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Retail & E-Commerce
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October 17, 2024
Oregon Appeals Court Says E-Cig Rules Violate Free Speech
Oregon's intermediate appellate court ruled Wednesday that a state law governing how e-cigarettes and cannabis vapes can be packaged violated guarantees of free speech enshrined in the state's constitution.
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October 17, 2024
FTC Admits Federal Court Merger Fights Are Usually Decisive
Federal Trade Commission complaint counsel has admitted a reality that the agency has long resisted: While federal court preliminary injunction fights are ostensibly meant only to pause a merger while a merits case plays out through an in-house court, the federal court case usually decides the transaction's fate.
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October 17, 2024
DHL Supply Chain Hit With Disability Bias Suit
Logistics giant DHL Supply Chain was hit with a disability discrimination lawsuit Wednesday from a worker who says she was forced out of her job after DHL demanded she see a company physician to verify her debilitating medical condition.
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October 17, 2024
Solar Site Settles Conn. AG's Claims Over Social Media Ads
The Connecticut attorney general's office has reached a settlement with EnergyBillCruncher.com to resolve claims that it ran deceptive social media ads falsely claiming that the "government will cover the cost" of solar panel installation and improperly displaying the state seal.
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October 17, 2024
PE-Backed Polish Retailer Zabka Rings Up $1.6B IPO
Private equity-backed Zabka Polska SA closed flat in debt trading on Thursday after the Polish convenience store giant priced an initial price offering that raised 6.45 billion zloty ($1.62 billion) at the top of its range, marking Europe's fourth-largest listing this year.
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October 17, 2024
Google Asks 9th Circ. To Immediately Pause Epic Injunction
Google filed an emergency motion late Wednesday in its antitrust battle with Epic Games Inc. asking the Ninth Circuit to stay a lower court's injunction that's set to take effect Nov. 1 requiring Google to open up its Play Store to competing app stores, slamming the injunction as harmful and "unworkable."
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October 17, 2024
Pa. AG Can't Get State Claims Restored In FTC Amazon Suit
A federal judge tersely denied a request from Pennsylvania's attorney general, who had sought to reinstate her state's consumer protection claims against Amazon in the Federal Trade Commission's antitrust suit.
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October 16, 2024
Nike Still Owes Fees In 'Cool Compression' TM Case
A Pennsylvania federal judge on Wednesday ruled for a second time that Nike is on the hook for legal fees in a trademark lawsuit after the Third Circuit ordered him to take a closer look at the details of the case to determine if the outcome was truly "exceptional."
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October 16, 2024
Judge Orders 'Starbuds' Co. To Grind Down Logo And Name
A federal judge in Manhattan has ordered a cannabis food truck to destroy all of its "Starbuds" logos, after siding with coffee giant Starbucks Corp. in a copyright infringement lawsuit.
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October 16, 2024
2nd Circ. Scrutinizes Conn. Restrictions On AR-15s
A Second Circuit panel put the phrase "dangerous and unusual" under a microscope Wednesday as three judges considered dual challenges to Connecticut's post-Sandy Hook bans on assault rifles and large-capacity magazines, working to parse out whether the state's restrictions are allowed under U.S. Supreme Court precedent.
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October 16, 2024
Utah Judge Tosses Mattress Conspiracy Suit For Good
A Utah federal court has tossed a lawsuit accusing major mattress companies and a trade group of conspiring to drive a competitor from the market after finding a lack of evidence showing there was an agreement to harm competition and saying the claims can't be fixed.
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October 16, 2024
True Value Strikes Bridge Deal To Fund Ch. 11 Case With Cash
Hardware store supplier True Value Co. is "laser focused" on closing a $153 million sale, attorneys for the company Wednesday told a Delaware bankruptcy judge who agreed to approve a two-week deal the debtor struck with a lender to use cash on hand to fund the Chapter 11 case.
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October 16, 2024
FTC Says Customers Must Be Able To 'Click To Cancel'
Companies will now be required to allow customers to ditch their subscriptions with a single click after the Federal Trade Commission finalized its new "click to cancel" rule, which has been years in the making.
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October 16, 2024
Nerds, Laffy Taffy Maker Hit With Genetic Info Privacy Claims
The Illinois-based company behind popular candies such as Nerds, Laffy Taffy and SweeTarts probes job applicants' medical histories in violation of their genetic information privacy rights, according to a proposed class lawsuit filed Tuesday in Illinois state court.
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October 16, 2024
NC Beach Canopy Co. Throws Shade At Rival In Patent Suit
A North Carolina-based beach canopy maker claims another Tar Heel State company has ignored its request to stop making a product that allegedly infringes a patent for its shading system.
