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Retail & E-Commerce
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June 24, 2024
Apple, Amazon Assail Hagens Berman's Class Rep 'Charade'
Apple and Amazon.com blasted Hagens Berman Sobol Shapiro LLP for trying to "have it both ways" in an antitrust suit over a pact between the companies restricting Amazon iPhone and iPad sales to approved vendors, arguing the firm cannot withdraw its original named plaintiff without forcing him to testify.
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June 24, 2024
Bid To Undo $71M Christmas Tree Patent Verdict Rejected
A Minnesota federal judge on Monday rejected a posttrial motion by Polygroup Ltd. seeking to overturn a $71.4 million judgment against it for infringing rival Willis Electric Co Ltd.'s artificial Christmas tree patent, saying the company failed to show that the verdict was against the clear weight of the evidence.
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June 24, 2024
Illinois, Other States Back FTC Bid To Affirm Intuit Ad Ruling
Illinois, along with 20 other states and the District of Columbia, defended the Federal Trade Commission in tax software giant Intuit's Fifth Circuit constitutional challenge to the agency's findings that the company engaged in deceptive advertising, saying in an amicus brief that the FTC's conclusion was correct.
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June 24, 2024
Mars Beats Dove Chocolate False Ad Suit At 9th Circ.
The Ninth Circuit affirmed the dismissal Monday of a proposed class action claiming that a Mars subsidiary falsely advertised its Dove dark chocolate products as being made without using child slave labor or contributing to rainforest deforestation, finding that the candy packages' "Rainforest Alliance Certified farms" labeling isn't misleading.
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June 24, 2024
Missed Forecasts 'Not Fraud,' Advance Auto Tells Investors
Advance Auto Parts Inc. and its top brass are looking to exit a proposed class action alleging they misled investors about the failure of a new pricing strategy and purposefully inflated the impact of price reductions, saying that missed forecasts and accounting errors "are not fraud."
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June 24, 2024
Gucci Goods Sourced From Mistreated Reptiles, Suit Says
Gucci and parent company Kering Americas are facing a proposed class action in Illinois state court by a former sales associate who accuses the luxury retailers of falsely claiming that their exotic-skin goods are humanely sourced, even though an investigation purportedly revealed that at least two Kering-owned tanneries were subjecting crocodiles and pythons to abusive slaughtering practices.
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June 24, 2024
Tax Preparers Win Recommendation For Class Cert. In OT Suit
A group of tax preparers have met the requirements to form a class in a suit accusing their former employer of failing to pay overtime, a New York federal magistrate judge said, rejecting the employer's argument that their request for class status came too late.
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June 24, 2024
Catching Up With Delaware's Chancery Court
Amendments to Delaware's General Corporation Law topped the news out of the Court of Chancery again last week, as the hotly contested measure sailed through the state's legislature. Tesla and its shareholders continued their tug-of-war over attorney fees for Chancery litigation about Elon Musk's pay package, and new cases were filed involving biotechs, car rental companies, workout platforms, telecom towers, and a cargo ship fire in Brazil.
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June 24, 2024
Fragrance Co. Fined €15.9M For Deleting WhatsApp Messages
The European Commission fined International Flavors & Fragrances Inc. €15.9 million ($17 million) on Monday, after enforcers said a senior employee deleted WhatsApp messages during an investigation of potential anti-competitive activity in the fragrance industry.
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June 24, 2024
Google's Brin, Pichai Must Face Texas Ad Tech Depos
Google CEO Sundar Pichai is bound for the deposition chair for four hours of testimony while company co-founder Sergey Brin is facing two and a half hours after a Texas federal judge refused Friday to spare the executives from a state enforcer antitrust lawsuit targeting the search giant's digital advertising placement technology.
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June 24, 2024
CSG Ups Purchase Price For Vista's Kinetic Group To $2B
Marking the latest update in its bid to scoop up Vista Outdoor Inc.'s various businesses, Czech defense company Czechoslovak Group AS has raised its proposal to purchase Vista's sporting products division to $2 billion, a $90 million increase over the original price lobbed by the defense company back in October.
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June 24, 2024
2nd Circ. Reopens Insider Trading Suit Against Hedge Fund
The Second Circuit on Monday revived a lawsuit accusing hedge fund Raging Capital Management LLC of profiting off its position as a corporate insider of 1-800-Flowers, rejecting arguments that a recent U.S. Supreme Court ruling overturned circuit precedent allowing shareholders to sue beneficial owners who partake in short-swing trading.
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June 24, 2024
Paper Bag Imports Found To Have Harmed US Industry
The U.S. International Trade Commission ruled that paper shopping bags from eight countries harmed the domestic industry, providing the final green light for the U.S. Department of Commerce to enact countervailing and anti-dumping duties on the products.
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June 24, 2024
Blumenauer Predicts Cannabis Rescheduling Before Year-End
U.S. Rep. Earl Blumenauer, D-Ore., a longtime champion of cannabis reform in Congress who is retiring this year, told cannabis attorneys on Monday that he was optimistic marijuana would be moved to Schedule III under the federal Controlled Substances Act before the end of the year.
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June 24, 2024
Justices Won't Hear Objections To $2.67B BCBS Deal
The U.S. Supreme Court refused on Monday to review Home Depot's challenge of a $2.67 billion settlement in antitrust litigation targeting Blue Cross Blue Shield, along with a separate challenge of the attorney fees awarded for the deal.
