Retail & E-Commerce

  • December 03, 2024

    Insurer Says No Coverage For Fishery's $2M Water Damage

    An insurer told an Arizona federal court it owed no coverage to a seafood company embroiled in underlying litigation over more than $2 million in water damage, saying the fishmonger's splashing at its rental property wasn't accidental and its polices weren't in effect at the time.

  • December 03, 2024

    Judge Trims Fraud Claims From Mead Johnson Formula Suit

    An Illinois federal judge on Monday partially granted a bid by Mead Johnson to toss a class action alleging at least seven types of infant formula it sold contained undisclosed heavy metals, throwing out some warranty and fraud claims and claims related to products the lead plaintiff didn't purchase, but allowing the rest of the complaint to move forward.

  • December 03, 2024

    9th Circ. Affirms Circle K's Win In Gas Pricing Row

    The Ninth Circuit upheld Circle K Stores' win against retail gas stations that accused the convenience chain of setting high gas prices in bad faith, finding Tuesday that Circle K's prices were "within the range" of those charged by its competitors and lower than at least one refiner.

  • December 03, 2024

    Tech Giants Seek Firm's Communications With Elusive Client

    Apple and Amazon want Hagens Berman Sobol Shapiro LLP to turn over texts and emails with a client who disappeared from a putative class action against the tech giants, to determine whether the plaintiff consented to the case continuing in his absence.

  • December 03, 2024

    Nike Drops $4M Damages Bid In Air Jordan Knockoff Suit

    Nike has dropped its bid for $4 million in damages from a small clothing company and its founder, who were blocked by a New Jersey federal judge last month from selling knockoffs of the brand's iconic Air Jordan 1 High sneakers.

  • December 02, 2024

    Trial Begins In Trader Joe's Vendor's Fight With Poultry Supplier

    Employees of a poultry producer cracked vulgar jokes about the quality of the meat while packaging raw chicken tainted with bone fragments, a Washington-state grocery store vendor told a federal jury on Monday, blaming the meatpacker for the demise of the Chili Lime Chicken Burgers previously made exclusively for Trader Joe's.

  • December 02, 2024

    Bank, Payment Processor Look To Sink Chargeback Fee Suit

    Esquire Bank NA and a payment processor it sponsors have asked a New York federal judge to toss all but one of an online merchant's proposed class action claims over a fee provision in their contract, arguing as a mediation date looms that most of the merchant's claims are either duplicative or inapplicable.

  • December 02, 2024

    NY Knicks, Rangers Sue Over Counterfeit Merch Vendors

    The New York Knicks and Rangers asked a Manhattan federal judge Monday to order unknown sellers of counterfeit team merchandise to cease their bootlegging activity during basketball and hockey games at Madison Square Garden.

  • December 02, 2024

    Ex-Luxottica Worker's Pension Claims Must Be Heard In Court

    A New York federal judge agreed to revive in-court proceedings on a Luxottica ex-worker's claims in a federal benefits lawsuit that she made on behalf of her pension plan, but held firm on the court's earlier decision to compel individual arbitration of other claims.

  • December 02, 2024

    Pot Co. Says Ex-Director Shared Secrets With Ex-Partner

    Cannabis cultivator Curaleaf Inc. and a subsidiary are suing a former director of operations, accusing him of sharing confidential information with a former business partner, among other alleged contract breaches.

  • December 02, 2024

    3 Firms Guide UAE Food Delivery App's Landmark $2B IPO

    Shares in Talabat, a food delivery app based in the United Arab Emirates, are set to begin trading next week following a $2 billion initial public offering that marked the largest global technology IPO this year, under guidance from three law firms.

  • December 02, 2024

    Bankrupt Dental Co. To Repay Customers $4.8M, NY AG Says

    Dental telehealth company SmileDirectClub has agreed to pay $4.8 million in refunds to customers who were improperly charged after the company went bankrupt and shut down in 2023, according to a settlement announced Monday by New York Attorney General Letitia James.

  • December 02, 2024

    Pool Co. Says Rival CEO Fled To China To Duck Paying $16M

    A bankrupt Chinese pool parts supplier has been accused by an American competitor of going to great lengths to skirt a $16 million false advertising and unfair business practices judgment in continued violation of court orders, including allegedly funneling assets and allowing its owner to flee to China.

  • December 02, 2024

    Circle K Fights How Denver Counts Tobacco-To-School Span

    The convenience store chain Circle K is suing Denver to challenge the city's application of a law requiring tobacco sales occur no closer than 1,000 feet from schools, alleging in a state court complaint that an erroneous approach to distance measurements will limit Circle K's ability to open new stores.

  • December 02, 2024

    Shipping Industry Braces For Waves Of New Trump Tariffs

    After a holiday weekend marked by a fresh round of tariff threats from President-elect Donald Trump, the shipping and logistics industry is beginning to feel the heat, warning companies to prepare for massive upheaval if Trump follows through.

