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Retail & E-Commerce
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July 15, 2024
Walgreens Investor Sues Over Challenged Pharmacy Division
Walgreens Boots Alliance Inc. was hit with a proposed shareholder class action alleging it inflated share prices by concealing the lack of viability of its pharmacy division, which it eventually disclosed needed a major overhaul to become sustainable.
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July 15, 2024
Vegas Biz Group Loses Bid For H-2B Janitors Over Calendars
A Las Vegas-based Hispanic business group again lost a bid to hire 100 foreign janitors when a U.S. Department of Labor appeals board ruled that calendars the group submitted showed a permanent, rather than seasonal, need for the cleaning staff.
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July 15, 2024
Netgear Defends RICO, Antitrust Case Against Huawei
Router maker Netgear is coming out in defense of its suit accusing the Chinese government-affiliated Huawei of racketeering and antitrust violations, saying that the tech company has attacked its claims by "overstating the pleading requirements and ignoring the law."
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July 15, 2024
PTAB Will Review Money Clip IP Tied To Looming Import Ban
The Patent Trial and Appeal Board has agreed to review if a Ridge Wallet LLC money clip patent should be invalidated, giving hope to a challenger facing an import ban for infringement of the same patent.
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July 15, 2024
Teamsters Must Stay Out Of Cannabis Law Row, Co. Says
The International Brotherhood of Teamsters is trying to intervene in a suit over a California law's mandate for labor peace agreements to obtain money, a cannabis retailer claimed, telling the court that the union lacks an interest to justify its intervention.
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July 15, 2024
Nike Suit Seeks More Than $60M From Counterfeit 'Empire'
Nike filed a federal lawsuit on Monday for more than $60 million against a popular Los Angeles company producing pricey customized sneakers that the sportswear giant claims unlawfully uses Nike's designs and intellectual property, saying the company and its founder are even offering "Nike Counterfeiting 101" classes.
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July 15, 2024
Feds Outline Eligibility Criteria For Foreign Entrepreneur Rule
U.S. Citizenship and Immigration Services provided updated guidance on the requirements for foreign entrepreneurs to qualify for short-term immigration benefits under the International Entrepreneur Rule.
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July 15, 2024
Gun Mags Are Not 'Arms' Under Constitution, Wash. AG Says
Washington's attorney general is urging the state Supreme Court to uphold a ban on sales of large-capacity magazines for firearms, arguing on Friday that the ammunition devices are not arms deserving of constitutional protection.
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July 15, 2024
Crocs Dodges Clog Competitor's Counterclaims In IP Battle
A Colorado federal judge has tossed a pair of counterclaims alleging anticompetitive conduct by Crocs in the shoe company's intellectual property lawsuit against a smaller rival, with the judge concluding that the rival never claimed Crocs said anything untrue or in bad faith.
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July 15, 2024
3rd Circ. Wants Higher Bar For Halting Delaware Gun Laws
The Third Circuit held Monday that courts have lowered the bar for issuing preliminary injunctions too much, allowing Delaware to keep its ban on "assault weapons" and extended magazines because the gun rights groups challenging the law hadn't met the burden of showing the harm necessary for "extraordinary relief."
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July 15, 2024
FTC Warns Franchisors About Unfair Contract Terms
The Federal Trade Commission warned franchisors in a new policy statement not to use contract provisions or other tactics to prevent their franchisees from reporting potential law violations to government enforcers.
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July 15, 2024
Lululemon's Sustainability Ads Are 'Greenwashing,' Suit Says
Lululemon's global "greenwashing" marketing campaign has lied to consumers that its products and businesses are eco-friendly while the athleisure company has continued to have a negative impact on the environment, a lawsuit in a Florida federal court said.
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July 15, 2024
Polaris Throttle Defect Blamed For Paralyzing Off-Road Crash
Polaris has been hit with a negligence suit in Washington federal court by an Evergreen state couple who say the motorsport manufacturer is to blame for a throttle malfunction that caused the husband's off-road vehicle to ram into a tree, paralyzing his lower body.
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July 15, 2024
Catching Up With Delaware's Chancery Court
Chancery Court news was full of fees and settlements last week, with three multimillion-dollar deals getting a court OK, and a daylong discussion over a potentially multibillion-dollar fee award for attorneys who got Tesla CEO Elon Musk's astronomical pay package thrown out. The court also banged the gavel in cases involving e-payment venture SwervePay and managed care company Centene Corp., and heard arguments from software company SAP SE and biotech Renmatix Inc.
