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Retail & E-Commerce
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May 31, 2024
Australian Co. Aims For Shopify Highs In $250M SPAC Deal
Sydney, Australia-based Btab Ecommerce Group Inc., an e-commerce supplier for small businesses, has agreed to merge with special-purpose acquisition company Integrated Wellness Acquisition Corp. in a transaction valued at $250 million, the companies said Friday.
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May 31, 2024
FDA Seeks Fines Over Elf Bar E-Cigarette Sales
The U.S. Food and Drug Administration on Thursday said that it is seeking civil money penalties from nine stores and one online retailer for selling Elf Bar e-cigarettes, after previously warning them about sales of unauthorized tobacco products.
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May 30, 2024
Feds Overly Constricted Extrusion Exclusion, Importer Says
The U.S. Department of Commerce misinterpreted language outlining a carveout from duties on aluminum exclusions from China to make it overly restrictive, according to an importer calling for a speedy decision from the U.S. Court of International Trade.
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May 30, 2024
Ga. Judge Gives Fraudster 'Damn Good' 1-Year Sentence
A Georgia federal judge on Thursday handed down what he called a "pretty damn good" sentence of a year and a day to a man who pled guilty to procuring names and social security numbers that were used in a $9.4 million fraudulent invoice scheme against Amazon.
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May 30, 2024
'I Don't Need Help Running The Court,' Judge Chides Attys
A Michigan state judge on Thursday appeared frustrated with attorneys for MGM and its former law firm arguing over potential conflicts in an underlying case, telling them to stop avoiding his questions and saying he didn't "need help running the court."
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May 30, 2024
La-Z-Boy Hit With Suit Over Misleading Furniture Pricing
Furniture manufacturer La-Z-Boy Inc. was accused on Thursday in California federal court of falsely advertising the prices of home furnishings sold by its subsidiary.
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May 30, 2024
Rite Aid Ch. 11 Timeline Extended To Allow More Plan Review
A New Jersey judge on Thursday lengthened the timeline for Rite Aid to seek an exit from its Chapter 11 bankruptcy, pushing the confirmation hearing date out by seven days after insurers and others said the company's schedule would not provide enough time to review its restructuring plan.
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May 30, 2024
Ill. Made 'Big Concession' In 3M PFAS Suit, 7th Circ. Judge Says
A Seventh Circuit judge observed Thursday that the state of Illinois made a "big concession" in its suit accusing 3M of polluting local waters with toxic "forever chemicals" when the state said 3M could avoid liability if Illinois can't prove contamination came exclusively from a particular facility.
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May 30, 2024
Divided FTC Won't Delay Kroger-Albertsons In-House Case
The Federal Trade Commission's three Democrats refused Wednesday to delay the agency in-house challenge to Kroger's $24.6 billion purchase of Albertsons, blaming the grocery giants for their scheduling challenges and drawing a sharp dissent from the FTC's two Republicans.
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May 30, 2024
Gas Station Chain Owes Wash. Tax For In-Network Sales
A Pacific Northwest gas station chain that issued fuel cards to customers must pay the Washington state business and occupation tax when holders of those cards purchase gas from other participating gas station chains, a Washington appeals court panel found, partially upholding the trial court.
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May 30, 2024
Grocery Automation Biz Files Ch. 11 With $13M In Debt
E-grocery automation system maker Takeoff Technologies filed for Chapter 11 protection Thursday in Delaware bankruptcy court with nearly $13 million in debt, saying that, after eight years in business, it had been unable to generate the cash flow it needed to turn a profit.
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May 30, 2024
Dollar General Gets To Close Door On Injury Suit
The Georgia Court of Appeals has shut down a patron's suit against Dollar General Store alleging she injured her hand closing a faulty door, saying the hazard was not hidden, she had as much knowledge of it as employees, and she'd negotiated the door successfully earlier the same day.
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May 30, 2024
Wine Distribution Giants Must Face Provi's Antitrust Suit
The nation's two largest wine and distilled spirits distributors must face unfair competition claims from an online marketplace accusing them of illegally trying to stifle competition and shut it out of the market, an Illinois federal judge determined Thursday.
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May 30, 2024
Minn. Gov. Signs Law For Earlier Cannabis Industry Launch
Minnesota Gov. Tim Walz has signed a bill that imposes a number of changes to the state's marijuana law, including provisions that could allow social equity cannabis applicants to start cultivating the plant for the new market by the end of the year.
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May 30, 2024
Commerce Pours Up 203% Duties For Chinese Wine Bottles
The U.S. Department of Commerce set early duties of 202.70% on wine bottles made by eight Chinese manufacturers who did not respond to the agency's questions, while the lone cooperator landed a preliminary rate of 21.14%.
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May 30, 2024
Target's Surveillance System Violates BIPA, Shoppers Say
Target faces a proposed class action in Illinois federal court filed Thursday accusing it of gathering shoppers' biometric data through surveillance systems and other sophisticated technology in its campaign to prevent organized retail theft, while failing to advise it is doing so or obtaining their permission.
