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Retail & E-Commerce
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July 10, 2024
Airgun Co. Drops Counterclaim Against Swedish Supplier
An American airgun seller has dropped its counterclaim alleging in the North Carolina Business Court that its Swedish supplier sabotaged a business relationship as part of a deal to end a court battle between the two former partners.
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July 10, 2024
Wells Fargo Knew of 'Free Trial' Marketing Scam, Plaintiffs Say
A California federal judge was asked to keep alive a lawsuit alleging that through its problematic sales practices, Wells Fargo played a supporting role in two "free trial" marketing scams that pulled $200 million from consumers, with the plaintiffs arguing evidence shows Wells Fargo knew about the alleged fraud.
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July 10, 2024
Cheech And Chong's Co. Hits Colo. Cannabis Cos. With IP Suit
Cheech and Chong's Cannabis Co. has filed an infringement lawsuit against a Colorado entrepreneur, accusing him of using the comedy duo's likeness after being explicitly warned not to, according to a lawsuit filed in Colorado state court.
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July 10, 2024
Wyoming Officials Urge Court Not To Block New Hemp Law
Wyoming state officials have urged a federal judge not to block enforcement of a new law targeting hemp-derived intoxicating products, saying the law is not preempted by federal policy and that the state has an interest in cracking down on such wares.
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July 10, 2024
Redbox Parent To Liquidate After 'Train Wreck' Mismanagement
Attorneys for the parent of Redbox Entertainment on Wednesday told a Delaware bankruptcy judge that "massive mismanagement" of the DVD rental company had left them with no choice but to ask for conversion of the Chapter 11 case to a Chapter 7 liquidation, with lenders unwilling to extend new financing amid doubts about the remaining value of the firm.
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July 10, 2024
Nike Wins Another Look At TM Atty Fees Ruling At 3rd Circ.
The Third Circuit on Wednesday undid a $5 million attorney fee award to a Pennsylvania clothing manufacturer that sued Nike Inc. for trademark infringement, ordering a federal trial court to look more closely at the specifics of the case to determine if the outcome was truly "exceptional."
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July 10, 2024
Walmart IP Foe May Face $2.9M Penalty After Jury Win Tossed
Counsel for a food tech startup that saw its $115 million patent infringement verdict against Walmart nixed may be ordered to pay the retail giant's $2.9 million legal bill due to misrepresentations about a key piece of evidence, an Arkansas federal judge said.
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July 10, 2024
Troutman Pepper Adds MoFo Financial Services Atty In DC
An experienced financial services attorney has jumped from Morrison Foerster LLP to Troutman Pepper Hamilton Sanders LLP's office in Washington, D.C.
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July 10, 2024
2 Roundup MDL Cases Axed After Plaintiffs Fail To Act
A California federal judge presiding over multidistrict personal injury litigation related to the Monsanto herbicide Roundup has ended two of the numerous cases, with one tossed for failure to prosecute and the second ending in an early win for Monsanto after the plaintiff failed to file a response, amid ongoing concerns that plaintiffs' attorneys are overtaxed.
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July 10, 2024
Keurig Dr. Pepper Sent Mass Anti-Union Texts, Workers Say
Keurig Dr. Pepper has been accused in Illinois state court of sending mass anti-union text messages to the personal cellphone numbers of its factory workers, in violation of their privacy.
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July 10, 2024
Prove Steel Is North American Or Pay Levy, White House Says
Importers bringing steel and aluminum goods from Mexico must prove that the metals were forged in North America or face national security tariffs starting Wednesday, as part of the Biden administration's effort to counter Chinese goods rerouted through Mexico to avoid duties.
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July 09, 2024
Nirvana, Marc Jacobs Reach Deal In Smiley Face Logo Fight
The rock band Nirvana, the fashion brand Marc Jacobs International LLC and a former record company employee have reached a settlement resolving a yearslong dispute over Nirvana's "smiley face" logo, according to a joint report filed in California federal court Tuesday.
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July 09, 2024
No Proof Consumers Vexed By 'Spring' Water, Court Told
Nestle Waters North America Inc. on Tuesday urged a Connecticut federal judge to dismiss a lawsuit alleging that Poland Spring water does not emanate from an actual spring, arguing that references to spring water on product labels mean different things to different consumers and that no confusion has been proved.
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July 09, 2024
2 Cases In Visa, Mastercard MDL Ready For Trial, Judge Says
The New York federal judge handling multidistrict litigation over Visa and Mastercard merchant fees suggested on Monday separating from the MDL the lawsuits involving the Target and 7-Eleven plaintiffs, saying the cases are ready for trial and should be transferred to the Southern District of New York.
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July 09, 2024
FTC Deal Bars Messaging App From Allowing Users Under 18
Anonymous messaging app maker NGL Labs LLC and two of its founders will shell out $5 million and be banned from offering the service to anyone under age 18 to resolve the Federal Trade Commission and Los Angeles County's claims that they unfairly marketed the app to children and teens and falsely portrayed their content moderation efforts.
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July 09, 2024
Fla. Judge Won't Nix Antitrust Claims Against Alcon
The Florida federal judge presiding over the multidistrict litigation alleging disposable contact lens sellers conspired to fix prices refused Tuesday to let Alcon escape antitrust claims by an online contact lens reseller and sent the suit back to New York.
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July 09, 2024
Amazon Gets 'Buy Box' Rigging Case Tossed, For Now
A Washington federal court has dismissed a proposed class action accusing Amazon of using its "Buy Box" feature to deceive consumers after finding that the two men bringing the claims failed to include any details about the transactions they made and allegedly overpaid for.