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October 16, 2024
Pa. AG Wants State Claims Restored In FTC Amazon Suit
Pennsylvania's attorney general wants to get back into a joint state and federal antitrust case against Amazon, asking a Washington federal judge to reconsider tossing claims under Pennsylvania's consumer protection law because Amazon allegedly concealed its unfair trade practices from Pennsylvania customers.
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October 16, 2024
French NBA Star Sues Over Illicit 'Wemby' Merchandise
Reigning NBA Rookie of the Year Victor Wembanyama has sued a Texas businessman who is allegedly selling merchandise, including T-shirts and candles, bearing his image and nickname "Wemby" without permission.
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October 16, 2024
Investor Pushes 7-Eleven Parent To Consider Couche-Tard Bid
A U.S. investor in the Japanese parent company of 7-Eleven said Wednesday it is pushing the company to consider a revised buyout bid from Canada's Alimentation Couche-Tard Inc. that is said to carry a $47 billion price tag, telling Japan's Seven & i Holdings that an alternative restructuring plan the company recently revealed is "too little, too late."
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October 15, 2024
10th Circ. Won't Reboot Short Sellers' Suit Against Overstock
In a decision dealing with matters of first impression, the Tenth Circuit on Tuesday declined to revive a hedge fund's proposed class action accusing Overstock.com Inc. and its leadership of manipulating the market when it said it would pay shareholders using cryptocurrency but abandoned the plan to force short sellers into a "squeeze."
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October 15, 2024
10th Circ. Finds Doll Co. Can Bring Copyright Suit In Utah
A Utah company that makes realistic human-sized dolls won a ruling from the Tenth Circuit on Tuesday that it can sue two Chinese companies for counterfeiting in Utah federal court because those businesses agreed to the jurisdiction of anywhere Amazon can be legally "found."
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October 15, 2024
Transport Monopoly Judge Accepts Antitrust Guilty Plea
A Texas federal judge has accepted a guilty plea from one of a dozen individuals in an antitrust case whom the government accused of using violence and intimidation to monopolize cross-border sales of used vehicles and other goods from the U.S. to Central America.
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October 15, 2024
'Gold Standard' PFAS Test Rejected In Tampax Class Suit
A California federal judge on Tuesday rejected the reliability of a testing method described by a putative consumer class as the "gold standard" for detecting so-called forever chemicals, tossing for now claims that The Procter & Gamble Co. falsely advertised its "pure cotton" Tampax tampons.
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October 15, 2024
Patent Co. Drops IP Suits To Go After Carriers In Antitrust Cases
Patent-holding company VoIP-Pal.com announced Monday that it will refocus its legal efforts on antitrust litigation targeting the big three telecommunications carriers, days after dropping recently filed patent suits against Verizon and T-Mobile.
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October 15, 2024
Gamers End Challenge Of Microsoft's $69B Activision Deal
Microsoft reached an agreement ending a challenge from a group of gamers targeting its $69 billion deal for Activision Blizzard as a merger challenge from the Federal Trade Commission remains pending at the Ninth Circuit.
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October 15, 2024
Hedge Fund Urges Justices To Hear Swing-Trade Case
The U.S. Supreme Court has been asked by a hedge fund facing insider trading allegations to address "significant and recurring issues" that allowed a 1-800-Flowers.com shareholder to proceed with his derivative lawsuit despite failing to prove that the company was harmed in any way by the fund's short-swing trades.
Expert Analysis
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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New Law May Move Calif. Toward Fashion Sustainability
California’s recently signed Responsible Textile Recovery Act seeks to increase sustainability innovation in the fashion industry, but it could also create compliance hurdles for brands, especially smaller fashion houses that do not have ample resources, say Warren Koshofer and Maggie Franz at Michelman & Robinson.
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Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'
The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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The Trade And Tax Issues Behind US-Canada Digital Tax Clash
The new Canadian digital services tax recently went into effect despite objections from the U.S., a controversy that represents an unusual mix of trade and tax policy, and many companies have been pondering how it will affect their e-commerce businesses, says Damon Pike at BDO.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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A Look At How De Minimis Import Rules May Soon Change
The planned implementation of executive actions focused on the de minimis rule as it applies to shipments means companies should use this interval to evaluate the potential applicability and impact of Section 301, Section 201 or Section 232 duties on their products, say attorneys at Holland & Knight.
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Antitrust Issues To Watch Amid Google Ad Tech Trial
Regardless of the outcome of the U.S. Department of Justice's advertising technology antitrust suit against Google in Virginia federal court, matters ranging from market definition to unified pricing will likely have far-reaching implications for the digital advertising industry, competition and innovation, say attorneys at Holland & Knight.
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What To Know About Latest Calif. Auto-Renewal Law Update
While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.