Retail & E-Commerce

  • March 05, 2021

    Zillow Beats Antitrust Suit Over Broker Collusion, For Good

    A New Jersey federal judge said a company won't get another opportunity to pursue antitrust claims that Zillow prominently displayed market value estimates that are lower than asking prices for some listings but not others, saying the business failed to tie such conduct to its inability to sell a Garden State mansion.

  • March 05, 2021

    Duval Real Estate Leaders Hope NYC Will Loosen Restrictions

    New York City is primed to offer a new clean energy financing option for developers, and real estate leaders at Duval & Stachenfeld hope this will be part of a broader move to loosen regulations and encourage more development. This is the second in a five-part series of Q&A's with female real estate leaders during Women's History Month, a year into the COVID-19 pandemic.

  • March 05, 2021

    Judge Greenlights Beauty Salon's COVID-19 Coverage Suit

    A California federal judge permitted a beauty salon's proposed class action seeking COVID-19-related insurance coverage to proceed, ruling that it's "plausible" the salon experienced "direct physical loss" after not being able to use its property due to government closure orders.

  • March 05, 2021

    'Magic' Over As Hasbro Beats Suit Over Limited Edition Packs

    Hasbro Inc. has triumphed over a proposed class action brought by Magic: The Gathering players who had their eBay orders for a limited edition card pack canceled, with a Georgia federal judge saying the plaintiffs cited no new evidence in their bid to undo her dismissal of the suit.

  • March 05, 2021

    DC Circ. Says It Can't Decide Kroger Union Access Fight

    A D.C. Circuit panel said on Friday it can't hear the United Food and Commercial Workers' challenge to a National Labor Relations Board ruling that Kroger legally called the cops on union agents in a Virginia store's parking lot because the union raised new arguments on appeal.

  • March 05, 2021

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

    The past week in London has seen Scotland's ferry services sue its insurer, Britain's new high-speed rail service face another contract challenge and an ex-Qatari prime minister's company hit with a new suit. Here, Law360 looks at those and other new claims in the U.K.

  • March 04, 2021

    Judge Rips Attys For Google, Users Over Privacy Arguments

    A California federal judge criticized counsel for both parties Thursday in a putative class action accusing Google of secretly tracking users' browsing activity on third-party mobile apps, saying their arguments on Google's motion to dismiss veered outside the pleadings.

  • March 04, 2021

    HEB Seeks Patent Trial Delay Due To Virus, PTAB, Weather

    Grocery store chain HEB asked a Texas federal judge to postpone an in-person jury trial in a patent fight over scan-and-pay technology, citing the COVID-19 pandemic, the state's recent weather crisis and a looming Patent Trial and Appeal Board decision.

  • March 04, 2021

    DOJ's 'Troubling' Theory Gains Walmart Allies In Opioid Case

    Business groups, a pro-business think tank and a drug store advocacy group have backed Walmart's attempt to torpedo the federal government's suit claiming the retail chain helped spur the nationwide opioid epidemic by failing to scrutinize suspicious prescriptions.

  • March 04, 2021

    Hagens Berman Atty Admonished For 'Reckless' Apple Slip

    A California federal magistrate judge admonished a Hagens Berman Sobol Shapiro LLP attorney Thursday who revealed information about commission rates that Netflix and HBO apparently pay to Apple that he learned through Apple's discovery documents, but declined to sanction the attorney.

  • March 04, 2021

    Pot Co. Says Trade Group Has No Stake In Maine License Row

    A Maine cannabis company with ties to pot giant Acreage Holdings Inc. has urged a federal judge not to let a local marijuana trade group intervene in a suit regarding the state's residency requirement for medical cannabis licensees, saying the group has no cognizable interest in the case.

  • March 04, 2021

    Amazon Says Parler Is 'Forum Shopping' Contract Breach Suit

    After suffering a defeat in its antitrust suit against Amazon in Seattle federal court and dropping the case, Parler filed a new breach of contract suit in state court in an "extreme attempt to forum shop," the tech giant said Wednesday as it removed the case to federal court.

