Retail & E-Commerce

  • June 21, 2021

    Crowell & Moring Can't Nix Walgreens' Malpractice Suit

    A D.C. judge has declined to throw out Walgreens' suit accusing Crowell & Moring LLP of breach of fiduciary duty, finding that the pharmacy has adequately alleged that the firm represented Humana in litigation against it after advising Walgreens on the same drug membership program.

  • June 21, 2021

    Ex-Amazon Manager Kicks Off California OT Bench Trial

    Attorneys for a former Amazon manager in California delivered opening statements Monday in a bench trial over claims that the retail giant shorted him overtime, arguing that the bulk of his work was not managerial, while Amazon said its ex-employee was disgruntled and vengeful as a result of his firing.

  • June 21, 2021

    Fed Circ. Revives Air Mattress Patent Fight At PTAB

    The Federal Circuit on Monday revived efforts by air mattress pump manufacturers to challenge a mattress patent at the Patent Trial and Appeal Board, just weeks before Amazon and other retailers are set to fight infringement claims over the same patent in parallel litigation in front of a Texas jury.

  • June 21, 2021

    Conn. Casino Owner Says Insurer Must Cover Pandemic Loss

    Another Connecticut casino resort has taken Factory Mutual Insurance Co. to state court, alleging that the insurer wrongfully refused to cover its millions of dollars in COVID-19-related losses when the policy specifically covers a communicable disease.

  • June 21, 2021

    Tilton-Zohar Fight Over Stila Cosmetics Returned To Chancery

    Business turnaround entrepreneur Lynn Tilton suffered a setback Monday in her Chancery Court fight to keep control of Stila Cosmetics, with a Delaware bankruptcy judge sending the case to Vice Chancellor Joseph R. Slights III after a briefly successful Tilton removal push.

  • June 21, 2021

    Nissan Can't Put Brakes On Ex-VP's Benefits Suit

    A Tennessee federal court gave a former Nissan vice president the green light to sue the car manufacturer and its retirement plan for denying him a six-figure benefits payout, rejecting Nissan's argument that the case should be tossed because the ex-exec never filed a written claim.

  • June 21, 2021

    Office Design Co. Investor Sues To Block $1.8B Merger

    Office decor company Knoll Inc. and its directors were hit with a lawsuit by an investor claiming the company's proposed $1.8 billion acquisition by Herman Miller Inc. is marred by lucrative insider deals and missing financial information.

  • June 21, 2021

    Albertsons Faces TCPA Class Claims Over Texts

    Grocery giant Albertsons Cos. has been hit with a proposed class action in California federal court for allegedly blasting noncustomers with unwanted robotexts in violation of the Telephone Consumer Protection Act.

  • June 21, 2021

    Calif. Co. Used Stolen Trade Secrets In Ad Platform, Suit Says

    Result Marketing Group has accused California-based brand marketing company Quotient Technology of using trade secrets stolen from Result to develop a sales and management platform worth millions for a grocery store holding company.

  • June 21, 2021

    5th Circ. Tosses Huawei's Challenge Over FCC Subsidy Ban

    The Fifth Circuit has dismissed Huawei Technologies Co.'s bid to block a Federal Communications Commission order prohibiting federal subsidies to U.S. telecom companies that buy equipment from the Chinese technology giant and others, ruling that the FCC appropriately determined it poses a threat to U.S. communications networks.

  • June 21, 2021

    Justices Reject Amazon Driver Wage Case

    The U.S. Supreme Court on Monday refused Amazon's request to review a First Circuit decision that found the company's delivery drivers can pursue misclassification claims in court because they fit the definition of transportation workers who are exempt from the Federal Arbitration Act.

  • June 18, 2021

    Businessmen Get Prison For Cannabis Bank Processing Con

    Two businessmen who were convicted of an elaborate scheme to let California marijuana company Eaze process transactions without getting flagged by banks were both sentenced to prison on Friday, for what the judge said was a "blatant, sophisticated fraud built on a mountain of lies."

