Retail & E-Commerce

  • June 21, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen JD Wetherspoon sue a Welsh pub over its name in the Intellectual Property Court, ex-professional boxer Amir Khan and his wife file libel action against an influencer, the Performing Right Society hit with a competition claim over music licensing, and Manolete Partners bring action against the directors of a bust investment firm. Here, Law360 looks at these and other new claims in the U.K.

  • June 20, 2024

    Robertshaw Broke Invesco Loan, But Deal Lives, Judge Says

    A Texas bankruptcy judge ruled Thursday that transactions executed in December by Robertshaw breached its existing loan from an Invesco subsidiary, but otherwise sided with the appliance parts maker on the remainder of its hard-fought litigation that spotlights so-called lender-on-lender violence in private credit agreements.

  • June 20, 2024

    Sunset Review Redo Counter To Basic Principles, Says Judge

    A U.S. Court of International Trade judge on Thursday rebuffed a Turkish steel producer's call to reverse a sunset review that maintained its anti-dumping duties, a move he said would fray the procedural web that gives sense to trade remedies.

  • June 20, 2024

    Cannabis-Infused Drink Cos. Sue Iowa Over New Potency Law

    Makers of canned drinks infused with hemp-derived THC are urging a federal judge to block an impending state statute that aims to regulate the Iowa cannabinoid market, saying it would swiftly outlaw "approximately 80%" of their current inventory.

  • June 20, 2024

    Fireball Maker Must Still Face Claims It Duped Whiskey Lovers

    A Florida federal judge has trimmed allegations that Sazerac Co. duped consumers into believing miniature bottles of malt beverage were whiskey by selling them under the Fireball brand name, but said a consumer can pursue claims that the beverage's bottle and their display case are nevertheless deceptive.

  • June 20, 2024

    Waffle Cone Cos. Settle TM War Over Chocolate-Filled Treats

    A maker of chocolate-filled waffle cone treats has resolved its claims against a rival over alleged trademark violations, according to a stipulation filed Thursday in New Jersey federal court.

  • June 20, 2024

    Walmart, Capital One Settle Credit Card Agreement Spat

    Capital One NA has reached a settlement with Walmart Inc. resolving the retailer's claims that its credit card partner wasn't meeting the customer service standards laid out in their agreement, according to a joint letter filed in New York federal court.

  • June 20, 2024

    11th Circ. Nixes J&J Sunscreen Benzene MDL Settlement

    The Eleventh Circuit on Thursday vacated an order granting approval to a settlement resolving claims that Johnson & Johnson sold sunscreens containing benzene, saying a pair of circuit court decisions since the approval mean the deal needs another look.

  • June 20, 2024

    Insurer Hit With Coverage Suit Over Ohio Grocery Shooting

    Pittsburgh-based Giant Eagle Inc. is claiming that a security contractor's insurer, Philadelphia Indemnity Insurance Co., has refused to cover its defense costs in a lawsuit over a shooting at a Cleveland, Ohio, store, and was trying to get the grocer to drop its third-party claims against the contractor.

  • June 20, 2024

    Deals Rumor Mill: Carlyle-KKR, Didi IPO, Open AI

    The deals rumor mill is often overflowing with transactions that are reportedly close to being signed, so it can be hard to know which ones to stay on top of.

  • June 20, 2024

    No Coverage Owed For Totaled Vehicle, Ga. Panel Says

    A Georgia car dealership's insurer has no duty to cover costs it incurred after a man totaled his recently purchased vehicle while evading police, a state appeals court ruled, highlighting the distinction between an applicable exclusion and an invalid policy. 

  • June 20, 2024

    Feds Delay Thai Refrigerator Probe To Check Industry Support

    The U.S. Department of Commerce on Thursday delayed its investigation into whether certain refrigerator exporters from Thailand are dumping their products in the U.S. to verify if the investigation has the support of the majority of the domestic industry.

  • June 18, 2024

    Doubt Cast On Free Whole Foods Delivery 'Bait And Switch'

    A Washington federal judge appeared skeptical at a hearing Tuesday of claims that Amazon misled Prime members by advertising free Whole Foods grocery deliveries and then later pulling the perk in a "bait and switch," noting the retail giant has reserved the right to change Prime members' benefits.

  • June 18, 2024

    IPhone Buyers Want Canadian Data In Amazon Antitrust Case

    Apple Inc. and Amazon.com Inc. must be forced to turn over Canadian sales data as part of a lawsuit accusing the pair of hatching an anticompetitive agreement to choke third-party sales, a group of iPad and iPhone buyers told a Washington federal court.

