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Retail & E-Commerce
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November 15, 2024
Texas Judge Won't Halt CFPB Small-Biz Rule As Banks Appeal
A Texas federal judge has declined to stay the compliance date of the Consumer Financial Protection Bureau's small-business lending data collection rule while a coalition of bank trade groups appeals his decision to uphold the rule's data collection requirements, saying no circumstances justify such "extraordinary relief."
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November 15, 2024
DEA Judge Nixes Vet Group's Bid To Take Part In Pot Hearings
An administrative law judge with the U.S. Drug Enforcement Administration on Friday denied a veterans group's bid to participate in upcoming hearings on a proposal to loosen federal restrictions on marijuana.
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November 15, 2024
Hot Topic Shoppers' Info Stolen By 'Satanic' Hacker, Suit Says
Hot Topic and its retail affiliates were hit with a proposed class action Wednesday in California federal court alleging an unknown hacker with the username "Satanic" infiltrated their databases containing personal information belonging to 350 million customers and offered to sell the information on an internet forum last month.
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November 15, 2024
Pennsylvania AG Can't Stop Glass Plant From Moving To Ohio
A Pennsylvania federal judge denied the Keystone State attorney general's bid to stop a private equity firm from shutting down a Pyrex plant it purchased and moving its operations to Ohio, ruling that "there is simply insufficient evidence presented" to show that the move will be anticompetitive.
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November 15, 2024
Penn State Asks To Keep Defendant In Vintage Brand TM Trial
In the middle of a closely watched trademark infringement trial, the Pennsylvania State University asked a federal judge Friday to reconsider his decision to dismiss one of the defendants, arguing that Sportswear Inc.'s role as the exclusive manufacturer and distributor of Vintage Brand merchandise means Sportswear can be liable for infringement.
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November 15, 2024
Coffee Shop Agrees To Stop Using Dior Name After Suit
A Western Massachusetts coffee shop will stop using the name "Café Dior," settling a trademark infringement lawsuit brought by French luxury brand Christian Dior, according to a Friday filing.
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November 15, 2024
Monsanto Cleared In Philly's 7th Roundup Trial
A Philadelphia jury on Friday cleared Bayer AG unit Monsanto of liability in a woman's lawsuit alleging she developed cancer by using the weedkiller Roundup, delivering the agrochemical giant its third victory in the city's mass tort.
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November 15, 2024
Wilson Sonsini Atty To Produce Docs In Under Armour Row
Emails sent by a Wilson Sonsini Goodrich & Rosati attorney to employees of a Pittsburgh-area minor league baseball team he co-owns are not covered by attorney-client privilege and should be provided to Under Armour as part of discovery in an antitrust suit filed against the sports apparel giant, a Pennsylvania federal judge ruled this week.
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November 14, 2024
Chinese Amazon Sellers Say Firm Botched Settlement Talks
A group of Chinese electronics sellers have slapped a small New York law firm with a $6.4 million malpractice lawsuit, saying the firm torpedoed a potential settlement with Amazon after the online behemoth deactivated their seller accounts and withheld millions of dollars of their profits.
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November 14, 2024
Trump's RFK Jr. Pick For HHS Draws Its Share Of Critics
The nomination of Robert F. Kennedy Jr. — well-known for his opposition to vaccines — as the secretary of the U.S. Department of Health and Human Services is President-elect Donald Trump's latest controversial pick for his administration, and one that could disrupt the U.S. Food and Drug Administration and its mission.
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November 14, 2024
Pinterest Investor Attys Get $2.5M More After Deal Monitoring
A California federal judge on Thursday awarded an additional $2.5 million in fees to attorneys who've been monitoring Pinterest's compliance with a deal that ended investors' claims the company fostered a culture of race and sex discrimination, ruling that he's "satisfied" with both parties' efforts in the wake of the settlement.
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November 14, 2024
Judge Vows Atty Fee Trims For Handling Of $90M Google Deal
A California federal judge overseeing Google's $90 million antitrust deal with Play Store developers on Thursday blasted counsel representing smaller developer plaintiffs and the administration company handling the settlement, criticizing the administrator's work as "the worst performance I've seen" and vowing to trim the attorney fees "substantially."
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November 14, 2024
3 Firms Guide UAE Grocery Giant Lulu's $1.7B Market Debut
United Arab Emirates grocery chain Lulu Retail Holdings PLC's shares closed flat in debut trading Thursday following an upsized, $1.7 billion initial public offering that marked the largest UAE listing of 2024, guided by three law firms.
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November 14, 2024
'The World Has Changed': Google's $700M Deal Gets 2nd Look
The California federal judge considering Google's $700 million antitrust deal with states and consumers told plaintiffs' counsel Thursday to review the settlement terms to ensure that they comport with Google Play store changes he ordered in Epic Games' separate lawsuit, saying "the world has changed" since they struck the deal.
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November 14, 2024
Hasbro's Excess Toy Inventory Tanked Stock, Suit Says
Toy and entertainment company Hasbro Inc. has been hit with a proposed shareholder class action alleging it falsely portrayed high inventory levels as a protective measure against supply chain issues despite knowing its inventory far exceeded actual consumer demand.
