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Retail & E-Commerce
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November 28, 2023
Wis. Class Action Blames Insurer For Cheating In Depreciating
A Tennessee strip mall owner told a Wisconsin federal court that the company should be allowed to pursue a class action on behalf of hundreds or thousands of fellow insureds who were under-compensated for property damage after an insurer illegally depreciated labor costs in numerous states.
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November 28, 2023
Bakery Distributors Ask Supreme Court To Wait To Mull Case
Workers who delivered baked goods for Flowers Foods and two subsidiaries told the U.S. Supreme Court that the companies' petition to the high court to review a First Circuit decision denying them arbitration should wait for a similar case.
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November 28, 2023
Fla., Hemp Co. Spar Over Out-Of-State Sales Under 2019 Law
A Fort Lauderdale hemp-product company is asking a federal judge to block allegedly unconstitutional stop-sale orders a Florida regulator imposed on its products, while the state regulator is pushing to have the company's suit scrapped in deference to a pending administrative hearing process.
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November 28, 2023
Feds Tee Up Dumping Duties On Brass Rods From 5 Countries
The U.S. Department of Commerce lined up preliminary tariffs rising up to 77.14% on brass rod imports from five countries, after determining that overseas producers were likely selling their products in the U.S. at artificially low prices.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 28, 2023
Mich. Con Artist Gets 17 Years For Trucking Ponzi Scheme
A Manhattan federal judge sentenced a Michigan man who previously served time for fraud to over 17 years in prison Tuesday after he admitted taking $40 million from investors who thought they were backing a lucrative e-commerce trucking business.
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November 27, 2023
Google's Android Monopoly Harms Users, Stanford Prof Says
A Stanford economics professor took the stand Monday in Epic Games' antitrust suit over Google's Android app store, saying it holds a monopoly on the market for smartphone operating systems and uses anticompetitive tactics to stifle rivals, meaning smartphone users and developers "have suffered as a result."
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November 27, 2023
McDonald's Asks Justices To Review Workers' No-Poach Case
McDonald's asked the U.S. Supreme Court on Monday to review the Seventh Circuit's revival of a proposed class action alleging the company's since-discontinued no-poach provisions in franchisee agreements violated antitrust laws.
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November 27, 2023
Commerce Dept. Wants Feedback On Draft DEI Principles
The U.S. Department of Commerce asked the public on Monday for feedback on a proposed set of principles for diversity, equity, inclusion and accessibility in the private sector and on the impact of so-called DEIA initiatives that already exist.
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November 27, 2023
Target's 'Reef-Conscious' Sunscreen Is A Lie, Suit Alleges
Target was hit with a proposed class action on Monday in Florida federal court accusing the retailer of selling sunscreen that is falsely labeled as containing a "reef-conscious formula" when it actually uses ingredients that are harmful to coral reef ecosystems.
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November 27, 2023
MGA Unlikely To Get Quick Appeal Of 3rd Doll IP Trial Order
A California federal judge overseeing rapper T.I.'s $100 million intellectual property dispute against MGA Entertainment appeared ready at a Monday hearing to stick with his tentative decision to deny the toy giant's request to pause the proceedings and certify for interlocutory appeal his ruling that ordered a third trial in the case.
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November 27, 2023
Amicus Groups Tell High Court To End Chevron Deference
Six groups, including the Ohio Chamber of Commerce and several former state supreme court judges, filed friend-of-the-court briefs on Monday urging the U.S. Supreme Court to overturn a decades-old legal doctrine stating that courts must defer to federal agencies' interpretation of ambiguous laws.
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November 27, 2023
Trash Or Treasure, Court OKs Lifting Turkish Scrap Metal Duty
The U.S. Court of International Trade on Monday affirmed the government's change of heart on whether a Turkish shipbuilder's duties should apply to scrap metal it sold to a rebar exporter, dismissing protests from U.S. steel producers.
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November 27, 2023
EU Says Amazon's IRobot Deal Could Hurt Competition
European enforcers said Monday that a review of Amazon's planned $1.7 billion purchase of iRobot shows the deal could allow the e-commerce giant to block rival robotic vacuum cleaner makers by limiting their access to its marketplace.
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November 27, 2023
Amazon-Backed AI Co. Slams Music Publishers' Tenn. IP Suit
Amazon.com-backed Anthropic has asked a Tennessee federal judge to toss — or alternatively, transfer to California — music publishers' allegations that the artificial-intelligence developer has ripped off their song copyrights, arguing that the complaint is a "negotiating tactic disguised as a federal complaint," and the Volunteer State lacks authority over the dispute.