  • June 18, 2024

    Amazon Hit With $5.9M Fine For Violating Calif. Quota Law

    California's labor commissioner has fined Amazon $5.9 million for violating the Golden State's Warehouse Quotas Law, which requires employers to give workers written notice of any quotas they must follow, according to a Tuesday announcement.

  • June 18, 2024

    Proposed Hemp Change In Line With Regs, Report Says

    A controversial proposed change to the statutory definition of hemp in the next Farm Bill would be broadly aligned with existing federal regulatory practices, according to a new report from Capitol Hill's policy research arm.

  • June 18, 2024

    4 Firms Steer Family-Owned Baker Europastry's IPO Plans

    Family-owned frozen bakery products giant Europastry S.A. said Tuesday that it plans to raise €225 million ($241.7 million) in fresh capital through an initial public offering on Spanish stock exchanges guided by four law firms, adding to a recent uptick in European IPOs.

  • June 18, 2024

    Blackstone Plans Takeover Of Japan's Infocom In $1.7B Deal

    Blackstone said Tuesday it is planning to take Japanese digital comic distributor Infocom private in a deal that marks its largest private equity deal ever in Japan, worth 275 billion yen ($1.7 billion). 

  • June 18, 2024

    Microsoft Says Starbucks Ruling Hurts FTC's Activision Case

    Microsoft told the Ninth Circuit on Monday that the U.S. Supreme Court's recent ruling requiring labor regulators to meet a four-factor test in order to win a preliminary injunction undercuts the Federal Trade Commission's bid to halt the company's $68.7 billion acquisition of Activision Blizzard Inc.

  • June 18, 2024

    Circumvention Finding Twisted Trade Statute, Pipe Co. Says

    The U.S. Department of Commerce contorted its statutory authority to foist circumvention duties on a Vietnam-based pipe producer that has already cleared dumping and unfair subsidy allegations, the company said in a motion calling to roll back the levies.

  • June 18, 2024

    AIG Unit Says Exclusions Bar Pet Supply Co.'s BIPA Claims

    An AIG unit has told a Michigan federal court a pet supply store isn't owed defense for an underlying class action brought by employees alleging the store violated the Illinois Biometric Information Privacy Act, maintaining that a "recording and distribution" exclusion and "employment-related practices exclusion" were triggered.

  • June 18, 2024

    FTC Bristles At Axon's Citing Of Dropped Merger Case

    The Federal Trade Commission wanted to ensure a New Jersey federal judge knew the abandonment of a case contesting Axon's purchase of a fellow police body camera company had nothing to do with the merits of the challenge, in a Monday amicus brief partially backing a proposed class action.

  • June 18, 2024

    Rival Pool Supply Co. Looks To Duck Blueworks Ch. 11 Stay

    Pool supply company Hayward Industries Inc. has asked a bankruptcy court for a reprieve from the automatic stay protecting its bankrupt rival Blueworks Corp. as it seeks to secure final orders upholding a $16 million false advertising and unfair business practices judgment.

  • June 18, 2024

    Steel Co. Says Cambodian Hangers Are Skirting Hefty Duties

    A domestic hanger manufacturer accused its foreign rivals of skirting steep antidumping and countervailing steel tariffs by shipping hangers made with Chinese and Vietnamese steel from Cambodia.

  • June 18, 2024

    Amazon Union Workers Vote To Affiliate With Teamsters

    Workers at the only unionized Amazon warehouse in the U.S. have voted to fold their independent outfit into the Teamsters, the transportation and logistics union announced Tuesday.

Expert Analysis

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • The Merger Cases That Will Matter At ABA Antitrust Meeting

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    While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • Ruling Signals Wave Of CIPA Litigation May Soon End

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    A California state court's recent ruling in Licea v. Hickory Farms, which rejects the argument that IP address tracking violates the California Invasion of Privacy Act's pen register provision, is likely to reduce or stop the slew of new cases filed against businesses for similar alleged violations, says Patricia Brum at Snell & Wilmer.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • UK Amazon Ruling Spotlights TM Rights In International Sales

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    Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.

  • 5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS

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    The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.

  • Handling Customer Complaints In Bank-Fintech Partnerships

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    As regulators mine consumer complaint databases for their next investigative targets, it is critical that fintech and bank partners adopt a well-defined and monitored process for ensuring proper complaint handling, including by demonstrating proficiency and following interagency guidance, say attorneys at Jenner & Block.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Fears About The End Of Chevron Deference Are Overblown

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    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Unpacking The Complicated Question Of CIPA's Applicability

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    As the number of California Invasion of Privacy Act cases increases, more and more companies with little-to-no California presence are being hauled into California court, raising questions of when CIPA applies and to whom, says Matthew Pearson at BakerHostetler.

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