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Retail & E-Commerce
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November 13, 2024
1st Circ. Punts Pandemic Retail Antitrust Case To Puerto Rico
A divided First Circuit has ruled that local Puerto Rico courts, not federal courts, should hear an unfair-competition suit by local merchants accusing major big-box retailers Costco and Walmart of violating executive orders during the pandemic by continuing to sell "non-essential" goods.
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November 13, 2024
Kohl's Accused Of Cheating Calif. Workers Out Of OT, Breaks
Department store chain Kohl's engaged in a series of wage and hour violations in California, including failing to pay overtime to nonexempt employees and failing to provide meal and rest breaks, a worker told a state court.
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November 13, 2024
7-Eleven Exec Throws Hat In Ring With Buyout Bid
The parent of 7-Eleven said Wednesday it has received a nonbinding bid from an executive and one of his companies, at a reported $11 billion premium over a prior $47 billion takeover offer from Canada's Alimentation Couche-Tard Inc.
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November 13, 2024
Online Car Financing Co. Vroom Crashes Into Ch. 11
Former used car seller and financier Vroom Inc. filed for Chapter 11 bankruptcy Wednesday in Texas with a prepackaged plan to swap $290 million of debt for the bulk of the equity in a reorganized business.
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November 12, 2024
Sephora Again Loses Bid To Toss Ex-Workers' Late Pay Suit
A New York federal judge on Tuesday stood by his decision denying Sephora's motion to dismiss a proposed class action accusing it of not paying employees every week, rejecting the company's contention that he used an incorrect standard of review when departing from a federal magistrate judge's recommendation to toss the case.
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November 12, 2024
Big Tech Litigant's Latest Suit Vs. Google Tossed
A Florida federal judge has granted Google's motion to dismiss a patent infringement and antitrust suit from web development company Greenflight targeting the search giant's reverse phone number lookup, ruling that the plaintiff's phone lookup service appearing low on Google's search results doesn't amount to standing to sue.
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November 12, 2024
'Heat Machine' Maker's Trade Dress Win Clears 8th Circ.
The Eighth Circuit on Tuesday affirmed a finding from a bench trial that cleared the Costco supplier behind the "Heat Machine" involved in "a complex intellectual property dispute" with the maker of the "HeatDish," a different machine that Costco also sells.
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November 12, 2024
3 Firms Guide Rare Canadian IPO Eyed By Groupe Dynamite
Canadian women's clothing retailer Groupe Dynamite Inc. has launched plans for an estimated C$300 million ($215 million) initial public offering, marking a rare Canadian listing under guidance from three law firms.
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November 12, 2024
HIV Drug Buyers Want Gilead Product Switch Claims Revived
Insurers and benefit plans are asking the Ninth Circuit to revive a chunk of their antitrust case against Gilead, arguing their claims that Gilead delayed generic competition to its HIV drugs by monopolizing the market should have new life.
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November 12, 2024
Web App Antitrust Suit Backed By Epic-Apple, 9th Circ. Told
A proposed class of iPhone buyers urged the Ninth Circuit on Friday to revive their antitrust claims over Apple's barriers against advanced web-based apps, saying a California federal judge's dismissal order directly contradicts binding precedent from Epic Games' landmark monopoly suit against the tech giant.
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November 12, 2024
Roblox, WowWee Settle Avatar Toy Infringement Case
Online game platform Roblox Corp. has agreed to drop a suit alleging WowWee Group Ltd. sold toys based on Roblox's avatars, saying the two companies have reached a settlement to end the trademark and copyright infringement case.
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November 12, 2024
Weedmaps Execs Named In Derivative Action Over SEC Fine
Current and former executives and directors of Weedmaps' parent company face shareholder derivative claims following an investor class action and a regulator's fine over the digital cannabis marketplace's alleged use of "willfully inflated" user metrics.
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November 12, 2024
Tempur Sealy Merger 'Surprisingly Bold,' Competitor Testifies
The CEO of a Utah-based mattress company told a Houston federal judge Tuesday that Tempur Sealy's proposed remedies under its $4 billion planned Mattress Firm purchase were "surprisingly bold" as the Federal Trade Commission began its case in opposition of the merger.
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November 12, 2024
Hertz Investors Urge Chancery Not To Toss Stock Warrant Suit
An attorney for two Hertz Inc. institutional investors told a Delaware judge Monday that the vehicle rental giant relied on an impermissible reinterpretation of a warrant agreement to reject a redemption demand purportedly triggered by the company's post-Chapter 11 recapitalization.
