Retail & E-Commerce

  • October 15, 2021

    Jay-Z Spied On Witness To Force In-Person Testimony At Trial

    Jay-Z's attorney hired a private investigator to surveil the former president of the perfume company suing the hip-hop mogul, according to new court documents filed Friday night that argue the executive's doctor's notes submitted to help him avoid testifying in person don't pass the smell test. 

  • October 15, 2021

    HP Must Face Most Claims In Suit Over Ink Cartridges

    A California federal judge ruled Friday that HP Inc. cannot ditch the bulk of a proposed class action alleging a ploy to force customers to buy HP ink and toner by sending firmware updates so its printers could only use HP cartridges.

  • October 15, 2021

    Teligent's Distributors Balk At Customer Risks In Ch. 11

    An unexpected lawsuit that emerged earlier this year from Insys Therapeutics Inc.'s bankruptcy case in Delaware raised concerns on Friday among Teligent Inc.'s largest pharmaceutical distributors that the bankrupt generic-drug manufacturer could put their customer programs at risk.

  • October 15, 2021

    Skin Care Co. Ordered To Pay $2.3M For Copied Packaging

    A Florida federal judge has ordered a skin care company to pay a rival $2.3 million after a jury found the business ripped off copyrighted text and design elements for its anti-aging cream packaging.

  • October 15, 2021

    7th Circ. Affirms Remand Of BIPA Suit Against Illinois Grocer

    A Seventh Circuit panel said Friday that a federal judge was right to remand a biometric privacy lawsuit against an Illinois grocery chain to state court, citing a home-state exception in the Class Action Fairness Act and saying the chain waited too long to remove the case.

  • October 15, 2021

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

    This past week in London has seen another Italian region in a lawsuit over derivatives contracts, the U.K.'s high-speed railway project facing a fresh legal challenge, and a British chain of discount retail stores suing Shoosmiths. Here, Law360 looks at those and other new claims in the U.K.

  • October 15, 2021

    Raymour & Flanigan Loses Bid For COVID-19 Coverage

    The furniture retail chain Raymour & Flanigan lost its bid for COVID-19 coverage after a New York state judge dismissed its suit against a group of insurers, finding that government orders, not the virus, caused the chain's losses.

  • October 15, 2021

    Alston Real Estate Leader Sees More Fundraising Competition

    While Blackstone has dominated the real estate fundraising space for years, a new wave of entrants seeking returns in commercial real estate is likely to chip into some of its market share, one of Alston & Bird LLP's real estate leaders told Law360 in a recent interview.

  • October 14, 2021

    Cookware Firm Says Warranties Should Block Defect Suits

    A Pennsylvania-based cookware company pointed repeatedly to its "lifetime warranty" Thursday as reason to dismiss several cases from federal multidistrict litigation over allegedly defective pots and pans.

  • October 14, 2021

    Biden's 24/7 Plan To Unsnarl Supply Chain Not A Panacea

    The collective pledge by ports, railways and many private companies in the United States to operate 24/7 may remedy supply chain bottlenecks through the holidays, but experts warn that the agreement between the White House, labor unions and business isn't a panacea for worker shortages and logistical hurdles.

  • October 14, 2021

    IP Forecast: Amazon To Fight 'Jewish Stereotype' Claims

    U.S. District Judge Alan Albright next week will hear an Israeli kitchen technology startup's allegations that lawyers for Amazon played on Jewish stereotypes to bias a Texas jury into finding that the retail giant didn't infringe patents on voice-ordering technology. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • October 14, 2021

    9th Circ. Won't Revive Ex-HP Worker's No-Poach Claims

    The Ninth Circuit on Thursday refused to revive a laid-off HP Inc. worker's proposed class action alleging HP cut a "no-poach" deal with a 3D-printing rival that diminished employees' wages, a week after the panel questioned during oral arguments whether the plaintiff plausibly alleged such an agreement existed.

  • October 14, 2021

    Rosen Law To Lead Didi Investor Suit Over China Crackdown

    The Rosen Law Firm PA beat out nine other firms in a bid to represent a putative class of investors in the Chinese ride-hailing giant Didi Global Inc. who sued the company after a crackdown by its home nation's government over alleged data security violations that led its stock to slip below its initial public offering price.

