Retail & E-Commerce

  • May 13, 2021

    Trader Joe's Worker's Posts Were Fireable, NLRB Atty Says

    Trader Joe's did not violate federal labor law by firing a worker over social media posts criticizing customers for not shopping quickly enough during the COVID-19 pandemic, a National Labor Relations Board attorney said in one of four new advice memos released Thursday.

  • May 13, 2021

    Howard Hughes Corp. Lands $83M Loan For Maryland Project

    Texas-based real estate firm The Howard Hughes Corp. has landed $82.57 million in financing for a Columbia, Maryland, mixed-use project, according to an announcement on Thursday from borrower-side broker Jones Lang LaSalle.

  • May 13, 2021

    Retail Giants Say Fake Evidence Nixes Damages In TM Case

    Two British retail giants that sold ready-made meals provided by a company that infringed the trademark of a bodybuilder's healthy food business have accused him of falsifying evidence to back his claims.

  • May 12, 2021

    Mass. Towns Saddle Pot Shops With Excess Fees, Study Says

    A study of Massachusetts' mandatory "host community agreements" between towns and local marijuana businesses showed that some towns are charging businesses more than allowed under state law and are not transparent about what they're doing with fees collected to offset the businesses' impact.

  • May 12, 2021

    Epic Antitrust Judge Doubts Apple Expert's Amex Comparison

    A California federal judge presiding over Epic's high-stakes antitrust trial appeared skeptical Wednesday of a professor's testimony that Apple's anti-steering provisions are akin to restrictions upheld by the high court in Ohio v. American Express, noting that brick-and-mortar stores advertise various payment methods, while the virtual App Store does not.

  • May 12, 2021

    Amazon 'Annihilated' Evidence In Patent Suit, Tech Cos. Say

    Amazon has admitted it systematically "annihilated" all evidence over the first six years of a Texas federal court suit accusing the online retail giant of infringing networking patents, the tech companies suing it claimed Wednesday in a bid for sanctions.

  • May 12, 2021

    Ralph Lauren Loses Virus Coverage Fight With Factory Mutual

    Ralph Lauren Corp. isn't entitled to coverage for pandemic-related losses under its $700 million property insurance policy with Factory Mutual Insurance Co., a New Jersey federal judge ruled Wednesday, finding that the fashion giant hadn't specifically alleged physical loss or damage to its properties.

  • May 12, 2021

    EU Will Review Facebook's Kustomer Deal After Requests

    European enforcers said Wednesday they will review Facebook's planned purchase of customer relationship management service provider Kustomer after receiving requests from nearly a dozen national authorities to probe the deal.

  • May 12, 2021

    Wawa Gets Employee Pay Claims Trimmed In Data Breach Suit

    Convenience store chain Wawa Inc. can't duck employees' claims that their payment and personal information were stolen in a data breach, but claims the company also shorted them on overtime and made them work off-the-clock were tossed by a Pennsylvania federal judge Wednesday.

  • May 12, 2021

    Big Tech Critic Lina Khan Clears Senate Panel For FTC Seat

    A U.S. Senate panel on Wednesday approved the nomination of progressive academic and Big Tech adversary Lina Khan to the Federal Trade Commission, bringing the agency one step closer to a Democratic majority.

  • May 12, 2021

    Citi Denied $500M Freeze Extension In Revlon Transfer Fight

    A New York federal judge ruled Wednesday that a group of Revlon lenders that were accidentally wired more than $500 million by Citibank NA last summer should be able to have access to that money while the bank takes its clawback effort to the Second Circuit, though he won't be unfreezing the funds just yet.

  • May 12, 2021

    Key Maker Seeks Retrial After KeyMe IP Win

    A key duplication technology patent holder has asked a Texas federal court for a new trial over claims a rival infringed six of its patents, arguing a jury was incorrectly instructed on the meaning of certain claim terms.

  • May 12, 2021

    Apple, Chicago Trade Jabs Over Streaming Tax Case Ripeness

    A Chicago attorney said Wednesday that Apple's challenge to the city's streaming tax isn't ripe because Chicago hasn't affirmatively stated the tax applies to some of Apple's services, while the company's counsel said the ordinance imposes the tax on them.

  • May 12, 2021

    Bumble Bee Drops From Tuna MDL, But Attys Can't Buzz Off

    A massive price-fixing litigation against bankrupt tuna giant Bumble Bee has been stayed in California federal court, but the presiding judge said its lawyers can't quit the case because doing so subjects the company to default.

  • May 12, 2021

    Cross-Border E-Commerce Firm Leads 3 IPOs Totaling $568M

    Cross-border e-commerce firm Global-e Online Ltd. led a trio of initial public offerings that debuted Wednesday after raising a combined $568 million under the guidance of seven law firms.

  • May 12, 2021

    Real Estate Rumors: Homestead, Buccini/Pollin, Monarch

    Homestead, Florida, may more than double the allowable density at a residential site, The Buccini/Pollin Group has reportedly landed $50.7 million in HUD financing for a Delaware mixed-use property, and Monarch Alternative Capital is said to have paid $300 million for a 90% stake in a Miami office tower.

  • May 12, 2021

    Rosen Law Will Lead Walmart Investor Suit In Delaware

    The Rosen Law Firm PA has been appointed to lead a consolidated securities suit in Delaware federal court claiming Walmart misled investors about its part in the opioid epidemic, with Farnan LLP to serve as liaison counsel in the proposed class action.

  • May 12, 2021

    Texas Panel Upholds Walgreens' Early Win In Injury Suit

    A split Texas appellate panel has affirmed Walgreen Co.'s defeat of a personal injury suit brought by a customer who slipped and fell in the drugstore, rejecting arguments that deleted video evidence should have precluded an early end to the suit.

