Retail & E-Commerce

  • September 22, 2020

    Walmart Must Answer Waste Inquiry, Calif. Appeals Court Says

    A California appeals panel on Monday affirmed a lower court's order that Walmart must comply with interrogatories seeking information about its hazardous waste disposal, saying the inquiry falls within the "broad boundaries of the people's investigative power" despite the lifting of an injunction against the retail giant. 

  • September 22, 2020

    House OKs Bill Barring Chinese Imports Over Forced Labor

    The U.S. House of Representatives passed legislation Tuesday that would block more imports from China's Xinjiang region, in the government's latest effort to punish China for its purported forced labor and mistreatment of Muslims.

  • September 22, 2020

    Chubb Must Defend Rite Aid In Opioid Suits, Del. Court Says

    The Delaware Superior Court ruled Tuesday that Chubb must defend Rite Aid Corp. in hundreds of suits alleging it improperly distributed opioids, finding that alleged economic losses in the underlying litigation were caused by "bodily injury" covered by Chubb's policy.

  • September 22, 2020

    Lowe's Shuts Down Overtime Suit Over Tax Reform Bonuses

    A North Carolina federal judge threw out a proposed class and collective action Tuesday that accused Lowe's of shorting workers on overtime by failing to factor bonuses dedicated to 2017 changes to tax law into their pay calculations, ruling that the payments were a "gift."

  • September 22, 2020

    Disney Sued For Barring Maskless Autistic Boy From Store

    The Walt Disney Co. violated the Americans with Disabilities Act when it barred a 7-year-old autistic boy from one of its stores amid the COVID-19 pandemic because he wasn't wearing a mask, according to a lawsuit filed Tuesday in Pennsylvania federal court.

  • September 22, 2020

    JC Penney Shareholders Say Equity Is Worth Up To $3.2B

    Advisers representing a group of J.C. Penney shareholders told a Texas judge Tuesday that the bankrupt retailer is worth much more than it has argued, estimating that as much as $3.2 billion of value is available for equity holders. 

  • September 22, 2020

    More Than 3,300 Importers Energized To Erase China Tariffs

    A push to undo the bulk of President Donald Trump's tariffs on Chinese goods has swelled to include more than 3,300 lawsuits in the U.S. Court of International Trade as importers pin their hopes on a mostly procedural challenge to invalidate a central pillar of Trump's trade policy.

  • September 22, 2020

    Judge Won't Reinstate Pa. Virus Restrictions During Appeal

    A Pennsylvania federal court on Tuesday denied Gov. Tom Wolf's request that it stay its ruling lifting the state's limits on gatherings during the COVID-19 pandemic, finding that the state did not show it would suffer "irreparable harm" if the limits were struck down pending an appeal.

  • September 22, 2020

    Zurich Wants America's Kids' COVID-19 Coverage Suit Tossed

    Zurich American Insurance Co. is asking an Illinois federal court to throw out claims by clothing retailer America's Kids LLC that the insurer wrongfully denied coverage of losses stemming from the COVID-19 pandemic, saying the retailer can't claim the virus has caused "physical loss or damage."

  • September 22, 2020

    Powell Skeptical Expanding 'Main Street' Would Help Small Biz

    Federal Reserve Chairman Jerome Powell told House lawmakers on Tuesday that to help small businesses weather the coronavirus pandemic, expanding the central bank's Main Street Lending Program may be less effective than reauthorizing the Paycheck Protection Program.

  • September 22, 2020

    Ill. Pot Licensing Redo Falls Short For Some Suing Applicants

    Illinois officials' announcement that it would re-score applications for 75 marijuana dispensary licenses coincided with a settlement in a lawsuit filed by a large group of would-be operators on Tuesday, but it doesn't resolve all the complaints hoping to stop the licenses from being awarded.

  • September 22, 2020

    Massive Home Depot 401(k) Class Action Gets Green Light

    The Home Depot Inc. must face a $140 million class action brought in Georgia federal court on behalf of hundreds of thousands of current and former employees who claim the company enlisted 401(k) adviser firms that charged exorbitant fees and botched their investments.

  • September 22, 2020

    Pot Residency Fight Paused As Maine City Mulls Changes

    The city of Portland, Maine, and a cannabis company tied to Acreage Holdings have asked a federal court to pause litigation over the city's alleged favoritism to locals in pot licensing, saying lawmakers are mulling changes that could end the fight.

  • September 22, 2020

    2020 Will Be A Record Year For Blockchain IP, Study Finds

    The number of patent applications involving blockchain filed in the first half of 2020 almost equals the total from all of 2019, with IBM and Chinese e-commerce giant Alibaba obtaining the most patents in this area, according to a new report from KISSPatent.

