Retail & E-Commerce

  • April 23, 2024

    Chinese Foam-Making Chemicals Dominate Market, Co. Warns

    The U.S. subsidiary of an Israel-based chemical manufacturer urged the U.S. government Tuesday to impose anti-dumping and countervailing duties on Chinese-origin alkyl phosphate esters, saying imports of the chemical commonly used in making polyurethane foam are taking over the U.S. market.

  • April 23, 2024

    Sugar Giants Accused Of Using Shadow Analyst To Fix Prices

    A putative class action filed in Illinois federal court on Monday accuses top sugar producers of colluding with each other since at least 2019 to illegally fix the price for white, refined table sugar, driving up the prices of granulated sugar since in "one of the steepest climbs ever."

  • April 23, 2024

    Biz Ownership Law Constitutional, Lawmakers Tell 11th Circ.

    The Corporate Transparency Act is a garden-variety exercise of Congress' powers to address threats to national security, foreign affairs, commerce and tax collection, five Democratic lawmakers told the Eleventh Circuit, disputing a ruling that the law is unconstitutional.

  • April 23, 2024

    Trade Court Orders Feds To Rethink Canadian Lumber Duties

    The U.S. Court of International Trade ordered the U.S. Department of Commerce to redo countervailing duties on Canadian lumber, saying the department must better explain its refusal to check whether suppliers for investigated companies had received government subsidies.

  • April 23, 2024

    Do Not Remand FDA Cigar Rule Without Vacatur, DC Circ. Told

    The New Civil Liberties Alliance is urging the D.C. Circuit not to remand a U.S. Food and Drug Administration rule regulating premium cigars without first vacating the regulation, saying federal agencies cannot enforce rules that have been declared unlawful.

  • April 23, 2024

    Williams-Sonoma To Pay $3.2M Over 'Made In America' Claims

    Williams-Sonoma has agreed to a $3.18 million settlement with the Federal Trade Commission for allegedly mislabeling Chinese-produced products as American-made.

  • April 22, 2024

    Kansas Gov. Signs Earned Wage Access License Bill Into Law

    Kansas has become the fourth state to approve new laws governing so-called earned wage access products, joining Nevada, Missouri and Wisconsin in regulating services for workers seeking cash advances.

  • April 22, 2024

    Jack Daniel's, VIP Hold Firm In Yearslong Dog Toy TM Fight

    Jack Daniel's has told an Arizona federal court that VIP Products LLC's contention that its chewy, poop-themed dog toys in the shape of whiskey bottles do not infringe or dilute Jack Daniel's brand is an old argument, borne from a desire to litigate the case "from scratch" after the U.S. Supreme Court rejected its First Amendment defense last year.

  • April 22, 2024

    Kroger, Albertsons Expand Divestiture Plan

    Supermarket giants Kroger and Albertsons are willing to let go of an extra 166 stores in the hopes of swaying federal and state regulators to drop their opposition to the $25 billion grocer union, they said Monday.

  • April 22, 2024

    Trade Court Faults Feds For Ignored Russian Curbs In Probe

    The U.S. Court of International Trade faulted trade commissioners for failing to properly consider how U.S. sanctions on Russia affected oil and gas tube trade, ordering them to redo their ruling that tube imports harmed U.S. businesses.

  • April 22, 2024

    Amazon Illegally Gathered Workers' Face Scans, Suit Says

    Amazon.com Services faces a proposed class action filed Monday in Illinois federal court accusing the retail giant of gathering employees' facial geometry scans and sharing them with various third parties without first receiving the employees' written consent in violation of the Illinois Biometric Privacy Act.

  • April 22, 2024

    E-Truck Maker Rivian Faces Investor Suit Over Sales Slump

    Electric-vehicle manufacturer Rivian Automotive Inc. has been hit with a proposed class action alleging it misled investors by overstating the demand for its products and downplaying the impact historically high interest rates were having on its customers' shopping habits.

  • April 22, 2024

    Congress Can Enact Corp. Transparency, Orgs Tell 11th Circ.

    Congress is empowered to require American companies to report their beneficial owners to the federal government because there is ample evidence they've previously been used to fund hostile foreign actors, evade sanctions and traffic drugs, two think tanks told the Eleventh Circuit in an amici brief.

  • April 22, 2024

    Shade Co. Calls $34.6M Patent Verdict 'Grossly Excessive'

    Home lighting fixtures company Lutron and rival GeigTech are continuing their legal fight after a New York federal jury found that Lutron owes GeigTech $34.6 million for infringing a patent, with Lutron saying the award was "grossly excessive."

  • April 22, 2024

    US Tile Cos. Say India Is Impeding Recovery From China Imports

    Nine U.S. tile makers called on the federal government to impose anti-dumping and countervailing duties on ceramic tiles from India, saying a surge of India-origin tiles thwarts their ability to recover from unfairly priced Chinese imports already hit with duties.

  • April 22, 2024

    Ralph Lauren Can Continue Appeal Of COVID Coverage Loss

    The Third Circuit on Monday lifted a stay that sidelined a Ralph Lauren Corp. appeal of a district judge's ruling that the fashion retailer failed to show insurable physical damage to stores from the COVID-19 pandemic, sending the case to an appellate motions panel with three similar actions.