  • May 12, 2021

    Judge Tosses False Ad Suit Over Topco's Infant Pain Reliever

    An Illinois federal judge on Tuesday dismissed a suit alleging retailer Topco Associates LLC misled consumers by charging substantially higher prices for its infants' pain reliever than the children's version when they contain equal acetaminophen, saying it's preempted by the Food, Drug, and Cosmetic Act.

  • May 12, 2021

    Mass. Grocers Hit With Almost $1M In Citations Over Wages

    Three locations of a grocery store chain and their owners are facing citations totaling almost $1 million in restitution and penalties for wage theft and other violations impacting more than 150 employees, the Massachusetts attorney general said in a statement.

  • May 11, 2021

    Walmart Wants 5th Circ. To Revive Opioid Suit Against Feds

    Walmart Inc. has asked the Fifth Circuit to resurrect its lawsuit against the U.S. Department of Justice in which the retail giant sought a declaration that its prescription opioid sales are lawful, arguing that pre-enforcement review is a standard route for entities looking to clarify the scope of the law without waiting to be sued.

  • May 11, 2021

    6th Circ. Affirms Toss Of Burger King Credit Card Receipt Suit

    While a Burger King operator did technically violate the Fair and Accurate Credit Transactions Act by including 10 credit card digits on a customer's receipt, the customer did not properly allege that she was harmed, the Sixth Circuit ruled Tuesday, upholding a lower court's dismissal of her putative class action.

  • May 11, 2021

    Apple Wanted App Users 'Hooked,' Exec's 2013 Email Reveals

    A top Apple executive told company CEO Tim Cook in 2013 that getting customers to use Apple virtual stores like iTunes is "one of the best things we can do to get people hooked to the ecosystem," according to an email revealed Tuesday during Epic Games Inc.'s high-stakes antitrust bench trial.

  • May 11, 2021

    8th Circ. Revives Sleep Number Mattress TM Suit

    The Eighth Circuit on Tuesday revived Sleep Number's trademark lawsuit against a competing mattress brand that used similar names, ruling that the disputed doctrine of "initial interest confusion" might apply to the case.

  • May 11, 2021

    NLRB Judge Chides Amazon, Board Attys In Firing Case

    A National Labor Relations Board judge erupted at attorneys for Amazon and the worker the company is accused of firing for his role in protests against the company's COVID-19 safety policies, scolding them Tuesday for repeatedly asking pointless questions.

Expert Analysis

  • Challenging Class Cert. When Plaintiffs Missed 'False' Ad

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    False advertising class action plaintiffs often target language from a defendant's marketing materials or product label — but a defendant may be able to challenge class certification with evidence that many class members did not see the statement in question, say Michael Schwartz and Maren Messing at Patterson Belknap.

  • Keep Forced Labor Out Of Supply Chains As Scrutiny Rises

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    Companies can manage the increasing risk of penalties and reputational harm arising from discovery of forced labor in their supply chains by developing and implementing auditable compliance programs that include measurable milestones and supply chain mapping through data analytics and blockchain automation, say trade and customs advisers at KPMG.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Evaluating Insurance Options In Light Of Suez Canal Blockage

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    The recent blockage of the Suez Canal by the cargo ship Ever Given illustrates that manufacturers, carriers and recipients of internationally shipped goods should consider all the insurance offerings available to cover losses resulting from shipping delays, say David Klein and Ryan Vanderford at Pillsbury.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Series

    Winner's Playbook: Behind The Scenes Of Lamps Plus

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    The U.S. Supreme Court issued a major decision on class arbitration in Lamps Plus v. Varela two years ago. Now, attorneys at Lewis Brisbois and Mayer Brown explain how their work for Lamps Plus developed the law on interpreting arbitration agreements that exclude language expressly addressing class arbitration.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Cannabis Legalization's Effects On Insurance Industry

    Excerpt from Practical Guidance
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    Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.

  • Enabling Nonsecurity Fractional Ownership Of NFTs

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    Distributed ledger and smart contracts may make fractional ownership of nonfungible tokens possible without the complications of traditional securities sales, and market participants stand to benefit from the associated innovation and efficiencies, say Mack Legal principal Thomas Mack and Google product counsel Richard Widmann.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • What Value-Added Tax Might Look Like In The US

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    Christiaan Van Der Valk and Charles Maniace at Sovos consider the value-added tax, a primary source of revenue for many countries, and what it might mean for the U.S. were it implemented to raise funds for large-scale federal initiatives such as President Joe Biden's infrastructure plan.

  • Navigating NFT Brand Management Risks And Rewards

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    When it comes to popular nonfungible tokens and blockchain technology, brand and business owners should take note of broader opportunities lending potential staying power to the NFT market, along with the corresponding risks, particularly with respect to trademark, licensing, anti-counterfeiting and advertising law, say attorneys at Crowell & Moring.

  • Texas Tax Talk: Sales Tax Sourcing And Court Access Issues

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    Texas taxpayers should focus on two consequential tax policy developments from this legislative session: the insufficient response to the Texas Comptroller of Public Accounts' controversial local sales tax sourcing regulation, and how changes to administrative appeal procedures may affect access to courts, say attorneys at Baker Botts.

  • New Markets Credit Will Aid Recovery In Low-Income Areas

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    The recently extended New Markets Tax Credit is a critical tool for economic development in low-income communities, which have been hit especially hard by the pandemic, so public finance attorneys should consider its benefits when advising clients on projects, says Julia Fendler at Butler Snow.

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