Retail & E-Commerce

  • February 14, 2020

    Nevada Gov. Taps Ex-Chief Justice For State Cannabis Board

    Nevada governor Steve Sisolak has appointed a former Nevada Supreme Court chief justice and a Kaempfer Crowell attorney to chair the state’s newly formed Cannabis Compliance Board, according to an announcement from the governor’s office.

  • February 14, 2020

    San Diego Nears Halt Of Instacart Worker Classification

    A California judge indicated he will grant San Diego's request for an injunction forcing grocery delivery service Instacart to stop classifying its delivery workers, known as "shoppers," as independent contractors instead of employees.

  • February 14, 2020

    Calif. Seeks To Nix Uber, Postmates' AB 5 Challenge For Good

    The state of California urged a federal judge to toss Uber and Postmates' suit challenging a new law making it harder for workers to be classified as independent contractors, arguing the case should be dismissed for the same reasons the judge rejected the companies' efforts to pause the litigation.

  • February 14, 2020

    Ranbaxy Can't Ask 1st Circ. To Toss Drug Buyers' Suit

    A Massachusetts federal judge refused Friday to let Ranbaxy Laboratories seek First Circuit relief from multidistrict litigation accusing the company of gaming the generic drug approval system to gain an unfair competitive edge, holding that appeal would only disrupt the long-running case.

  • February 14, 2020

    Domino's Eyes $2.6M Fees Over 'Baseless' Menu Patent Suit

    Domino's Pizza has told a California federal court that it is entitled to fees after beating an infringement suit lodged by the owner of several online menu patents, because of several alleged missteps including destroyed evidence, lies from the company’s president and “baseless” claims.

  • February 14, 2020

    3 Takeaways From The Calif. Supreme Court's Apple Ruling

    The California Supreme Court has ruled that state law requires retailers to pay workers for time they spend waiting to be searched, handing a loss to Apple and exposing businesses to potentially costly class actions. Here, Law360 runs down the big takeaways from the court’s decision.

  • February 14, 2020

    Walmart Customer's Security Guard Beating Suit Revived

    A Georgia appeals court on Friday revived a suit seeking to hold Walmart liable for a customer's beating by a security guard, saying there is a factual dispute over the role the store's loss prevention officer played in the encounter.

  • February 14, 2020

    Gun Co. Says Distributor Wrongly Litigating Pistol Fight

    The German arm of European weapons company RUAG is asking a federal court to force a Nevada weapons distributor to arbitrate its multimillion-dollar lawsuit stemming from a failed business venture involving a type of sport pistol, arguing that the dispute belongs in Munich.

  • February 14, 2020

    What Attys Should Know As Juul Battles Blaze Of Litigation

    A litigation firestorm surrounding e-cigarette colossus Juul Labs is threatening to engulf many other players in the multibillion-dollar vaping market and appears poised to test innovative theories in product liability law. Here, Law360 explains the key cases and issues that attorneys should watch.

  • February 14, 2020

    E-Biz Players Pinning Hopes On 3rd Circ. Amazon Ruling

    Digital marketplaces are hoping the full Third Circuit will rule that Amazon Inc. can’t be held liable for a defective product it didn't manufacture, a case experts say could stunt an industry undergoing exponential growth if it doesn't go in favor of the online retail giant.

  • February 14, 2020

    Juul Rival Warned That TM Suit Is Nothing To 'LOL' About

    A New Jersey federal judge has slammed an e-cigarette company for its "cavalier attitude" in a trademark lawsuit filed against it by Juul Labs, warning the accused infringer not to expect the court to tolerate "LOL" as a response to its orders.

  • February 14, 2020

    Retailers Aim To Take AmEx Arbitration Order To 2nd Circ.

    A group of retailers will ask the Second Circuit to let them continue pursuing antitrust allegations against ​​​​American Express in court despite a 2018 U.S. Supreme Court ruling that hurts the chances for their claims.

