Retail & E-Commerce

  • July 01, 2024

    Carvana Seeks Toss Of Chancery Suit Alleging Faulty Sales

    An attorney for online used-car sales giant Carvana Inc. on Monday urged Delaware's chancellor to toss or stay what he described as a derivative damages case "repackaged" from past or pending federal securities actions that "have not fared well."

  • July 01, 2024

    School Supply Co. Seeks Duty Erasure For Pencil Imports

    A classroom supplies company urged the U.S. Court of International Trade to free its pencil imports from an anti-dumping duty on Chinese goods, saying U.S. trade officials mistakenly broadened the duty to include pencils made in the Philippines.

  • July 01, 2024

    Court Tosses Constitutional Challenge To Pot Prohibition

    A Massachusetts federal judge on Monday granted the U.S. Department of Justice's bid to dismiss a constitutional challenge to federal marijuana prohibition, delivering a blow to an effort brought by a group of cannabis companies represented by litigator David Boies.

  • July 01, 2024

    Enforcers Push Antitrust Agenda, Brace For Google Ruling

    The first half of 2024 was marked by U.S. antitrust enforcers' pursuit of groundbreaking cases alleging anticompetitive conduct.

  • July 01, 2024

    Aldi Unit, Warehouse Settle Suit Over Rodent-Ravaged Sweets

    A New Jersey federal court has permanently tossed a suit brought by an Aldi branch and its insurer seeking payback from a warehouse operator after rodents feasted on hundreds of thousands of dollars' worth of chocolate stored there, signing off on a settlement.

  • July 01, 2024

    Commerce Bulks Up Chinese Pea Protein Duties To 355%

    The U.S. Department of Commerce announced final countervailing duties topping 355% for four Chinese makers of pea protein, while producers considered to be under government control will face anti-dumping duties approaching 270%.

  • July 01, 2024

    Starbucks Targets 'Starbuds' Marijuana Truck In IP Suit

    Starbucks has filed a trademark suit against the operator of a repurposed New York City food truck that sells marijuana under the brand Starbuds Flowers and uses an altered image of the coffee giant's iconic siren logo smoking a joint.

  • July 01, 2024

    SD Ban On Modified Hemp Products Allowed To Take Effect

    A new South Dakota state law prohibiting the processing of hemp derivatives into intoxicating products was allowed to go into effect Monday after a federal judge declined to grant an injunction halting its enforcement while a constitutional challenge played out.

  • July 01, 2024

    Catching Up With Delaware's Chancery Court

    Two multimillion-dollar settlement approvals, a $25 million fee-shifting demand, and a biotech merger spoiled by murder: This was just the beginning of the drama last week in the nation's preeminent court of equity. Shareholders in satellite companies filed new cases, a cannabis company headed toward trial, and there were new developments in old disputes involving Tesla and Truth Social.

  • July 01, 2024

    Judge Won't Block Iowa Hemp Law Regulating THC Limits

    An Iowa law that imposes new restrictions on products with hemp-derived THC went into effect Monday after a federal judge, who previously expressed "serious concerns" about the statute's constitutionality, declined to grant a temporary restraining order halting its enforcement.

  • July 01, 2024

    Ga. E-Commerce Law Blocked By Federal Statute, Judge Says

    A Georgia federal judge on Sunday blocked new state-level regulations on e-commerce platforms from being enforced just a day before they were set to take effect, ruling that the Peach State's planned oversight conflicts with counterparts in federal law.

  • July 01, 2024

    Redbox Parent Chicken Soup For The Soul Hits Ch. 11

    Chicken Soup for the Soul Entertainment Inc., the parent of movie rental kiosk pioneer Redbox, filed for Chapter 11 protection in Delaware bankruptcy court, saying it owes nearly $1 billion to creditors after it wasn't able to secure enough cash to purchase rights to newly released films.

  • July 01, 2024

    Clothing Maker Delta Apparel Hits Ch. 11 With Sale Plans

    Delta Apparel Inc., a Georgia-based clothes manufacturer, and six affiliates filed for Chapter 11 bankruptcy protection in Delaware with around $250 million in debt and plans to sell the lifestyle and clothes brand Salt Life while in bankruptcy.

  • July 01, 2024

    Supreme Court Widens Window To Challenge Federal Regs

    Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.

  • June 28, 2024

    Chevron's End Is Just The Start For Energized Agency Foes

    By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.

