Retail & E-Commerce

  • May 21, 2024

    Pacific Seafood Beats Crab Price-Fixing Claims, For Now

    A California federal magistrate judge on Tuesday dismissed a proposed class action claiming Pacific Seafood fixed the price paid to fishers for Dungeness crab in the Pacific Northwest but will allow the fisherman who filed the suit the opportunity to amend most of his claims.

  • May 21, 2024

    Bungie's Code Copying Claims Questioned At Seattle Trial

    A top product security engineer at Bungie told a Seattle federal jury on Tuesday that a hacker accused of exploiting a popular game to make cheat software likely never had access to the game's source code and acknowledged the game company hasn't seen the cheat code that it claims amounts to copyright infringement.

  • May 21, 2024

    Calif. Justices Doubt App-Based Drivers' Prop 22 Challenge

    Several California Supreme Court justices pushed back Tuesday against arguments by ride-hailing drivers that the Proposition 22 ballot measure carving out certain app-based workers from a worker classification law unconstitutionally runs afoul of the Legislature's authority, with one justice saying their position could "freeze out" voter-approved initiatives.

  • May 21, 2024

    California Atty Takes Aim At Rhode Island Cannabis Program

    A California lawyer who has challenged state and local cannabis licensure programs across the country is accusing Rhode Island marijuana regulators of designing a plan to award cannabis retail licenses that unconstitutionally discriminates against out-of-state players.

  • May 21, 2024

    Wawa, Sherwin-Williams Beat Paint Slip-And-Fall Suit

    Gas station chain Wawa Inc. and paint maker Sherwin-Williams Co. can't be held liable for injuries a New Jersey man sustained after slipping on a yellow parking lot line, a state appeals court ruled, calling the plaintiff's expert report "speculative and unsupported" by the facts.

  • May 21, 2024

    Eye Drops Must Sell On Even Terms Under Rare Antitrust Win

    A California federal judge cemented a rare win under a little-used antitrust law, following up on a December jury verdict against an eye drops company with a decision barring it from offering Costco better terms than the retail wholesaler plaintiffs.

  • May 21, 2024

    Molson Coors' Mimosas More Water Than Wine, Suit Says

    Two consumers hit Molson Coors Beverage Co. with a proposed class action Monday in Missouri federal court, alleging that the company's mimosa drinks are misbranded because they are not made with sparkling wine but rather made with sparkling water and sugar and contain only small amounts of orange juice.

  • May 21, 2024

    Texas Court Questions Luxottica On 'Playing Favorites' In Sale

    A Texas appellate court on Tuesday asked whether an eyewear conglomerate was "playing favorites by not disclosing" alleged fraud by its franchisees in a sale of two stores to other franchisees, questioning Luxottica's assertion it had to keep its hands off the transaction.

  • May 21, 2024

    Groups Push For Official USMCA Interpretation To Nix Claims

    Nearly three dozen left-leaning groups are urging North American trade officials to issue an official interpretation of a disputed provision in the U.S.-Mexico-Canada Agreement, which they say could help nix claims seeking billions of dollars that are pending against all three countries.

  • May 21, 2024

    Apple Tees Up Bid To Toss DOJ IPhone Monopoly Suit

    Apple argued that it has the right to choose how it does business in a preview Tuesday of its upcoming explanations for why a New Jersey federal judge should dismiss the Justice Department lawsuit accusing the iPhone maker of restricting third-party app access to monopolize the smartphone market.

  • May 21, 2024

    CohnReznick Adds PwC Partner To International Tax Practice

    CohnReznick has a new principal in its international tax practice who previously served as a partner at PwC, the firm announced.

  • May 21, 2024

    FTC Chair Khan Says Corporate Concentration Creates Fear

    Federal Trade Commission Chair Lina Khan said Tuesday that corporate concentration creates fear for many Americans, including small businesses that rely on digital gatekeepers like Google and Amazon.

  • May 21, 2024

    22 States Tell 11th Circ. Corp. Transparency Act Goes Too Far

    The federal Corporate Transparency Act unconstitutionally displaces state authority and its enforcement would economically harm states and their residents, attorneys general from 22 states told the Eleventh Circuit, urging it to uphold a ruling that struck down the law.

  • May 21, 2024

    Tuna Buyers Seeking $1B In July Price-Fixing Trial

    Tuna buyers who are taking StarKist, its parent company and a private investment firm that put money into Bumble Bee Foods to trial on allegations of conspiring to hike the price of the tinned fish will be asking for over $1 billion in damages once all is said and done.

  • May 21, 2024

    Feds Say Importer Can Get Domestic Steel, Instead Of Duty Relief

    The U.S. Department of Commerce defended its refusal to exempt a steel company from potentially millions of dollars worth of national security tariffs, saying it was swayed by evidence that the company could source materials domestically.

  • May 21, 2024

    Martha's Vineyard Pot Shop Battles State Transportation Rules

    A shuttered Martha's Vineyard cannabis dispensary said Tuesday that Massachusetts regulators are overreaching by banning the transport of marijuana over state territorial waters, arguing that the move has threatened permanent closure for the island's only retail location and a return to illicit sales during the impending summer vacation season.

