Retail & E-Commerce

  • July 17, 2024

    Commerce Tees Up Dumping Duties On 4 Countries' Melamine

    The U.S. Department of Commerce preliminarily found that foreign producers of a compound used to create plastic dishware, utensils and countertops were receiving government subsidies that gave them an unfair edge in the U.S. market.

  • July 17, 2024

    Wahlburgers-Tied Pickle Co. Settles Rival's Labeling Spat

    A pickle company told a New Jersey federal court that its suit accusing a rival of ripping off recipes to make mislabeled pickles for actor Mark Wahlberg's restaurant business has been settled. 

  • July 17, 2024

    Whirlpool Wants To Wash Away Service Plan Repair Claims

    Whirlpool asked a Washington federal judge to send a proposed consumer class action down the drain, saying the aggrieved customer can't claim she was deceived about the details of an extended repair plan for a dishwasher when the full terms have always been easy to find online.

  • July 17, 2024

    Stitch Fix Unravels Investor Suit Over 'Direct Buy' Biz Line

    A California federal judge has tossed, for now, a shareholder lawsuit brought against Stitch Fix Inc. alleging the personal styling platform's former and current executives misled investors about the impact of a new business line, saying the suit fails to plead any actionable false statements or knowledge of wrongdoing by the defendants.

  • July 17, 2024

    9th Circ. Scrubs Dismissal In Plant-Based Huggies Wipes Suit

    The Ninth Circuit on Wednesday partially reinstated a suit alleging that Kimberly Clark Corp.'s baby wipes mislead consumers into thinking they're made entirely from plant products, saying the district court wrongly considered the back label when dismissing claims regarding certain products.

  • July 17, 2024

    Steve Madden Raises IP, Libel Claims In Sandal Feud

    Steven Madden Ltd. has filed suit alleging Danish "affordable luxury" brand Ganni A/S falsely claimed two of the U.S. company's shoe designs infringed Ganni's intellectual property.

  • July 17, 2024

    CVS, Job Applicant Report Settlement In AI Lie Detector Suit

    CVS Health Corp. has reached a tentative settlement in a proposed class action accusing the retail pharmacy chain of secretly using artificial intelligence that functions as a lie detector in its online job applications, according to a filing in Massachusetts federal court Wednesday.

  • July 17, 2024

    Target Hit With Suit After Texas Infant Died In Baby Lounger

    Target and the makers of an infant lounger have been hit with a product liability lawsuit from a Texas couple who allege their 7-month-old daughter died after falling out of the device.

  • July 17, 2024

    Md. Justices Say Amazon Insurer Can Pursue Subrogation

    An insurer for Amazon can continue to pursue subrogation against subcontractors for a Baltimore warehouse construction project, the Maryland Supreme Court unanimously ruled, after the insurer said it covered Amazon for over $50 million worth of damage caused by severe weather.

  • July 17, 2024

    Chamber Of Commerce Urges Justices To Limit RICO's Reach

    Business groups including the U.S. Chamber of Commerce are urging the U.S. Supreme Court not to extend the scope of the Racketeer Influenced and Corrupt Organizations Act to include personal injury-related claims in civil suits, in a case over alleged false advertisement of hemp-derived CBD products.

  • July 16, 2024

    Green Dot Brass Hid Declining Biz And Fed Action, Suit Says

    The top brass at prepaid debit card company Green Dot Corp. has been hit with a derivative shareholder suit, alleging they concealed the company's faltering core business and a proposed consent order from the Federal Reserve Board over internal controls while board members sold millions of dollars worth of shares at inflated prices.

  • July 16, 2024

    Squishmallows' Build-A-Bear IP Suit Not Just Fluff, Court Says

    The Build-A-Bear Workshop toy company can't escape claims that its Skoosherz stuffed toys infringe the trade dress and copyright of Kelly Toys' popular Squishmallows, a California federal judge ruled, saying the complaint plausibly alleges substantial similarities between the two plushie brands.

  • July 16, 2024

    Skechers Targets LL Bean's Slip-On Shoes In IP Suit

    Privately held Maine retailer and lifestyle brand L.L. Bean Inc. is facing a lawsuit that accuses it of selling slip-on shoes that infringe heel design patents owned by footwear multinational Skechers USA Inc.

  • July 16, 2024

    FTC's In-House Kroger Case Delayed Until After Fed Suit

    Kroger and Albertsons are getting a limited respite from the Federal Trade Commission's looming in-house merger challenge after an agency administrative law judge agreed to delay the case, but only until immediately after an Oregon federal court fight plays out.

  • July 16, 2024

    Tesla Says Chinese Co. Sells 'Dangerous' Charging Adapter

    Tesla said on Monday that a Chinese company sells a "dangerous" charging adapter that lets owners of non-Tesla electric vehicles charge at its network, saying in a suit filed in California federal court that the device could injure consumers and damage the power infrastructure.

  • July 16, 2024

    Unilever Supplier Looks To Drag BP Into Shampoo Class Suit

    A Unilever supplier is trying to shift the blame in a lawsuit accusing it and the consumer goods behemoth of selling carcinogen-tainted dry shampoo, telling a Connecticut federal court that two of its suppliers, including BP, are actually the ones who should be held liable.

  • July 16, 2024

    NC Panel Affirms Property Tax Valuation For Ashley Furniture

    About 300 acres of property belonging to Ashley Furniture in North Carolina were properly valued at about $60 million for tax years 2018 and 2019, a state appeals court panel ruled Tuesday in favor of the state property tax commission.