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November 27, 2023
Ex-Wife Can't Use 'Chocolate Moonshine' Formula, Jury Hears
Christopher Warman Sr. may have learned a fudge recipe from a New England chocolatier, but it was his own tweaks and improvements to that formula that made it a trade secret — one his ex-wife and her new business partners should be barred from using, Warman's attorney told a Pittsburgh jury Monday.
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November 27, 2023
Net Neutrality Hearing To Focus On FCC's Web 'Takeover'
Congressional Republicans will hold a hearing this week on the Federal Communications Commission's plan to reinstate net neutrality rules, contending the proposal amounts to an overbroad assertion of the agency's powers.
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November 27, 2023
Indian Glycine Co.'s Waffling Justifies Penalty Duties
The U.S. Court of International Trade stood by the penalty tariffs the U.S. Department of Commerce issued to an Indian glycine producer that offered officials contradictory evidence on whether it had ties with other glycine companies in India.
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November 27, 2023
Sentencing Guidelines Boosted For Atty In Pot Bribe Case
An attorney convicted in a marijuana licensing bribery scheme faces a potentially stiff sentence after a Boston federal judge on Monday rejected the defendant's math, showing he only gained $15,000 from the crime, but stopped short of adopting prosecutors' calculations pegging the gain at $100,000 or more.
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November 27, 2023
Nussbaum And Company Win Battle For Counsel Position
A New Jersey federal judge has appointed Nussbaum Law Group PC, Korein Tillery PC and Hausfeld LLP as co-lead interim counsel in an antitrust suit against fragrance manufacturers, rejecting a bid from other firms led by Quinn Emanuel Urquhart & Sullivan LLP for the roles.
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November 27, 2023
Ammunition Co. Claims Hugo Boss Used Bogus TM Claims
A shotgun shell company has accused high fashion company Hugo Boss of using unfounded trademark claims to block it from selling branded apparel through an online vendor in a new lawsuit filed in Michigan federal court.
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November 27, 2023
NY Pot Regulators Will Settle Suits That Stalled Licensure
New York cannabis regulators on Monday approved a resolution to settle two lawsuits challenging the state's marijuana retail licensing program, including one that has hobbled the state's effort to award licenses to those with past convictions and has left hundreds of entrepreneurs in limbo.
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November 27, 2023
Catching Up With Delaware's Chancery Court
Delaware's Chancery Court stuffed a lot into a shortened Thanksgiving week, with new cases involving wrestling promoter Vince McMahon, billionaire Howard Lutnick and activist investor Carl Icahn.
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November 27, 2023
Commerce Tees Up Duties On Steel Shelves From 4 Countries
The U.S. Department of Commerce has imposed preliminary anti-dumping duties on boltless steel shelving from Malaysia, Taiwan, Thailand and Vietnam, slapping rates of between 78% and 225% on several producers the agency deemed uncooperative with its investigations.
Expert Analysis
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Forecasting The Impact Of High Court Debit Card Rule Case
John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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Opinion
FDA And Companies Must Move Quickly On Drug Recalls
When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.
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Crypto Has Democratized Trading In Bankruptcy Claims
Following the pandemic, there has been a wave of cryptocurrency bankruptcies and a related increase in access to information, allowing nontraditional bankruptcy investors to purchase claims and democratizing a once closed segment of alternative investing, says Joseph Sarachek at Strategic Liquidity.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Ohio Voters Legalize Cannabis — What Comes Next?
This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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'Trump Too Small' Args Show Justices Inclined To Reverse
The U.S. Supreme Court recently heard oral arguments in the "Trump Too Small" trademark case Vidal v. Elster — and the tenor of the justices' feedback makes it clear that the refusal to register a mark under the Lanham Act most likely does not violate free speech rights, as opposed to the Federal Circuit's decision last year, says Brian Brookey at Tucker Ellis.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Sellers Seeking Best Deal Should Focus On Terms And Price
Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Opinion
Civil Litigation Against Gun Businesses Can Reduce Violence
With mass shootings skyrocketing, and gun control legislation blocked by powerful interest groups, civil litigation can help obtain justice for victims by targeting parties responsible beyond the immediate perpetrator — including gun manufacturers, dealers and retailers, says Tom D'Amore at D'Amore Law Group.
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Retailers: Beware Legislator And Regulator Junk Fee Focus
In light of the Biden administration’s recent focus on restricting so-called junk fee surcharges across industries, attorneys at Benesch discuss what retailers should know about several evolving developments, including a new California law, a proposed Federal Trade Commission rule, an expanding litigation landscape, and more.