Retail & E-Commerce

  • August 07, 2024

    Judge Sanctions EEOC For Doc Delays In Long-COVID Suit

    A Colorado federal judge doubted Wednesday that the Equal Employment Opportunity Commission looked hard enough for a worker's communications with their doctor in a patient portal, awarding an appliance company attorney fees as sanctions for the agency's failure to turn over the documents sooner. 

  • August 07, 2024

    Judge Hints No-Show Amazon, Apple Plaintiff May Testify

    A Washington federal judge suggested Wednesday that the original lead plaintiff in an antitrust suit accusing Amazon and Apple of restricting iPhone and iPad sales may need to testify despite his lawyers wanting to drop him from the case, questioning if it would be fair to let the plaintiff continue to dodge long overdue discovery demands.

  • August 07, 2024

    NC Biz Court Bulletin: The Battles Making Summer Sizzle

    A 1983 championship basketball team's intellectual property rights and a public feud between Cadwalader Wickersham & Taft LLP and its insurer are among the legal battles that have kept North Carolina Business Court judges and Tar Heel state private practice attorneys busy this summer. In case you missed those and others, here are the highlights.

  • August 07, 2024

    Fed. Circ. Won't Rethink Amazon Patent Program Suit Revival

    The Federal Circuit issued an order Wednesday declining to hold a panel rehearing or a full court rehearing on its May decision to revive an electric outlet cover maker's declaratory judgment action over alleged infringement through Amazon's patent evaluation program.

  • August 07, 2024

    Lender Says Mogul's Privacy Concerns Stymying Trial Prep

    Attorneys for a lending agent pursuing a $127 million judgment from an auto parts mogul asked a Michigan federal judge Tuesday to deny the mogul and his bankrupt company's attempts to keep key documents private, saying the inability to share relevant information with their clients is hindering their ability to prepare for trial.

  • August 07, 2024

    6 Swipe Fee Plaintiffs 'Arbitrarily' Picked For 2025 Trial

    Six retailers including department store giant Target will go to trial in 2025 on claims that Visa and Mastercard overcharged them, a Manhattan federal judge said Wednesday, explaining that he arbitrarily chose from among 60 plaintiffs in a long-running, multibillion-dollar antitrust battle.

  • August 07, 2024

    Gun Cos. Exit Mexico's Suit As Judge Cites 'Thin' Mass. Ties

    A Massachusetts federal judge on Wednesday dismissed six U.S. gun companies from a suit over Mexican cartel violence after finding the alleged conduct has virtually no ties to the Bay State.

  • August 07, 2024

    FTC Asks Courts To Pause $8.5B Handbag Merger

    The Federal Trade Commission has asked a New York federal court to pause the planned $8.5 billion merger between the owners of Coach and Michael Kors while the agency conducts an in-house merger challenge.

  • August 07, 2024

    Hong Kong Co. Scores Default Win In $10M Face Mask Suit

    A New Jersey federal judge granted a Hong Kong firm a default win in its suit alleging a U.S. health company misappropriated a $10 million investment by overselling its ability to manufacture and sell face masks in the U.S. during the COVID-19 pandemic, ruling that the company has plausibly alleged its claims.

  • August 07, 2024

    Ohio AG Cites Search Ruling In Google Common Carrier Suit

    Ohio's attorney general pointed a state court judge Wednesday to a recent D.C. federal court decision declaring Google an illegal search monopolist, arguing the U.S. Department of Justice's win underscores why the internet giant should be banned from self-preferential treatment as a "common carrier."

  • August 07, 2024

    7th Circ. Keeps 3M PFAS Pollution Suit In State Court

    The Seventh Circuit on Wednesday rejected 3M's bid to send back to federal court a lawsuit brought by the state of Illinois alleging that the company polluted local waters with toxic "forever chemicals," saying a federal government contractor defense would be "wholly irrelevant" to the state's case.

  • August 07, 2024

    Davis Polk, Cooley Lead $1.5B Sale Of PetIQ

    Pet medication company PetIQ Inc., advised by Cooley LLP, on Wednesday announced plans to go private following its acquisition by private investment firm Bansk Group, led by Davis Polk & Wardwell LLP, in an all-cash deal valued at roughly $1.5 billion.

  • August 07, 2024

    Pool Co. Can't Get Atty Fees After Losing False Ads Trial

    A pool parts supplier on the hook for a $16 million false advertising and unfair business practices judgment isn't entitled to attorney fees in the case, a North Carolina federal judge has ruled, finding there's "no question" the winning party is its opponent given the eight-figure damages award.

  • August 07, 2024

    2 Chainz Snared By Pot Shop Investment Scam, Suit Says

    An investment company representing rapper 2 Chainz is suing a former cannabis company executive and others, alleging they scammed the rapper into investing in a dispensary without intending to pay back what was promised.

  • August 07, 2024

    GrubHub Must Face Restaurants' TM Infringement Suit

    Grubhub Inc. must face a proposed class action brought against it in Illinois federal court for allegedly using restaurants' trademarks without permission and listing them on its food delivery app without their consent, even though most of the lead plaintiffs have not registered the marks at issue.

  • August 06, 2024

    4 Takeaways From Landmark Google Search Ruling

    A landmark ruling in D.C. federal court Monday found that Google illegally maintains its search engine monopoly, and experts say the case could have broad implications for the company as well as the wider internet and shows how existing antitrust laws can apply to modern technology.