  • February 14, 2020

    4 Keys To Logistics Building Amid E-Commerce Boom

    Demand for logistics space near major cities is soaring as e-commerce customers come to expect same-day or even two-hour shipping, and lawyers say developers would be wise to keep several key points in mind as they consider building new facilities.

  • February 14, 2020

    Partner’s Call Shouldn't DQ Firm From Fraud Suit, Court Told

    A 24-minute phone call four years ago between the managing partner of Busch Slipakoff Mills & Slomka LLC and a mobile marketing company doesn’t warrant the firm’s disqualification from a $1.6 million fraud suit, the firm told a Georgia federal court.

  • February 14, 2020

    Taxation With Representation: Latham, Skadden, Wachtell

    In this week’s Taxation With Representation, Simon Property Group buys mall operator Taubman for $3.6 billion, Fidelity National and insurance provider F&G make a $2.7 billion merger, and Revolution Medicines makes a $238 million public debut.

  • February 14, 2020

    Beatles Win $77M Default Against No-Show Counterfeiters

    The operating group for the Beatles has won a $77 million default judgment in a trademark lawsuit filed in Florida federal court over Beatles-themed counterfeit goods after the nearly 80 accused online sellers never showed up to defend themselves.

  • February 14, 2020

    Nine West Trustee Says Jones Group Shareholders Stole $1B

    The successor indenture trustee for the bankrupt Nine West Holdings Inc. is suing the shareholders of the fashion company's predecessor Jones Group in California federal court, saying they engineered a deal to give themselves a $1.2 billion payout while saddling Nine West with debt.

  • February 13, 2020

    8th Circ. Sides With Iowa Dealership In Sex Discrimination Suit

    The Eighth Circuit ruled Thursday in favor of an Iowa used-car dealership accused of sex discrimination and retaliation, finding that a former sales associate hadn't alleged severe or pervasive enough behavior to affect her employment and also hadn't fully exhausted her administrative options before filing suit.

  • February 13, 2020

    6th Circ. Halts Nationwide Discovery In Opioid MDL

    The Sixth Circuit on Thursday paused nationwide discovery in the opioid multidistrict litigation as the panel considers a petition by pharmacies that claims the Ohio judge presiding over the litigation repeatedly flouted federal court rules.

  • February 13, 2020

    Serta IP Suit Wrongly Axed After Casper Deal, Fed. Circ. Says

    A New York federal judge was wrong to find that sleep products company Casper did not infringe Serta's mattress patents after the parties reached a $300,000 settlement, the Federal Circuit said Thursday.

  • February 13, 2020

    Parents Sue Evenflo Over 'Cynical' Booster Seat Marketing

    A California man sued Evenflo Co. Inc. in Ohio federal court Wednesday, claiming the children's car seat maker had duped him and other parents with misleading claims about the safety performance of the company's Big Kid booster seats during side-impact collisions.

  • February 13, 2020

    Dollar General Wrong To Sidestep Union, 8th Circ. Says

    Dollar General illegally refused to recognize or bargain with a union representing a handful of workers in Missouri, the Eighth Circuit ruled Thursday, backing the National Labor Relations Board's finding that the company violated federal labor law.

  • February 13, 2020

    Real Estate Rumors: Urban Edge, M&T Bank, Clayco

    Urban Edge Properties is reportedly paying $165 million for two Brooklyn properties, M&T Bank is said to have loaned $64.5 million for a Long Island multifamily project, and Clayco is reportedly close to a deal to pay roughly $60 million for a Chicago food processing plant.

  • February 13, 2020

    Firestar Diamond Trustee Sues Other Cos. Tied To Modi Fraud

    The liquidating trustee for three American diamond companies tied to Nirav Modi's $2 billion Indian bank fraud sued a handful of other U.S. companies involved in the scheme on Thursday, seeking to claw back tens of millions of dollars.

  • February 13, 2020

    Deals Rumor Mill: SoftBank, Goldman Sachs, Centerbridge

    SoftBank struggles to raise $108 billion for a second Vision Fund, Goldman Sachs' private equity arm seeks $8 billion for a new investment vehicle, and Centerbridge aims for $5 billion for its fourth private credit fund. Here, Law360 breaks down these and other rumors from the past week that you need to be aware of.