  • December 02, 2024

    EBay Didn't Pay Manual Workers Weekly, Suit Says

    Online retail giant eBay Inc. failed to pay manual workers at a Queens, New York, warehouse on a weekly basis as required under state and federal labor law, according to a suit filed in federal court.

  • November 27, 2024

    Google Wants 9th Circ. To Undo Play Store Ruling In Epic Row

    Google has pressed the Ninth Circuit to reverse an injunction forcing it to allow third-party app distribution on its Play Store, arguing that the lower court's ruling will "directly undercut Google's efforts to compete against Apple and the iPhone."

  • November 27, 2024

    Starbucks, Baker Botts Partner Accused Of Defaming Inventor

    An executive for a patent-licensing company that's pursuing infringement litigation against numerous restaurants over a patent that lets customers place mobile orders using a real-time menu that can make personalized suggestions accused Starbucks and its Baker Botts LLP attorney in a lawsuit Wednesday of making defamatory statements about him.

  • November 27, 2024

    'Vanderpump Rules' Star Neglecting Her TM Case, Judge Says

    A California federal judge says Bravo TV star Lala Kent missed a deadline for moving forward with a trademark case against a cosmetics consultant accused of running the "Give Them Lala" brand without her permission.

  • November 27, 2024

    Zurich Defeats Burlington's $750M COVID-19 Coverage Suit

    Zurich American has permanently defeated Burlington Stores' COVID-19 pandemic coverage suit after a New Jersey federal judge said the retailer's attempt to use "clever semantics to avoid dismissal" failed to demonstrate it suffered direct physical loss or damage to its property, or that virus particles physically altered objects or surfaces.

  • November 27, 2024

    Amazon Judge Says Appeal Too Soon In Ongoing Privacy Suit

    A Washington federal judge has said he won't issue a final judgment to allow consumers to appeal his previous ruling tossing most of the claims in a suit alleging that palm scanners at joint Starbucks-Amazon stores violate biometric privacy law, because one of the plaintiffs has a remaining claim.

  • November 27, 2024

    Wash. Appeals Court Slams Brakes On Lucid EV Dealerships

    Automaker Lucid can't sell its electric vehicles directly to Washington consumers, a state appellate court has ruled, agreeing with regulators that granting the company the necessary license would violate a state law designed to protect car dealers from unfair competition from manufacturers.

  • November 27, 2024

    DOL Sued For OSHA Info In NJ Amazon Warehouse Deaths

    The U.S. Department of Labor has been hit with a lawsuit by a labor advocate seeking records related to investigations of three deaths at Amazon.com Inc.'s "notoriously hazardous warehouses" in New Jersey in 2022, saying the agency failed to comply with Freedom of Information Act deadlines.

  • November 27, 2024

    Biden Administration Adds 65K Additional H-2B Work Visas

    The Biden administration announced Wednesday that it has created a temporary rule to add 64,716 additional temporary H-2B work visas for the third year in a row to be doled out to businesses struggling with staffing issues. 

  • November 27, 2024

    Kroger Inks $21M Deal With 47K Workers Over Pay Delay

    Approximately 47,000 Kroger employees told an Ohio federal judge Tuesday they've reached a $21 million class action settlement with the grocery giant over claims it either failed to pay them or made inaccurate deductions from their wages after switching to a new timekeeping system that experienced a glitch in 2022.

Expert Analysis

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • How Cos. Can Leverage IP In Corporate Bankruptcy

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    In light of an increase in year-to-date Chapter 11 filings, businesses must understand the importance and value of intellectual property in corporate bankruptcy and restructuring, from contributing to enterprise value, to providing leverage in negotiations and facilitating recovery, says Gregory Campanella at Ocean Tomo.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Opinion

    Portland's Gross Receipts Tax Oversteps City's Authority

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    Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.

  • IP Hot Topic: The Intersection Of Trademark And Antitrust Law

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    Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • Avoiding Retail Bankruptcy As Economic Uncertainty Persists

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    Amid record retail bankruptcies and continued economic uncertainty in 2024, retailers can take specific steps like building stronger cash-flow models, managing inventory wisely and reassessing cost structures to avoid financial distress, say consultants at BRG.

  • Navigating The Uncertain Landscape Of Solar Tariffs

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    Solar cell and module manufacturers, exporters and importers must navigate an uncertain compliance landscape, given ongoing challenges to U.S. Department of Commerce antidumping and countervailing duty determinations, which have been mounted both by U.S. and non-U.S. manufacturers, say attorneys at Morgan Lewis.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • What BIPA Reform Law Means For Biometrics Litigation

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    A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Managing Credit Card Rewards Programs Amid Scrutiny

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    Renewed New York and federal interest in consumer protection issues associated with credit card rewards programs presages future regulatory enforcement and attention from plaintiffs attorneys, so issuers should focus on certain categories of consumer complaints and some compliance ambiguities, say Rich Zukowsky and Ella Beres at Davis Wright.

  • Comparing 5 Administrators' Mass Arbitration Procedures

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    Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

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