Retail & E-Commerce

  • January 27, 2022

    Evenflo Escapes Deceptive Marketing Booster Seat MDL

    A Massachusetts federal judge on Thursday freed Evenflo Co. from a multidistrict deceptive marketing suit over its Big Kid booster seats, finding that the consumers had not put forth a plausible theory for how they were harmed economically by purchasing the seats.

  • January 27, 2022

    Walmart Seeks Toss Of Suit Over Crash That Killed Girl Scouts

    Walmart Inc. urged a California federal court to dismiss a lawsuit over the deaths of two Wisconsin Girl Scouts and one of their mothers who were run over by a pickup-truck driver high on Ultra Duster, accusing the victims' families of a "blatant act of forum shopping."

  • January 27, 2022

    FTC Says Social Media Is A 'Gold Mine' For Crypto Scammers

    Facebook, Instagram and other social media platforms are a "gold mine" for scammers, according to a new consumer protection data report from the U.S. Federal Trade Commission, which said last year saw a sharp spike in online fraud schemes, particularly bogus cryptocurrency ventures.

  • January 27, 2022

    Fla. Senate Lets Businesses Seek Damages Over Local Laws

    The Florida Senate pushed through approval of a controversial bill Thursday that would give businesses a cause of action to sue local governments for monetary damages if they can prove newly enacted ordinances have had enough of an adverse impact on their bottom lines.

  • January 27, 2022

    CPSC Approves New Crib Mattress Safety Rule

    The U.S. Consumer Product Safety Commission has announced it will impose new standards for infant mattresses used in cribs and play yards, responding to nearly 500 baby injuries over the past decade.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Ex-Defense Chief Esper Close To Deal On Book Redactions

    Former Defense Secretary Mark Esper has neared an agreement with the Biden administration on redacting portions of his upcoming memoir to deal with security concerns, lawyers told a D.C. federal judge Thursday.

  • January 27, 2022

    Attys Seek $150K Fee Award In Cannabis Cos.' TCPA Deal

    A class of Washington state residents who received unsolicited commercial text messages from two cannabis companies has moved to secure $150,000 in attorney fees after striking a deal to settle their Telephone Consumer Protection Act claims for $618,000 in store vouchers.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Judge Says Bid To Nix EEOC Suit 'Wasted Everyone's Time'

    A California federal judge forcefully rejected a now-defunct cellphone company's push Thursday to get a U.S. Equal Employment Opportunity Commission sexual harassment lawsuit thrown out, labeling the motion a "baseless" waste of time.

  • January 27, 2022

    Chicken Of The Sea Buyers Win OK Of $40M Price-Fix Deals

    A California federal judge has signed off on three deals totaling $39.5 million resolving buyers' claims that Chicken of the Sea International schemed with other seafood producers to jack up the price of canned tuna, bringing an end to years of antitrust litigation against the tuna giant.

  • January 27, 2022

    Apple, Gibson Dunn Beat COVID App Maker's Sanction Bid

    An app developer waited too long to request sanctions against Apple Inc. and its counsel Gibson Dunn & Crutcher LLP for their alleged conduct in a now-dismissed lawsuit accusing Apple of blocking competing coronavirus-tracking apps from its App Store, a California federal judge ruled Wednesday.

  • January 27, 2022

    Apple Can't Hide Behind Privacy In Epic Fight, 9th Circ. Told

    Nearly 40 law, business and economics academics urged the Ninth Circuit on Thursday to upend Apple's win over Epic Games' allegations that the technology giant's App Store policies are anti-competitive, arguing the judge wrongly accepted Apple's justifications that restrictions on third-party app distribution are necessary to protect users.

  • January 27, 2022

    Ann Taylor Parent Cuts Liability Releases Out Of Ch. 11 Plan

    Ascena Retail Group Inc. proposed an amended Chapter 11 plan Thursday in Virginia bankruptcy court that excises the nonconsensual third-party releases that led a local district court judge to vacate its plan confirmation order earlier this month.

  • January 27, 2022

    Judge Tosses LA Landlord's Virus Loss Suit Against Travelers

    A California federal judge tossed a commercial landlord's suit against Travelers Indemnity Co. on Thursday, saying its insurance policy did not provide coverage for more than $1.8 million in pandemic-related losses.

  • January 27, 2022

    Alsup Fears $50M Pinterest Workplace Deal May Be 'Cosmetic'

    U.S. District Judge William H. Alsup said Thursday he's inclined to greenlight Pinterest's $50 million deal resolving derivative shareholder litigation alleging discriminatory workplace conditions, but expressed several concerns, saying he's seen "cosmetic settlement after cosmetic settlement" and "this kind of looks like that scenario."

  • January 27, 2022

    Labaton Nabs Lead In Honest Co. Investor's Diaper IPO Suit

    Labaton Sucharow LLP will represent a proposed class of investors in the Honest Co. baby and beauty concern in a suit accusing the company of failing to properly explain that it might see a post-lockdown slump in diaper sales ahead of its May 2021 initial public offering.