  • March 04, 2021

    Hotels Say Expedia Shouldn't Join TravelPass Antitrust Suit

    Three hotel chains have urged a Texas federal judge to deny Expedia's bid to intervene in TravelPass' antitrust suit, which claims the chains conspired to keep it from bidding on search terms, saying TravelPass has already opposed releasing information about a private arbitration between the two booking companies.

  • March 04, 2021

    PTAB To Take A Look At Peloton Patent

    The Patent Trial and Appeal Board has agreed to review a small exercise bike maker's bid to review Peloton's computerized exercise system patent, adding another layer to a fight where the fitness giant is accused of stifling competition by forcing rivals to defend against patents it likely knows are invalid.

  • March 04, 2021

    Germ-X Maker Beats Hand Sanitizer False Ad Suit, For Now

    A California federal judge Wednesday tossed a proposed class action alleging Germ-X maker Vi-Jon Inc. mislabeled its hand sanitizer, finding the consumer "only pled a conjectural and hypothetical injury" but left room to amend the complaint.

  • March 04, 2021

    Deals Rumor Mill: Robinhood, Flipkart, Permira

    Robinhood is expected to file for an IPO that could value the online trading app at $20 billion, Indian e-commerce giant Flipkart is considering a SPAC merger, and Permira has offered to buy a $3.7 billion medical device maker. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • March 04, 2021

    Trader Joe's Rehires Worker Fired After COVID-19 Complaint

    Trader Joe's has rehired a worker at a New York City store who says he was fired for raising concerns to management about safety conditions during the COVID-19 pandemic, the worker's attorney confirmed, though the worker will not drop his unfair labor practice charge against the company.

  • March 04, 2021

    Detroit's Pot Licensing Preference For Locals Spurs Suit

    The city of Detroit is the latest municipality to face a lawsuit over its recreational marijuana licensing ordinance's preference for locals, with one would-be business owner saying the regulations unconstitutionally discriminate against other Michiganders.

  • March 04, 2021

    Keep Amazon COVID-19 Suit In State Court, NY AG Tells Judge

    New York Attorney General Letitia James wants her lawsuit accusing Amazon of failing to adequately protect city workers from the coronavirus sent back to state court, arguing Wednesday that the claims have no federal ties.

  • March 04, 2021

    Fla. Senate Panel OKs Marketplace Facilitator, Nexus Tax Bill

    A Florida Senate panel on Thursday unanimously passed a bill that would require remote sellers to collect and remit sales and use tax and expand the definition of retail sales to include marketplace facilitators.

  • March 04, 2021

    Bankruptcy Court's $1.2M Defective Tattoo Removal Suit Axed

    A California federal judge has reversed a bankruptcy court's decision to let an Australian woman sue U.S.-based cosmetics developer Rejuvi Laboratory in an Australian court over a defective tattoo removal product, ruling that the Australian court doesn't have jurisdiction.

  • March 04, 2021

    Post & Schell Failed To Disclose Docs In Arbitration, Suit Says

    A Post & Schell PC attorney representing Staples Inc. and Ryder Truck Rental in a case involving a 2004 truck crash should have disclosed additional insurance coverage that could have paid the rest of a crash victim's $1.4 million arbitration award, according to a lawsuit filed in Pennsylvania state court.

  • March 04, 2021

    UK Food Delivery Startup Deliveroo Eyes Dual-Class IPO

    Amazon-backed U.K. online food delivery company Deliveroo said Thursday it is eyeing a London Stock Exchange initial public offering that will include dual-class shares, following a U.K. proposal to ease rules on such voting arrangements in order to attract more technology companies.

  • March 04, 2021

    Antitrust Claims Against Under Armour Get Benched

    A Pittsburgh federal judge benched claims that Under Armour Inc. had broken false advertising and antitrust laws because a manufacturer of "bioceramic" textile treatments — intended to help athletes' muscles recover faster — hadn't adequately shown that it was a direct competitor in a relevant market.

  • March 04, 2021

    US Army Didn't Violate Trademark License, Fed. Circ. Says

    The Federal Circuit on Thursday rejected a lawsuit accusing the U.S. Army of violating a trademark licensing deal with an apparel company by sometimes refusing to approve projects — including an ad campaign featuring Dwayne "The Rock" Johnson.

