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Retail & E-Commerce
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May 14, 2024
Revised $2.25M Walmart OT Deal Fails For Lack Of Changes
A California federal judge again refused to approve a $2.25 million deal between Walmart and 1,700 workers that would resolve an unpaid overtime lawsuit, finding that the modified agreement did not fix deficiencies the court had previously identified in the settlement's distribution method.
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May 14, 2024
Chamber Cautions FCC Against Making Anti-Arbitration Rules
Business leaders told the Federal Communications Commission that it cannot bar wireless providers from requiring arbitration clauses with customers to resolve disputes arising from cellphone SIM card and port-out fraud.
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May 14, 2024
Cos. Ask NY Court To Invalidate 100s Of Pot Licenses
New York state's beleaguered cannabis oversight agency has been hit with another lawsuit, this one seeking to invalidate hundreds of retail licenses that regulators issued to those most directly affected by the enforcement of marijuana prohibition laws.
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May 14, 2024
Data Co. Workers Had No Power Over Scam Clients, Jury Told
Lawyers for two former Epsilon Data Management employees told a Colorado federal jury Tuesday they weren't responsible for selling consumer data to phony sweepstakes and other Epsilon clients, arguing they were just following orders from executives who made the deals.
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May 14, 2024
Judge Cuts Customer's Walmart Seafood Sustainability Claims
An Illinois federal judge has cut several claims from a consumer's proposed class suit targeting allegedly deceptive sustainability representations Walmart makes about its seafood, but left the door open for her to amend her allegations before going forward.
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May 14, 2024
Amazon Owes Atty Fees Plus $525M IP Bill, Cloud Co. Says
After an Illinois federal jury determined that Amazon owes $525 million for infringing three of Kove IO's patents relating to cloud data storage technology, the Chicago software company asked a judge Tuesday to add $180 million in interest, while also arguing Amazon owes attorney fees for its surprise trial tactics.
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May 14, 2024
Amazon Rips 'Misleading' Claims Execs Destroyed Evidence
Amazon on Monday opposed the Federal Trade Commission's and state attorneys generals' allegations that founder Jeff Bezos and other executives used the encrypted app Signal to destroy evidence in their high-stakes Washington federal court antitrust fight, arguing that the executives' use of the app is legitimate and that the plaintiffs' motion is "misleading."
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May 14, 2024
California Pot Worker's Suit Alleges Slurs, Unpaid Overtime
A former worker for a cannabis cultivator and distributor is suing his former employer in California state court, saying he was fired in retaliation for reporting a work environment rife with racial discrimination.
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May 14, 2024
Pool Co. Pleads For Reprieve From Asset Freeze To Pay Attys
A Chinese manufacturer of swimming pool products and its American subsidiary are seeking a temporary respite from a court-ordered asset freeze intended to ensure they pay a multimillion-dollar verdict, saying they need to pay legal fees and other trial costs in the interim.
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May 14, 2024
Int'l Trade Commission Confirms Asia Is Dumping Steel Shelves
The U.S. International Trade Commission unanimously voted Tuesday that boltless steel shelves from Malaysia, Taiwan, Thailand and Vietnam are hurting the domestic industry by being sold in the U.S. at unfairly low prices.
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May 14, 2024
EU Finance Ministers Strike Deal On Withholding Tax Refunds
European Union finance ministers agreed Tuesday to a withholding tax refund law, as previous holdouts Poland and the Czech Republic withdrew their objections.
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May 13, 2024
Bank Lobbies Rattle Sabers At Fed Over Debit Swipe Fees
Some of the same banking industry groups that sued over the Consumer Financial Protection Bureau's credit card late fee rule have urged the Federal Reserve to refrain from lowering a separate cap on debit card swipe fees, signaling it could be the next bank fee regulation to face a legal challenge if finalized.
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May 13, 2024
Vt. On Brink Of Enacting Privacy Bill With Lawsuit Mechanism
The Vermont legislature has sent to the governor's desk a comprehensive data privacy bill that would not only require companies to scale back their data collection efforts and ramp up safeguards for children, but also give consumers the rare opportunity to sue large businesses that violate the law in certain circumstances.
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May 13, 2024
Whirlpool Service Plans Don't Guarantee Repairs, Suit Says
Whirlpool Corp. violates Washington consumer protection laws by selling extended service plans that give the company the option to buy back broken appliances instead of fixing them, according to a proposed class action filed in federal court.
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May 13, 2024
Handbag Cos. Denied More Market Info In FTC Merger Suit
A New York federal judge refused Monday to force the Federal Trade Commission to give Tapestry and Capri more details on the market allegedly threatened by their planned $8.5 billion merger, finding the parent companies of Coach and Michael Kors have the information they need.
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May 13, 2024
Trade Court Judge Objects To Nippon's New Duty Arguments
Nippon Steel Corp. struggled Friday to convince the U.S. Court of International Trade that national security tariffs should not have factored into its anti-dumping duty rate, as Judge Stephen Vaden criticizing its counsel for introducing new arguments in court.
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May 13, 2024
Starbucks Sues La. Coffee Co. Over 'Nearly Identical' Logo
Starbucks Corp. has accused a Louisiana-based coffee company in New York federal court of infringing its logo trademark with a "nearly identical" logo.
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May 13, 2024
Judge Says Bold, Italic Font Muddies Allbirds Investor Suit
A California federal judge has tossed for now a proposed class action from Allbirds Inc. investors who claim the sustainable shoe retailer made false and misleading statements in registration documents connected to its initial public offering, saying the complaint doesn't indicate which statements from the company's executives were allegedly misleading.