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July 09, 2024
FTC Is Denied Amazon's Instructions On Signal Use, For Now
A Washington federal judge refused Tuesday to give the Federal Trade Commission a peek into what it contends is the extensive use of Signal by Jeff Bezos and other top Amazon.com executives to hide communications relevant to a monopolization lawsuit, preferring to order deposition testimony on that use first.
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July 09, 2024
Google Says Social Media Ruling Hurts Common Carrier Case
Google is telling an Ohio state court that a recent U.S. Supreme Court ruling bolsters its case against being reclassified as a common carrier.
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July 09, 2024
CBD Cos. Tell Justices RICO Can't Cover Personal Injury
A trio of CBD companies on Tuesday urged the U.S. Supreme Court to find that a trucker fired for a positive drug test cannot bring a personal injury claim under the Racketeer Influenced and Corrupt Organizations Act.
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July 09, 2024
Cannabis Co. Stiiizy Should Face Delta-8 Suit, Court Told
A California purveyor of delta-8-infused vapes shouldn't be allowed to escape consumer claims that its products contain levels of THC above the legal limits, the plaintiffs behind a proposed class action have argued, saying the company has attempted to do too much business in Illinois to evade personal jurisdiction.
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July 09, 2024
Steve Madden Blasts Skechers' TM Suit Over Shoes
The Steve Madden brand pushed back Tuesday against a lawsuit in California federal court from Skechers alleging that one of Steve Madden's companies, Dolce Vita Footwear, infringed its trademark and design patent rights, rejecting Skechers' contention that its "S" marks are famous.
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July 09, 2024
Fight Over Golf-Aid Sales Puts Amazon In RICO Hot Seat
A pair of golf marketing companies conspired with Amazon to cash in on the sale of popular equipment endorsed by top-ranked golfer Scottie Scheffler after tricking the manufacturer into selling it to them wholesale, the equipment-maker claimed in a fraud and RICO suit filed in California federal court on Tuesday.
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July 09, 2024
NYC Defends Policy Of Shuttering Unlicensed Pot Stores
New York City defended its policy of padlocking stores selling marijuana without a license, saying the stores represent a threat to public health, and it urged a federal judge in Manhattan to reject an injunction sought by more than two dozen targeted retailers.
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July 09, 2024
2nd Circ. Urged To Toss Cannabis Dormant Commerce Suit
New York cannabis regulators have urged the Second Circuit to disregard a California lawyer's efforts to upend the state's licensing program, arguing that the dormant commerce clause doesn't apply to marijuana, a substance that Congress has not permitted to be traded between states.
Expert Analysis
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
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NY CRE Lenders Need Clarity On Foreclosure Standing
Recent contradictory New York case law regarding issues of standing in commercial real estate litigation creates confusion for borrowers and lenders alike, and should be addressed by courts in advance of the anticipated onslaught of commercial mortgage-backed securities foreclosures, say Christopher Gorman and John Muldoon at Rosenberg & Estis.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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3 Key Class Action Trends To Use As Guidance In 2024
Telephone Consumer Protection Act, privacy and false advertising class actions saw significant shifts last year — including a trend toward expanding the application of preexisting laws to current technologies — that businesses should keep in mind to navigate the class action landscape in 2024, say attorneys at Mintz.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Time To Step Up PFAS Due Diligence In Cross-Border M&A
Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.
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Bill Could Pave Path To 'Safer' Banking For Cannabis Industry
The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, which was recently passed by a U.S. Senate committee, creates potential for financial inclusion of legally operating cannabis businesses and could promote recognition of the disconnect between federal laws and services unavailable to the industry, says Mark Bell at Stinson.
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How 4 State AGs Are Shaping Data Privacy Compliance
As the landscape of state data privacy laws continues to grow across the nation, understanding how state attorneys general — such as in California, Colorado, Connecticut and Virginia — are thinking about these laws is critical to begin forecasting how enforcement will play out, say Michelle Kallen and Daniel Echeverri at Jenner & Block.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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Landmark Product Safety Prosecution May Signal Sea Change
U.S. v. Chu, a novel prosecution and guilty verdict of corporate executives for failing to report product defects under a consumer safety law, will certainly not be the last case of its kind, and companies will need to prepare for the government’s increasingly aggressive enforcement approach, say attorneys at Cooley.
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Top Considerations For Retailers Using AI To Combat Theft
The Federal Trade Commission's recent enforcement action against Rite Aid indicates a significant evolution in the landscape surrounding biometric information and artificial intelligence data collection by retailers, meaning retailers should take reasonable measures to prevent harm to customers, say attorneys at Dentons.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Key Issues When Navigating A Tenant's Bankruptcy
In light of recent Chapter 11 filings by Rite Aid and WeWork — companies with thousands of commercial leases — practitioners should review issues that can arise when bankruptcy is used to exit a lease, including the consequences of lease rejection and the statutory cap on landlord damage claims for a rejected lease, say attorneys at Proskauer.
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5 Securities Litigation Issues To Watch In 2024
There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.
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Breaking Down The New FCC Lead Generation Rules
The Federal Communications Commission's new rules to close the so-called lead generator robocall and robotexts loophole herald a transformative halt to the traditional lead generation industry, necessitating the development of entirely new marketplace solutions to align with the impending compliance requirements, says Alexis Buese at Bradley Arant.