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Retail & E-Commerce
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April 10, 2024
Retailer 99 Cents Can Tap $60.8M DIP For Ch. 11 Winddown
99 Cents Only can access $20.5 million of its Chapter 11 financing package, a Delaware bankruptcy judge ruled Wednesday, after attorneys for the discount retail chain resolved a handful of objections to first day approval of its debtor-in-possession loan.
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April 10, 2024
Pharmacy Gets Eli Lilly's Mounjaro Suit Tossed
A Florida federal judge has thrown out Eli Lilly & Co.'s suit accusing an online pharmacy of wrongly selling a compounded version of its drug Mounjaro, saying Eli Lilly was "using state law to enforce the terms of" federal law.
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April 10, 2024
'Woodstock' Rivals Set To Test Weed-Adjacent Marks At Trial
The promoter of the famed 1969 Woodstock music fair sparred Wednesday in Manhattan federal court with an alleged usurper of its prospective right to Woodstock trademarks in the evolving marijuana market, with a jury set to hear the strangely postured dispute.
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April 10, 2024
Settlements Prompt SC Cheer Abuse Case Dismissal
Four suits levying sexual abuse allegations against competitive cheerleading's power brokers have been tossed from South Carolina federal court as a series of settlements have shifted the focus of the litigation from corporate giants to individual gyms and coaches.
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April 10, 2024
Trade Court Rules CBP Should've Labeled Planners As Diaries
The U.S. Court of International Trade on Wednesday ruled that U.S. Customs and Border Protection improperly classified imports of a California calendar company's weekly-plus-monthly planners as notebooks, saying the products are diaries because they have spaces meant for jotting down reminders.
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April 10, 2024
Ex-Coupang Atty Fights Bid To Toss Whistleblower Suit
A former in-house attorney at South Korean conglomerate Coupang told a Washington federal judge this week that his whistleblower claims against the company are valid according to the terms of his employment contract.
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April 10, 2024
9th Circ. Says Arbitration Carveout Doesn't Apply To Cos.
Section 1 of the Federal Arbitration Act only applies to humans, not companies, a Ninth Circuit panel ruled Wednesday, affirming a Washington federal court decision shipping three Amazon workers' misclassification suit to arbitration.
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April 10, 2024
Freshfields Guides EBay On Multipronged Trading Card Deal
Freshfields Bruckhaus Deringer LLP is guiding eBay Inc. on new agreements with collectibles grading company Collectors that include eBay acquiring Collectors' Goldin auction house, in what the companies said Wednesday is an effort to streamline the trading card hobby in the U.S.
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April 10, 2024
Pot Cos. Say California City Reneged On Fee Waiver Promise
Six cannabis companies are suing the city of Cudahy in California federal court, saying the city breached its contracts by refusing to waive fees accrued during national emergencies and city-caused delays, costing the companies more than $26 million in damages.
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April 10, 2024
Macy's, Activist Firm End Board Fight, Takeover Talks Proceed
Macy's and activist investment firm Arkhouse Management Co. said Wednesday they have settled their proxy dispute by appointing two independent directors to the retailer's board, paving the way for further negotiations regarding a prior $6.6 billion acquisition proposal submitted by Arkhouse and Brigade Capital Management LP.
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April 09, 2024
Walmart Hit With $101M Verdict In Trial Over PPE Contracts
An Arkansas jury hit Walmart with a $101 million verdict Tuesday for breaching an agreement to purchase more than $500 million in personal protective equipment amid the coronavirus pandemic, while also finding in favor of the retail giant's tort counterclaims.
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April 09, 2024
Philips, Feds Enter Consent Decree Over Sleep Apnea Devices
Philips Respironics can't make sleep apnea breathing machines until it hires an independent monitor, undergoes inspections and meets its obligations under a plan to remediate patients affected by a 2021 recall of such devices, the U.S. Department of Justice and U.S. Food and Drug Administration announced Tuesday.
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April 09, 2024
99 Cents Only Moves Forward On Ch. 11 Shutdown Plans
Discount retail store 99 Cents Only is on track to close its 371 stores by the end of May as part of its Chapter 11 case after a Delaware bankruptcy judge on Tuesday approved first-day motions that lay groundwork for the company to close down, but held off on approving a debtor-in-possession package until terms reached during hallway negotiations can be memorialized.
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April 09, 2024
Dole Escapes Fruit Snack False Ad Suit, For Now
A California federal judge has tossed a proposed class action accusing Dole Packaged Foods LLC of falsely labeling its fruit snacks as nutritious and healthy when the products are filled with sugar, saying the challenged statements are "puffery."
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April 09, 2024
Starbucks' Calif. Stores Lack Lactation Spaces, Suit Says
A Starbucks employee brought a proposed class action in California state court on behalf of similarly situated workers in the Golden State over the coffeehouse chain's "systemic failure" to provide adequate lactation spaces and sufficient pumping time for nursing employees.