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June 21, 2024
Under Armour To Pay $434M To End Securities Fraud Claims
Under Armour Inc. has agreed to shell out $434 million to put to rest claims it inflated stock prices by hiding declining demand for its products, investors announced Friday, reaching a deal just weeks before a jury trial was set to kick off in Maryland federal court.
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June 21, 2024
Nike Misled Investors On Sales Strategy, Ore. Class Suit Says
Nike and two executives were hit with a proposed class action lawsuit in Oregon federal court over securities law violations, with a Florida-based pension fund alleging stock value declined as the shoe corporation continued to mislead investors on the success of a change in sales strategy.
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June 21, 2024
Live Nation Investor Sues Leaders Over DOJ Antitrust Claims
Live Nation's executives and directors were hit with a shareholder derivative lawsuit Friday in California federal court that seeks damages in the wake of the U.S. Department of Justice's allegations that the company monopolized concert promotion and ticket sales following its 2010 merger with Ticketmaster.
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June 21, 2024
Vape Co. Settles With FDA Over Denied Product Applications
The maker of Juno brand e-cigarettes is just weeks away from settling a dispute with the U.S. Food and Drug Administration and the U.S. Department of Health and Human Services over allegations that the agencies violated the Administrative Procedure Act by refusing to review the manufacturer's applications on 12 products.
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June 21, 2024
Chicago Cubs Cry Foul Over Rooftop Owner's Ticket Sales
The Chicago Cubs have sued the owner of a rooftop venue with a view of Wrigley Field, accusing him of selling tickets for Cubs games and other events at the stadium despite having an expired license to do so and profiting off the infringement of the Cubs' intellectual property rights.
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June 21, 2024
Treasury Unveils Rules Curtailing Outbound Tech Investments
The U.S. Department of the Treasury on Friday proposed rules to implement President Joe Biden's executive order aimed at restricting American investments in certain technologies that China is developing, including artificial intelligence systems, that are deemed threats to national security.
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June 21, 2024
5th Circ. Undoes Part Of TM Ruling In Appliance Stores' Fight
The Fifth Circuit on Friday partly reversed a Texas federal court's conclusion that a San Antonio appliance company infringed two marks of rival business Appliance Liquidation Outlet LLC, finding that while the name of the store is a valid trademark, the shorthand "Appliance Liquidation" is not.
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June 21, 2024
Fed. Circ. Backs Subsidy Duties For Canadian Wind Towers
A Canadian wind tower manufacturer can't get a break on countervailing duties despite being upfront about errors in its sales data, with the Federal Circuit ruling Friday that the errors raise the possibility of additional mistakes.
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June 21, 2024
Tube Co. Blames Denied Duty Refund Claim On CBP Error
A steel importer told the U.S. Court of International Trade on Friday that customs officials refused to honor a waiver for $241,000 worth of national security tariffs based on an import classification issue that they allegedly created.
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June 21, 2024
Costco Sued Over PFAS In Kirkland Brand Baby Wipes
Costco is facing a proposed class action over its fragrance-free "natural" baby wipes, which consumers claim are made with toxic levels of forever chemicals, rendering them unsafe for use on children.
Expert Analysis
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Patent Lessons From 4 Federal Circuit Reversals In April
Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls
A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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High-Hazard Retailers: Are You Ready For OSHA Inspections?
In light of a bill introduced this month in Congress to protect warehouse workers, relevant employers — including certain retailers — should remain aware of an ongoing Occupational Safety and Health Administration initiative that has increased the likelihood of inspection over the next couple of years, say Julie Vanneman and Samantha Cook at Dentons Cohen.
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Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Del. Dispatch: Chancery's Evolving Approach To Caremark
Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.
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Why Employers Shouldn't Overreact To Protest Activities
Recent decisions from the First Circuit in Kinzer v. Whole Foods and the National Labor Relations Board in Home Depot hold eye-opening takeaways about which employee conduct is protected as "protest activity" and make a case for fighting knee-jerk reactions that could result in costly legal proceedings, says Frank Shuster at Constangy.
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ITC Ruling Has Serious IP Implications For Foreign Imports
While a recent U.S. International Trade Commission decision is a win for trade secret owners who can show injury to a U.S. domestic industry, the decision also means that companies operating in foreign jurisdictions will be subject to the requirements of U.S. trade secret law, say Paul Ainsworth and Cristen Corry at Sterne Kessler.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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TTAB Ruling Raises Foreign-Language Mark Questions
The Trademark Trial and Appeal Board's recent decision to cancel the Veuve Olivier registration due to its similarity to Veuve Clicquot brings new focus to the treatment of foreign terms and the doctrine of foreign equivalents, say attorneys at Finnegan.
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Best Practices To Accommodate Workplace Service Animals
Excerpt from Practical Guidance
Since the U.S. Equal Employment Opportunity Commission recently pledged to enforce accommodations for people with intellectual, developmental and mental health-related disabilities, companies should use an interactive process to properly respond when employees ask about bringing service animals into the workplace, say Samuel Lillard and Jantzen Mace at Ogletree.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Opinion
State-Regulated Cannabis Can Thrive Without Section 280E
Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.