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July 15, 2024
LendingTree Urges FCC To Narrow Lead Consent Rule
Loan marketplace LendingTree is asking the Federal Communications Commission to add an exception to its new "lead generator" consent rule, saying that as it's currently constructed, the rule disadvantages small businesses competing with larger brand names.
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July 15, 2024
Feds In EBay Stalking Case Seek Leniency For Sick Defendant
The final defendant in a criminal harassment and stalking campaign by eBay employees against two Massachusetts journalists over their coverage of the auction site should be spared from prison only because of his inoperable cancer diagnosis, federal prosecutors said.
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July 15, 2024
No Sanctions For Milberg In Visa, Mastercard MDL
A New York federal judge on Friday declined to order sanctions against Milberg Coleman Bryson Phillips Grossman LLC after the firm admitted to mistakenly registering fraudulent clients in long-running multidistrict litigation that accused Visa and Mastercard of charging improper merchant fees.
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July 15, 2024
United Rentals Says It Caught Ex-Worker At Rival's Worksites
United Rentals Inc.'s private investigators watched a former sales manager violate a one-year noncompete agreement covering a 50-mile radius by watching him don gear emblazoned with his new employer's logo and tracking him to three Connecticut sites staffed by at least two longtime customers, a newly filed lawsuit indicates.
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July 15, 2024
US Co. Says Feds Ignored Sales Issues To Lift Chemical Duty
A chemical manufacturer that convinced the U.S. Department of Commerce to levy tariffs on an Austrian corrosion-inhibiting pigment in 2019 has sued the department for its recent decision to lift the tariffs, claiming Commerce overlooked an importer's influence over its U.S. customers.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
2nd Circ. Revives 'Whole Wheat Flour' Cracker Label Suit
Advertising which emphasized "organic whole wheat flour" in a box of crackers when white flour was the primary ingredient was misleading and "arguably false," according to the Second Circuit, which revived a lawsuit accusing Back to Nature Foods Co. of tricking its customers.
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July 12, 2024
Valve Says Too Much Game Publisher Variety For Class Cert.
Online gaming giant Valve is fighting certification of a class of some 32,000 gaming publishers that distributed their titles through the company's Steam platform, arguing those publishers have nothing in common to assert any commonality in the alleged creation of a pricing floor that helped sustain Valve's 30% commissions.
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July 12, 2024
Staffing Agency Accused Of Misclassifying Workers
A staffing agency misclassified customer service agents as independent contractors and failed to pay them for all the hours they worked, according to a proposed class and collective action filed in Colorado federal court.
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July 12, 2024
Republican Presses Tai For Info On E-Commerce Shift
Rep. James Comer, R-Ky., pressed the Biden administration's top trade official for more information on why the president withdrew from digital trade talks at the World Trade Organization, threatening "compulsory action" if she failed to provide meaningful answers.
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July 12, 2024
T-Mobile Wins Time To Defend Arb. Award In 'SIM Swap' Suit
T-Mobile USA has won more time to defend an arbitration award it won after a customer claimed that lax security measures caused him to lose nearly $240,000 in cryptocurrency, according to a Florida federal court order.
Expert Analysis
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Key Lessons After A Rare R&W Insurance Ruling
The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Retailers Must Be Mindful Of Sale Ads As Class Actions Rise
A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.
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NY's Revamped Card Surcharge Ban Is Unique Among States
Newly revised New York legislation bolsters the state's ban on credit card surcharges, potentially reinvigorating similar laws across the country despite the fact that many of them have been ruled unconstitutional, say Tom Witherspoon and Audrey Carroll at Stinson.
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.
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What's On The Horizon In Attorney General Enforcement
A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.
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2nd Circ. Ruling Will Guide Social Media Account Ownership
The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.
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Del. Segway Dismissal Suggests Execs Not Liable For Biz Risk
While the debate continues within the Delaware Chancery Court over whether Caremark liability applies to matters of pure business risk, the court's recent rejection of Segway’s suit against the ex-president who oversaw financial difficulties suggests the court is uninterested in undermining the deference the business judgment rule grants corporate fiduciaries, say attorneys at Dechert.
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Exporters Should Approach Self-Disclosure With Caution
A January Bureau of Industry and Security memorandum created an abbreviated process for disclosing export control violations that lack aggravating factors, but deciding which disclosure method to utilize remains a complex strategic undertaking to which companies must give careful consideration, say attorneys at Covington.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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Freight Forwarders And Common Carriers: Know Your Cargo
Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.