Retail & E-Commerce

  • June 28, 2022

    1st Circ. Affirms Whole Foods Win In Workers' BLM Mask Case

    The First Circuit on Tuesday said a Massachusetts federal court was correct to throw out Whole Foods workers' discrimination claims stemming from the disciplining of employees who wore Black Lives Matter face masks to work, holding there could plausibly be non-race-related reasons for the dress code enforcement.

  • June 28, 2022

    Texas AG Investigates Walmart's Opioid Sales Practices

    Texas Attorney General Ken Paxton on Tuesday said his office is investigating Walmart for potential violations of the state's Deceptive Trade Practices Act in the retail giant's sales of prescription opioids.

  • June 28, 2022

    High Court's CSA Decree Augurs Opioid Upheaval For DOJ

    The U.S. Supreme Court's demand for a rock-solid showing of intentional impropriety when federal opioid prosecutors target pills-for-profits schemes under the Controlled Substances Act will send the U.S. Department of Justice scrambling to salvage its less sensational suits, attorneys say.

  • June 28, 2022

    PDQ Execs Beat Worker Suit Over $12M Kwik Trip Sale Profits

    Four ex-executives of PDQ Food Stores Inc. on Tuesday escaped a proposed retirement benefits class action that an ex-employee brought alleging that the company's former leaders used its 2017 sale to Kwik Trip to pay themselves $12 million, but co-defendant GreatBanc must still face allegations that it allowed the purchases.

  • June 28, 2022

    Airport Workers, Food Provider Ink $1.3M Time Trimming Deal

    Food service workers at Chicago Midway International Airport asked an Illinois federal judge on Tuesday to give an initial green light to a $1.3 million deal brokered with an airport food provider to resolve their proposed class and collective action alleging that the company trimmed hours from workers' timecards.

  • June 28, 2022

    FTC Claims Walmart Facilitated $197M Money Transfer Fraud

    The Federal Trade Commission sued Walmart in Illinois federal court on Tuesday, claiming the retail giant allowed its money transfer services to be used by fraudsters who cheated customers out of hundreds of millions of dollars.

  • June 28, 2022

    Ex-Toys R Us Officers To Face Claims In Ch. 11 Suit

    A Virginia bankruptcy judge has allowed most of the claims lodged against former executives and officers of retailer Toys R Us to survive, saying in an opinion that there are material facts in dispute that need the benefit of a trial.

  • June 28, 2022

    Davis Polk Brings On Ex-Cooley Capital Markets Partner

    Corporate firm Davis Polk & Wardwell LLP said Monday it has hired former Cooley LLP partner and capital markets veteran Nicole Brookshire, bolstering its New York practice.

  • June 28, 2022

    Real Estate Rumors: Jepeway, CannonDesign, Lalezarian

    The estate of the late civil rights lawyer Louis Jepeway Jr. has reportedly sold a South Florida retail building for $18.5 million, CannonDesign is said to be leasing 17,000 square feet in New York and Lalezarian Properties has reportedly landed $150 million in financing for a South Florida apartment tower project.

  • June 28, 2022

    8th Circ. Rejects Hotel Operator's Virus Coverage Appeal

    The Eighth Circuit refused to revive a hotel and restaurant operator's COVID-19 business interruption insurance suit against Continental Casualty Co. on Tuesday, finding the company did not show any covered physical loss or damage.

  • June 28, 2022

    Atari Asks 9th Circ. To Revive IP Suit Against Redbubble

    Atari wants the Ninth Circuit to let it have a new trial after it was dealt a loss in its suit alleging Redbubble sold merchandise with images stolen from its signature video games, saying the jury was given incorrect instructions.

  • June 28, 2022

    SEC Wins Default Judgment In Ex-Herbalife Exec's Absence

    A New York district court judge ordered a former executive at the Chinese subsidiary of California-based health supplement company Herbalife Ltd. to pay $550,092 in civil penalties after he was charged with plotting to bribe Chinese officials.

