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Retail & E-Commerce
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October 28, 2024
Amazon, Google Accuse Website Of Selling Fake Reviews
Amazon and Google filed parallel lawsuits Monday in federal court against the entities behind a website they say facilitates fake product and business reviews, saying in an announcement that the two tech giants teamed up to "take action against bad actors attempting to deceive customers."
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October 28, 2024
9th Circ. Says Amazon Auto-Renewal Suit Is Too Late
The Ninth Circuit said Monday that a proposed class action accusing Amazon of duping Prime subscribers into paying for memberships in its audiobook seller, Audible, was filed after a three-year statute of limitations under New York law had expired.
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October 28, 2024
Ind. Tax Board Cuts Target Store's Assessment By $500K
An Indiana Target's property tax assessment should be lowered by roughly $500,000 for three tax years, the state Board of Tax Review said, finding the retailer's income capitalization approach to the valuation persuasive.
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October 28, 2024
J. Crew Asks Court To Ratify Ex-GC's Arbitration Loss
J. Crew is asking a New York federal judge to confirm an arbitrator's ruling from earlier this month that found it hadn't fired its former legal chief, Maria DiLorenzo, in retaliation for her complaints about colleagues' discriminatory comments about her hearing loss.
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October 28, 2024
Attys Seek $48M Fees For Hooking $152M In Tuna Fixing Deals
Lawyers for a class of consumers that sued three of the largest tuna producers accusing them of conspiring to fix tinned fish prices asked a California federal court to approve nearly $50 million in legal costs after a settlement this summer ended nearly nine years of multidistrict litigation.
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October 25, 2024
Alibaba Agrees To $433.5M Deal In Nearly 4-Year Investor Suit
Alibaba Group has agreed to shell out $433.5 million to resolve a proposed class of investors' allegations it made misstatements about its exclusivity practices and the planned $34 billion initial public offering of a fintech affiliate, the Chinese e-commerce company said in a U.S. Securities and Exchange Commission filing on Friday.
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October 25, 2024
Apple-Google Pact Plaintiff Stuck With 9th Circ. Appeal
A Ninth Circuit panel has refused to let a training school send its case accusing Google of paying Apple to refrain from developing its own search engine back to district court in light of a recent D.C. federal judge's decision that Google monopolizes the search market.
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October 25, 2024
Jury Mostly Sides With Woodland Tools On False Ad Claims
A Wisconsin federal jury has largely found in favor of gardening toolmaker Woodland Tools on allegations that competitor Fiskars Brands made false claims about the design origin and cutting power of Fiskars products including pruners and shears.
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October 25, 2024
At Home Settles Suit Over 'Luxury' Sheets' Thread Count
Home decor chain At Home has escaped a proposed class action accusing it of exaggerating the thread count of its high-end sheet sets, after the lead plaintiffs withdrew their complaint in Illinois federal court.
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October 25, 2024
Judge Won't Rethink $750K For P&G Worker's Ex-Girlfriend
A Pennsylvania judge won't reconsider her decision to let the estranged ex-girlfriend of a deceased Procter & Gamble employee claim more than $754,000 he had in an investment account, ruling that the employee's estate hadn't cited any new evidence or changes in law to overcome the beneficiary form he'd left untouched since the late 1980s.
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October 25, 2024
Pink Is Too Close To Purple, National Gypsum Judge Says
Drywall manufacturer National Gypsum has convinced a Chicago federal judge that new shades of pink used by a company that makes shower wall niches broke the terms of an injunction that was issued after a jury sided with National Gypsum in a legal dispute over the use of the color purple in construction materials.
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October 25, 2024
Ex-Abercrombie CEO Pleads Not Guilty, Gets $10M Home Bail
Former Abercrombie & Fitch CEO Michael Jeffries pled not guilty on Friday to charges of operating a sex trafficking and prostitution ring that preyed on male models, and was released to home confinement on a $10 million bond.
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October 25, 2024
Amazon Presses Drivers To Hand Over Docs, Info In Wage Suit
Amazon said that 17 named plaintiffs in an eight-year suit accusing the online retail giant of misclassifying drivers as independent contractors failed to meet discovery demands, urging a Washington federal judge to order them to fulfill the requests within 10 days.
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October 25, 2024
Ex-Worker Says Circle K Failed To Provide OT, Breaks
Convenience store company Circle K failed to pay workers overtime wages and provide them with meal and rest periods, the workers alleged Friday in California state court.
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October 25, 2024
Paris Apparel Co. Valued At €505M As Permira Takes Stake
Private equity giant Permira is taking a significant minority stake in Parisian outdoor-inspired lifestyle brand K-Way from Italian apparel giant BasicNet in an agreement that values K-Way at an enterprise value of €505 million ($545.3 million), the parties announced in a Friday statement.
