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Retail & E-Commerce
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November 07, 2024
DLA Piper Chile Adds New Dispute Resolution Partner
DLA Piper Chile has welcomed a new partner from Chilean law firm Albagli Zaliasnik to its dispute resolution practice, saying she will focus on civil litigation and arbitration in sectors including energy and finance.
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November 07, 2024
How Penn State Trial Against Retailer Could Upend TM Law
The Pennsylvania State University and an online retailer of goods bearing retro logos and images of schools and sports teams are set to clash in a trademark trial next week that could upend how courts examine infringement claims.
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November 07, 2024
9th Circ. Finds No Jurisdiction In LG Chem Battery Suit
The Ninth Circuit upheld the dismissal of a suit against LG Chem Ltd. over a lithium-ion battery used in an e-cigarette that allegedly burned a California man, finding that the lower court was correct in holding that it had no jurisdiction over the case.
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November 07, 2024
ITC Finds Dell, ASUSTeK, Acer Imports Don't Infringe Patent
The U.S. International Trade Commission has found that various computer hardware companies, including Dell, never infringed claims in an X1 Discovery Inc. patent related to indexed searching by importing consumer products with certain Microsoft software.
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November 07, 2024
Strip Mall, Insurer Agree To End Repair Payments Dispute
A Tennessee strip mall owner and its insurer agreed to bury the hatchet Thursday and resolve claims the insurance company withheld costs for building repairs via wrongful depreciation, Wisconsin federal court filings said.
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November 07, 2024
Eye Drop Maker To Pay $3.6M To Settle Class Claims
A maker of homeopathic eye drops has agreed to pay nearly $3.6 million to settle claims its products are being sold as drugs without U.S. Food and Drug Administration approval and don't meet manufacturing safety standards, according to a preliminary settlement agreement filed Wednesday.
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November 07, 2024
LeBron Eyes Media Merger, AI Startup IPO, And More Rumors
Basketball star LeBron James wants to merge his TV and film production company with a British studio, while AI-focused startup CoreWeave has selected investment banks to manage an initial public offering planned for 2025, plus a women's clothing retailer and a generic-drug maker are planning a pair of listings that could revive Canada's dormant IPO market.
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November 06, 2024
FTC Pushes For Amazon Docs In Antitrust Case
The Federal Trade Commission on Tuesday urged a federal court in Seattle to make Amazon hand over documents in the agency's monopolization case against the e-commerce giant, saying its discovery requests aren't unduly burdensome given the breadth of Amazon's alleged anticompetitive conduct.
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November 06, 2024
Intel Accused Of Touting 'Defective' Raptor Lake Processors
Intel has continued to promote the purported speed and performance of its "defective" 13th and 14th generation desktop processors, which go by the code name Raptor Lake, according to a proposed class action filed Tuesday in California federal court.
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November 06, 2024
Danone Beats Suit Alleging Microplastics In Evian, For Now
An Illinois federal judge on Tuesday granted Danone Waters of America's request to dismiss a putative class action accusing the Evian-maker of violating Illinois and California state consumer fraud statutes by labeling its spring water as "natural" even though the product contains microplastics, finding the claims are preempted by federal law.
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November 06, 2024
Masimo Expert Cites LED And Foam As Evidence Apple Stole IP
Apple misappropriated Masimo's pulse oximetry trade secrets and used them to improve its Apple Watch, a Masimo expert witness testified in California federal court Wednesday, pointing to Apple's use of a short circuit LED and a black foam test.
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November 06, 2024
Nike False Ad Claims In StockX TM Fight Must Go, Judge Told
Online resale marketplace StockX has asked a New York federal judge to end Nike's counterfeiting and false advertising claims, saying that StockX has actually prevented the sale of millions of suspected counterfeits and that "Nike strains credulity when it claims StockX is a willful counterfeiter."
