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Retail & E-Commerce
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November 18, 2024
FCC's Carr Likely To Test Agency's Ability To Rein In Big Tech
Brendan Carr's selection as the next Federal Communications Commission chair prompted a wave of plaudits from industry and some dismay from liberal groups, but one thing stands out among experts: He will push to counter what he sees as out-of-control conduct by tech platforms.
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November 18, 2024
Electronics Co. Hit With Default In $2B Price Fixing Case
A California federal court will enter a default judgment against Irico Group on claims that could total $2 billion in damages in long-running litigation over an alleged conspiracy to fix cathode ray tube prices after finding the Chinese electronics company failed to preserve evidence.
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November 18, 2024
Judge Surprised Circle K Fired Clerk Who Touched Robber
A Tenth Circuit judge appeared stunned Monday that Circle K dismissed an elderly convenience store clerk after its management concluded the worker violated company policy when she physically confronted an armed robber.
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November 18, 2024
$100M Deal In Suit Over Walgreens Rx Prices Gets First OK
An Illinois federal judge gave an initial blessing Monday to a $100 million deal resolving claims from consumers and unions that Walgreens unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less.
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November 18, 2024
5th Circ. Eyes Procedure In 1st NLRB Constitutionality Cases
The Fifth Circuit appears poised to punt — for now — on the issue of the National Labor Relations Board's constitutionality after a panel questioned on Monday whether SpaceX and Amazon have valid challenges to "effective" denials of their efforts to thwart prosecution for alleged labor violations.
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November 18, 2024
Dad Drops From Conn. Death Suit After Attys Tried To Dump Him
A Connecticut man has dropped his claims against Target Corp. and the maker of a recalled infant cushion over the death of his baby daughter, but the girl's mother and estate administrator will continue pursuing the federal product liability lawsuit, court records showed Monday.
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November 18, 2024
CPSC Fines Canadian Co. $16M Over Wall Beds
The U.S. Consumer Product Safety Commission said Monday that a Canadian furniture-maker has agreed to pay up to a $16 million civil penalty over allegations that it failed to report a defect in its wall beds that resulted in injuries and one death.
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November 18, 2024
Rust-Oleum Falsely Touted Spray Paint Coverage, Suit Claims
Paint manufacturer Rust-Oleum Corp. has been hit with proposed class claims in Illinois federal court by customers who claim the paint manufacturer misled them by advertising its "2x" spray paint line as providing twice the coverage of other general purpose paints, when its own data contradicts those label claims.
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November 18, 2024
Amazon Worker Can't Add Retaliation Claim To December Trial
A federal judge in Washington state has rejected a worker's eleventh-hour bid to amend his lawsuit accusing Amazon of passing him up for a promotion after he took protected military leave, saying the operations manager cannot "ambush" the e-commerce giant with fresh retaliation allegations just weeks before a trial in December.
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November 18, 2024
Walgreens, Grocer Accused Of Flouting Lie Detector Law
Walgreens and New England supermarket chain Shaw's are violating a Massachusetts law requiring that job applicants be advised that the state does not allow the use of lie detector tests in employment decisions, a pair of proposed class actions filed Monday allege.
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November 18, 2024
Trade Court Orders Rethink Of Brazilian Lemon Juice Duties
The U.S. Court of International Trade has ordered trade officials to reconsider duties on Brazilian lemon juice, finding they failed to acknowledge that a Brazilian supplier and a Louis Dreyfus Co. subsidiary were reliant on each other.
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November 18, 2024
Justices Pass On Coverage Row Over Wood Treatment Injury
The U.S. Supreme Court on Monday declined to take up an insurer's argument that a wood treatment product maker's policy excludes coverage of an underlying suit over a man's cancer diagnosis following decades of exposure to the chemical.
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November 15, 2024
Sake Co.'s 'Tipsy' TM Fight Can't Find Its Footing In Calif.
A California federal judge has determined that a Los Angeles sake brand can't litigate a trademark dispute in the Golden State with a similarly named wine store in Brooklyn, saying a cease and desist letter wasn't enough to establish jurisdiction.
