Retail & E-Commerce

  • November 19, 2024

    Senators Blast Visa And Mastercard, Promise Action On Fees

    A bipartisan group of Senate Judiciary Committee members blasted executives from Visa and Mastercard on Tuesday over swipe fees charged to merchants, promising to rein in what the lawmakers called the companies' monopoly on credit card payments if they do not change their practices.

  • November 19, 2024

    Calif. Man Wants 9th Circ. To Rehear LG Battery Decision

    A California man who alleges that a faulty LG Chem Ltd. 18650 lithium-ion battery melted the skin off his hand is asking the Ninth Circuit for an en banc rehearing of a decision dismissing his defect claims against the company, saying the panel broke with other circuits and binding precedent by finding that California courts did not have jurisdiction over the Seoul-based company.

  • November 19, 2024

    Meat Buyer For BJ's Wholesale Says Co. Pushed Him Out

    A former BJ's Wholesale Club Inc. meat buyer who oversaw more than $12 billion in annual sales of beef and lamb for the Massachusetts-based company says he was fired after the retailer refused to accommodate his need to care for his ailing wife, according to a complaint filed on Monday in state court.

  • November 19, 2024

    Simpson Thacher-Led Blackstone Makes $8B Jersey Mike's Deal

    Private equity giant Blackstone said Tuesday it has agreed to buy a majority stake in Jersey Mike's Subs in a deal that values the fast-casual submarine sandwich outlet at about $8 billion, including debt, according to a person familiar with the matter.

  • November 19, 2024

    College Decor Co. Dormify Hits Ch. 11 With Up To $50M Debt

    Dormify Inc., a retailer that sells college gear and decor for dorms, filed for bankruptcy in Delaware, estimating between $10 million and $50 million in debt less than a week after a Pennsylvania federal court entered a default judgment against it in a lawsuit from an affiliate marketing firm.

  • November 18, 2024

    5th Circ. Indicates DOT Airline Fees Rule May Need Reworking

    A pair of Fifth Circuit judges signaled Monday that the U.S. Department of Transportation may have to rework its rule requiring airlines to more clearly disclose add-on fees upfront, suggesting that it might be too costly for airlines to comply with the mandate and consumers would be overloaded with information.

  • November 18, 2024

    Target Downs Investor Suit Over Inventory Glut For Good

    A Minnesota federal judge has tossed for good a proposed class action alleging Target Corp. and its top executives misled shareholders by hiding that the big-box retailer had "abandoned its customer-focused purchasing strategy" in favor of "indiscriminately buying large quantities of inventory" that consumers did not want.

  • November 18, 2024

    Ex-AutoZone CEO Must Face $1M 'Short-Swing' Profit Suit

    A Tennessee federal judge said a former AutoZone Inc. CEO must face an investor suit seeking to recover over $1 million in alleged "short-swing" trading profits on behalf of the company, saying the shareholder has plausibly alleged that the ex-CEO's trades were not exempt from certain insider trading rules.

  • November 18, 2024

    Netgear Says Huawei Engaging In Global Patent 'Warfare'

    Router maker Netgear urged a California federal judge Monday to hold a mini-trial to determine a reasonable royalty rate for licensing Wi-Fi technology patents from Huawei, which Netgear claims is engaging in anticompetitive behavior and a "scorched earth worldwide litigation campaign" to extract excessive royalties.

  • November 18, 2024

    9th Circ. Judges Seem Split In Trans Woman's Spa Bias Case

    Ninth Circuit judges debated Monday whether a nude Korean spa's ban on patrons who "present" as male discriminates against transgender women without gender-affirming surgery, with one judge asking how it was different from barring Black patrons and another who went to a similar spa as a boy in Korea seeming to suggest customers had a right to choose whom to be naked in front of.

  • November 18, 2024

    Live Nation Says Ticket Buyers Must Arbitrate Antitrust Suit

    Live Nation moved to arbitrate a proposed consumer antitrust class action alleging it monopolizes concert promotions and secondary ticketing services for major venues, arguing in New York federal court Friday the customers agreed to arbitrate any dispute each time they logged in to their accounts or accepted secondary ticket transfers.

  • November 18, 2024

    Brokerage Startup Defends Suit Over NAR Listing Rules

    A residential brokerage startup defended its antitrust lawsuit from dismissal motions filed by the National Association of Realtors and multiple brokerages, arguing in Utah federal court that it has standing to bring its suit "as an excluded competitor" and that it's not required to make specific claims about the roles of the defendants in the alleged antitrust conspiracy.

