Retail & E-Commerce

  • July 30, 2021

    BJ's Says Keurig's Coffee Monopoly Brews Up Higher Prices

    BJ's Wholesale Club launched an antitrust suit Friday against Keurig Green Mountain, claiming the single-serve coffee company's death grip on the market forced it to overpay on the hundreds of millions of dollars of product it purchased from Keurig in recent years.

  • July 30, 2021

    Ross Keeps Billion-Dollar COVID Loss Suit Against Insurers

    A California state judge has given Ross Stores Inc. the green light to pursue its COVID-19 business interruption claims against Zurich, AIG and other insurers, rejecting the carriers' dismissal motions and saying a contamination exclusion may not bar virus losses.

  • July 30, 2021

    6th Circ. Backs Mich. Cannabis Co. Owner's 15-Year Sentence

    The Sixth Circuit on Friday shot down a Michigan marijuana dispensary owner's bid to overturn his convictions for conspiracy and nine federal marijuana-related offenses, as well as his sentence of over 15 years in prison, finding that he was not in compliance with the state's medical marijuana law.

  • July 30, 2021

    Jushi Nets $14.4M Arbitration Award Over Contract Breach

    An arbitration panel has issued an interim award of nearly $14.4 million to a subsidiary of cannabis company Jushi Holdings Inc. in its contract breach dispute with a subsidiary of Harvest Health & Recreation Inc., Jushi announced Friday.

  • July 30, 2021

    Sprint Says Phone Lease Cost Suit Belongs In Arbitration

    Sprint says that claims from two of its customers accusing the telecom company of misleading them about the true cost of its phone lease program belong in arbitration, not in California federal court.

  • July 30, 2021

    CBD Co. Claims Payments Processor Unfairly Blacklisted It

    An online CBD seller is suing companies that briefly handled its credit card payments, accusing the firms of unfairly adding it to a database of merchants that have violated certain payment processing rules.

  • July 30, 2021

    Judge Tells Wholesaler GBG To Revamp Ch. 11 Loan Docs

    A $16 million debtor-in-possession loan for bankrupt clothing wholesaler GBG USA Inc. required some changes Friday before a New York bankruptcy judge would grant interim approval for the package, saying he was growing frustrated with the ballooning size of such loan documents.

  • July 30, 2021

    Brand Battles: Ben & Jerry's Takes Aim At 'Half-Baked' Snacks

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Ben & Jerry's wants to block a marijuana snack company's applications for "Half-Baked" cookies and drinks, citing its ice cream of the same name — plus four other new cases you need to know.

  • July 30, 2021

    McKesson Wants Prescription Data In Cherokee Opioid Case

    Pharmaceutical distributor McKesson Corp. asked an Oklahoma federal judge for an order compelling state officials to fork over prescription drug monitoring program data, saying the information is critical to its defense in a bellwether opioid suit filed by the Cherokee Nation.

  • July 30, 2021

    Texas Pharmacist's FCA Suit Against Walgreens Thrown Out

    A Texas federal judge has dismissed a pharmacist's False Claims Act suit against Walgreens alleging the company submitted claims to Medicaid and Medicare for medications that were never prescribed, holding she failed to show the actions were fraud "rather than innocent mistake, negligence or regulatory violation."

  • July 30, 2021

    Lowe's Must Face NJ Suit Over Worker-Customer Skirmish

    A New Jersey state appeals court on Friday revived claims against Lowe's over a physical altercation between a sales associate and a customer, finding that a trial judge should have let jurors decide whether the employee's lack of training led to the incident.

  • July 30, 2021

    NJ Apparel Store's COVID Suit Doomed By Virus Exclusion

    West American Insurance Co. does not owe a New Jersey sports apparel store for financial losses it incurred when it was forced to close because of the COVID-19 pandemic, a New Jersey federal judge has ruled, citing the policy's virus exclusion.