  • June 28, 2022

    Calif. Court Tosses LG Exploding Battery Suit

    A San Diego man who suffered burns after a battery he used for vaping exploded in his pocket can't sue the manufacturer, a subsidiary of LG Corp., a California state appeals court ruled, saying the maker tried to prevent him from buying it.

  • June 28, 2022

    Former Ann Taylor Execs Beat Claims Of Duping Investors

    Former executives with the onetime owner of the Ann Taylor retail clothing brand defeated class claims alleging that they overstated the company's value before unveiling a roughly $1.3 billion impairment, with a New Jersey federal judge on Tuesday concluding that their "rosy" estimates did not amount to duping investors.

  • June 28, 2022

    Investor Sues Auto Insurer Over Customer Recruitment Costs

    Directors and executives of auto insurance startup Root Inc. have been hit with a derivative investor suit in Delaware federal court alleging they misled shareholders about how much money the company spends acquiring new customers and caused the company's stock price to plummet.

  • June 28, 2022

    Warby Parker Escapes 1-800 Contacts' Search Engine TM Row

    A New York federal judge has cleared eyewear provider Warby Parker of claims it infringed 1-800 Contacts' trademarks with allegedly targeted search engine advertisements, ruling that reasonably sophisticated consumers can tell the difference between the rivals' distinct marks.

  • June 28, 2022

    Gordon Rees Hires Ex-Fox Rothschild Litigator In Philly, NJ

    A commercial litigation attorney specializing in consumer class action defense has moved her practice to Gordon & Rees LLP's offices in Philadelphia and New Jersey after spending nearly 13 years with Fox Rothschild LLP.

  • June 28, 2022

    CBD Cos. Hit With TM Suit Over 'Full Send' Mark

    Cannabis seller FullSend has accused two rivals of stepping on its toes with a logo modeled too closely after its own and has asked a New York federal court to step in.

  • June 27, 2022

    Groupon To Pay $13.5M To End Investors' Hidden Losses Suit

    Groupon Inc. has agreed to pay $13.5 million to end a proposed securities class action that alleges it misled investors about its financial health before ending its sale of physical goods and announcing the departure of two top executives, the investor said in Illinois federal court on Monday.

  • June 27, 2022

    Cointreau Settles TM Suit Against Cannabis Co. Canopy

    Liqueur manufacturer Cointreau Corp. has settled its trademark dispute with Cannabis giant Canopy over a CBD-infused sparkling water drink called "Quatreau," according to a notice filed in New York federal court Monday.

  • June 27, 2022

    2nd Circ. Precedent Dooms Boutique's Virus Coverage Suit

    The owner of high-end clothing boutiques lost its COVID-19 coverage lawsuit with a Chubb unit when a New York federal judge ruled that the Second Circuit's precedent doomed the case because there wasn't any physical loss or damage to property.

  • June 27, 2022

    3rd Circ. Urged To Allow Ammo Maker's Tort Claims

    Ammunitions broker Battle Born Munitions Inc. asked the Third Circuit to overturn a lower court's finding that it can't bring tort claims against its vendor Dick's Sporting Goods Inc., saying that Dick's knew it would not accept delivery of store-branded bullets when it said it would.

  • June 27, 2022

    Skechers Says HDI Tripped Over Trade Dress Claims Defense

    Skechers told a California federal court that HDI Global Insurance Co. prematurely terminated its defense in an underlying trade dress and slogan dispute over its Commute Time shoes and failed to reimburse the shoe giant for over $3 million in defense costs.

  • June 27, 2022

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court drew a step closer last week to filling an empty seat on the bench, a debt maven fought for control of a cosmetics company, and new cases came in involving cryptocurrency, building products, business software, and of course, private equity. Here's your weekly roundup of news from Delaware's Chancery Court.

  • June 27, 2022

    Apple Rival Blasted For 'Defective And Unnecessary' Brief

    A California federal judge took a would-be Apple App Store competitor to task for a "procedurally defective" bid to tweak a ruling that tossed chunks of its monopolization lawsuit over Apple policies locking rivals out of the iPhone.