  • June 18, 2021

    Ohio Focuses On Getting Google Declared A Common Carrier

    Ohio's attorney general is seeking to split up his brand-new state court lawsuit against Google, preferring to tackle a bid to declare the search giant as a common carrier first and only then turn to a measure to bar Google from promoting its own offerings over competitors' as "unfair discrimination."

  • June 18, 2021

    Mass. Pot Regulators Hit TILT, Ayr With Nearly $600K In Fines

    Multistate cannabis company TILT Holdings Inc. and a Massachusetts marijuana company owned by Ayr Wellness Inc. have agreed to pay combined total of nearly $600,000 in fines to Massachusetts' Cannabis Control Commission to settle allegations they violated the state's marijuana regulations.

  • June 18, 2021

    Fla. Wiretap Suits A 'Scheme,' Says Investment Firm

    Edward Jones Investments denounced a lawsuit over its marketing analytics software as part of a "calculated scheme" by plaintiffs' counsel to flood the Florida court system with identical complaints in search of a sympathetic judge.

  • June 18, 2021

    7th Circ. Blames 'Delinquent' Atty For Axed Home Depot Case

    A "delinquent" Illinois attorney who repeatedly missed court deadlines and appearances on behalf of a man suing Home Depot only has himself to blame for the case's dismissal with prejudice, the Seventh Circuit said.

  • June 18, 2021

    Louisiana AG Wants To Join Texas' Google Antitrust Suit

    Louisiana's attorney general has asked a Texas federal judge to let the Pelican State join an antitrust lawsuit from multiple states over Google's display advertising practices, saying it shares the same complaints against the online search giant.

  • June 18, 2021

    Attys Seek $6.9M For 'Trailblazing' Work On Fresh Market Suit

    Friedlander & Gorris and Robbins Geller are seeking roughly $6.9 million for what they say was "trailblazing" work as part of a proposed $27.5 million settlement to a Delaware Chancery Court suit over the $1.4 billion take-private sale of specialty grocery chain Fresh Market.

  • June 18, 2021

    Applicants Fight Amazon's Bid To Toss Illegal Drug Test Suit

    Applicants for warehouse sorting positions with Amazon have urged a New York federal judge to deny the company's bid to nix their proposed class action alleging the company violated New York City law by withdrawing their employment offers because they tested positive for marijuana.

  • June 18, 2021

    Real Estate Rumors: Wells, Value Store It, Empire Capital

    Wells Fargo and J.P. Morgan have reportedly loaned $250 million for a New York office condo, Value Store It is said to have paid $35 million for two Florida self storage properties, and an Empire Capital venture is reportedly under contract to pay $107 million for a New York office building.

  • June 18, 2021

    At Home's Top Investor Urges Rejection Of Take-Private Bid

    CAS Investment Partners, the largest shareholder in At Home Group, is asking fellow investors to join in on rejecting the home decor retailer's recently sweetened go-private deal with Hellman & Friedman, saying Friday the transaction significantly undervalues the target.

  • June 18, 2021

    DLA Piper Hires Former Milbank, Kirkland Restructuring Attys

    DLA Piper announced it had hired two attorneys to help bolster the firm's restructuring practice, with one lawyer working out of its New York office and the other based in Chicago.

  • June 18, 2021

    Web Tracking Service Beats Pa. Woman's Wiretapping Suit

    A company offering third-party tracking software for websites did not violate Pennsylvania's anti-wiretapping law because it did not intercept customers' data or receive it within the state, a federal judge has ruled.

  • June 18, 2021

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a blockchain company sue Bryan Cave Leighton Paisner, one of the world's largest sugar producers file an insurance claim and drinks giant Pepsi lodge two intellectual property complaints. Here, Law360 looks at those and other new claims in the U.K.

  • June 17, 2021

    Tech Co. Wants Justices To Review Nintendo Patent Ruling

    Technology company iLife has asked the U.S. Supreme Court to undo a Federal Circuit ruling striking its $10 million patent verdict against Nintendo, arguing that the justices need to establish the appropriate standard for determining whether a patent claim is directed to a patent-ineligible concept.