  • January 27, 2022

    Waiver Blocks Pa. Man's LA Fitness Slip-And-Fall Suit

    A Pennsylvania appeals court on Thursday gave the owners of a Philadelphia LA Fitness a win in a slip-and-fall suit alleging the company was responsible for a fall in which a patron injured his elbow, saying the membership agreement he signed when he joined the gym blocks all his claims.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Deals Rumor Mill: Nvidia, Unilever, Kim Kardashian's Skims

    Nvidia will ditch its $40 billion purchase of U.K. semiconductor company Arm, activist billionaire Nelson Peltz has amassed a stake in European consumer goods giant Unilever, and Kim Kardashian's Skims brand has achieved a $3.2 billion valuation. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 27, 2022

    EU Clears Facebook's Kustomer Deal, But Rivals Get Access

    European Union antitrust officials announced Thursday that they will permit Facebook parent company Meta Platforms Inc. to buy customer service management provider Kustomer, assuaged by commitments to guarantee 10 years of access to rival providers.

  • January 26, 2022

    Intel Must Face Trimmed Microprocessor Security Flaw Suit

    An Oregon federal judge on Wednesday trimmed but refused to fully throw out a proposed class action accusing Intel Corp. of knowingly peddling defective microprocessors, ruling that consumers have adequately pled that Intel delayed disclosure of the purported defects after they were discovered in 2017.

  • January 26, 2022

    Garanimals Brand Is Famous Enough In 'Manimal' TM Fight

    Children's clothing company Garanimals scored a victory when an Oregon federal judge ordered the cancellation of a rival's trademark registration on "Manimal," finding the Garanimals brand to be famous due to "unsolicited media attention" from shows like "The Tonight Show Starring Jimmy Fallon."

  • January 26, 2022

    Nike GC Hilary Krane To Retire; CCO Tapped To Replace Her

    Nike Inc. announced Wednesday it will appoint Ann Miller, a Nike veteran with more than two decades of legal experience, to take over from longtime general counsel and chief administration officer Hilary Krane, who will retire in 2022.

Expert Analysis

  • Opinion

    Biden FRAND Policy Will Help Protect Competition

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    The Biden administration's recently issued draft policy statement on licensing negotiations and remedies for standard-essential patents subject to voluntary fair, reasonable and nondiscriminatory terms is a welcome departure from the previous U.S. Department of Justice's flawed approach to navigating the intersection of antitrust and intellectual property, says Timothy Muris at Sidley.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • Opinion

    FTC Rulemaking Risks Expansion Of Unfair-Method Bounds

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    The Federal Trade Commission's plan to issue rules defining unfair methods of competition under Section 5 of the FTC Act arguably exceeds the commission's power, and isn't justified, because the current case-by-case approach to promoting competition through adjudication is preferable, says Sean Gates at Charis Lex.

  • Online Subscriptions Face New Calif. Arbitration Standard

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    After a California state appeals court's recent ruling in Sellers v. JustAnswer against a website's so-called sign-in-wrap agreement that bound consumers to individual arbitration, companies offering recurring subscriptions to California consumers should reevaluate their enrollment processes, says Joseph Addiego at Davis Wright.

  • Germany's Google Controls Illustrate Global Antitrust Trend

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    Germany's recent move to rein in Google with extended restrictions on anti-competitive behavior provides an example of the new aggressive stance regulators around the world are adopting as tech giants grow their power in the digital economy, says Andrea Pomana at ADVANT Beiten.

  • What To Expect From Merger Guideline Modernization

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    The U.S. Department of Justice's and Federal Trade Commission's recent request for comment on amending the merger review guidelines provides perhaps the clearest indication yet of where guideline revisions might focus, including on structural presumptions, the role of market definition and the effect of transactions on labor, say attorneys at MoFo.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Import Best Practices Under New Uyghur Forced Labor Law

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    Rachel Alpert and Grace Signorelli-Cassady at Jenner & Block discuss key provisions of the recently enacted Uyghur Forced Labor Prevention Act, and offer compliance strategies that may position importers to demonstrate their supply chains are free from forced labor when the act's provisions presumptively barring many Chinese imports go into effect in June.

  • When Fair Notice Precludes Punitive Damages

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    The ongoing pandemic has done little to slow the continued proliferation of novel theories of tort liability, but even when courts approve, the U.S. Constitution's requirement of fair notice may prohibit punitive damages, says Mitchell Morris at Butler Snow.

  • Opinion

    Justices Correctly Used Shadow Docket In OSHA Vax Ruling

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    The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.

  • Evaluating Director Protections After Del. Bankruptcy Ruling

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    The Delaware Bankruptcy Court's recent decision in Friedman v. Wellspring Capital, outlining the conditions under which an alleged duty of loyalty breach can survive a motion to dismiss, may undermine corporate decision makers' ability to negotiate for what are customary and necessary protections as they manage distressed entity transactions, say attorneys at Ropes & Gray.

  • What High Court Rulings Mean For Employer Vax Mandates

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    While the U.S. Supreme Court’s recent opinions on COVID-19 vaccination mandates for private and health care employers offer important guidance on workplace applicability, lower courts’ resolution of the underlying lawsuits could still pose further changes, says Jordann Wilhelm at Radey Law Firm.

  • 5 Advertising Law Trends To Watch

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    For the world of advertising, 2022 will bring new compliance challenges and considerations shaped by legal developments in everything from nonfungible-token commerce in the metaverse to the ever-growing impact of social media on young users, say Jason Gordon and Deborah Bessner at Reed Smith.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

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