Expert Analysis

  • Storm Clouds Loom Ahead For Real Estate Investors

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    With a wave of negative economic indicators mounting on the horizon, real estate investors facing financial distress should proactively take steps to mitigate the risk of bankruptcy, says William Lobel at Distressed Capital Resources.

  • What 'The' OSU Trademark Win Means For Businesses

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    Ohio State University's successful argument to the U.S. Patent and Trademark Office that the word "The" is essential to its brand gives OSU the opportunity to assert its mark, and college administrators and small T-shirt business owners seeking to establish a brand or business name would do well to utilize a number of tools available to help avoid conflicts, says David Newman at Mahamedi IP.

  • Advising A Cannabis Business Amid Patchwork Of Regs

    Excerpt from Practical Guidance
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    As the cannabis industry continues to grow, so does its widely varied patchwork of local, state and federal regulation, and practitioners should familiarize themselves with the specific rules on tax, real estate, intellectual property and banking applicable in the jurisdictions where their clients operate, say Patrick Hines and Fallon Martin at Hodgson Russ.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • When A Nonmanufacturer Is The 'Apparent Manufacturer'

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    A recent Washington state case addressed consumer expectations with respect to a manufacturer's advertisements, which is a reminder that retailers can be held liable for products they don't manufacture based on labeling and advertising under the apparent manufacturer doctrine, say Christopher Carton and Jasmine Owens at Bowman and Brooke.

  • Sears Bankruptcy Case Shows Modification Disclosure Is Key

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    The recent New York federal court decision in Transform Holdco v. Sears Holdings highlights the importance of seeking approval of any material modifications to a purchase agreement in a bankruptcy, as historical setting can be a factor if any dispute arises later between a debtor and a buyer, say Frank Grese and Reginald Sainvil at Baker McKenzie.

  • The Unique Nature Of COVID-Era Patent Procurement Trends

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    Data shows the COVID-19 pandemic is affecting patent procurement differently than past financial crises, with newly filed applications slowing in number while pending applications are maintained and not abandoned, say Michael Sartori and Sarah Hassan at Baker Botts.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 1st Amendment May Help Cannabis Cos. Beat TM Claims

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    Frederic Rocafort at Harris Bricken explains how the First Amendment’s free speech protections may present a legal recourse for cannabis brands facing trademark infringement claims — if they can show that their parodic marks have artistic relevance and do not intentionally mislead consumers.

  • Force Majeure Claims Amid New Supply Chain Disruptions

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    Port tie-ups, labor shortages and other recent supply disruptions will likely prove even more difficult to assert than force majeure claims from earlier phases of COVID-19, and the better bet may be to make claims based on the pandemic, says Neil Schur at Anderson Kill.

  • Opinion

    Hold Alabama And North Carolina Accountable On Ch. 11 Fees

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    As highlighted in the U.S. Supreme Court’s recent Siegel v. Fitzgerald case, Chapter 11 debtors in Alabama and North Carolina are paying lower quarterly fees than those in the other 48 states, an unconstitutional reality creating harms and costs that must be addressed by the Fourth Circuit, says Donald Swanson at Koley Jessen.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • Parsing Chancery's Novel Director Liability Ruling In Garfield

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    The Delaware Chancery Court's cautious acceptance of a novel director liability theory in Allen v. Garfield, that a board's failure to act on a problem identified in a litigation demand letter may constitute a breach of fiduciary duty, shows that a kitchen sink approach to defending against fiduciary claims may not be optimal, say attorneys at Fried Frank.

  • Labor Law Lessons In Amazon's NY COVID Suit Win

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    A New York state court’s recent decision in James v. Amazon, dismissing allegations the company illegally retaliated against workers who raised concerns about COVID-19 safety policies, offers important reminders about federal labor law preemption and scope, says Hannah Redmond at Bond Schoeneck.

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