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November 15, 2024
Tech Co. Urges Judge To Trim Starbucks' IP Counterclaims
A patent-licensing company has said that an inventor connected to the business shouldn't have been dragged into its suit claiming that Starbucks infringed its patent on meal ordering technology, saying the coffee chain is trying to wrongly expand the case.
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November 15, 2024
Rawlings Can't Block Softball Coach From New Job, Suit Says
A hall-of-fame softball coach and former employee of Rawlings Sporting Goods said in a Washington state lawsuit that the company is illegally trying to block him from working for a rival by threatening to sue him under New Hampshire state law.
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November 15, 2024
Colo. Judge Nixes Debtor's Transfer Try For Not Conferring
A Colorado federal judge on Friday struck a motion to transfer a putative class action suit against a bankrupt truck rental company to the Delaware court handling the business's Chapter 11 case, saying the company had failed to consult with the plaintiffs before filing the motion.
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November 15, 2024
Texas Judge Won't Halt CFPB Small-Biz Rule As Banks Appeal
A Texas federal judge has declined to stay the compliance date of the Consumer Financial Protection Bureau's small-business lending data collection rule while a coalition of bank trade groups appeals his decision to uphold the rule's data collection requirements, saying no circumstances justify such "extraordinary relief."
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November 15, 2024
DEA Judge Nixes Vet Group's Bid To Take Part In Pot Hearings
An administrative law judge with the U.S. Drug Enforcement Administration on Friday denied a veterans group's bid to participate in upcoming hearings on a proposal to loosen federal restrictions on marijuana.
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November 15, 2024
Hot Topic Shoppers' Info Stolen By 'Satanic' Hacker, Suit Says
Hot Topic and its retail affiliates were hit with a proposed class action Wednesday in California federal court alleging an unknown hacker with the username "Satanic" infiltrated their databases containing personal information belonging to 350 million customers and offered to sell the information on an internet forum last month.
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November 15, 2024
Pennsylvania AG Can't Stop Glass Plant From Moving To Ohio
A Pennsylvania federal judge denied the Keystone State attorney general's bid to stop a private equity firm from shutting down a Pyrex plant it purchased and moving its operations to Ohio, ruling that "there is simply insufficient evidence presented" to show that the move will be anticompetitive.
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November 15, 2024
Penn State Asks To Keep Defendant In Vintage Brand TM Trial
In the middle of a closely watched trademark infringement trial, the Pennsylvania State University asked a federal judge Friday to reconsider his decision to dismiss one of the defendants, arguing that Sportswear Inc.'s role as the exclusive manufacturer and distributor of Vintage Brand merchandise means Sportswear can be liable for infringement.
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November 15, 2024
Coffee Shop Agrees To Stop Using Dior Name After Suit
A Western Massachusetts coffee shop will stop using the name "Café Dior," settling a trademark infringement lawsuit brought by French luxury brand Christian Dior, according to a Friday filing.
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November 15, 2024
Monsanto Cleared In Philly's 7th Roundup Trial
A Philadelphia jury on Friday cleared Bayer AG unit Monsanto of liability in a woman's lawsuit alleging she developed cancer by using the weedkiller Roundup, delivering the agrochemical giant its third victory in the city's mass tort.
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November 15, 2024
Wilson Sonsini Atty To Produce Docs In Under Armour Row
Emails sent by a Wilson Sonsini Goodrich & Rosati attorney to employees of a Pittsburgh-area minor league baseball team he co-owns are not covered by attorney-client privilege and should be provided to Under Armour as part of discovery in an antitrust suit filed against the sports apparel giant, a Pennsylvania federal judge ruled this week.
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November 14, 2024
Chinese Amazon Sellers Say Firm Botched Settlement Talks
A group of Chinese electronics sellers have slapped a small New York law firm with a $6.4 million malpractice lawsuit, saying the firm torpedoed a potential settlement with Amazon after the online behemoth deactivated their seller accounts and withheld millions of dollars of their profits.
Expert Analysis
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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.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
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.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
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.
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What To Make Of Dueling Corporate Transparency Act Rulings
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.