Retail & E-Commerce

  • December 04, 2024

    Sephora Should Face Worker's Retaliation Suit, Judge Advises

    Sephora shouldn't get to toss a Latina former store manager's claims that she was fired for refusing to use a hiring strategy that would have prioritized white applicants, a Georgia federal judge recommended Wednesday, finding her retaliation lawsuit is detailed enough to stay in court.

  • December 04, 2024

    Starbucks Brass Face Derivative Suit Over 'Reinvention' Flop

    Officers and directors of coffee chain Starbucks are facing shareholder derivative claims over the company's so-called Triple Shot Reinvention strategy after the company disappointed the markets in April with updates about the plan.

  • December 04, 2024

    Penn State Eyes Ban, Atty Fees After Trial Win Against Retailer

    The Pennsylvania State University has asked a federal court in the Keystone State to permanently block an online retailer and its owner from selling merchandise that a jury found infringed the university's trademarks, and said it is entitled to attorney fees from the "serial infringers."

  • December 04, 2024

    Amazon Held To Prior Fights, Ongoing Rules In Antitrust Row

    Amazon.com Inc. can't duck updated consumer antitrust suits because it failed to raise some arguments against prior iterations and because plaintiffs adequately alleged substantial, ongoing anticompetitive conduct and effects from rules punishing sellers who offer their goods cheaper elsewhere, according to a decision unsealed in Washington federal court.

  • December 04, 2024

    Outgoing FCC Chief Lacerates With A Grin At 'Telecom Prom'

    Lawyers who gathered for the telecom bar's marquee yearly dinner Tuesday were treated to the traditional night of sardonic wit as the outgoing head of the Federal Communications Commission took aim at the new power structure looming in Washington, D.C.

  • December 04, 2024

    Amazon, Stanley Tumbler Maker Sue Alleged Counterfeiters

    Amazon and the maker of the popular "Stanley" tumbler are suing several marketplace vendors in Washington federal court, accusing them of peddling counterfeit drink ware in the e-commerce platform's latest legal push to crack down on brand-stealing sellers.

  • December 04, 2024

    Block's Tax Refund Should Be Voided, Atlanta Tells Ga. Court

    A Georgia trial court erred when it found that Block, the financial services and mobile payments company, was due a $330,000 occupation tax refund from the city of Atlanta, a lawyer for the city told an appellate panel Wednesday.

  • December 04, 2024

    Ace Hardware Looks To Nail Screw-Selling Rival Over TM Use

    Ace Hardware Corp. said Tuesday that a home improvement chain sharing the Ace name is watering down its decades of name recognition and goodwill while creeping in on Ace's turf and leading confused consumers astray.

  • December 04, 2024

    Consumers Agree To Throw Out Diaper Genie False Ad Case

    A group of consumers who claimed Diaper Genie ads falsely advertised that the products' refill packs contained a year's worth of diapers have dropped their proposed class action in a joint motion filed with brand owners Angelcare and Playtex.

  • December 04, 2024

    DC AG Says Amazon Covertly Slowed Delivery In 2 ZIP Codes

    The District of Columbia attorney general sued Amazon on Wednesday, accusing the e-commerce giant of surreptitiously withholding the high-speed delivery services promised by its Prime membership from certain D.C. neighborhoods.

  • December 04, 2024

    'Patriotic' Marketplace PublicSquare Raises $36M Stock Sale

    The money-losing owner of self-described patriotic marketplace PublicSquare bolstered its balance sheet Wednesday through a $36 million registered direct offering guided by two law firms, one day after it named Donald Trump Jr. to its board of directors.

  • December 04, 2024

    Potent Cannabis Oils Violate Ill. Laws, Suits Say

    Four proposed classes are suing several cannabis product makers and sellers, alleging that products made with Rick Simpson Oil and other potent types of cannabis oils go far beyond Illinois' and other states' legal limits, and the companies fail to warn customers that they're illegal.

  • December 04, 2024

    Avon Cleared To Sell To Parent Co. For $125M In Ch. 11

    A Delaware bankruptcy judge on Wednesday said he would approve a settlement between Avon Products Inc. and Brazilian parent company Natura that clears the way for the beleaguered cosmetics giant to sell itself to Natura for $125 million.

  • December 04, 2024

    Oracle Can't Seek Fla. Tax Refunds Without Repaying Clients

    Oracle can't obtain refunds for Florida state and local taxes that it improperly collected on sales of electronically delivered software to three businesses because the company didn't reimburse those customers first, a state appeals court ruled Wednesday.

  • December 04, 2024

    Legal Clouds Part For 2 Who Assisted In Cannabis Fraud Case

    A Manhattan federal judge on Wednesday allowed a pair of New Jersey business partners to avoid prison for aiding in a scheme to siphon portions of $14 million raised for a cannabis-infused consumer products company, crediting their cooperation with prosecutors.

  • December 03, 2024

    Ex-Apple Workers Accused Of Swiping Charity Match Funds

    A Northern California district attorney's office on Tuesday unveiled charges against six former Apple Inc. workers accused of scheming to convince their employer to match thousands of dollars in nonexistent donations to children's charities, according to an announcement from the office.

  • December 03, 2024

    Antitrust Judge Rips Apple's 'Meritless' Doc Privilege Claims

    Apple fought uphill Tuesday to convince a California federal magistrate judge that it properly withheld 57,000 documents from Epic Games due to attorney-client privilege in their antitrust fight, with the judge eventually telling its lawyer, "I disagree with everything you're saying, and the fact you're making these meritless arguments causes me concern."

  • December 03, 2024

    Pizza Chain Insurer Owes Share Of Salmonella Deal, Suit Says

    An insurer told a Washington federal court that a Liberty Mutual subsidiary must contribute to a settlement reached by their mutual insured, a "take 'n' bake" pizza restaurant, arising out of allegations that customers purchased raw cookie dough tainted with Salmonella bacteria.