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April 09, 2024
StarKist, PE Co. Settle Tuna Price-Fixing Claims For $3.9M
Canned tuna buyers are hoping to settle their long-running price-fixing suit with StarKist and Bumble Bee, asking a California federal judge for preliminary approval of two class action payouts worth a total of $3.87 million.
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April 09, 2024
Wash. High Court Leaves Gun Magazine Ban In Place
The Washington state Supreme Court has paused a judge's ruling that the state's law banning the sale of large-capacity magazines for firearms is unconstitutional.
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April 09, 2024
Poland Adopts Digital Platform Reporting Rules
Poland's Council of Ministers approved a measure Tuesday implementing the European Union's tax information reporting procedures for digital platform operators, known as DAC7, the country's tax authority said.
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April 09, 2024
UK Court Affirms Sweet VAT Ruling For Jumbo Marshmallows
Jumbo-size marshmallows are not candy like regular marshmallows because they're meant to be roasted, so they qualify for a value-added tax exemption for food, the U.K. Upper Tribunal ruled in upholding a lower court's findings.
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April 09, 2024
Tenn. Justices Don't Let Trader Joe's Avoid Direct Claims
The Tennessee Supreme Court has decided not to let Trader Joe's East Inc. escape direct liability and premises liability claims in a slip-and-fall suit by admitting that one of its employees is at fault, saying that the rule the store proposed doesn't fit with the state's comparative fault system.
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April 09, 2024
Pot Distributor Can't Restrain Hemp Co. Amid Contract Dispute
A cannabis distribution company and a family farm lost an early bid to stop online retailer Mood Product Group LLC from allegedly using their trade secrets to solicit suppliers, with a North Carolina Business Court judge finding the pair are unlikely to succeed on their claims.
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April 09, 2024
Macy's Sued In Del. To Block 'Dead Hand' Buyout Defense
A Macy's Inc. pension fund stockholder has sued for a Delaware Court of Chancery order barring the retailer from holding its May 17 annual meeting or impeding a board proxy contest launched by two investor funds after a hostile response to their company takeover offer.
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April 09, 2024
Fragrance Giants Want Out Of 'Threadbare' Price-Fixing Suit
Four international fragrance giants urged a New Jersey federal court to toss a proposed class action accusing them of conspiring to reduce competition in the multibillion-dollar fragrance market, saying plaintiffs are struggling to point to any price-fixing agreement.
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April 09, 2024
Printer Buyers Defend HP Ink Cartridge Antitrust Claims
HP printer buyers told an Illinois federal court they've done enough to show that HP monopolized the market for replacement ink cartridges by alleging the company used firmware updates to lock them into purchasing HP ink cartridges.
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April 09, 2024
Trade Court OKs Revoking Plywood Duty Evasion Ruling
The U.S. Court of International Trade accepted U.S. Customs and Border Protection's rescission of a duty evasion ruling that exposed importers to duties on Chinese plywood, but let CBP handle the question of duties paid under the now-rescinded ruling.
Expert Analysis
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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How States Vary On The Fireman's Rule And Its Applicability
A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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9 Contractual Issues Tech Startups Should Be Wary Of
Technology startups often overlook relatively simple but crucial contracting steps that are essential to owning and protecting their intellectual property, and the consequences of this will almost always surface at some point, typically in connection with a key investment or other significant transaction involving the business, say attorneys at Mayer Brown.
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5 AI Risks For Corporate Boards To Examine
Whether companies are building their own artificial intelligence technology or leveraging third-party tools, their directors should get educated on certain legal issues and business risks to ensure the adoption of policies that foster responsible use of generative AI, say James Gatto and Tiana Garbett at Sheppard Mullin.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
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NY CRE Lenders Need Clarity On Foreclosure Standing
Recent contradictory New York case law regarding issues of standing in commercial real estate litigation creates confusion for borrowers and lenders alike, and should be addressed by courts in advance of the anticipated onslaught of commercial mortgage-backed securities foreclosures, say Christopher Gorman and John Muldoon at Rosenberg & Estis.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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3 Key Class Action Trends To Use As Guidance In 2024
Telephone Consumer Protection Act, privacy and false advertising class actions saw significant shifts last year — including a trend toward expanding the application of preexisting laws to current technologies — that businesses should keep in mind to navigate the class action landscape in 2024, say attorneys at Mintz.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Time To Step Up PFAS Due Diligence In Cross-Border M&A
Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.
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Bill Could Pave Path To 'Safer' Banking For Cannabis Industry
The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, which was recently passed by a U.S. Senate committee, creates potential for financial inclusion of legally operating cannabis businesses and could promote recognition of the disconnect between federal laws and services unavailable to the industry, says Mark Bell at Stinson.
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How 4 State AGs Are Shaping Data Privacy Compliance
As the landscape of state data privacy laws continues to grow across the nation, understanding how state attorneys general — such as in California, Colorado, Connecticut and Virginia — are thinking about these laws is critical to begin forecasting how enforcement will play out, say Michelle Kallen and Daniel Echeverri at Jenner & Block.