Retail & E-Commerce

  • July 26, 2024

    DC Circ. Axes Agriculture Department's $1M Fine On Amazon

    E-commerce giant Amazon doesn't owe $1 million to the U.S. Department of Agriculture after the D.C. Circuit on Friday undid an order concluding Amazon facilitated unlawful plant and animal product importation, finding that the online retailer didn't knowingly assist the purported infractions.

  • July 26, 2024

    Assa Abloy Resolves DOJ Merger Monitor Dispute

    Assa Abloy told a D.C. federal judge that it's agreed "in principle" on how a monitoring trustee will review its compliance with a U.S. Department of Justice merger lawsuit settlement, resolving a simmering dispute over its complaints of an open-ended multimillion-dollar investigation.

  • July 26, 2024

    WTO E-Commerce Deal Launches Without US Support

    World Trade Organization members announced a historic agreement on digital trade on Friday, but the U.S. said the deal "falls short" of its expectations.

  • July 26, 2024

    EU Calls For Dispute Talks Over Taiwan's Wind Farm Policy

    The European Union challenged Taiwan's domestic sourcing requirements for offshore wind energy projects in the World Trade Organization, saying Friday that Taiwan was violating its duty not to discriminate against imported goods.

  • July 26, 2024

    Data Co. Told To Turn Over Contracts In Kochava Case

    A D.C. federal judge plans to order TargetSmart to turn over supplier contracts to the Federal Trade Commission in the agency's case against TargetSmart client Kochava on Friday, after TargetSmart's attorney said she was "99% sure that there was no due diligence done by Kochava" regarding the data's provenance.

  • July 26, 2024

    Jam Band Phish Can Seize Bootleg Merch, Judge Says

    Jam band Phish has been given the green light by a Boston federal judge to confiscate counterfeit merchandise being sold outside its concerts this summer.

  • July 26, 2024

    3 Firms Build Casey's $1.1B Buy Of Fikes Wholesale

    Convenience store chain Casey's General Stores Inc. on Friday announced plans to buy CEFCO Convenience Stores owner Fikes Wholesale Inc. in a $1.145 billion cash deal that was built by three law firms.

  • July 26, 2024

    Cannabis Litigation To Watch: Delta-8 And Residency Rules

    In the first half of 2024, a series of lawsuits taking aim at state hemp restrictions and another set of suits challenging purported residency criteria in state cannabis licensure programs were briefed in multiple appellate courts across the country.

  • July 26, 2024

    Texas Appeals Court Leaves Antique Car Suit Stalled

    A Texas appeals court declined to revive a couple's breach of contract suit against a broker of collectible cars, filed over disputed payments from the sale of five antique cars, holding that a trial court correctly ruled they should take nothing on their claims.

  • July 26, 2024

    Washington Cases To Watch 2024: A Midyear Report

    Two Washington tribes are testing whether they can hold Big Oil companies accountable in state court for climate change-related catastrophes, the attorney general is defending a ban on large-capacity gun magazines, and a key test of the state's anti-patent troll law is set for trial.

  • July 26, 2024

    Colorado Cases To Watch 2024: A Midyear Report

    Colorado is at the forefront of state challenges to Kroger's $24 billion proposed merger with Albertsons, regulators are defending a high-cost lending crackdown, and state justices could change how insurers navigate bad faith suits. Here are some of the Colorado cases to watch in the second half of 2024.

  • July 25, 2024

    Nike Brass Overhyped Sales Strategy, Shareholder Alleges

    More than a dozen members of Nike Inc.'s top brass have been sued by a shareholder alleging they misled the public about the financial prospects of the athletic shoe and apparel company's consumer direct strategy, leading to several stock drops in recent years and a class action lawsuit.

  • July 25, 2024

    Blue Bottle Won't Be Sanctioned Or Pay Atty Fees In TM Row

    Blue Bottle won't be sanctioned nor ordered to pay $1.15 million in fees for losing its trademark suit against a company selling "Blue Brew" brand accessories, with a California federal judge ruling Wednesday that its infringement claims weren't frivolous and that its likelihood of confusion argument was "rooted in good faith."

  • July 25, 2024

    Google Wants To Keep 'Monopolistic Status Quo,' Epic Says

    Epic Games assailed Google on Wednesday for overcomplicating and overpricing changes to the Play Store required by the gaming giant's antitrust jury win, arguing that what Google says are needed security and maintenance protocols are just the latest effort to relitigate the case and "weaken the remedy."

  • July 25, 2024

    Amazon Contractors Say Partner Broke Deal, Cut Them Out

    Two owners of an Amazon deliveries contractor have alleged in North Carolina's Business Court that a third partner pushed them out of the company to keep their cut of profits, asking for a court declaration that the third partner violated their business agreement.

