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Retail & E-Commerce
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September 04, 2024
Fed. Circ. Leans Toward Gov't In Conduit Classification Fight
The Federal Circuit dug deep Wednesday into the definition of insulated material as part of an inquiry into whether the government's tariff classification of steel electrical conduit tubing made more sense than the importer's interpretation, with one judge stealing the show.
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September 04, 2024
Produce Co. With Bankrupt Parent Settles $1M Payment Suit
A Michigan federal judge has dismissed a $1.3 million payment dispute between Canadian produce distributors and the U.S. arm of a vegetable wholesaler, after the parties reached a deal to resolve the litigation.
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September 04, 2024
Pet Toy Co. President Has No Voting Power, Founder Says
The founder of pet-toy maker Kong Co. has asked a Colorado state judge to declare the company's president has no equity or voting interest, as part of a sprawling internal dispute over management of the company.
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September 04, 2024
Mich. Voters Can't Advance Pot Initiatives, Panel Rules
A Michigan state appeals court sided with four cities Tuesday to block ballot initiatives that would have created regulatory schemes for the licensing and zoning of cannabis businesses, finding state law limits citizens' say and gives the power to write marijuana regulations only to cities.
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September 04, 2024
Amazon Disclosures Doom Prime Viewers' Deception Claims
A Washington federal judge on Tuesday threw out Amazon Prime subscribers' claims that the company illegally disclosed their personal viewing habits, axing some of their state law consumer protection allegations for good while providing an avenue for them to amend their federal claims.
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September 04, 2024
Market Realities On, Merger Reviews Off Table In Ad Tech Trial
A Virginia federal judge put slight limits Wednesday on the evidence the U.S. Justice Department and Google LLC can present in next week's advertising technology monopolization suit, allowing Google to push its own views of the market but limiting its ability to bring up past merger reviews.
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September 04, 2024
Whittaker Seeks $535M Deal In Talc Cases Tied To Berkshire
Bankrupt talc supplier Whittaker Clark & Daniels Inc. asked a New Jersey bankruptcy court to approve a $535 million settlement that will resolve claims against companies including Berkshire Hathaway Inc., chemical distributor Brenntag and DB US Holding Corp.
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September 04, 2024
LinkedIn Speech Not Covered By Labor Law, 5th Circ. Told
A logistics company told a Fifth Circuit panel during oral arguments Wednesday that an employee who was fired for allegedly disparaging comments made over LinkedIn wasn't protected under labor law, although the panel pointed out that an employee can take protected wage complaints to outside parties.
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September 04, 2024
Amazon Says Too Many Differences Among Driver Class
Amazon urged a Washington federal court to reject class certification in a delivery driver's lawsuit alleging he was misclassified as an independent contractor, saying there are too many differences among these drivers to warrant class treatment.
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September 04, 2024
2nd Firearms Co. Settles Conn. AG's 'Ghost Gun' Suit
A North Carolina-based firearms company would have to refrain from selling "ghost gun" components in Connecticut and pay a civil penalty under a deal announced Wednesday that would resolve an unfair trade practices lawsuit brought by the Constitution State's attorney general.
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September 04, 2024
2nd Circ. Says Free E-Book Library Not Fair Use
The Second Circuit on Wednesday rejected a nonprofit digital library's fair use defense of its practice of distributing copyrighted e-books for free, ruling in favor of a group of book publishers in a closely watched case.
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September 04, 2024
Weil Adds Longtime FTC Mergers Assistant Director In DC
An almost 19-year veteran of the U.S. Federal Trade Commission who helped lead a group of attorneys focused on mergers has moved to private practice, joining Weil Gotshal & Manges LLP as an antitrust partner in the nation's capital, the firm announced Wednesday.
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September 04, 2024
Nordstrom Family Makes Takeover Offer, Valuing Biz At $3.8B
Nordstrom Inc. confirmed Wednesday that it received a proposal from a group that includes its CEO Erik Nordstrom and brother Pete to acquire the company for $23 per share in cash, which values the company around $3.8 billion.
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September 04, 2024
AI Musician Duped Streaming Giants To Steal $10M, Feds Say
A North Carolina man streamed thousands of artificial intelligence-generated songs to dupe streaming giants like Spotify and YouTube and generate $10 million in an elaborate scam, federal prosecutors in Manhattan charged Wednesday in a first-of-its-kind case.
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September 03, 2024
3rd Trial In T.I.'s IP Fight With MGA Kicks Off In Calif.
An attorney for hip-hop moguls T.I. and Tiny Harris on Tuesday told a California federal jury during opening statements in a retrial of his clients' intellectual property dispute with MGA Entertainment that the company's line of O.M.G. dolls stole their look and name from the OMG Girlz group.