  • October 14, 2021

    3 Firms Guide Canopy Growth's $300M Deal For Wana Brands

    Canadian cannabis giant Canopy Growth Corp. and the owners of cannabis gummy maker Wana said Thursday they have struck an almost $300 million deal guided by three law firms that would allow Canopy Growth to acquire all of Wana's outstanding membership interests upon federal legalization of THC in the U.S.

  • October 14, 2021

    Judge Wary Aaron's Fraud Suit Simply Mirrors FTC Action

    A Georgia federal judge on Thursday expressed concern that letting shareholders maintain a fraud suit against rent-to-own retailer Aaron's Inc. would open the door for every government investigation into a company to become litigation.

  • October 14, 2021

    Amazon Analyst Says USCIS Delays Cost His Job

    An Indian man who entered the country on a visa status available to spouses of H-1B workers asked a D.C. court to order the federal government to renew his work authorization, saying U.S. Citizenship and Immigration Services delays caused him to lose his job with Amazon.

  • October 14, 2021

    Lantern Appoints GC Amid Spinoff From Drizly Group

    Lantern, an on-demand cannabis e-commerce marketplace that operates a home-delivery platform, announced changes to its leadership team on Wednesday, including promoting a former Greenberg Traurig LLP lawyer to be the company's general counsel.

  • October 14, 2021

    Fed. Judge Tosses E-Biz Group's Calif. Sales Tax Challenge

    A federal judge dismissed an e-commerce trade group's attempt to block California from pursuing back sales taxes from sellers with inventory housed at in-state Amazon fulfillment centers, finding a federal law requires the claims to be filed in state courts.

  • October 14, 2021

    Pharma Co. Teligent Opens Ch. 11 In Del. With $130M Debt

    Generic pharmaceutical company Teligent Inc. sought Chapter 11 protection in Delaware on Thursday with nearly $130 million in debt and plans for a sale, saying it has been dealing with "regulatory headwinds" and the impact of the COVID-19 pandemic.

  • October 14, 2021

    3 Firms Drive Walgreens' $5.2B Deal For Control Of VillageMD

    Walgreens Boots Alliance will pay $5.2 billion to acquire a majority stake in Chicago-based primary care provider VillageMD, the companies said Thursday, in a transaction stitched together by Sidley, Weil and Latham.

  • October 14, 2021

    Goodwin, Paul Weiss Help Dutchie Hit $3.75B Value In Funding

    Cannabis e-commerce company Dutchie, guided by Goodwin Procter, said Thursday that it has raised $350 million at a $3.75 billion valuation in a funding led by Paul Weiss-advised D1 Capital Partners, with plans to use the money for research and development, domestic and international expansion, and to make new hires.

  • October 13, 2021

    Jessica Simpson Can Bid For Control Of Her Fashion Line

    A Delaware federal bankruptcy judge has given pop star Jessica Simpson the green light to put in a bid in the hopes of controlling the clothing line that bears her name from bankrupt Sequential Brands Group Inc., according to an order issued Wednesday.

  • October 13, 2021

    Aon Beats Massive Lowe's Workers ERISA Suit At Bench Trial

    A North Carolina federal judge issued a bench trial decision Wednesday ending claims by a certified class of about 250,000 current and former Lowe's employees that Aon Hewitt mismanaged their 401(k) by directing funds to its own financial products, finding the consultant didn't breach its fiduciary duty or violate ERISA.

  • October 13, 2021

    Calif. Jury Hits NJ Waterworks Co. With $8M FCA Verdict

    A California federal jury has hit a New Jersey-based waterworks and fire protection company with an $8 million verdict in a whistleblower's False Claims Act suit alleging the company evaded a triple-digit tariff on Chinese-made pipe fittings.

  • October 13, 2021

    Louisiana Can't Wade Into FTC's Settled Provigil Case

    A Pennsylvania federal court on Wednesday rejected a bid from the state of Louisiana to intervene in a case over the alleged delay of generic versions of narcolepsy drug Provigil that the Federal Trade Commission settled with Teva through a $1.2 billion deal in 2015.

