Retail & E-Commerce

  • May 06, 2024

    SEC's Grewal Says Self-Reporting Best Bet For No Penalties

    Self-reporting is the most important factor that U.S. Securities and Exchange Commission enforcement staff weigh in determining cooperation credit and whether a firm should face a penalty, SEC Enforcement Director Gurbir Grewal said in an interview with Law360.

  • May 06, 2024

    Fashion Cos. Aim To Make FTC Define Market In Merger Suit

    Fashion companies Tapestry Inc. and Capri Holdings Ltd. have asked a New York federal court to order the Federal Trade Commission to define the proposed relevant market in its suit attempting to block the companies' planned $8.5 billion merger, saying they need a specific definition of the market in order to properly defend the deal.

  • May 06, 2024

    Catching Up With Delaware's Chancery Court

    A record $100 million settlement, a fishy Facebook decision, a canceled Amazon delivery and an upended $7.3 billion sale dispute topped the news out of Delaware's Court of Chancery last week. There were also new cases involving Hess, Microsoft and the 2022 World Cup.

  • May 06, 2024

    Amazon Workers Answer Judge's $5.5M COVID Deal Inquiries

    Amazon employees assured a California federal court that their $5.5 million proposed class action deal is fit for approval, giving additional information on the terms and saying the company backed ending the lawsuit accusing the e-commerce giant of failing to pay for time spent undergoing COVID screenings before shifts.

  • May 06, 2024

    CBP Denies Delay To Ban Ivorian Cocoa, Says Probe Is Active

    U.S. Customs and Border Protection countered accusations that it is taking too long to ban cocoa imports allegedly harvested using child labor, telling the U.S. Court of International Trade it does not have a statutory deadline to complete its investigation.

  • May 06, 2024

    Experienced Trade Disputes Atty Joins Baker McKenzie In DC

    Baker McKenzie announced Monday that it has hired an experienced attorney with more than a decade spent working on international trade matters as a partner in its Washington, D.C., office.

  • May 03, 2024

    Judge Asks About Ad Quality As Google Search Trial Wraps

    The D.C. federal judge overseeing the government's search monopolization case against Google peppered attorneys from both sides on Friday during the final day of trial arguments about how to address Google's contention that it raises ad prices to coincide with product improvements.

  • May 03, 2024

    Charities Can't Get 'Second Bite Of The Apple' Against PayPal

    An Illinois federal judge on Friday trimmed a second lawsuit by charities challenging the way PayPal solicits and distributes charitable contributions, saying they can't get a "second bite of the apple" after their nearly identical claims were dismissed because they'd agreed to individually arbitrate disputes.

  • May 03, 2024

    Eolas Is Latest Patent Owner To Take Alice Loss To High Court

    A patent licensing outfit run by a onetime computer lab director at the University of California, San Francisco, is the latest to go to the U.S. Supreme Court to complain about patent eligibility.

  • May 03, 2024

    Walmart Hit With False Ad Suit Over 'Reef Friendly' Sunscreen

    A consumer hit Walmart Inc. with a proposed class action on Friday in New York federal court accusing the retail giant of falsely labeling its sunscreen as "Reef Friendly," when it actually contains ingredients that are harmful to coral reefs.

  • May 03, 2024

    DOJ Seeks Info Sharing With Texas In Google Ad Tech Case

    The U.S. Department of Justice objected on Friday to a Virginia magistrate judge's refusal to coordinate discovery in its suit accusing Google of monopolizing key digital advertising technology with a similar case from state enforcers pending in Texas, contending the information sharing is needed to maintain a level playing field.

  • May 03, 2024

    Google Blasts Epic's Post-Verdict Play Store Reforms Bid

    Google is hitting back at Epic Games' proposed injunction following its jury win on antitrust claims related to the Google Play Store and Android apps, telling a California federal judge Thursday that Epic's proposed rules cover conduct that was not presented to the jury and is "purely hypothetical."

  • May 03, 2024

    Grubhub Urges Justices Not To Review Kroger TM Dispute

    Grubhub told the U.S. Supreme Court on Friday that there's no need for the justices to review the Seventh Circuit's recent finding that consumers are unlikely to confuse Grubhub's logo with a logo used by Kroger's meal-kit delivery service Home Chef, arguing the trademark case doesn't raise a novel issue warranting review.

  • May 03, 2024

    Amazon Sued For 'Horrific' Burns, Amputation From Foot Bath

    A Pennsylvania man is suing Amazon.com Inc., Intertek USA Inc. and a pair of Chinese companies in federal court, saying he suffered "horrific burns" that led to the amputation of one foot after a foot bath he ordered through the online retailer malfunctioned and overheated.

  • May 03, 2024

    Crumbl Faces Privacy Suit For Not-So-Sweet Tracking Cookies

    A customer hit Crumbl LLC with a proposed class action in California federal court alleging the cookie company helps a third-party payment processing company install tracking cookies on web browsers to collect consumers' sensitive information and their online activity without consent.

  • May 03, 2024

    Rue21 Can Use Lender Cash As It Moves To Shut All Stores

    A Delaware bankruptcy judge gave an initial nod Friday to teen apparel company rue21's bid to use its lender cash collateral to fund itself as it works to sell off inventory across 540 stores in the U.S. during its Chapter 11 case.

