chili War May Chill Common Phrase TM Apps
Momofuku’s recent trademark battle over the “Chili Crunch” mark shows that over-enforcement when protecting exclusivity rights may backfire not just in the public eye, but with the U.S. Patent and Trademark Office as well, says Anthony Panebianco at Davis Malm.