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May 30, 2024
Conn. Judge Axes Pot Dispensary Permit Challenge
A collection of Stamford, Connecticut, citizens has no right to appeal a court-approved settlement between the city's zoning board and a cannabis company, which allows Sweetspot Stamford LLC to operate a retail dispensary, a state court judge has ruled.
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May 30, 2024
VR Fitness App Ends $353M Antitrust Row With Meta, For Now
An app developer that sued Meta, Mark Zuckerberg and others seeking $353 million for alleged antitrust violations after the social media platform reneged on a deal to launch the plaintiff's virtual reality fitness app voluntarily dropped his case, for now, according to a notice filed Wednesday in California federal court.
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May 30, 2024
Bottler Says It's Owed Defense In Wine Contamination Dispute
A wine bottler told a California federal court its insurer must reimburse defense costs it incurred while fighting a now-settled suit seeking to hold the company liable for a $1.2 million wine contamination, arguing the lawsuit didn't specifically allege what the bottler's actions were nor the cause of contamination.
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May 30, 2024
Sneaker Co. Golden Goose Plots Top Italy IPO In Over A Year
Luxury sneaker brand Golden Goose Group SpA on Thursday unveiled plans to go public in Italy, aiming to raise €100 million ($108 million) in what would mark Italy's largest IPO in the last year.
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May 30, 2024
Data Co. Exec, Worker Guilty Of Fraud In Mail Scam Case
A Colorado federal jury on Thursday convicted two former Epsilon Data Management employees for their roles in selling data to mail scammers who preyed on the elderly and vulnerable.
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May 29, 2024
Amazon Shouldn't Escape BIPA Suit, Judge Recommends
A Washington federal magistrate judge on Wednesday recommended that the court should not toss a suit alleging Amazon.com Inc. collected facial scans of teens playing a popular video game without proper disclosures or consent, saying the plaintiff sufficiently alleges that Amazon knowingly obtained the data and disseminated it.
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May 29, 2024
Meta's Policy On Threats List 'Sounds Nefarious,' Judge Says
The California federal judge overseeing claims Meta blacklists certain adult performers questioned the social media giant's practice of keeping its list of dangerous organizations and individuals as a "living document" that changes constantly and isn't archived, saying the policy appears to destroy evidence and "sounds nefarious."
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May 29, 2024
6th Circ. Won't Consider Appeal Over Fatal Walmart Shooting
The Sixth Circuit on Wednesday rejected a challenge to the dismissal of a wrongful death claim against Walmart by the family of a man killed by police, ruling the lower court shouldn't have certified dismissal for immediate review because the same set of facts underlie unresolved claims remaining for trial.
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May 29, 2024
Pot Co. Must Face Calif. City's Counterclaims In License Battle
A California cannabis company and entrepreneur can't escape counterclaims that they failed to pay fees associated with a commercial license to sell in the city of Baldwin Park — the same municipality whose officials they claim helped swindle him out of nearly $1 million — a federal judge ruled Tuesday.
Expert Analysis
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Ex-OpenSea Staffer Case May Clarify When Info Is Property
In considering the appeal of a former OpenSea manager’s wire fraud conviction in U.S. v. Chastain, the Second Circuit may soon provide guidance about whether economic information is traditional property in certain insider trading prosecutions — a theory of fraud that the U.S. Supreme Court has repeatedly narrowed, say attorneys at Debevoise.
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Unraveling The Bundled Benefits Of Retail Memberships
The recent prevalence of paid retail memberships and the associated findings of a consumer survey suggest that assessing consumer preferences and welfare may be important when considering resolution mechanisms in antitrust contexts, say Rosa M. Abrantes-Metz at Berkeley Research Group, Mame Maloney at The Brattle Group and Jeff Brazell at the University of Utah.
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Opinion
Stakeholder Amici Should Be Heard In Russian Trade Case
Although the U.S. Court of International Trade recently rejected U.S. Steel's amicus brief in NLMK Pennsylvania v. U.S., other industry stakeholders should seek to appear — and the court should allow it because additional perspectives will lead to a more informed ruling, say attorneys Jeffrey Shapiro and Michael Andrews.
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Workplace Speech Policies Limit Legal And PR Risks
As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.
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US Cos. Must Guard Against Russian Diversion Of Goods
Amid allegations that Russia is end-running trade sanctions through the diversion of otherwise innocuous, everyday goods, U.S. industry involved in the manufacture or distribution of electric products must step up its customer and partner due diligence to avoid unwittingly facilitating the weapons proliferation cycle, say attorneys at Arnold & Porter.
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Staying Ahead Of The AI Policymaking Curve
With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.
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10 Years Of Retail Battles: Unpacking Pricing Litigation Trends
A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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What Cos. Can Learn From 2023 Export Enforcement Report
A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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OCC Guidance May Lead Off 'Buy Now, Pay Later' Regulations
The Office of the Comptroller of the Currency's bulletin released last month to assist national and federal savings banks with managing the risks posed by "buy now, pay later" lending may be the start of increased state legislation or guidance specifically aimed at regulating such loans, say Susan Seaman and Jacob Huston at Husch Blackwell.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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How States Vary On The Fireman's Rule And Its Applicability
A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.