Expert Analysis

  • Compliance Tips For Marketing Health Benefits In Alcohol

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    When it comes to marketing alcohol products around health benefits, such as vitamin-fortified hard seltzer, accurately understanding product classification, along with regulators' stance on individual beverage claims, will make it easier to avoid regulatory risk, say attorneys at DLA Piper.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Opinion

    No Signs Of Turning, Tide Of Insurer COVID Wins Persists

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    The trend of COVID-19 business interruption decisions favoring insurers continues to hold strong — any commentary to the contrary is striking a narrative that is not borne out by reality, say attorneys at Dentons.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • Opinion

    Bankruptcy Venue Reform Bill Needs Amending

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    The Bankruptcy Venue Reform Act, currently pending in Congress, goes too far in limiting Chapter 11 filings to jurisdictions where a debtor's principal assets or headquarters are located; we propose a more targeted solution that considers the current reality of complex corporate structures, say Kenneth Rosen and Philip Gross at Lowenstein Sandler.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • 2 Cases Will Help Shape Opioid Litigation Insurance Coverage

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    Upcoming decisions from the Ohio and Delaware high courts in Acuity v. Masters Pharmaceutical and Rite Aid Corp. v. ACE American Insurance, respectively, on whether insurers must defend policyholders in prescription opioid litigation filed by government entities are sure to provide precedent for resolution of these coverage issues nationwide, say Courtney Horrigan and Kateri Persinger at Reed Smith.

  • How To Navigate California's New Intrastate CBD Route

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    Businesses and consumers should prepare for rigorous compliance checks on manufacture, distribution and retail sale of consumer products made with CBD and other hemp-derived cannabinoids. following California's new law opening the potentially enormous market for these items, says Christian Foote at Clark Hill.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Opinion

    Time To Restore Arbitration's Promise Of Efficiency For All

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    As companies like Amazon.com turn away from mandatory arbitration clauses, it may seem that the popularity of this litigation alternative is waning, but there are effective ways for parties to fine-tune their arbitration agreements to ensure the process remains quick and inexpensive, says Janice Sperow at Sperow ADR.

  • Takeaways From The Latest Proposed Competition Legislation

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    Maggie Crosswy and William MacLeod at Kelley Drye examine over 30 bills before the House and Senate that would alter the U.S. competition and consumer protection landscape, explaining what they propose, where they stand and why they matter.

  • Protecting Attorney-Client Privilege In Human Rights Audits

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    As investors and customers increasingly demand corporate plans to address human rights concerns, multinational companies conducting audits and other due diligence should consider four practical steps to maximize the protections of attorney-client privilege while still fostering effective engagement with stakeholders, say Katherine Pappas and Virginia Newman at Miller & Chevalier.

  • Will Kanter Transform Cartel Enforcement?

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    The Biden administration is expected to take an assertive posture on cartel enforcement, but its agenda will hinge on Jonathan Kanter, its nominee to lead the U.S. Department of Justice's Antitrust Division, who is viewed as a transformational figure in antitrust policy as he heads to his Oct. 6 Senate confirmation hearing, say Richard Leveridge and Adam Farra at Gilbert.

  • Opinion

    Cannabis Fraud Decision Shows Need For Sentencing Reform

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    A New York federal court's recent decision in U.S. v. Akhavan, holding a $17 million forfeiture request for cannabis bank fraud unconstitutionally excessive, reveals the need to reform sentencing laws that overemphasize crimes' financial elements even when tenuously related to defendants' intent, say Lloyd Liu and Hilary LoCicero at Bennett LoCicero.

  • Ohio Tax Talk: Lessons From Apple Commercial Activity Audit

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    The Ohio Tax Commissioner’s recent audit of Apple, which led to allegations that the company underpaid its commercial activity tax, serves as a reminder for other Ohio taxpayers to educate themselves on the tax's exemptions and the supporting documentation they require, says Edward Rivin at Frost Brown.

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