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September 03, 2024
7th Circ. Upholds Arbitration In Menards Hidden Fees Suit
The Seventh Circuit on Tuesday upheld a decision to compel arbitration in a proposed class action claiming that home improvement retailer Menards used a hidden pickup service fee to manipulate its prices, saying the company provided "reasonably conspicuous" notice of its terms on the page where the lead plaintiff completed her online order.
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September 03, 2024
Tribe Of Two Loses Fed. Circ. Appeal Over Rival's 'TT' Mark
The Federal Circuit on Tuesday rejected an appeal from a small handbag designer that claimed a potential rival wanted to register a trademark that used the letters "TT" in a similar way.
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September 03, 2024
Nike Wins Pause Of Bra Patent Row As It Seeks PTAB Review
Nike has been granted a pause of a case alleging its pocket-adorned sports bras violate a small Florida-based apparel company's patents while the athletic wear giant argues to the Patent Trial and Appeal Board that such bras are "far from new."
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September 03, 2024
Amazon Prevails In Targeted Programming IP Fight At Fed. Circ.
A patent licensing outfit trying to assert patents related to developing "video-on-demand" programming for cable companies was told Tuesday by the Federal Circuit that they cover abstract ideas.
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September 03, 2024
Retailer Says No Good Faith In Worker's Wash. Pay Range Suit
Retailer Aaron's urged a Washington state court to throw out a job applicant's proposed class action accusing it of failing to post salary ranges in job advertisements, saying the worker's 15 other similar lawsuits show he had no interest in actually getting a job at the company.
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September 03, 2024
3rd Circ. Preview: Starbucks Firing, Liquor Law In September
Two National Labor Relations Board cases grace the Third Circuit's September session, when panels will probe the agency's suits against Starbucks Corp. for firing Philadelphia workers attempting to unionize and a plastic company accused of firing a safety whistleblower.
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September 03, 2024
No BIPA Exception For OTC Glasses, Ill. Judges Say
An Illinois appellate court has held that someone trying on nonprescription sunglasses with an online try-on tool isn't considered a patient in a healthcare setting, dooming a glasses retailer's attempt to end the biometric privacy lawsuit it faces.
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September 03, 2024
Minn. AG Asks Cos. To Stop Selling Illicit Vapes
Minnesota's attorney general wants a promise from players in the tobacco and vape product industry that they will no longer pedal e-cigarette or nicotine pouches not approved by the federal government, warning that "consequences" will follow should they not comply.
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September 03, 2024
Sprouts Fired Worker For Reporting Harassment, Suit Says
A former employee at an Atlanta-area Sprouts Farmers Market hit the grocery chain with a lawsuit alleging she was unlawfully fired for complaining about harassing comments a co-worker repeatedly made about her sexuality.
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August 30, 2024
McKesson, Others To Pay Benefit Plans $300M In Opioid Deal
McKesson Corp., Cardinal Health Inc. and Cencora Inc. have agreed to pay a group of benefit plans a combined $300 million to resolve allegations that the drug distributors fanned the flames of the opioid epidemic, according to a filing Friday in Ohio federal court.
Expert Analysis
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Ruling Signals Wave Of CIPA Litigation May Soon End
A California state court's recent ruling in Licea v. Hickory Farms, which rejects the argument that IP address tracking violates the California Invasion of Privacy Act's pen register provision, is likely to reduce or stop the slew of new cases filed against businesses for similar alleged violations, says Patricia Brum at Snell & Wilmer.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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UK Amazon Ruling Spotlights TM Rights In International Sales
Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.
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5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS
The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.
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Handling Customer Complaints In Bank-Fintech Partnerships
As regulators mine consumer complaint databases for their next investigative targets, it is critical that fintech and bank partners adopt a well-defined and monitored process for ensuring proper complaint handling, including by demonstrating proficiency and following interagency guidance, say attorneys at Jenner & Block.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Unpacking The Complicated Question Of CIPA's Applicability
As the number of California Invasion of Privacy Act cases increases, more and more companies with little-to-no California presence are being hauled into California court, raising questions of when CIPA applies and to whom, says Matthew Pearson at BakerHostetler.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Antitrust Ruling Shows Limits Of US Law's Global Reach
Antitrust plaintiffs often cite the legislative history of the Foreign Trade Antitrust Improvements Act to support application of U.S. antitrust law to alleged injuries abroad, but as a California federal court recognized recently in Figaro v. Apple, the cited history does no such thing, say Daniel Swanson and Eli Lazarus at Gibson Dunn.
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What To Know About State-Level Health Data Privacy Laws
Companies that handle consumer health data, including those in the retail sector, should take a conservative approach when interpreting the scope of new health privacy laws in Washington, Nevada and Connecticut, which may include development of privacy notices, consent procedures, rights request response processes and processor contracts, say attorneys at Hunton.