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October 25, 2024
Big Lots Inc. Gets OK For Oct. 30 Ch. 11 Asset Auction
A Delaware bankruptcy judge Friday approved discount retailer Big Lots Inc.'s plans to put itself on the block next week after hearing the provider of the baseline bid for the sale had secured the financing for its $760 million offer.
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October 25, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the Competition and Markets Authority take action against a mattress retailer after it was caught pressuring its customers with misleading discounts, Lenovo and Motorola target ZTE Corporation with a patents claim, Lloyds Bank hit by another claim relating to the collapse of Arena Television and U.K. tax authority HMRC sued by the director of an electronics company that evaded millions of pounds in VAT. Here, Law360 looks at these and other new claims in the U.K.
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October 25, 2024
North Carolina Merchandiser Settles FLSA Suit Over OT Pay
A field service representative and the retail support provider he sued claiming unpaid overtime told a North Carolina federal court that they settled a Fair Labor Standards Act collective suit.
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October 24, 2024
Colo. Says Grocers' Execs Get Paid, No Matter The Fallout
Colorado told a state judge Thursday that consumers bear the risk in a proposed $24.6 billion merger between Kroger Co. and Albertsons, arguing grocery executives will still get their multimillion-dollar payouts even if prices go up or stores close.
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October 24, 2024
2nd Circ. Largely OKs Gun Control Law After High Court Order
The Second Circuit on Thursday stood by its previous decision that largely vacated an order enjoining several of New York's gun restrictions, saying a recent U.S. Supreme Court ruling the high court told it to consider on remand had "little direct bearing" on its prior conclusions.
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October 24, 2024
FINRA Says Its Regs Apply To Metaverse, Seeks Comments
Broker-dealers and other firms that are weighing incorporating the metaverse into their business operations should be mindful of how Financial Industry Regulatory Authority rules apply to such activities and reach out with any concerns about regulatory ambiguities, the regulator said Thursday.
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October 24, 2024
Walmart Sued Over Deceptively Marketed Avocado Oil
A Florida woman filed a proposed class action accusing Walmart Inc. of falsely advertising its avocado oil, deceiving consumers into thinking it was pure when it was actually cut with cheaper oils.
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October 24, 2024
Hemp Shops Sue DC Over Cannabis Raids
Washington, D.C.'s cannabis authority is unjustly targeting two hemp retailers, preventing them from selling a number of their products and pushing them to the "brink of collapse," after incorrectly assuming they sell illicit marijuana, according to a lawsuit filed in D.C. superior court.
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October 24, 2024
Walmart Hid Patent Evidence, Co.'s Sanctions Bid Claims
Zest Labs wants Walmart sanctioned in a suit claiming the retail giant stole the startup's trade secrets related to shelf-freshness technology, telling an Arkansas federal judge that Walmart hid important evidence about patents it had filed applications for.
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October 24, 2024
Trade Orgs Back Google's Bid For 9th Circ. Play Store Pause
Trade groups and cybersecurity experts have told the Ninth Circuit to extend the pause on the mandate forcing Google to open up its Play Store and help rival app stores compete through that distribution mechanism, backing Google with amicus briefs warning of major disruptions to the app ecosystem.
Expert Analysis
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Series
Glassblowing Makes Me A Better Lawyer
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.
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How Associates Can Build A Professional Image
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.
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Firms Must Rethink How They Train New Lawyers In AI Age
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.
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What 4 Cyber Protection Actions Mean For Marine Transport
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.
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Inside Antitrust Agencies' Rollup And Serial Acquisition Moves
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.
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Think Like A Lawyer: Always Be Closing
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.
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Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk
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.
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Counterfeits At The Olympics Pose IP Challenges
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.
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Series
Playing Chess Makes Me A Better Lawyer
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.
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Crafting An Effective Workplace AI Policy After DOL Guidance
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.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
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.
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Lean Into The 'Great Restoration' To Retain Legal Talent
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.
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Momofuku Chili War May Chill Common Phrase TM Apps
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.
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Unlocking Blockchain Opportunities Amid Legal Uncertainty
Dozens of laws and legal precedents will come into the fore as Web3, metaverse and non-fungible tokens gain momentum, so organizations need to design their programs with a broader view of potential exposures — and opportunities, say Teresa Goody Guillén and Robert Musiala at BakerHostetler and Steve McNew at FTI Consulting.
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4 Ways Businesses Can Address Threat Of Mass Arbitration
Attorneys at DLA Piper examine the rise of mass arbitration in light of JAMS' new procedures and guidelines, and provide four steps e-commerce businesses can take when revising their dispute resolution provisions to maximize the chances those revisions will be held enforceable.