  • July 16, 2024

    Judges Press Amazon On Its Duty To Guard Against Suicide

    Washington appellate judges on Tuesday challenged Amazon's argument that the e-commerce giant should be free from liability for selling sodium nitrite that buyers used to kill themselves, with one judge asking what other use a "small bottle" of nearly pure poison would have.

  • July 16, 2024

    Chancery OKs $42.5M Brookfield-GGP Settlement, $11.4M Fee

    Shareholders of mall operator GGP Inc. who sued in 2018 to stop its $9.25 billion acquisition by Brookfield Property Partners LP got the Chancery Court's nod Tuesday to settle the litigation for $42.5 million, including an $11.4 million fee for the plaintiffs' counsel and incentive awards for three shareholder plaintiffs.

  • July 16, 2024

    AIG Unit Must Face Mall's COVID-19 Coverage Claims

    An AIG unit must face claims that it is liable for a mall operator's losses from rent abatement agreements entered into with tenants during the COVID-19 pandemic, a California federal court ruled, also finding a material dispute about whether the policy's contamination exclusion bars coverage for pandemic-related losses.

  • July 16, 2024

    AI Robotics Investor Sues In Delaware For Duty Breaches

    A shareholder of a special purpose acquisition company that took artificial intelligence robotics company Berkshire Grey Inc. public filed a putative class action in Delaware's Court of Chancery late Monday against the company's officers and directors, seeking damages for breaches of fiduciary duty.

  • July 16, 2024

    Ex-CBD Exec Gets $533K In Fla. Investment Fraud Suit

    A Florida federal judge has awarded $533,600 to a former executive of a CBD company who alleged he was duped by his family members into investing, following a jury trial that ended with a mixed verdict.

  • July 16, 2024

    4th Circ. Rejects 'Untimely' Redo Request In Coverage Fight

    The Fourth Circuit has flatly rejected a request to reconsider whether an insurer must cover the maker of a wood treatment product in a suit over a man's cancer diagnosis following decades of exposure to the chemical, calling the motion "untimely."

  • July 16, 2024

    Cold Brew Co. Inks Deal To End IP Suit Against Mug Maker

    A Colorado federal judge has signed off on a cold brew equipment maker and insulated mug company's request to dismiss a trademark infringement suit after the companies agreed to end the fight and pay for their own costs.

  • July 16, 2024

    Judge Spikes Fee Bid Pending Edible Arrangements Appeal

    A Georgia federal judge is denying for now 1-800-Flowers.com's push to recover up to $4.3 million in attorney fees, as its rival Edible Arrangements LLC appeals a ruling that ended its trademark infringement suit against the company.

Expert Analysis

  • Microplastics At The Crossroads Of Regulation And Litigation

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    Though there are currently not many federal regulations specifically addressing microplastics as pollutants, regulatory scrutiny and lawsuits asserting consumer protection claims are both on the rise, and manufacturers should take proactive steps to implement preventive measures accordingly, say Aliza Karetnick and Franco Corrado at Morgan Lewis.

  • Recent Wave Of SEC No-Action Denials May Be Slowing

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    The U.S. Securities and Exchange Commission in March granted no-action relief to Verizon and others on the grounds that a director resignation bylaw proposal would mean violating Delaware law, bucking recent SEC hesitation toward such relief and showing that articulating a basis in state law is a viable path to exclude a proposal, say attorneys at Winston & Strawn.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • The Secret Sauce For Trademarking Viral Food Products

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    Three recent high-profile trademark disputes in the food industry illustrate the importance of protecting brands early — especially for any company aiming for viral fame — and underscore the value of intent-to-use applications, say Elliot Gee and Matthew Dowd at Dowd Scheffel.

  • Chanel TM Ruling Shows Resellers Must Tread Carefully

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    The Southern District of New York's recent jury verdict in Chanel v. What Goes Around Comes Around, in which Chanel brought trademark infringement and false association claims, serves as a reminder that businesses must routinely ensure their practices are protected by the first sale and fair use doctrines, say Stephen Barrett and Gabriela Rios at Wilson Elser.

  • Birkin Bag Case Carries Competition Lessons For Retailers

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    A recently proposed antitrust class action alleging that Hermès violated federal and California law when selling its iconic Birkin and Kelly handbags highlights some issues that other brands and retailers should consider, particularly given a prevailing landscape that seems to prioritize antitrust scrutiny, say attorneys at Holland & Knight.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • Fed. Circ. Ruling Shows Difficulty Of Proving Deceptive Intent

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    The Federal Circuit’s recent Freshub v. Amazon decision demonstrates how proving the deceptive intent requirement for inequitable conduct can be challenging, even when there is a five-year delay after abandonment before revival, say attorneys at BCLP.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Expect An Increase In Robinson-Patman Act Enforcement

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    Recent actions by the Federal Trade Commission and prominent lawmakers should be viewed as a harbinger of renewed scrutiny of price discrimination in all industries and a sign that Robinson-Patman Act investigations and enforcement actions are likely to see an uptick, say attorneys at Morgan Lewis.

  • Wave Of Final Rules Reflects Race Against CRA Deadline

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    The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.

  • 9th Circ. Arbitration Ruling Could Have Int'l Implications

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    In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.

  • Chancery's Carvana Suit Toss Shows Special Committee Value

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    The Delaware Chancery Court’s recent dismissal of a stockholder complaint against Carvana illustrates how special litigation committees can be a powerful tool for boards to regain control after litigation alleging a breach of fiduciary duty, say attorneys at Morgan Lewis.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

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