Expert Analysis

  • Citibank Loan 'Blunder' Ruling Raises Appellate Issues

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    A New York federal court's recent ruling that Citibank could not claw back funds it mistakenly wired to Revlon lenders contains several legal issues an appellate court will likely review without deference to the lower court — and could lead to the lenders being ordered to return the payments, say attorneys at Ropes & Gray.

  • Opinion

    IRS Should Level The Field For R&D Tax Credits

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    A recent increase in denials of research and development tax credits to small businesses in the architectural, engineering and construction community shows the Internal Revenue Service should issue new guidance to ensure a fair playing field and an opportunity to continue innovating in the U.S., says Julio Gonzalez at Engineered Tax Services.

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Controversial Md. Digital Ad Tax Leaves Sourcing Undefined

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    Sending shockwaves through the industry and prompting a lawsuit, Maryland's recently enacted, first-of-its-kind digital advertising gross revenues tax also contains a significant ambiguity as to how revenue from digital ad services should be sourced, say Stefi George and David Blum at Akerman.

  • 3 Degrees Of Legalization Show True Prevalence Of Cannabis

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    The three degrees of state marijuana legalization regimes throughout the U.S. show that cannabis is only fully illegal in three U.S. states and one territory — not 14 states as some counts indicate — and even in those places, there are stirrings of change, says Julie Werner-Simon at Drexel University's Thomas R. Kline School of Law.

  • How Cos. Can Combat Knockoffs At And Beyond ITC This Year

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    To tackle knockoffs, the $500 billion criminal enterprise that economists predict will double by 2022 due to exponentially rising e-commerce and the pandemic's effects, brand-protective companies should deploy U.S. International Trade Commission remedies and a variety of alternatives, say Josh Pond and Preetha Chakrabarti at Crowell & Moring.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • Mitigate Key FCPA Risks With Tailor-Made Compliance

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    Multinational companies should take a pragmatic approach to Foreign Corrupt Practices Act compliance by being aware of key risk areas — such as inappropriate gift-giving, liability for third-party actions, and countries with recurring corruption issues — and implementing custom-designed procedures that evolve with their operations, says Howard Weissman at Miller Canfield.

  • 9th Circ. Ruling Could Limit Copyright Statutory Damages

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    After the recent Desire v. Manna Textiles decision tossing a statutory damages verdict in the Ninth Circuit, copyright plaintiffs there may no longer be able to multiply the number of available statutory damage awards per work based on the number of downstream infringers, says Matthew Gershman at Greenberg Traurig.

  • Kentucky Tax Talk: Important Bills To Watch This Session

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    A number of key bills have come out of Kentucky's 2021 legislative session that could significantly affect taxpayers, including legislation changing where tax challenges are filed, raising property taxes for businesses and expanding legal pari-mutuel gaming, say attorneys at Frost Brown.

  • Compliance Lessons From Newest Fla. Privacy Class Actions

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    To prepare for a new slate of privacy class actions, brought under Florida’s wiretapping statute against retailers using tracking software, companies should be assessing the placement, display and content of their technology disclosures and user agreements, say Ian Ross and Jorge Perez Santiago at Stumphauzer Foslid.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    USPTO Should Rethink Its Resistance To Political Slogan TMs

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    Considering the registrability of the Jan. 6 rallying cry "Stop the Steal" as a trademark, John Halski at Perkins Coie finds that the U.S. Patent and Trademark Office should adopt an approach that more clearly acknowledges that political slogans may function as trademarks in certain situations and that clearly identifies reasons for refusal.

  • A Wake-Up Call For Commercial Landlords Seeking Rent

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    A Massachusetts state court's recent decision in UMNV 205-207 v. Caffé Nero clearly distinguishes between the common law doctrines of frustration of purpose and impossibility, and shows that courts may apply these doctrines to discharge tenants' rent obligations during the pandemic despite initial litigation results favoring landlords, say attorneys at Seyfarth.

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