  • July 25, 2024

    US Calls For Labor Scrutiny At Mexican Components Plant

    The Office of the U.S. Trade Representative announced a new request Thursday calling on Mexican authorities to investigate claims that workers at a components manufacturing plant were fired for protected activities and blocked from joining outside unions.

  • July 25, 2024

    Trade Commission Affirms Pea Protein Import Harms

    The U.S. International Trade Commission voted unanimously Thursday to find that pea protein imports from China have harmed the domestic industry, clearing the U.S. Department of Commerce to levy antidumping and countervailing duties on the goods.

  • July 25, 2024

    Prime Subscribers Say Amazon Can't Dodge Privacy Suit

    A group of Prime subscribers told a federal court on Wednesday that Amazon cannot sidestep privacy claims in their proposed class action, arguing the possibility the tech giant shares their personal information with advertisers is enough to keep the case alive.

  • July 25, 2024

    Conn.'s Added Tax On Warranties Called Double Taxation

    The Connecticut state tax commissioner's levy of an additional tax on extended vehicle warranties connected to out-of-state vehicle sales is double taxation because the warranties are already taxed by the buyer's home state, a Connecticut-based auto wholesaler told a state trial court.

  • July 25, 2024

    Hertz Tells Chancery Warrant Holders Are Misreading Contract

    A pair of investment funds that acquired 9 million warrants from Hertz after its bankruptcy and later sued the car rental company for breach of contract misinterpreted the warrant agreement, and their lawsuit should be dismissed, Hertz said in a response to the complaint brought before Delaware's Court of Chancery.

  • July 25, 2024

    Plaintiffs Can't Expand Beef Price Fixing Suit, Court Told

    Beef producers defending against antitrust claims are telling a Minnesota federal judge that a proposed class of ranchers are too late to take their newest proposed complaint to court, arguing that the case should be permanently tossed after two failed attempts to get past the pleading stage.

  • July 25, 2024

    Fed. Circ. Axes 'Trump Too Small' Holding After Justices' Rule

    The Federal Circuit on Thursday vacated its 2022 ruling that California attorney Steve Elster should be allowed to register "Trump Too Small" as a trademark after the U.S. Supreme Court concluded he could not because the "names clause" of the Lanham Act prohibits registering a name as a mark without that person's permission.

  • July 25, 2024

    The 5 Biggest Mass. Top Court Rulings Of 2024 So Far

    It was an eventful first half of 2024 for Massachusetts' top appellate panel, which issued a landmark sentencing ruling, weighed in on time limits in civil cases and addressed whether an attorney falling asleep mid-trial is grounds for a successful appeal.

  • July 25, 2024

    GSK To Remove '100% Natural' Chapstick Labels To End Suit

    A class of consumers is asking a California federal judge for approval of a settlement to end claims that chapstick made and sold by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC and Pfizer Inc. was deceptively marketed as "100% Natural."

  • July 25, 2024

    Fisher-Price, Mattel Ink $19M Deal Over Recalled Baby Sleeper

    Fisher-Price and parent company Mattel asked a Buffalo federal judge for preliminary approval for a $19 million payment to settle a class action over a recalled baby sleeper that a group of consumers claims was falsely advertised as safe.

Expert Analysis

  • 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.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Ex-OpenSea Staffer Case May Clarify When Info Is Property

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    In considering the appeal of a former OpenSea manager’s wire fraud conviction in U.S. v. Chastain, the Second Circuit may soon provide guidance about whether economic information is traditional property in certain insider trading prosecutions — a theory of fraud that the U.S. Supreme Court has repeatedly narrowed, say attorneys at Debevoise.

  • Unraveling The Bundled Benefits Of Retail Memberships

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    The recent prevalence of paid retail memberships and the associated findings of a consumer survey suggest that assessing consumer preferences and welfare may be important when considering resolution mechanisms in antitrust contexts, say Rosa M. Abrantes-Metz at Berkeley Research Group, Mame Maloney at The Brattle Group and Jeff Brazell at the University of Utah.

  • Opinion

    Stakeholder Amici Should Be Heard In Russian Trade Case

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    Although the U.S. Court of International Trade recently rejected U.S. Steel's amicus brief in NLMK Pennsylvania v. U.S., other industry stakeholders should seek to appear — and the court should allow it because additional perspectives will lead to a more informed ruling, say attorneys Jeffrey Shapiro and Michael Andrews.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • US Cos. Must Guard Against Russian Diversion Of Goods

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    Amid allegations that Russia is end-running trade sanctions through the diversion of otherwise innocuous, everyday goods, U.S. industry involved in the manufacture or distribution of electric products must step up its customer and partner due diligence to avoid unwittingly facilitating the weapons proliferation cycle, say attorneys at Arnold & Porter.

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • 10 Years Of Retail Battles: Unpacking Pricing Litigation Trends

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    A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • What Cos. Can Learn From 2023 Export Enforcement Report

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    A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.

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