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November 14, 2024
LuLaRoe Hit With $164M Verdict In Contract, Fraud Trial
Troubled multilevel marketing company LuLaRoe has been saddled with a $164 million jury verdict in California state court for breaching its contract with a clothing supplier and fraudulently hiding assets in real estate ownership entities and a race car company to avoid paying up.
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November 14, 2024
Hemp Companies Take NJ Challenge To 3rd Circ.
A group of companies that manufacture and sell hemp products is urging the Third Circuit to take a second look at an order that blocked part of a New Jersey law that regulates the sale of intoxicating hemp products, despite seemingly scoring a favorable outcome at the trial level.
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November 14, 2024
Wash. Justices Seem Split On Cannabis Co. Wage Suit
The Washington State Supreme Court wrestled Thursday with whether the state labor department jumped the gun on filing an unpaid-wages suit against a marijuana company, with one justice questioning if the department exceeded its powers and another expressing concern that lax enforcement would allow companies to skip payments for years.
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November 14, 2024
Takeda Rips Cert. Order's 'Whale Of Assumption' At 9th Circ.
Takeda Pharmaceutical urged the Ninth Circuit on Thursday to reverse a ruling certifying a class of third-party payors who allege Takeda and Eli Lilly & Co. hid their anti-diabetes drug's bladder-cancer risks, arguing the lower court erroneously made a "whale of an assumption" that 56.7% of prescriptions wouldn't have been written with disclosures.
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November 14, 2024
Atlanta Developer Says City Dodging Discovery In Property Fight
An Atlanta landowner suing the city over its allegedly illegal condemnation of a disused fast food joint has asked a Georgia federal judge to keep the suit alive, telling the court the city can't win a recent summary judgment bid while discovery remains open.
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November 14, 2024
UPS Driver's Class Claims Can Stay In Court, Judge Says
UPS can't make a driver arbitrate his sick leave and wage class claims against the company, a Colorado federal judge ruled, finding the plaintiff is part of a group of workers who are exempt under federal arbitration law because their jobs are linked to interstate commerce.
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November 14, 2024
Wash. Justices Grill Lowe's Attorney In Fallen Fencing Case
Washington State Supreme Court justices pushed back Thursday against a stance taken by Lowe's that a shopper injured by a fallen roll of wire fencing had presented inadequate evidence showing the accident could've been anticipated, with one justice remarking that the big box store seemed to "gloss over" key details in the case.
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November 14, 2024
Dick's Settles New Jersey AG's Suit Over Ammunition Sales
New Jersey and Dick's Sporting Goods Inc. have reached a deal to resolve allegations that the retail chain violated the Garden State's consumer protection laws by selling and shipping large capacity ammunition magazines into the state, New Jersey Attorney General Matthew J. Platkin announced Thursday.
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November 14, 2024
Importer Says Its Duty Probe Answers Give It Standing To Sue
A company that imports mattresses has hit back at the government's argument that the importer cannot challenge duties it incurred because it didn't participate in an investigation into the tax, saying the company provided factual data in response to a questionnaire during the probe.
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November 14, 2024
Whole Foods Workers Seek Massive Class In 401(k) Fee Suit
Former Whole Foods employees have asked a Texas federal judge to turn their suit against the company into a class action, saying they'd like to represent nearly 100,000 current and former employees in litigation accusing the grocery chain of mismanaging its 401(k) plan.
Expert Analysis
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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How Cos. Can Leverage IP In Corporate Bankruptcy
In light of an increase in year-to-date Chapter 11 filings, businesses must understand the importance and value of intellectual property in corporate bankruptcy and restructuring, from contributing to enterprise value, to providing leverage in negotiations and facilitating recovery, says Gregory Campanella at Ocean Tomo.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Opinion
Portland's Gross Receipts Tax Oversteps City's Authority
Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.
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IP Hot Topic: The Intersection Of Trademark And Antitrust Law
Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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Avoiding Retail Bankruptcy As Economic Uncertainty Persists
Amid record retail bankruptcies and continued economic uncertainty in 2024, retailers can take specific steps like building stronger cash-flow models, managing inventory wisely and reassessing cost structures to avoid financial distress, say consultants at BRG.
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Navigating The Uncertain Landscape Of Solar Tariffs
Solar cell and module manufacturers, exporters and importers must navigate an uncertain compliance landscape, given ongoing challenges to U.S. Department of Commerce antidumping and countervailing duty determinations, which have been mounted both by U.S. and non-U.S. manufacturers, say attorneys at Morgan Lewis.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Managing Credit Card Rewards Programs Amid Scrutiny
Renewed New York and federal interest in consumer protection issues associated with credit card rewards programs presages future regulatory enforcement and attention from plaintiffs attorneys, so issuers should focus on certain categories of consumer complaints and some compliance ambiguities, say Rich Zukowsky and Ella Beres at Davis Wright.
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Comparing 5 Administrators' Mass Arbitration Procedures
Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.