Expert Analysis

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Class Actions Are A Growing Risk For CBD Cos.

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    Warning letters issued by the U.S. Food and Drug Administration and the Federal Trade Commission have sparked a wave of class actions targeting CBD companies, which could reduce investment in the industry and lower the number of products in the marketplace, says Christopher Binns of Loeb & Loeb.

  • How Cos. Can Prepare For Heartburn Drug Cancer Claims

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    As legal claims mount following the U.S. Food and Drug Administration's recent announcement that traces of a carcinogen were found in a common antacid medication, companies that act soon have the best chance to shape the arc of litigation, say Michael Tanenbaum and Kelly Belnick of Tanenbaum Keale.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

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    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • Series

    Judging A Book: Humetewa Reviews 'Guilty People'

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    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

  • 7 Legal And Business Considerations For Influencer Marketing

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    Influencers, agencies, brands and their technology partners should formalize their marketing programs, policies and contract terms in order to comply with increased state and federal regulation, say Vejay Lalla and Shizuka Tiernan of Fenwick.

  • Del. M&A Ruling Shows High Bar For Determining Controllers

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    The Delaware Chancery Court recently rejected a stockholder challenge to the merger of Essendant and Staples, demonstrating that the court will consider a minority stockholder as a controller only when it actually exercises control over a company's business affairs, say attorneys at Fried Frank.

  • The US Product Liability Issues Spreading To The EU

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    U.S. product liability claims are increasingly replicated in the European Union as soon as there is a judgment against a manufacturer, service provider or retailer, and controversial products including glyphosate, talc, cannabis and opioids are particular areas to watch, say Sylvie Gallage-Alwis and Alice Decramer of Signature Litigation.

  • Cyber Liability Insurance Is Gaining Value For Cannabis Cos.

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    A recent cyberattack that exposed tens of thousands of cannabis dispensary customers' personal data underscores why cyber liability insurance is increasingly necessary for cannabis companies, but rising premiums highlight the importance of tailoring coverage to specific needs, say attorneys at Reed Smith.

  • Alphabet's Missteps Offer Crisis Management Case Study

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    Corporate strategy and communications surrounding the recent resignation of Alphabet's chief legal officer provide a remarkable example of what companies should not do in a crisis, says Jolie Balido at NewStar Media.

  • How Emotional Intelligence Can Benefit Transactional Attys

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    By investing in self- and social-awareness skills, transactional lawyers can make the negotiation process more productive and pleasant while also increasing post-deal stability, say Frank Williamson at Oaklyn Consulting and Mike Harrell at Latitude Advisors.

  • Colo. Wage Rules Present Big Employer Compliance Hurdles

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    Colorado’s new Overtime and Minimum Pay Standards Order contains the most sweeping revisions to the state’s wage standards in over 20 years, but certain aspects of the employee-friendly rules fail to address the administrative, financial and resource burdens imposed on employers, say Martine Wells and Craig Finger at Brownstein Hyatt.

  • Series

    Why I Became A Lawyer: Following A Serendipitous Path

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    I went to law school intending to pursue a career in politics, inspired by Ted Sorensen and Gary Hart — but learning to solve problems in a new and exciting way drew me to litigation, says David Goodman of Goodman Law Group Chicago.

  • 7 Ethics Questions To Ask Before Marketing Your Law Firm

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    While ethics rules for attorney advertising vary by state and are frequently updated, there are several basic principles that all firms should understand, says Michelle King at Reputation Ink.

  • Do's And Don'ts For Social Media Discovery In Louisiana

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    A Louisiana appeals court's recent decision in Arcement v. Blue Bayou Waterpark demonstrates that civil litigators seeking social media data in discovery should limit requests to subjects and time periods relevant to their case, since there is precedent for opposing overly broad requests, says Brett Venn at Jones Walker.