  • September 22, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As the stalemate over a new COVID-19 pandemic relief bill continues in the federal government, state lawmakers and leaders made progress over the past week with new measures to battle the health and financial fallout of the coronavirus.

  • September 22, 2020

    Claims Trimmed Again In Walmart False Ad Suit

    An Alabama magistrate judge has for a second time cut down some of the claims in a proposed class action alleging that Walmart Inc. falsely markets its pediatric shakes as promoting child growth, throwing out claims regarding the shakes' nutritional value.

  • September 22, 2020

    Vt. Legislators Approve Recreational Cannabis Sales, Tax

    Vermont would legalize recreational cannabis sales to adults and impose excise and sales taxes while offering a tax carveout for medical cannabis sales under legislation passed Tuesday morning by the state Senate.

  • September 22, 2020

    AGs In A Pandemic: Nessel Talks Michigan Drop Shippers

    Michigan Attorney General Dana Nessel discusses her office's efforts to curb deceptive business practices by drop shippers — middlemen who entice purchasers using false or misleading information — and to educate consumers about the pitfalls of online shopping during the pandemic.

  • September 22, 2020

    Judge Says Brewer Can't Fix Case Against Anheuser, Molson

    A Wisconsin federal judge has denied a Wisconsin brewery's bid to have another go at its antitrust suit accusing Anheuser-Busch InBev and Molson Coors of restricting American beer exports to Ontario, Canada, ruling that the brewery was given enough chances to plead its case.

  • September 22, 2020

    Bridgestone Fudged Timesheets To Dodge OT, Workers Say

    Bridgestone Americas denied its tire store workers proper wages and overtime by not factoring bonuses into overtime rates and altering timesheets to replace hours they spent on the job with lunch breaks they never took, a proposed class action filed in Pennsylvania federal court claims.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    Juul, Altria Seek To Snuff Out RICO Claims From Vaping MDL

    Juul Labs and Altria Group urged a California federal judge during a hearing Monday to vaporize Racketeer Influenced and Corrupt Organizations Act and public nuisance claims in federal multidistrict litigation over the youth vaping epidemic, arguing consumers and school districts insufficiently pled the companies collaborated to defraud the public.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Va. Cos. Must Know The Limits Of COVID-19 Liability Waivers

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    Virginia businesses that require customers to sign liability waivers covering COVID-19-related injuries can still be held liable for negligence — but the right contractual language can help companies argue that the injured party assumed the risk of injury from the virus, say Ian Hoffman and Amy Johnson at Arnold & Porter.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Class Arbitration May Meet Its Demise At High Court This Term

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    While the Second Circuit’s 2019 opinion in Jock v. Sterling Jewelers and the Ninth Circuit’s recent decision in Shivkov v. Artex exemplify how two interrelated inquiries have rescued class arbitration, the U.S. Supreme Court will likely address the issues this term and extinguish the practice, say attorneys at McGuireWoods.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Chancery Ruling Offers Takeaways On Conflicts In M&A Sales

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    The Delaware Court of Chancery's recent decision in Rudd v. Brown — a challenge to Outerwall's $1.6 billion sale to Apollo — provides valuable insight in the context of conflicts of interest and director and officer fiduciary duties during M&A sales processes completed amid threats of activist-driven proxy contests, says Sawyer Duncan at King & Spalding.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Fashion Industry Adaptations Amid Trade War, Pandemic

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    The trade war with China and the global pandemic have created a Darwinian moment for the fashion industry, in which brands that diversify their supply chains, carefully monitor classification of their imported goods, and update their contracts are most likely to survive, say Danielle Garno and Heather Marx at Cozen O’Connor.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • Opinion

    State AG Enforcement Is Important For Workers' Rights

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    A recent increase in state attorney general labor and employment enforcement — including a challenge that prompted a New York federal judge to strike down the U.S. Department of Labor’s joint employer rule last week — sends an important message that worker protections are not easily revoked, says Catherine Ruckelshaus at the National Employment Law Project.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Food Label Ruling Shows How To Make Preemption Stick

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    A California federal court’s recent ruling in Allen v. Conagra Foods, that food mislabeling claims were preempted under U.S. Food and Drug Administration regulation, illustrates how defendants can defeat attempted circumvention of federal preemption, say Jane Metcalf and Brandon Trice at Patterson Belknap.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • Series

    AGs In A Pandemic: James Talks NY Response

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    New York Attorney General Letitia James highlights her office's efforts to ease financial burdens for New York residents and businesses struggling during the pandemic by fighting fraud, policing employers, assisting with debt relief and more.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

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