  • December 03, 2024

    Former Officials Target DOJ, FTC Position In Epic V. Google

    The U.S. Department of Justice and Federal Trade Commission drew criticism Tuesday from former officials who targeted the agencies' stance on Google's Ninth Circuit fight against the mandated opening of the Android Play Store, with the officials warning in an amicus brief against "compulsory sharing obligations."

  • December 03, 2024

    J&J's Neosporin Forever Discolored Man's Groin, Suit Says

    Johnson & Johnson and its consumer health spinoff were sued in California state court over claims that Neosporin antibiotic ointment badly infected a Los Angeles man's scrotum and permanently discolored his groin.

  • December 03, 2024

    AmEx Loses Arbitration Bid Due To 'Ironic' Unpaid $17M Bill

    A Rhode Island federal judge on Monday rejected sending a proposed antitrust class action over American Express Co.'s swipe-fee rules back to arbitration after the company refused to pay arbitration fees totaling $17 million, observing that AmEx's actions created its own "ironic dilemma: a credit card company not paying its bills."

  • December 03, 2024

    Microsoft Asks FTC Watchdog To Look Into Leaked Probe

    A Microsoft deputy general counsel on Tuesday asked the Federal Trade Commission's inspector general to look into whether commission management improperly told a news outlet that the FTC had opened a broad antitrust investigation of the tech giant.

  • December 03, 2024

    Partner Of Ex-Abercrombie CEO Denies Guilt, Gets $10M Bail

    The romantic partner of former Abercrombie & Fitch CEO Michael Jeffries was released on $10 million bond Tuesday after pleading not guilty in New York federal court to charges he helped operate a prostitution and trafficking ring that preyed on male models.

  • December 03, 2024

    Google Wants Ad Tech Claims In Texas Heard By Judge, Not Jury

    Google is pushing to have the Texas-led antitrust case targeting its digital ad technology tried to a judge instead of a jury, saying state enforcers are not entitled to have a jury decide whether the company violated the law or what penalties should be imposed if it did.

  • December 03, 2024

    Attys For Sears Ex-CEO, Appraisal Camp Clash In Chancery

    A lawyer for Sears Hometown and Outlet Stores' former top fiduciary told a Delaware vice chancellor on Tuesday that case law does not support carving out stockholder proceeds from a fiduciary breach settlement in order to pay shareholders whose separate appraisal lawsuit was foiled by SHOS' bankruptcy.

Expert Analysis

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • Commerce Proposal Could Ease Trade Remedy Administration

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    Recently proposed international trade enforcement regulations could help the U.S. Department of Commerce more easily administer antidumping and countervailing duty remedies, in turn maximizing relief to American companies adversely affected by unfair trade, says Natan Tubman at Buchanan Ingersoll.

  • Rise Of Transpo Contractors Brings Insurance Disputes

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    As more independent contractors are contracted and subcontracted in the delivery industry, companies must be prepared to defend claims from drivers who are injured on the job as they are often seeking to establish an employment relationship with one of the entities in the chain, says Nathan Milner at Goldberg Segalla.

  • 'Greenhushing': Why Some Cos. Are Keeping Quiet On ESG

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    A wave of ESG-related litigation and regulations have led some companies to retreat altogether from any public statements about their ESG goals, a trend known as "greenhushing" that was at the center of a recent D.C. court decision involving Coca-Cola, say Gonzalo Mon and Katie Rogers at Kelley Drye.

  • Co-Tenancy Clause Pointers For Shopping Center Landlords

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    Large retail tenants often require co-tenancy provisions in their leases, entitling them to remedies if a shopping center's occupancy drops in certain ways, but landlords must draft these provisions carefully to avoid giving tenants too much control, says Gary Glick at Cox Castle.

  • Complying With FTC's Final Rule On Sham Online Reviews

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    The Federal Trade Commission's final rule on deceptive acts and practices in online reviews and testimonials is effective Oct. 21, and some practice tips can help businesses avert noncompliance risks, say Airina Rodrigues and Jonathan Sandler at Brownstein Hyatt.

  • Assessing Algorithmic Versus Generative AI Pricing Tools

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    A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.

  • 3 Patent Considerations For America's New Quantum Hub

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    Recent developments signal an incredibly bright future for Chicago as the new home of quantum computing, and it is crucial that these innovators — whose technology has the potential to transform many industries — prioritize intellectual property strategy, says Andrew Velzen at McDonnell Boehnen.

  • Navigating A Potpourri Of Possible Transparency Act Pitfalls

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    Despite the Financial Crimes Enforcement Network's continued release of guidance for complying with the Corporate Transparency Act, its interpretation remains in flux, making it important for companies to understand potentially problematic areas of ambiguity in the practical application of the law, say attorneys at Sidley.

  • How Companies Are Approaching Insider Trading Policies

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    An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.

  • 11 Patent Cases To Watch At Fed. Circ. And High Court

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    As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • Finding Coverage For Online Retail Privacy Class Actions

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    Following recent court rulings interpreting state invasion of privacy and electronic surveillance statutes triggering a surge in the filing of privacy class actions against online retailers, companies should examine their various insurance policies, including E&O and D&O, for defense coverage of these claims, says Alison Gaske at Gilbert LLP.

  • Trending At The PTAB: Obviousness In Director Reviews

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    Three July decisions from the U.S. Patent and Trademark Office favoring petitioners indicate a willingness by the director to review substantive issues, such as obviousness, particularly in cases where the director believes the Patent Trial and Appeal Board provided incorrect or inadequate rationale to support its decisions, say attorneys at Finnegan.

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