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Retail & E-Commerce
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January 29, 2025
Co.'s Missing Signature Prevents Arbitration In Wage Row
A former home sales representative for a cosmetics company can keep her wage suit in court, a California state appellate panel ruled, affirming a lower court's ruling that the company failed to show it had a valid arbitration agreement with the worker because it didn't sign the pact.
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January 29, 2025
Retailers Back Intel, OpenSky In VLSI IP Fight At Fed. Circ.
A retail trade association has urged the Federal Circuit to affirm the U.S. Patent and Trademark Office's decision not to throw out a challenge to a VLSI chip patent that ended up being invalidated, saying there was nothing wrong with allowing Intel to join the fight.
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January 29, 2025
Texas-Led States Can Sue Google, Ad Tech Judge Says
A Texas federal judge refused to toss a state enforcer coalition's lawsuit accusing Google of monopolizing the display advertising placement technology market, rejecting Google assertions that the states lack standing to sue on behalf of their citizens in a case where trial now appears likely to be delayed.
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January 29, 2025
Amazon Says Docs FTC Wants For Prime Case Are Privileged
Amazon fired back in a discovery dispute in the Federal Trade Commission's case accusing the e-commerce giant of Prime subscription deception, saying the regulator is not entitled to documents tied to a company meeting because the records reflect legal advice and work product.
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January 29, 2025
Japanese Candy Biz Loses Trademark Fight With Rival Seller
A Japanese candy exporter failed Wednesday to sway Federal Circuit judges to overturn a trademark board ruling as part of its fight with a rival company over who can use the Japanese word for "feudal lord" in order to sell candy.
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January 29, 2025
Curaleaf To Pay $31.8M In Pot Farm Contract Row
A Michigan federal jury on Wednesday found that a pair of Curaleaf affiliates breached their contract with a cannabis farm, awarding the farm nearly $32 million in damages, while rejecting Curaleaf's counterclaims.
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January 29, 2025
Ga. Judge Cuts Atty Fees In Home Depot Class Settlement
A Georgia federal judge has granted final approval to a settlement between Home Depot Corp., Reliance Worldwide Corp. and a class suing over allegedly faulty water heater connector hoses but awarded class counsel $1.9 million in fees instead of the $2.1 million initially requested.
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January 29, 2025
Shopper Says Costco Adds Hidden Fees To Online Deliveries
Costco is the target of a proposed consumer class action alleging the membership retailer is reneging on promises to waive online delivery fees by adding hidden charges that make products bought through the company's e-commerce site more expensive than the same products sold in stores.
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January 29, 2025
Trump's Commerce Nominee Backs Maximalist Tariff Approach
President Donald Trump's nominee to lead the U.S. Department of Commerce voiced support for an expansive use of tariffs Wednesday, repeatedly telling lawmakers that new levies should be imposed to correct the "disrespect" U.S. businesses face in overseas markets.
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January 28, 2025
Trade Groups Dial Up Push For Congress To Pass Privacy Law
A broad coalition of business trade groups on Tuesday called on the newly installed Congress to enact a national data privacy framework that would preempt state laws, arguing that the move was necessary to promote competition and boost consumer confidence in the current age of rapid technological innovation.
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January 28, 2025
Staples Settles Out Of Visa, Mastercard Swipe Fee Battle
Staples on Tuesday settled out of an over decade-long antitrust battle lodged against Visa and Mastercard for allegedly overcharging merchants via swipe fees, leaving the payment card companies with one less retailer to face in trial this year over their alleged anticompetitive fee scheme.
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January 28, 2025
Amazon Says Too Late For Mass. Court's Expense Suit Take
Amazon said a delivery driver missed his chance to seek clarity on whether Massachusetts state wage law requires employers to compensate employees for work-related expenses, urging a Washington federal judge to pass on asking the Bay State's top court to weigh in.
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January 28, 2025
CFPB, Bank Orgs Rebuff Intervention Bid In Data Rule Fight
In a moment of agreement, the Consumer Financial Protection Bureau and a group of banking trade groups pushed back on Tuesday against a bid to intervene by two advocacy groups in a suit over the CFPB's small business lending data rule.
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January 28, 2025
Capri Investors Sue Over Scrapped $8.5B Tapestry Merger
Fashion brand giants Capri Holdings Ltd. and Tapestry Inc. misled investors about potential antitrust regulatory issues associated with their planned $8.5 billion merger that ultimately led to the deal's failure and investor losses, according to a proposed securities class action filed Tuesday in Delaware federal court.
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January 28, 2025
19 Republican State AGs Press Costco To End DEI Policies
A group of nearly 20 Republican attorneys general is urging Costco to end its diversity, equity and inclusion initiatives in the wake of President Donald Trump's recent executive order encouraging companies to end them, criticizing the initiatives as "discriminatory" and saying they fly in the face of recent U.S. Supreme Court precedent.