  • August 06, 2024

    Louis Vuitton Slams 'Prolific' TM Infringement At Conn. Market

    French luxury brand Louis Vuitton Malletier SAS is seeking statutory damages of up to $2 million per counterfeited mark from the operator of a Connecticut flea market where fake goods were repeatedly sold despite a June 2018 agreement to cease such activity, according to a federal lawsuit.

  • August 06, 2024

    CPSC Makes Moves On Powers Of Recall Over Amazon

    The U.S. Consumer Product Safety Commission's recent decision that Amazon is legally responsible for recalling hundreds of thousands of unsafe products sold on its site is a big step forward for the agency in its authority over online platforms that sell third-party products, although the opinion is still limited to the sorts of products at issue, attorneys say.

  • August 06, 2024

    9th Circ. Kills Trustee Fee Refunds After Justices' Ruling

    The Ninth Circuit on Tuesday reversed a district court decision that granted a partial refund of $600,000 in fees a tobacco distributor paid to the U.S. Trustee's Office, noting that the U.S. Supreme Court found in June that a disparity in fees paid by debtors in different jurisdictions was not to be remedied by returning overpayments.

  • August 06, 2024

    Amazon Seeks Early Exit From Military Service Bias Suit

    Amazon asked a Washington federal judge to end a proposed class action accusing it of demoting or terminating workers who take time off for military service, arguing that one of the plaintiffs was inadvertently fired while the other wasn't qualified for a promotion because he was "unprofessional."

  • August 06, 2024

    Wind Tower Co. Asks Full Fed. Circ. To Revisit Subsidy Duties

    A Federal Circuit panel wrongly concluded that a 10% depreciation rate for deducting costs related to manufacturing facilities set by Canadian law was an unfair trade subsidy that justified countervailing trade duties, a wind tower manufacturer told the court in seeking a rehearing.

  • August 06, 2024

    Dem Lawmakers Back FTC's Kroger-Albertsons Challenge

    A group of Democratic lawmakers is supporting the Federal Trade Commission in its suit to block Kroger's $25 billion acquisition of Albertsons, telling an Oregon federal judge in a friend-of-the-court brief that the agency's fears the deal would harm grocery workers and consumers are well-founded.

  • August 06, 2024

    Subway, Chick-Fil-A Ink Deals In Mystery Shopper IP Suit

    Subway and Chick-Fil-A Inc. have entered agreements with Fall Line Patents LLC to resolve the patent company's claims that they infringed its data management patent with their respective mobile apps, according to a pair of joint filings with the Eastern District of Texas.

  • August 06, 2024

    Wash. Appeals Court Reverses On Gas Chain Owing State Tax

    A Pacific Northwest gas station chain that issued fuel cards to customers must pay the Washington state business tax when cardholders purchase gas from other participating gas station chains as well as from nonparticipating chains, a state appeals court panel said Tuesday, reversing an earlier opinion.

  • August 06, 2024

    Home Depot Hired Cops To Target Migrants, Suit Says

    A union representing Latino workers sued the city of Chicago and Home Depot in Illinois federal court Tuesday, alleging that city police officers moonlighting as store security subjected migrants seeking day labor work near the home improvement store to excessive force and racist insults in violation of their civil rights.

Expert Analysis

  • Tailoring Compliance Before AI Walks The Runway

    Author Photo

    Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.

  • Recruitment Trends In Emerging Law Firm Frontiers

    Author Photo

    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • How Uyghur Forced Labor Law Affects Importing Companies

    Author Photo

    Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.

  • Series

    Glassblowing Makes Me A Better Lawyer

    Author Photo

    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • How Associates Can Build A Professional Image

    Author Photo

    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

    Author Photo

    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • What 4 Cyber Protection Actions Mean For Marine Transport

    Author Photo

    Several recent steps by the Biden administration are necessary to address the cyber threats that increasingly disrupt the maritime sector, but also impose new legal risks, liabilities and operating costs on the owners and operators of U.S.-flagged vessels and facilities, say attorneys at Holland & Knight.

  • Inside Antitrust Agencies' Rollup And Serial Acquisition Moves

    Author Photo

    The recent request for public comments on serial acquisitions and rollup strategies from the Federal Trade Commission and U.S. Justice Department mark the antitrust agencies' continued focus on actions that fall below premerger reporting thresholds, say attorneys at Paul Weiss.

  • Think Like A Lawyer: Always Be Closing

    Author Photo

    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk

    Author Photo

    A rare federal court decision under the Robinson-Patman Act, which prohibits certain kinds of price discrimination, highlights the antitrust risks faced by certain suppliers and is likely to be cited by future plaintiffs and enforcement officials calling for renewed scrutiny of pricing and discounting practices, say attorneys at Baker McKenzie.

  • Counterfeits At The Olympics Pose IP Challenges

    Author Photo

    With the 2024 Olympic Games quickly approaching, the proliferation of counterfeit Olympic merchandise poses a difficult challenge to the protection of intellectual property rights and the preservation of the Olympic brand's integrity, says Kimiya Shams at Devialet.

  • Series

    Playing Chess Makes Me A Better Lawyer

    Author Photo

    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

    Author Photo

    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

    Author Photo

    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

    Author Photo

    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Retail & E-Commerce archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!