Retail & E-Commerce

  • September 24, 2020

    DoorDash Steers Users From Non-Partner Eateries, Suit Says

    DoorDash has been deceptively steering customers away from restaurants not partnered with the restaurant delivery service by falsely listing them as "closed" or "too far away" on its app, a St. Louis restaurant claimed Thursday, hitting the company with a proposed class action in California federal court.

  • September 24, 2020

    Pot Co. Says NJ Rival Can't Jump Line For Hoboken Spot

    Cannabis company Terrapin is accusing competitor Harmony Foundation of bypassing New Jersey's vetting process to open a medical marijuana dispensary in Hoboken, asking a court to revoke Harmony's application or force the company to be evaluated.

  • September 24, 2020

    Nevada Regulator Seeks 10-Year Ban For Pot Co.

    A Nevada dispensary is facing the revocation of its cannabis license and a 10-year ban from the industry after the state's cannabis regulator issued a complaint alleging the company lied to authorities about destroying some of its product.

  • September 24, 2020

    Panel Weighs 'Middle Ground' For COVID-19 Insurance MDLs

    The Judicial Panel on Multidistrict Litigation grappled Thursday with whether to create five multidistrict litigation cases to centralize COVID-19 business interruption suits against four insurers and a group of Lloyd's of London underwriters, an approach one policyholder attorney called a "sensible middle ground" after the panel refused to form one nationwide MDL.

  • September 24, 2020

    Ex-Cop Charged In EBay Cyberstalking Case To Plead Guilty

    A retired California police captain working security operations for eBay is the latest ex-employee of the e-commerce giant to indicate he will plead guilty for participating in a scheme to terrorize a Massachusetts couple over their blog's critical coverage of the company, according to a Thursday court notice.

  • September 24, 2020

    Coronavirus Litigation: The Week In Review

    Disney faces claims that it wrongfully barred a maskless autistic boy from one of its stores, a racing group says Coca-Cola used the pandemic to ditch a $34 million sponsorship agreement, and an ex-UPS worker says she was wrongfully fired for taking time off work to quarantine.

  • September 24, 2020

    AGs Defend Ky. Over Amazon Seller Price-Gouging Probes

    Over 30 attorneys general urged the Sixth Circuit on Wednesday to unblock Kentucky's investigations into Amazon merchants, arguing state price-gouging rules are a vital consumer protection tool amid the COVID-19 pandemic that do not unconstitutionally interfere with a retailer's right to set prices across state lines.

  • September 24, 2020

    Judge Calls Salon's COVID-19 Coverage Claim 'Nonsense'

    A California magistrate judge said a waxing salon's theory that its income loss was caused by state closure orders instead of COVID-19 is "nonsense," freeing Sentinel Insurance Co. and Hartford Financial Services Group from their alleged coverage duty.

  • September 24, 2020

    Mnuchin Backs PPP Auto-Forgiveness But Says To Still Apply

    Treasury Secretary Steven Mnuchin told senators on Thursday that he'd be on board with lawmakers authorizing simpler forgiveness for smaller Paycheck Protection Program loans, but he advised small-business borrowers not to play the waiting game.  

  • September 24, 2020

    Pa. Eatery Defying Mask Mandate Launches Suit At Officials

    The Pittsburgh-area restaurant under regulatory fire to shut down for defying a statewide COVID-19 mask mandate shot back with a lawsuit of its own, claiming the rule has no scientific backing despite its attorney acknowledging Thursday that the eatery's complaint "probably overstated" information doubting facial coverings' efficacy.

  • September 24, 2020

    Real Estate Rumors: Invictus, IMC Equity, Prologis

    Invictus Real Estate Partners has reportedly bought out its partner's stake in a Connecticut apartment complex in a deal valuing the property at $157 million, IMC Equity Group is said to be seeking permission to build a Miami mixed-use project and Prologis has reportedly dropped $12 million on a Chicago warehouse.

  • September 24, 2020

    Katten Adds Bankruptcy Partner In Dallas From Jones Day

    Katten Muchin Rosenman LLP has added a former Jones Day attorney with experience handling complex bankruptcy matters to its Dallas office in the latest in a string of new hires for its insolvency and restructuring practice.

  • September 24, 2020

    Supermarket Firm Says Ch. 11 Buyer Wants To Ax Union Deals

    The parent of the Kings Food and Balducci's supermarket chains Thursday asked a New York bankruptcy judge to allow the company to reject union contracts and pension obligations, saying they are standing in the way of the $75 million bid it has for the company.

  • September 24, 2020

    FTC Wrongly Got Docs In Auto Dealer DMS Suit, Court Told

    A technology provider that works with car dealerships has urged an Illinois federal judge to order the return or destruction of confidential materials it says wrongly got into the Federal Trade Commission's hands after serving as third-party testimony in an antitrust suit.

  • September 24, 2020

    Trump Admin. Asks Trade Court To Pause China Tariff Cases

    The Trump administration has asked the U.S. Court of International Trade to pause litigation in roughly 3,400 suits challenging tariffs on more than $300 billion of Chinese imports until the court decides how to manage the cases.

  • September 24, 2020

    Dyson Looks For Americas GC As Division's Top Atty Resigns

    The general counsel of the Americas division at Dyson has announced her plans to leave the company, which designs and manufactures vacuum cleaners and other household appliances, according to a recent post on LinkedIn.