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January 28, 2025
Dolce & Gabbana Wants 'Worthless' NFT Outfit Suit Tossed
The U.S. division of Italian luxury fashion brand Dolce & Gabbana has urged a New York federal judge to toss a proposed investor class action accusing it of abandoning a nonfungible tokens project while retaining the more than $25 million that was used to fund it, arguing that the U.S. arm of the company was not at all involved in the project.
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January 28, 2025
Judge Says The Comfy Sweatshirt Injunction Wasn't Violated
The startup behind The Comfy, a large and heavy sweatshirt featured in an episode of "Shark Tank," failed Tuesday to convince a federal judge in Arizona that a rival was breaking an injunction by deliberately selling infringing sweatshirts on Amazon in an $18 million patent and trademark case.
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January 28, 2025
4th Circ. Wary Of Discrimination Claims In Pot License Row
The Fourth Circuit on Tuesday expressed skepticism about claims that Maryland's cannabis regulator discriminated against out-of-state entrepreneurs when it implemented a social equity program that gave consideration to applicants who attended one of six in-state colleges.
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January 28, 2025
Baker Botts Atty Says Inventor's Defamation Claims Are False
A Baker Botts LLP partner hit back Tuesday against a patent-licensing company executive's claims that she made defamatory statements about him related to infringement litigation over a patent for a mobile restaurant ordering app with personalized suggestions.
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January 28, 2025
Apple Can't Defend Google Revenue Deal In DOJ Search Case
A D.C. federal judge has refused to let Apple intervene to defend the billions it gets from Google to keep the search giant as the default for Safari browser, holding the iPhone maker waited too long to intervene in the Justice Department's monopolization lawsuit, and the company's involvement now would be too disruptive.
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January 28, 2025
Party City Seeks OK For Exec Private Security In Ch. 11
Bankrupt retailer Party City HoldCo Inc. Tuesday asked a Texas judge to approve up to $400,000 in spending on private security for its current and former senior employees, saying the recent killing of UnitedHealth's CEO has spurred threats of violence against the debtor's leadership.
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January 28, 2025
Guns Owners Urge Justices To Throw Out NY Carry Law
Members of the Gun Owners of America Inc. have petitioned the U.S. Supreme Court to overturn a New York carry law that the Second Circuit largely upheld last year, arguing that the lower appellate court's ruling "doubled down" on erroneous conclusions already vacated the last time the justices heard the case.
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January 28, 2025
Trader Joe's Accused Of Badly Stocked 401(k), High Fees
Grocery chain Trader Joe's mismanaged its retirement plan for employees to the tune of tens of millions of dollars, according to a potential class action filed Tuesday in Massachusetts federal court.
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January 28, 2025
Eminem IP Owners Sue Over Ford Dealer's 'Lose Yourself' Ads
Eminem's publisher hit a Ford dealership with a copyright infringement lawsuit in Michigan federal court, alleging the business used the rapper's hit "Lose Yourself" on TikTok and other social-media advertisements for a limited edition Detroit Lions Ford F-150 pickup truck without permission or obtaining requisite IP licenses.
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January 27, 2025
5th Circ. Wipes Out FTC Rule Targeting Auto Industry Scams
A split Fifth Circuit panel on Monday vacated the Federal Trade Commission's Combating Auto Retail Scams, or CARS, rule prohibiting bait-and-switch tactics and hidden charges in the car buying and leasing process, siding with car dealers and finding that the FTC didn't give adequate notice of the proposed rulemaking.
Expert Analysis
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.
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Best Practices For Influencer Trademark Protection
Though the Trademark Trial and Appeal Board recently decided that an influencer couldn't qualify for a retail services trademark registration for posting affiliate links to a third-party website, there are other trademark protections that influencers can pursue for their branding and marketing services, say attorneys at Nixon Peabody.
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Takeaways From Final Regulations For China Investment Ban
The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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A Look At 2024 NIL Rights And Economies In College Sports
Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.
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Unpacking CFPB's Unwieldy Buy Now, Pay Later Guidance
Both the Consumer Financial Protection Bureau's recent interpretive rule regarding buy now, pay later transactions, and its FAQ guidance, place providers in murky waters with the unenviable position of attempting to place a square, closed-end product in a round, regulatory framework meant for open-end products, say attorneys at Troutman Pepper.
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Patent Marking Steps After Fed. Circ. Opens Lanham Act Door
Following the Federal Circuit’s recent ruling in Crocs v. Effervescent, which seemingly revives private actors’ ability to bring false patent marking claims under the Lanham Act, marketing and legal teams should be careful to avoid advertisement language that implies nonexistent patent rights, says Jeffrey Ratinoff at Spencer Fane.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.