  • July 30, 2021

    L Brands Inks $90M Global Deal For 'Toxic' Workplace Suits

    Multichain specialty retailer L Brands announced a $90 million corporate governance reform agreement Friday to settle multiple derivative lawsuits seeking damages arising from "toxic" workplace conditions, including sexual harassment.

  • July 30, 2021

    UK Also Probing Facebook's Kustomer Deal

    The U.K.'s Competition and Markets Authority announced Friday that it is investigating Facebook Inc.'s planned purchase of customer relationship management service provider Kustomer, following a similar move by the European Commission earlier this year.

  • July 30, 2021

    Frozen Yogurt Co. Accuses Insurance Broker Of Deception

    An Arkansas operator of Menchie's Frozen Yogurt stores has sued its insurance broker, alleging the broker failed to include the company's warehouse in the policies and caused it significant damage after its product spoiled in the warehouse.

  • July 30, 2021

    Taco Bell Patron Says Tainted Nachos Left Her Paralyzed

    A Georgia woman is suing Taco Bell of America LLC and its parent company in state court, alleging that a bad batch of nachos gave her a rare disorder that’s left her paralyzed.

  • July 30, 2021

    Biggest Merger Review Developments Of 2021 So Far

    The year started off with two high-profile deals abandoned in the face of pressure from U.S. enforcers determined to stop so-called killer acquisitions. Now, antitrust practitioners are waiting for decisions on a number of pending merger challenges. Here, Law360 looks at the major developments so far in 2021 as the new administration gears up for a busy second half.

  • July 30, 2021

    Mass. Dealerships Say Volvo Shorts Them On Service Pay

    A pair of Massachusetts Volvo dealers Thursday accused the Swedish automaker of underpaying them for maintenance they perform under prepaid service plans in violation of a Bay State law designed to level the playing field between dealerships and powerful manufacturers.

  • July 30, 2021

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

    This past week in London has seen Cantor Fitzgerald & Co. sue an Indian bank, eight insurers go after British construction giant John Wood, and Visa and MasterCard face new competition claims. Here, Law360 looks at those and other new claims filed in the U.K.

  • July 30, 2021

    Gaps In Mass. Pot Scheme Should Be Closed, Top Court Says

    Massachusetts' top court on Friday urged the state Legislature to "close the gaps" that allow communities to seek excessive fees from cannabis businesses hoping to open within their borders, but it also found that a prospective Salem shop's suit was properly tossed by a lower court.

  • July 29, 2021

    Amazon's Fulfillment Pressure Hurt 135M Buyers, Suit Says

    An Amazon customer hit the online shopping behemoth with a putative antitrust class action suit in Washington federal court seeking to represent 135 million fellow customers, alleging Amazon effectively forces its sellers to purchase its "Fulfillment by Amazon" services, thereby hurting competition and driving up prices.

  • July 29, 2021

    IP Forecast: Fed. Circ. To Mull Narcan Patents

    Emergent BioSolutions' grip on its blockbuster opioid overdose medication Narcan is at stake in a patent case that reaches the Federal Circuit on Monday. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • July 29, 2021

    MDL Objections In Big Tech Ad Monopoly Suits Perplex Judge

    A member of the Judicial Panel on Multidistrict Litigation on Thursday rebuked publishers and advertisers objecting to centralizing a Texas-led antitrust suit against Google with a slew of private actions accusing the company of monopolizing the display advertising market, saying their protest "is a little perplexing."

  • July 29, 2021

    Dick's, Best Buy, Tech Co. Sued Over Consumer 'Risk Scores'

    A group of consumers is suing Dick's Sporting Goods, Best Buy and other major retailers in a Pennsylvania federal court for contracting with a consumer reporting agency they claim invaded their privacy and violated state and federal laws.

  • July 29, 2021

    Insurer Says Ill. Produce Store's Policy Blocks BIPA Coverage

    Philadelphia Indemnity Insurance Co. filed suit Thursday asking a federal judge to declare it has no duty to defend two Illinois produce markets against underlying claims that their time-tracking practices violated a former employee's biometric privacy rights.