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November 06, 2024
Albertsons Hit With Discovery Sanctions In Wash. Opioid Suit
A Washington state judge has partially granted the state's sanctions request in its suit accusing Albertsons of exacerbating the opioid crisis, agreeing that the grocery store chain took an "unreasonable" stance in refusing to respond to outstanding discovery requests because a deadline had passed while the case was paused.
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November 06, 2024
After Electoral Defeats, Cannabis Advocates Eye Next Steps
Cannabis industry advocates and reform activists struck a note of cautious optimism Wednesday following an expected Republican electoral sweep of the federal government, while opponents of legalization touted the defeat of multiple statewide ballot measures as proof of their position that marijuana reform efforts were losing support.
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November 06, 2024
Seattle Judge Wants Plaintiff's Comms In IPad Antitrust Suit
A Seattle federal judge has ordered Hagens Berman Sobol Shapiro LLP to produce its communications with a client who allegedly ghosted the firm before determining if the attorneys may withdraw from representing the class representative in a proposed antitrust class action against Apple and Amazon.
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November 06, 2024
Tempur Sealy, Mattress Firm Ask Court To Pause FTC Case
Tempur Sealy and Mattress Firm asked a Texas federal court to prevent the Federal Trade Commission's in-house merger case from moving ahead until after there is a decision on their constitutional challenge of the agency's process.
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November 06, 2024
Amazon Can't 'Just Walk Out' On BIPA Claims
An Illinois federal judge largely allowed two biometric privacy suits to proceed against Amazon and a Midway Airport shop operator over Amazon's Just Walk Out cashierless checkout technology, trimming just an unlawful profiting claim against the travel retailer.
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November 06, 2024
Kratom Co. Failed To Warn Of 'Addictive Potential,' Suit Says
The company behind Kryptic Kratom and K-Chill branded supplements was hit with a proposed class action accusing the company concealing the "addictive potential" of kratom, which the suit likens to opioids, morphine and heroin.
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November 06, 2024
Mass. Tobacco Law's Penalty Provision Hits State's Top Court
Massachusetts' highest court on Wednesday attempted to reconcile a state law mandating a $1,000 fine for selling flavored tobacco products with a separate statute requiring local officials to file a criminal complaint if they seek to enforce penalties of that amount.
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November 06, 2024
HP Applicant Gets Pay Posting Suit Sent Back To State Court
A Washington federal judge sent back to state court a job applicant's proposed class action accusing HP of violating state law by failing to include salary ranges in job postings, saying the worker hasn't shown she has standing to pursue the dispute in federal court.
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November 06, 2024
NJ Co. Not Giving Refunds For Lead-Tainted Toys, Suit Claims
Three consumers have alleged in Garden State federal court that New Jersey-based toy-maker Red Toolbox is refusing to issue refunds for a gardening toy set that was recalled because it contained levels of lead that exceed the federal lead paint threshold, according to a proposed class action.
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November 06, 2024
What A Second Trump Term Could Mean For FDA And CPSC
The historic reelection of former President Donald Trump could lead to shake-ups at the U.S. Food and Drug Administration and the U.S. Consumer Product Safety Commission, while questions remain about what policies he will enact.
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November 06, 2024
Former Walmart Manager Can Proceed With OT Suit
A former Walmart manager supported her claims for unpaid overtime in her misclassification suit, a Georgia federal judge said Wednesday, rejecting the retail company's bid to toss her lawsuit.
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November 06, 2024
Simpson, Clifford Chance Build $4B Blackstone Deal For REIT
Blackstone announced Wednesday it will pay $4 billion to acquire grocery store-focused real estate investment trust Retail Opportunities Investment Corp., in a deal built by respective legal advisers Simpson Thacher & Bartlett LLP and Clifford Chance US LLP.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
Expert Analysis
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Opinion
It's Time To Sound The Alarm About Lost Labor Rights
In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.
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Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus
Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Deadline Extension Highlights PFAS Reporting Complexities
The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.
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2nd Circ. American Girl Ruling Alters Test Purchase Norms
The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.