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November 12, 2024
Designers Can Pursue RICO Claims Against Shein In IP Suit
A California federal judge has ruled that a group of independent designers can pursue racketeering claims against Shein Distribution Corp. and other defendants in a lawsuit where the plaintiffs accuse the online retailer of copyright and trademark infringement for allegedly copying and selling the designers' works.
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November 12, 2024
Penn State TM Jury Asked To Ponder Sponsorship Confusion
A central Pennsylvania federal jury will have to weigh whether consumers are likely to be confused by a Seattle-based online retailer's use of historic logos and art associated with Pennsylvania State University, with opening arguments Tuesday promising dueling experts on consumer surveys and interpretations of trademark law.
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November 12, 2024
Chipotle's Portions Are Eating Away Profits, Investor Suit Says
Fast-casual restaurant chain Chipotle has been hit with a proposed shareholder class action alleging the company downplayed concerns about meager portion sizes, an issue the company later acknowledged it would correct, sacrificing profitability.
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November 12, 2024
Valve Can't Speak Directly With Gamers In Antitrust Row
A Washington federal judge has rejected a bid by Valve Corp. to directly contact 624 game buyers named in its suit seeking to block them from further arbitrating antitrust claims, saying the video game seller hasn't pointed to "exceptional circumstances" warranting the clearance to reach out to the defendants outside the presence of legal counsel.
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November 12, 2024
Pencil Importer Rebuts Commerce's Transformation Analysis
A pencil importer told the U.S. Court of International Trade that the federal government was wrong to implement duties on pencils made from Chinese raw materials when they are made into finished products in the Philippines.
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November 12, 2024
Amazon Harassing Drivers Via Discovery Demand, Court Told
Amazon is harassing delivery drivers with an overly broad request for documents, including a decade's worth of tax returns and cellphone records, and its request should be tailored to reflect that many claims in an 8-year-old lawsuit were recently nixed, the workers told a Washington federal court.
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November 12, 2024
Indian Food Delivery Giant Swiggy To Debut After $1.3B IPO
Shares of Indian e-commerce giant Swiggy Ltd. are set to begin trading on Wednesday after the company priced a $1.3 billion initial public offering, marking the latest test of the country's IPO market following a blockbuster listing of Hyundai's Indian unit.
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November 12, 2024
NY Costco Junior Managers' Wage Statement Claim Tossed
Three junior Costco managers' declarations contradicted their proposed collective action claiming that the retail company's wage statements didn't allow them to determine whether they worked overtime, a New York federal judge ruled, trimming their suit.
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November 12, 2024
High Court Turns Away Appeal From 'Insider' Hedge Fund
The U.S. Supreme Court on Tuesday declined to take up hedge fund Raging Capital Management LLC's petition to review whether its status as a large investor in 1-800-Flowers should leave it vulnerable to a derivative suit claiming it made illegal swing-trades.
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November 08, 2024
Ill. Assault Rifle Ban Struck As Unconstitutional, AG To Appeal
An Illinois federal judge Friday overturned the state's law banning AR-15 rifles and other semiautomatic weapons, pointing to U.S. Supreme Court rulings interpreting the Second Amendment to give individuals the broad right to keep and bear firearms, and opining that the debate over guns is a matter of perspective.
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November 08, 2024
8th Circ. Flips $12M Verdict Against Jagermeister's US Arm
The Eighth Circuit has overturned a jury's verdict that Jägermeister's U.S. importer must pay a distributor $11.75 million after terminating their deal, saying Friday the jury was misinstructed and a new trial is required.
Expert Analysis
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A Look At Calif. Contract Considerations In Fiji Water Ruling
A California appellate court's recent decision in Carolina Beverage v. Fiji Water, that a party may not seek contractual recovery on the basis of constructive termination, offers a look at contract construction and other considerations on negotiating distribution agreements, says Michael Laszlo at Clark Hill.
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Making Plans For BNPL Consumer Protection Compliance
With an interpretive rule from the Consumer Financial Protection Bureau set to require buy-now, pay-later providers to implement credit card-like consumer safeguards by the end of July, loan providers must solidify their federally compliant customer dispute resolution and disclosure procedures before the newly emboldened bureau's deadline, say attorneys at Steptoe.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Tailoring Compliance Before AI Walks The Runway
Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
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.
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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.