Expert Analysis

  • 9th Circ. Honey Label Ruling Reflects 'Common Sense' Shift

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    The Ninth Circuit's recent dismissal of Moore v. Trader Joe's, a putative class action over a product labeled "100% New Zealand Manuka Honey," suggests that courts are growing more willing to dismiss labeling challenges that do not pass the reasonable-consumer test, say attorneys at Alston & Bird.

  • Rebuttal

    Courts Should Heed Contract Law In COVID-19 Physical Loss

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    While a recent Law360 guest article urged courts to adopt the particle theory of coverage in deciding COVID-19-related property loss and damage claims, this approach ignores the intent, function and language of commercial insurance policies — not to mention the science itself, say Adam Fleischer and Elisabeth Ross at BatesCarey.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • 6 Ways To Excise Xinjiang Forced Labor From Supply Chains

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    As the U.S. increases scrutiny of China's Xinjiang province and considers legislation to bar all goods produced, mined or manufactured there unless the importer can prove the absence of forced labor, importers can take steps to ensure supply chain compliance, say Rachel Alpert and Grace Signorelli-Cassady at Jenner & Block.

  • New FTC Mergers Approach Raises Risks For Buyers, Sellers

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    In rescinding a 1995 policy statement last week, the Federal Trade Commission likely seeks to more regularly impose "prior approval" obligations for future transactions in its merger cases, which changes the risk profile for buyers and sellers negotiating antitrust provisions in deal agreements, say Jon Dubrow and Noah Feldman Greene at McDermott.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Insurance Brokers Should Expect Wave Of E&O Claims

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    Policyholders' unsuccessful COVID-19 business interruption suits and the pandemic-related move to remote work will likely result in a plethora of errors and omissions claims brought against insurance agents and brokers, as evidenced by recently filed cases, says Peter Biging at Goldberg Segalla.

  • What Food Industry Can Expect After Biden Antitrust Order

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    President Joe Biden's recent executive order will bring an increased focus on competition law from four federal agencies, so food and agriculture companies should anticipate and incorporate changes in their standard operating procedures with respect to antitrust policy and compliance, say attorneys at Faegre Drinker.

  • A Legal Primer On Social Tokens

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    Social tokens, a new class of blockchain-based assets that celebrities and brands can use to connect with fans and consumers, hold great promise — but their value may be volatile, and issuers must understand the advertising, contractual and intellectual property issues that come with them, says Hannah Taylor at Frankfurt Kurnit.

  • Opinion

    COVID Insurance Rulings Are Misinterpreting 'Physical Loss'

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    Recent court decisions interpreting "direct physical loss" clauses to deny COVID-19 business interruption recovery where the subject property has not been structurally altered contradict the purpose of all-risks insurance, the ordinary meaning of the operative policy language and pre-pandemic case law, says ​​​​​​​Lee Epstein at Flaster Greenberg.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • Courts Should Defer To Science On COVID-19 Physical Loss

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    As litigation of pandemic-related business interruption claims continues nationwide, the insurance carriers and courts adopting the most conservative interpretation of "physical loss or damage" — the basic trigger for business interruption coverage — are making erroneous assumptions about a complex physical phenomenon, says Micah Skidmore at Haynes and Boone.

  • Recent High Court Decisions Signify 1st Amendment Direction

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    The U.S. Supreme Court’s recently concluded term saw a flurry of First Amendment cases, providing lessons for how the court, with its 6-3 conservative split, may rule next term on issues of free speech, religious freedom, association rights and more, as questions regarding social media and technological advances loom, says Samuel Mitchell at Michael Best.

  • A Look At Tribal Involvement In Juul Litigation

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    The vaping epidemic has had a disproportionate impact on Native American tribes, and the ensuing litigation against Juul Labs has many parallels with Big Tobacco suits from the 1990s, but this time around tribes have a seat at the bargaining table, say Geoffrey Strommer and Riley Plumer at Hobbs Straus.

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