  • May 03, 2024

    2nd Circ. Upholds Adidas TM Trial Loss To Thom Browne

    The Second Circuit upheld a jury verdict that found fashion brand Thom Browne's shoes and apparel did not rip off Adidas' iconic three-stripe logo, saying Friday that a Manhattan federal judge did not make a mistake with the instructions he provided jurors.

  • May 03, 2024

    No Retrial Coming After $20M Cannabis Investor Verdict

    A Los Angeles judge has denied a bid by CADM Inc. for a retrial following a $20 million verdict against it and its affiliates on claims that they defrauded investors with a real estate scheme, finding that the motion was not served to the proper attorneys on time, and even if it had been, the judgment would stand.

  • May 02, 2024

    Jury Finds MacroAir Infringed Big Ass Fans' Patents

    Following a four-year dispute between a home-cooling outfit called Big Ass Fans and major rival MacroAir Technologies Inc., a California federal jury has found that MacroAir owes just about $665,000 in patent damages as well as an additional amount for false advertising, a total that was well below the over $100 million requested.

  • May 02, 2024

    Google Judge Ponders Search Engine's Might At Trial Closings

    The quality of Google's search engine, and what it would take to actually challenge the company's grip on default placements on Apple browsers and Android phones, were top of mind Thursday for the D.C. federal judge weighing U.S. Department of Justice monopolization allegations.

  • May 02, 2024

    Walgreens Fights $1B Arb. Award Over COVID Test Contract

    At-home lab test maker Everly Health urged a Delaware federal judge to affirm its nearly $1 billion arbitration award against Walgreens over claims the pharmacy chain deliberately misused the digital health platform's trademark while secretly diverting COVID-19 tests to its own pharmacists while Walgreens argued the arbitrator overstepped his authority in bestowing such an "egregious" award.

  • May 02, 2024

    No Atty Fees For Objectors To $5.6B Swipe Fees Settlement

    Class members who initially objected to a $5.6 billion settlement with Visa and Mastercard cannot collect nearly $1 million in attorney fees, a New York federal judge ruled Thursday, saying they haven't shown their objections to the original 2013 settlement substantially benefited the class.

  • May 02, 2024

    Chicken Buyers Request $37M More In Price-Fixing Deal Fees

    Direct broiler chicken purchasers who've inked more than $284 million in price-fixing settlements are asking an Illinois federal judge for more than $37 million in what would be a third distribution of fees and reimbursed costs to their co-lead counsel in the massive case.

  • May 02, 2024

    Sugar Price-Fixing Suits Combined In NY

    A New York federal judge consolidated six proposed price-fixing class actions against domestic sugar producers, siding with plaintiffs who wanted to try the cases as part of a multidistrict litigation.

  • May 02, 2024

    House Seeks FTC Info On Scuttled Amazon-IRobot Deal

    The Republican-controlled House Committee on Oversight and Accountability is launching an investigation into the Federal Trade Commission's purported efforts to block Amazon's purchase of iRobot, according to a Wednesday letter from Rep. James Comer, R-Ky.

Expert Analysis

  • Preparing Law Students For A New, AI-Assisted Legal World

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    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.

  • Sellers Seeking Best Deal Should Focus On Terms And Price

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    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.

  • Series

    ESG Around The World: South Korea

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    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.

  • General Counsel Need Data Literacy To Keep Up With AI

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    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.

  • Opinion

    Civil Litigation Against Gun Businesses Can Reduce Violence

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    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.

  • Retailers: Beware Legislator And Regulator Junk Fee Focus

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    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.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

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    Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Considerations For Navigating Mixed-Use Developments

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    As mixed-use developments continue to rise in popularity, developers considering this approach to urban planning must be aware of key considerations ranging from title and zoning laws to proper engagement with stakeholders, says Mehdi Sinaki at Michelman & Robinson.

  • What Can Be Learned From 3M's Iran Sanctions Settlement

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    3M’s recent agreement to pay $9.6 million to resolve potential liability for violation of Iran sanctions provides insight on the complexity of U.S. sanctions compliance, the duration of enforcement actions by the Office of Foreign Assets Control, and the benefits and potential drawbacks of voluntary disclosure, says Thaddeus McBride at Bass Berry.

  • Safe-Harbor Period Change Could Hinder TCPA Compliance

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    A proposed rule change under consideration by the Federal Communications Commission would require businesses to honor do-not-call requests within 24 hours of receipt for calls and texts that are subject to the Telephone Consumer Protection Act, and companies have already called it unreasonable, say Aaron Weiss and Danny Enjamio at Carlton Fields.

  • Cos. Must Address Growing Chatbot Class Action Risk

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    Following a new wave of chatbot-related consumer data privacy litigation and expanding compliance obligations created by state legislatures, businesses using such technology face a high-risk environment for wiretapping allegations, with inconsistent court rulings to date and uncertain legal holdings ahead, say attorneys at Pierce Atwood.

  • Regulatory Shift May Offer Lifeline To NY's Cannabis Industry

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    Recent developments may help to open up the regulatory log jam and increase the number of licensed dispensaries in New York state, and can eventually allow the licensed cannabis market to win out over unlicensed dispensaries, say attorneys at Davis+Gilbert.

  • Co. Directors Must Beware Dangers Of Reverse Factoring

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    New accounting requirements governing the disclosure of so-called reverse-factoring programs have revealed billions of dollars worth of hidden liabilities on companies’ ledgers, and directors of corporate boards should review their companies’ books for this hidden danger, say Garland Kelley at Looper Goodwine, Amin Al-Sarraf at Locke Lord and Jill Basinger at Discovery Land.

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