  • November 18, 2024

    Texas Judge Suggests Letting Influencers Battle Over 'Beige' IP

    A federal magistrate judge has declared that a "feud between social media influencers" in Texas is the first of its kind in the country, as it's an intellectual property dispute over replicating a rival's "neutral, beige, and cream aesthetic."

  • November 18, 2024

    FCC's Carr Likely To Test Agency's Ability To Rein In Big Tech

    Brendan Carr's selection as the next Federal Communications Commission chair prompted a wave of plaudits from industry and some dismay from liberal groups, but one thing stands out among experts: He will push to counter what he sees as out-of-control conduct by tech platforms.

  • November 18, 2024

    Electronics Co. Hit With Default In $2B Price Fixing Case

    A California federal court will enter a default judgment against Irico Group on claims that could total $2 billion in damages in long-running litigation over an alleged conspiracy to fix cathode ray tube prices after finding the Chinese electronics company failed to preserve evidence.

  • November 18, 2024

    Judge Surprised Circle K Fired Clerk Who Touched Robber

    A Tenth Circuit judge appeared stunned Monday that Circle K dismissed an elderly convenience store clerk after its management concluded the worker violated company policy when she physically confronted an armed robber.

  • November 18, 2024

    $100M Deal In Suit Over Walgreens Rx Prices Gets First OK

    An Illinois federal judge gave an initial blessing Monday to a $100 million deal resolving claims from consumers and unions that Walgreens unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less.

  • November 18, 2024

    5th Circ. Eyes Procedure In 1st NLRB Constitutionality Cases

    The Fifth Circuit appears poised to punt — for now — on the issue of the National Labor Relations Board's constitutionality after a panel questioned on Monday whether SpaceX and Amazon have valid challenges to "effective" denials of their efforts to thwart prosecution for alleged labor violations.

  • November 18, 2024

    Dad Drops From Conn. Death Suit After Attys Tried To Dump Him

    A Connecticut man has dropped his claims against Target Corp. and the maker of a recalled infant cushion over the death of his baby daughter, but the girl's mother and estate administrator will continue pursuing the federal product liability lawsuit, court records showed Monday.

  • November 18, 2024

    CPSC Fines Canadian Co. $16M Over Wall Beds

    The U.S. Consumer Product Safety Commission said Monday that a Canadian furniture-maker has agreed to pay up to a $16 million civil penalty over allegations that it failed to report a defect in its wall beds that resulted in injuries and one death.

  • November 18, 2024

    Rust-Oleum Falsely Touted Spray Paint Coverage, Suit Claims

    Paint manufacturer Rust-Oleum Corp. has been hit with proposed class claims in Illinois federal court by customers who claim the paint manufacturer misled them by advertising its "2x" spray paint line as providing twice the coverage of other general purpose paints, when its own data contradicts those label claims.

  • November 18, 2024

    Amazon Worker Can't Add Retaliation Claim To December Trial

    A federal judge in Washington state has rejected a worker's eleventh-hour bid to amend his lawsuit accusing Amazon of passing him up for a promotion after he took protected military leave, saying the operations manager cannot "ambush" the e-commerce giant with fresh retaliation allegations just weeks before a trial in December.

  • November 18, 2024

    Walgreens, Grocer Accused Of Flouting Lie Detector Law

    Walgreens and New England supermarket chain Shaw's are violating a Massachusetts law requiring that job applicants be advised that the state does not allow the use of lie detector tests in employment decisions, a pair of proposed class actions filed Monday allege.

  • November 18, 2024

    Trade Court Orders Rethink Of Brazilian Lemon Juice Duties

    The U.S. Court of International Trade has ordered trade officials to reconsider duties on Brazilian lemon juice, finding they failed to acknowledge that a Brazilian supplier and a Louis Dreyfus Co. subsidiary were reliant on each other.

  • November 18, 2024

    Justices Pass On Coverage Row Over Wood Treatment Injury

    The U.S. Supreme Court on Monday declined to take up an insurer's argument that a wood treatment product maker's policy excludes coverage of an underlying suit over a man's cancer diagnosis following decades of exposure to the chemical.

Expert Analysis

  • How Uyghur Forced Labor Law Affects Importing Companies

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    Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    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.

  • How Associates Can Build A Professional Image

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    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.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    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.

  • What 4 Cyber Protection Actions Mean For Marine Transport

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    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.

  • Inside Antitrust Agencies' Rollup And Serial Acquisition Moves

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    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.

  • Think Like A Lawyer: Always Be Closing

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    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.

  • Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk

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    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.

  • Counterfeits At The Olympics Pose IP Challenges

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    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.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    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.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    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.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    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.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    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.

  • Momofuku Chili War May Chill Common Phrase TM Apps

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    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.

  • Unlocking Blockchain Opportunities Amid Legal Uncertainty

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    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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