  • May 21, 2024

    Indonesian Mattress Cos. Say Duties Are Based On Irrelevant Info

    Indonesian mattress producers called on the U.S. Court of International Trade to unwind anti-dumping tariffs that they claim were based on financial information from a company with completely dissimilar operations.

  • May 21, 2024

    Fanatics Atty Rejoins Cleary As Debt Finance Partner

    An in-house attorney for global sports enterprise Fanatics Holdings Inc. is returning to private practice at Cleary Gottlieb Steen & Hamilton LLP, where he began his legal career.

  • May 21, 2024

    Altria Unit Fights Bids To Toss Illegal Vape Sale Suit

    Altria Group Inc. subsidiary NJOY LLC is fighting a pair of bids to dismiss its suit seeking to block illegal sales of flavored vapes, saying it has shown both how it has been harmed by their sale and how preventing the sales would redress its injuries.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 21, 2024

    Skadden Reps MasterBrand On $520M Supreme Cabinetry Buy

    Skadden Arps Slate Meagher & Flom LLP is guiding Ohio-based cabinetry company MasterBrand Inc. on a newly inked plan to buy Minnesota-based competitor Supreme Cabinetry Brands Inc. from private equity firm GHK Capital Partners LP for $520 million, MasterBrand said in a Tuesday statement.

  • May 20, 2024

    Kraft Hit With False Ad Suit Over Citric Acid In Mac & Cheese

    The Kraft Heinz Food Co. was hit with a proposed class action by a customer who alleges that the company falsely labels its Kraft Mac & Cheese products as containing no preservatives despite citric acid being part of the ingredients list.

  • May 20, 2024

    Alibaba Resists Class Cert. Over Failed Ant Group IPO

    Chinese e-commerce company Alibaba has again urged a New York federal judge not to certify a class of investors who claim they weren't warned about regulatory risks Alibaba faced in the lead-up to a $34 billion initial public offering of its fintech affiliate, saying the suit's challenged misstatements did not affect Alibaba's stock price.

  • May 20, 2024

    Fla. Pet Store Wins $53K Atty Fee Award In Explicit Video Suit

    A Florida state court judge has awarded the operators of a pet store nearly $53,000 in attorney fees defending against a lawsuit over sexual harassment and gender discrimination after a manager allegedly showed a video of his genitalia to an underage female employee while on the job.

Expert Analysis

  • High-Hazard Retailers: Are You Ready For OSHA Inspections?

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    In light of a bill introduced this month in Congress to protect warehouse workers, relevant employers — including certain retailers — should remain aware of an ongoing Occupational Safety and Health Administration initiative that has increased the likelihood of inspection over the next couple of years, say Julie Vanneman and Samantha Cook at Dentons Cohen.

  • Lessons On Challenging Class Plaintiffs' Expert Testimony

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    In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Del. Dispatch: Chancery's Evolving Approach To Caremark

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    Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.

  • Why Employers Shouldn't Overreact To Protest Activities

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    Recent decisions from the First Circuit in Kinzer v. Whole Foods and the National Labor Relations Board in Home Depot hold eye-opening takeaways about which employee conduct is protected as "protest activity" and make a case for fighting knee-jerk reactions that could result in costly legal proceedings, says Frank Shuster at Constangy.

  • ITC Ruling Has Serious IP Implications For Foreign Imports

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    While a recent U.S. International Trade Commission decision is a win for trade secret owners who can show injury to a U.S. domestic industry, the decision also means that companies operating in foreign jurisdictions will be subject to the requirements of U.S. trade secret law, say Paul Ainsworth and Cristen Corry at Sterne Kessler.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • TTAB Ruling Raises Foreign-Language Mark Questions

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    The Trademark Trial and Appeal Board's recent decision to cancel the Veuve Olivier registration due to its similarity to Veuve Clicquot brings new focus to the treatment of foreign terms and the doctrine of foreign equivalents, say attorneys at Finnegan.

  • Best Practices To Accommodate Workplace Service Animals

    Excerpt from Practical Guidance
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    Since the U.S. Equal Employment Opportunity Commission recently pledged to enforce accommodations for people with intellectual, developmental and mental health-related disabilities, companies should use an interactive process to properly respond when employees ask about bringing service animals into the workplace, say Samuel Lillard and Jantzen Mace at Ogletree.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • Opinion

    State-Regulated Cannabis Can Thrive Without Section 280E

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    Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.

  • 4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule

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    If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.

  • 8 Legal Issues Influencing Investors In The Creator Economy

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    The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • CFPB Reality Check: Video Game Cash Is Still Money

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    The Consumer Financial Protection Bureau's recent report examining payments within online video games indicates that financial services offered within the game marketplace are quickly evolving to the point where they are indistinguishable from traditional financial services subject to regulation, say attorneys at Sheppard Mullin.

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