  • April 22, 2024

    FTC Moves To Block $8.5B Designer Fashion Deal

    The Federal Trade Commission moved on Monday to block a planned $8.5 billion deal for the parent company of Coach and Kate Spade to purchase the owner of designer brands Michael Kors and Jimmy Choo.

  • April 22, 2024

    Ill. Panel Relieves Insurer Of $8.3M Cracker Caper Judgment

    An insurer was relieved of covering a dispute between cracker manufacturers, an Illinois state appeals panel affirmed, finding allegations of equipment theft that led to an $8.3 million judgment against Distinctive Foods LLC constituted non-covered intentional interference with RyKrisp LLC.

  • April 22, 2024

    Vista Outdoors Nudges MNC Capital To Bolster $3B Bid

    Vista Outdoor Inc. on Monday urged investment firm MNC Capital to increase its prior $3 billion buyout offer, as Vista weighs MNC's proposals against an already inked merger agreement to sell its ammunition brands off to Czechoslovak Group.

  • April 22, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.

  • April 22, 2024

    Clothing Retailer Express Inc. Hits Ch. 11 With Sale Offer

    Fashion retailer Express Inc. filed for Chapter 11 protection Monday in Delaware to help tame roughly $1.2 billion in debt, saying it has an offer from a group of buyers for the majority of its assets, including its retail store locations.

  • April 22, 2024

    Supreme Court Will Hear Feds' Ghost Guns Ban Appeal

    The Supreme Court on Monday agreed to hear an appeal from the federal government seeking to block an injunction excluding two companies from a rule classifying so-called ghost gun kits as firearms.

  • April 22, 2024

    Supreme Court Denies Amazon Bid To Review Arbitration Scope

    The U.S. Supreme Court on Monday denied Amazon's bid to review a Ninth Circuit decision on whether last-mile delivery drivers are exempt from the Federal Arbitration Act.

  • April 19, 2024

    A Cannabis Constitutional Fight, And The Calif. Atty Behind It

    Federal appellate courts are mulling multiple challenges to state and local cannabis licensure programs, all brought by one California-based attorney and each alleging that the dormant commerce clause of the U.S. Constitution must apply to federally illegal marijuana.

  • April 19, 2024

    Nestlé Strikes Deal Ending Gray-Market Drinks Trademark Row

    Nestlé USA Inc. and two food distributors have asked a Texas federal judge to permanently dismiss their trademark infringement fight accusing the distributors of illegally selling so-called gray-market versions of Nescafe Clasico and Abuelita products, saying parties recently reached a settlement agreement.

Expert Analysis

  • Exporters Should Approach Self-Disclosure With Caution

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    A January Bureau of Industry and Security memorandum created an abbreviated process for disclosing export control violations that lack aggravating factors, but deciding which disclosure method to utilize remains a complex strategic undertaking to which companies must give careful consideration, say attorneys at Covington.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • A Refresher On Alcohol Sponsorships Before The Super Bowl

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    As millions of people will see in Super Bowl commercials Sunday, celebrity sponsorships continue to be a valuable tool for alcohol beverage marketers — and those looking to better target audiences must understand how regulation of the alcohol industry affects these deals, say attorneys at McDermott.

  • Opinion

    Food Safety Bill Needed To Protect Kids From Heavy Metals

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    The recent announcement by the Centers for Disease Control and Prevention that hundreds of children may have been exposed to unsafe lead levels in applesauce highlights the continuing failure by Congress to pass legislation that would require baby food manufacturers to ensure safer levels of heavy metals in their products, says Vineet Dubey at Custodio & Dubey.

  • What Brands Must Know For Calif. Recycle Label Compliance

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    A brand that stamps nonrecyclable packaging with the chasing arrows symbol could face liability under California's new law on labeling recyclable material, so brand owners should keep an eye on the state's pending survey process to identify which materials meet the criteria before requirements go into effect, say attorneys at ArentFox Schiff.

  • Del. Dispatch: Clarification On Fiduciary Duties Of Controllers

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    The Delaware Chancery Court’s January opinion in a Sears Hometown and Outlet Stores' stockholder dispute — holding that a controlling stockholder owes the company and minority shareholders some fiduciary duties when selling shares or voting to change the status quo — suggests instances where investors opposing board decisions should tread carefully, say attorneys at Fried Frank.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Amazon's €32M Data Protection Fine Acts As Employer Caveat

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    The recent decision by French data privacy regulator CNIL to fine Amazon for excessive surveillance of its workers opens up a raft of potential employment law, data protection and breach of contract issues, and offers a clear warning that companies need coherent justification for monitoring employees, say Robert Smedley and William Richmond-Coggan at Freeths.

  • Expediting Psychedelics Approvals In The EU, UK, Australia

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    Accelerated pathways for regulatory approvals for psychedelic drugs in the European Union, U.K. and Australia is indispensable to facilitate a seamless advancement of treatments from the research environment to the consumer, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.

  • Assessing Merger Guideline Feedback With Machine Learning

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    Large language modeling appears to show that public sentiment matches agency intent around the new merger control guidelines from the Federal Trade Commission and U.S. Justice Department, says Andrew Sfekas at Cornerstone Research.

  • Series

    ESG Around The World: Brazil

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    Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.

  • Vagueness In Calif. Climate Law Makes Compliance Tricky

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    California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

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