  • June 28, 2024

    Visa, Mastercard Can Manage 'Greater' Fee Deal, Judge Says

    Visa and Mastercard could likely tolerate a "substantially greater judgment" than the proposed settlement valued at about $30 billion in multidistrict litigation over the credit card companies' merchant fees, a New York federal judge ruled in an order unsealed Friday evening, rejecting the parties deal.

  • June 28, 2024

    R.I. Pot Residency Rule Unconstitutional, Fla. Resident Claims

    Rhode Island is hogging all the "enormous economic opportunities" associated with retail cannabis for state residents, according to a federal lawsuit filed by a Florida entrepreneur who claims the Ocean State's residency requirement is unconstitutional.

  • June 28, 2024

    Iowa's Hemp Law Could Be 'Unconstitutionally Vague'

    A federal judge on Friday suggested she'd consider blocking an Iowa hemp law, set to go into effect Monday, which would impose new restrictions on THC levels and dole out criminal penalties, saying the statute "potentially raises due process concerns."

  • June 28, 2024

    In Chevron Case, Justices Trade One Unknown For Another

    The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.

  • June 28, 2024

    E-Commerce Not Speech, Strictly Business, Ga. Tells Judge

    Lawyers for the State of Georgia attempted to convince a Georgia federal judge Friday that new regulations on e-commerce platforms set to take effect Monday neither restrict the online platforms' speech, nor do they conflict with a comparable set of restrictions enacted by Congress last year.

  • June 28, 2024

    Split 9th Circ. Revives Part Of Sprout Baby Food Label Suit

    A California couple suing Sprout Foods over nutrient statements on its baby food pouches can pursue a Golden State law claim but not fraud-based claims, a split Ninth Circuit panel ruled Friday, saying federal law doesn't preempt the state's labeling standards, but the parents haven't shown the products were misleading.

  • June 28, 2024

    Rite Aid Ch. 11 Plan OK'd With Insurers' Objections Resolved

    A New Jersey bankruptcy judge Friday approved pharmacy chain Rite Aid's Chapter 11 restructuring plan after the company said it had resolved objections from its insurance carriers to how the plan treats their policies.

  • June 28, 2024

    Calif. Panel Won't Toss Trial Win By AT&T's Cricket

    Cricket Communications Inc. won't have to worry about a 2018 jury trial win being kiboshed after a California appeals court ruled that when it overturned a pretrial ruling because a previous judge failed to disclose that he owned AT&T stock, it didn't mean the entire trial should be undone.

  • June 28, 2024

    2nd Circ. Puts Heat On Internet Archive Over E-Book Lending

    A Second Circuit panel had tough questions Friday for counsel defending the Internet Archive's argument that its free e-book lending program is fair use, questioning the assertion that its system of scanning physical books to convert them to digital form does not harm the market of the four publishers who sued for copyright infringement.

  • June 28, 2024

    Chevron Reversal's Impact In Trade Cases Likely Limited

    The U.S. Supreme Court's decision on Friday overturning Chevron deference is expected to have wide-ranging impacts, but its effect may be less harsh on international trade litigation where the field is virtually clear of cases invoking the now-defunct standard.  

Expert Analysis

  • Recruitment Trends In Emerging Law Firm Frontiers

    Author Photo

    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.

  • How Uyghur Forced Labor Law Affects Importing Companies

    Author Photo

    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.

  • Series

    Glassblowing Makes Me A Better Lawyer

    Author Photo

    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.

  • How Associates Can Build A Professional Image

    Author Photo

    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.

  • Firms Must Rethink How They Train New Lawyers In AI Age

    Author Photo

    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.

  • What 4 Cyber Protection Actions Mean For Marine Transport

    Author Photo

    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.

  • Inside Antitrust Agencies' Rollup And Serial Acquisition Moves

    Author Photo

    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.

  • Think Like A Lawyer: Always Be Closing

    Author Photo

    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.

  • Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk

    Author Photo

    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.

  • Counterfeits At The Olympics Pose IP Challenges

    Author Photo

    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.

  • Series

    Playing Chess Makes Me A Better Lawyer

    Author Photo

    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.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

    Author Photo

    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.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

    Author Photo

    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.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

    Author Photo

    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.

  • Momofuku Chili War May Chill Common Phrase TM Apps

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Retail & E-Commerce archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!