Expert Analysis

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • NJ Policyholders Could Still See Recovery For COVID Losses

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    Although New Jersey state and federal courts have decided the majority of dispositive motions in COVID-19 business interruption insurance cases in favor of insurers, policyholders retain a plausible path to recovery depending on the nature of their loss and the precise policy language at issue, say Lee Epstein and Matthew Goldstein at Flaster Greenberg.

  • COVID Rulings May Support Ransomware Insurance Denials

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    A recent spate of pandemic-related insurance decisions — where federal courts found that a temporary inability to use property doesn't qualify as physical loss or damage for coverage purposes — may be used as favorable precedent by cyber insurers denying ransomware loss claims for temporary inability to access data, say Thomas Caswell and Peter Kelly Golfman at Zelle.

  • Telehealth Must Contend With Compounded Medication Regs

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    Expanding telehealth and digital pharmacy options like Amazon Pharmacy — which have seen accelerated growth during the pandemic — are entering the compounded medication industry and face a complex, evolving compliance landscape, including state and federal laws and regulations, and standards developed by organizations, say Emily Hussey and Kelly Kearney at Reed Smith.

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

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    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • How To Assess Price Volatility Changes In SPAC Class Actions

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    Adjusting for changing volatility over a special purpose acquisition company's life cycle, as well as changes in marketwide volatility, is crucial for proper evaluation of market efficiency, loss causation and damages claims in securities class actions, say Alok Khare and Erica Rose at FTI Consulting.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • OSHA Considerations For Preventing Workplace Violence

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    As workplace violence disturbingly trends upward, employer compliance with Occupational Safety and Health Administration obligations begins with crafting and revising a strong zero-tolerance violence prevention policy to cover all workers, patients, clients, visitors, contractors and anyone else who may come in contact with the employer's personnel, say Dove Burns and Alexandra Simels at Obermayer Rebmann.

  • Employer Challenges After New OSHA Virus Guidance

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    The Occupational Safety and Health Administration’s recently updated COVID-19 guidance for non-health care industries describes protocols for protecting unvaccinated workers, but employers may face challenges in addressing issues the new advice fails to cover and adapting it to their unique workplace needs, says Gabrielle Sigel at Jenner & Block.

  • E-Filing Mistakes Could Jeopardize Third-Party Trade Secrets

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    As last month’s Epic v. Apple trial showed, errors made when e-filing discovery documents can expose the confidential information of third parties, but case law is not firmly established on whether these inadvertent disclosures may damage trade secret protections — a legal issue especially relevant in the video game industry, say Carolyn Martin and Robert Piper at Lutzker & Lutzker.

  • Opinion

    Judges Should Foster Diversity In MDL Leader Appointments

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    Through their powerful function as gatekeepers, judges should open the gate to minority practitioners when appointing leadership positions in widely influential multidistrict litigation and begin to correct the disparities that have long plagued the legal industry, say Majed Nachawati and Michael Gorwitz at Fears Nachawati.

  • High Court Could Deter 'Copyright Trolls' In H&M Case

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    If the U.S. Supreme Court upholds the Ninth Circuit's copyright infringement decision in Unicolors v. H&M, then knowingly providing incorrect information in a copyright application — without intent to defraud — will invalidate the registration, which could disincentivize frivolous lawsuits, say Lauren Katzenellenbogen and Adam Aquino at Knobbe Martens.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • How Trade Dress Law Has Evolved During COVID

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    As consumers return to in-store shopping and retailers shift strategies to boost products' shelf appeal, it's important to note that trade dress case law developments during the pandemic have emphasized a fine line between identity of brand and that of function, say Howard Hogan and Laura Mumm at Gibson Dunn.

  • Why Legacy Insurance May Not Protect Adopters Of Bitcoin

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    Evidenced by El Salvador's adoption of the Bitcoin standard this week, there is an emerging need for insurance products to cover the risk of owning and holding the digital asset, as it may not fall into the protected categories in legacy insurance products, say attorneys at Mound Cotton.

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