  • September 24, 2020

    Feds Face 'Extremely Short' Deadline To Argue TikTok Ban

    A D.C. federal judge ordered the Trump administration to respond to TikTok by Friday afternoon if it wants to continue with its planned ban of the popular social media app on Sunday, a deadline the administration's attorneys called "extremely short."

  • September 23, 2020

    TikTok Seeks Quick Block Of Trump's Ban On App Downloads

    TikTok Inc. and its Chinese parent company ByteDance Ltd. urged a D.C. federal court on Wednesday to block the Trump administration's plans to outlaw U.S. downloads of the popular short-form video sharing app while a lawsuit over the ban plays out.

  • September 23, 2020

    Hertz Proposes Franchise Sales, New Financing In Del. Ch. 11

    Saying it needed to justify its footprint and offload a vehicle leasing affiliate's debt, The Hertz Corp. asked the Delaware bankruptcy court late Tuesday to approve plans to sell dozens of franchise territories as well as an agreement to support a non-debtor affiliate's sale of up to $400 million in asset-backed securities.

  • September 23, 2020

    Instacart Strikes Deal For Cornershop To Stop Image Scrapes

    Grocery delivery company Instacart on Wednesday reached an agreement with Uber-owned competitor Cornershop on the terms of a preliminary injunction that will bar Cornershop from scraping Instacart's platform of copyrighted product images and descriptions.

  • September 23, 2020

    Indiana Hemp Sellers Take Aim At New Smokable Hemp Ban

    A group of Indiana hemp businesses that sued the state over its ban on smokable hemp told a federal judge Tuesday they want to amend their suit to address the state's newest law on the products.

  • September 23, 2020

    Rawlings Hits Back On Bid To Deny False Ad Suit Coverage

    Rawlings Sporting Goods Co. Inc. on Wednesday took a swing at its insurer's bid to duck its counterclaims over coverage in a suit alleging Rawlings lied about the weight of its bats, saying the exclusion the insurer leans on applies only to antitrust claims, not the false advertising allegations in the underlying suit.

  • September 23, 2020

    Real Estate PE Firm Lands $107M For Conn. Apartments

    Real estate private equity company Invictus Real Estate Partners secured nearly $107.3 million in Freddie Mac financing to purchase a 464-unit apartment building in Norwalk, Connecticut, according to an announcement on Wednesday from the borrower's broker Jones Lang LaSalle Inc.

  • September 23, 2020

    NY AG Loses Lysol Price-Gouging Case Against Wholesaler

    A New York state court judge on Wednesday highlighted some of the limits enforcers face in pursuing accusations of pandemic-related price-gouging when she threw out a case over a wholesaler's alleged doubling of the price for Lysol Disinfectant Spray.

  • September 23, 2020

    Judge Says O'Reilly Tractor Fluid Settlement Needs Work

    A Missouri federal judge rejected an $8.5 million settlement deal meant to end a proposed class action accusing O'Reilly Auto Parts and two associated companies of improperly using the nickname of a retired John Deere product to sell their own tractor hydraulic fluid.

Expert Analysis

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • 5 Ways Retailers Can Mitigate Product Liability Litigation Risk

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    While courts sometimes hold retailers liable for injuries caused by products they sold but did not manufacture — as a California appeals court did recently in Bolger v. Amazon — retailers can implement a number of strategies to reduce product liability litigation risk, say Alexandra Cunningham and Elizabeth Reese at Hunton.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Series

    AGs In A Pandemic: Nessel Talks Michigan Drop Shippers

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    Michigan Attorney General Dana Nessel discusses her office's efforts to curb deceptive business practices by drop shippers — middlemen who entice purchasers using false or misleading information — and to educate consumers about the pitfalls of online shopping during the pandemic.

  • Va. Cos. Must Know The Limits Of COVID-19 Liability Waivers

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    Virginia businesses that require customers to sign liability waivers covering COVID-19-related injuries can still be held liable for negligence — but the right contractual language can help companies argue that the injured party assumed the risk of injury from the virus, say Ian Hoffman and Amy Johnson at Arnold & Porter.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Class Arbitration May Meet Its Demise At High Court This Term

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    While the Second Circuit’s 2019 opinion in Jock v. Sterling Jewelers and the Ninth Circuit’s recent decision in Shivkov v. Artex exemplify how two interrelated inquiries have rescued class arbitration, the U.S. Supreme Court will likely address the issues this term and extinguish the practice, say attorneys at McGuireWoods.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Chancery Ruling Offers Takeaways On Conflicts In M&A Sales

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    The Delaware Court of Chancery's recent decision in Rudd v. Brown — a challenge to Outerwall's $1.6 billion sale to Apollo — provides valuable insight in the context of conflicts of interest and director and officer fiduciary duties during M&A sales processes completed amid threats of activist-driven proxy contests, says Sawyer Duncan at King & Spalding.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Fashion Industry Adaptations Amid Trade War, Pandemic

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    The trade war with China and the global pandemic have created a Darwinian moment for the fashion industry, in which brands that diversify their supply chains, carefully monitor classification of their imported goods, and update their contracts are most likely to survive, say Danielle Garno and Heather Marx at Cozen O’Connor.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • Opinion

    State AG Enforcement Is Important For Workers' Rights

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    A recent increase in state attorney general labor and employment enforcement — including a challenge that prompted a New York federal judge to strike down the U.S. Department of Labor’s joint employer rule last week — sends an important message that worker protections are not easily revoked, says Catherine Ruckelshaus at the National Employment Law Project.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

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