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May 13, 2024
2nd Circ. Affirms Dismissal Of Bystolic Antitrust Suit
The Second Circuit issued its first decision under the high court's Actavis "pay for delay" ruling on Monday, affirming the dismissal of a case alleging that an AbbVie predecessor delayed competition for its hypertension treatment Bystolic through deals with several generic makers.
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May 13, 2024
Corp. Transparency Act An Overbroad Dragnet, 11th Circ. Told
Congress exceeded its authority in passing the Corporate Transparency Act, which prompted the U.S. Treasury Department to solicit personal information for law enforcement purposes from those that registered and owned state-registered entities, a small-business group told the Eleventh Circuit on Monday.
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May 13, 2024
Kroger Says Wash. AG's Merger Suit Ignores Costco's Impact
The Washington state attorney general's challenge to Kroger's proposed $24.6 billion acquisition of rival grocery giant Albertsons ignores key economic realities, the companies argued in recent state court filings, including fierce competition from Costco and other big-box retailers.
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May 13, 2024
EU Designates Booking.com As Gatekeeper, X Ads Escape
The Dutch company that owns popular travel site Booking.com is the latest company to be hit with the gatekeeper designation by the European Commission, and the social media platform X may be next.
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May 13, 2024
Vietnamese Fish Exporter Sues Over 'Vague' Duty Instructions
A Vietnamese frozen fish fillet producer filed suit at the U.S. Court of International Trade, claiming the U.S. Department of Commerce erroneously calculated an anti-dumping duty rate for its products and then issued instructions subjecting it to a higher rate.
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May 13, 2024
Catching Up With Delaware's Chancery Court
Sunken treasure, recycled plastics, questionable denim and dog food all made appearances in Chancery Court dockets last week, along with developments in cases involving Qualcomm, Tesla Inc., and Truth Social. In case you missed it, here's the latest from Delaware's Chancery Court.
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May 13, 2024
Justices Reject COVID App Makers' Last-Ditch Apple Appeal
The U.S. Supreme Court dealt the latest blow Monday to app developers who've struck out at every turn on antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, refusing to look at a Ninth Circuit's refusal to revive the lawsuit.
Expert Analysis
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Opinion
Anti-DEI Complaints Filed With EEOC Carry No Legal Weight
Recently filed complaints against several companies' diversity, equity and inclusion programs alleging unlawful discrimination against white people do not require a response from the U.S. Equal Employment Opportunity Commission, and should not stop employers from rooting out ongoing discriminatory practices, says former EEOC general counsel David Lopez.
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4 Ways AI Tools Can Improve Traditional Merger Analyses
Government officials at the American Bar Association's annual antitrust spring meeting last week reinforced the view that competition cases will increasingly rely on sophisticated data analysis, so companies will likewise need to use Big Tech quantitative techniques to improve traditional merger analyses, say Patrick Bajari, Gianmarco Calanchi and Tega Akati-Udi at Keystone.
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Cos. Should Mind Website Tech As CIPA Suits Keep Piling Up
Businesses should continue evaluating their use of website technologies and other data-gathering software and review the disclosures in their privacy policies, amid an increase so far in 2024 of class actions alleging violations of the California Invasion of Privacy Act's pen register and trap-and-trace provisions, say attorneys at Sheppard Mullin.
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Questions Persist After Ruling Skirts $925M TCPA Award Issue
After an Oregon federal court's recent Wakefield v. ViSalus ruling that the doctrine of constitutional avoidance precluded it from deciding whether a $925 million Telephone Consumer Protection Act damages award was constitutionally sound, further guidance is needed on when statutory damages violate due process, says Michael Klotz at O'Melveny.
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Benzene Contamination Concerns: Drugmakers' Next Steps
After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.
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How Retail Tenants Can Avoid Paying Rent Prematurely
When negotiating leases for spaces in shopping centers, retail tenants should ensure that the language specifies they only need to begin paying rent when the center is substantially occupied as a whole, as it can be difficult to modify leases that are executed without co-tenancy requirements or termination rights, say Joshua Bernstein and Benjamin Joelson at Akerman.
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Analyzing New EU Measure To Prevent Reexports To Russia
Niels Ersbøll, Alexander Italianer and Laura Beuls at Arnold & Porter offer a comprehensive overview of the European Union's new rule requiring export agreements to contain a clause prohibiting the reexport of goods to Russia, and discuss what companies should do to ensure compliance.
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Back Labels In False Ad Cases Get Some Clarity In 9th Circ.
Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.
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Series
NY Banking Brief: All The Notable Legal Updates In Q1
The first quarter of 2024 saw a number of notable legal and regulatory developments that will significantly affect New York's financial services industry, including the New York Department of Financial Services' finalized novel guidance directing banks to continuously monitor the character and fitness of key personnel, say Brian Montgomery and Nathan Lewko at Pillsbury.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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The Merger Cases That Will Matter At ABA Antitrust Meeting
While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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Ruling Signals Wave Of CIPA Litigation May Soon End
A California state court's recent ruling in Licea v. Hickory Farms, which rejects the argument that IP address tracking violates the California Invasion of Privacy Act's pen register provision, is likely to reduce or stop the slew of new cases filed against businesses for similar alleged violations, says Patricia Brum at Snell & Wilmer.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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UK Amazon Ruling Spotlights TM Rights In International Sales
Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.