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Retail & E-Commerce
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July 19, 2024
Prince Lobel Fires Atty Following Misconduct Investigation
A former general counsel for the Boston Cannabis Board turned chair of Prince Lobel Tye LLP's restaurant and hospitality group has been terminated by the Boston firm following an investigation, the firm confirmed to Law360 Pulse on Friday.
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July 19, 2024
OK Foods, Consumers Reach Deal In Chicken Price-Fixing Suit
Consumers accusing the nation's largest broiler chicken producers of coordinating and limiting chicken production to raise prices have told an Illinois federal judge that they've reached a settlement in principle with O.K. Foods, O.K. Farms and O.K. Industries.
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July 18, 2024
Insults Fly As Attys Beef Over Ex-NFL Player's Sex Abuse Suit
Attorneys for an ex-NFL player and the former controller for his reptile shipping company accused each other of stonewalling, dishonesty and running up litigation costs at a hearing Thursday, where a Colorado state judge largely ignored the lawyers' "speeches" and urged them to confer more meaningfully.
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July 18, 2024
Epic Says Apple's 'Strategic Delay' Tactics Still Ongoing
The ongoing fight between Epic Games and Apple over the tech giant's compliance with a court order meant to open up app payment competition showed little sign of abating as Epic continued to blast Apple for slow and incomplete production.
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July 18, 2024
Conn. Lawyer Group Wants In On Baby Injury Case
A group of Connecticut defense lawyers Wednesday told the state supreme court that they should be allowed to address issues in a suit involving a car seat that allegedly injured a child since its decision will affect whether state law holds that companies can be held liable for the absence of a child's relationship with their parents.
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July 18, 2024
Commerce Finalizes More Triple-Digit Mattress Duties
The U.S. Department of Commerce has announced its final determinations in anti-dumping investigations covering mattresses from four countries, with rates between 4.61% and 344.70%, and cleared Indonesian producers of countervailing duties, finding they benefited minimally from subsidies.
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July 18, 2024
Live Nation Previews Part Of Case Against DOJ Suit
Live Nation and Ticketmaster have teed up part of their fight against an antitrust lawsuit brought by the U.S. Department of Justice and multiple state attorneys general, arguing that the state law claims are "threadbare" and that a chunk of the DOJ case amounts to trying to force them to deal with competitors.
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July 18, 2024
LegitScript Asks 9th Circ. To Ax Price-Checker Antitrust Suit
LegitScript has told the Ninth Circuit that PharmacyChecker cannot bring antitrust claims for allegedly having its price-checking website blacklisted because the bulk of its business is geared towards helping people illegally import prescription drugs.
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July 18, 2024
FDA Sends More Warnings Over THC 'Copycat' Snacks
The U.S. Food and Drug Administration warned six companies to stop selling delta-8 edibles that resemble brand-name snacks such as Skittles, Chips Ahoy, Cheetos and Oreos, saying the lookalikes can fool "children or unsuspecting adults" and pose a real health hazard.
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July 18, 2024
Fed. Circ. Won't Deflate Air Mattress Patent Upheld At PTAB
The Federal Circuit on Thursday affirmed the Patent Trial and Appeal Board's conclusion that no claims of a Sun Pleasure Co. air mattress patent are invalid based on the grounds asserted by a Chinese company.
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July 18, 2024
Ex-Cop With Illness Spared Prison In EBay Harassment Case
A federal judge on Thursday agreed to spare a former California police captain and eBay employee from prison for a stalking and harassment campaign against two Massachusetts journalists, citing the defendant's cancer diagnosis and blaming the ordeal on "a warped corporate culture."
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July 18, 2024
Urban Outfitters Freed From Class Claims Over 'Spy Pixels'
A Pennsylvania federal judge said an Arizona woman lacked standing to bring a class action against clothing retailer Urban Outfitters over its alleged use of "spy pixels" to track customer activity because she failed to show a violation of that state's recording laws.
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July 18, 2024
Chancery Strains To Unwrap Shareholder's Amazon Order
A Delaware Chancery Court vice chancellor struggled on Thursday to wrap her head around a shareholder's demand for corporate documents to probe antitrust allegations at Amazon.com Inc. after a magistrate's report found the shareholder had not presented enough evidence to force the retailer to open its books.
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July 18, 2024
Avatar-Maker Draws Facial-Scan BIPA Suit
Avatar company Ready Player Me Inc. has been hit with proposed class claims that it creates Illinois users' digital characters by scanning, storing and using their facial data without first obtaining informed consent.
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July 18, 2024
Court Denies Bid To Halt NYC Crackdown On Illicit Pot Shops
A New York federal judge on Thursday rejected a bid from 27 retailers to halt city officials' enforcement efforts aimed at closing stores that sell cannabis without a license, saying the shops were unlikely to prevail on claims their due process rights were violated.
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July 18, 2024
Trade Court Dumps Tile Duties Set After Secretive Meeting
A U.S. Court of International Trade judge overturned duties on marble-topped tile from China on Thursday, holding that federal officials failed to divulge the specifics of a closed-door meeting with a U.S. tile producer related to their investigation.
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July 18, 2024
Most Top US Cos. To Report Tax Under Aussie Bill, Study Says
Australia's Senate is expected to consider adoption next month of the world's most extensive public country-by-country reporting rules, which would require 51% of large U.S. multinational corporations to disclose tax arrangements retroactively from July 1, according to a study published Thursday.
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July 18, 2024
Deals Rumor Mill: Google, StandardAero, Sony
Google parent Alphabet is nearing a $23 billion Wiz buy, PE firms circle StandardAero at a potential $10 billion price, and Sony backs away from Paramount after the Skydance deal. Law360 breaks down these and other notable deal rumors from the past week.
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July 18, 2024
Pool Co. Wants To Dig Into Rival's Alter Egos For $16M Verdict
Pool supply company Hayward Industries Inc. is looking to force responses from the alter egos of bankrupt rival Blueworks Corp. regarding their assets, bank accounts and property so that Hayward can collect on its $16 million false advertising and unfair business practices judgment.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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What's On The Horizon In Attorney General Enforcement
A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.
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2nd Circ. Ruling Will Guide Social Media Account Ownership
The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.
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Del. Segway Dismissal Suggests Execs Not Liable For Biz Risk
While the debate continues within the Delaware Chancery Court over whether Caremark liability applies to matters of pure business risk, the court's recent rejection of Segway’s suit against the ex-president who oversaw financial difficulties suggests the court is uninterested in undermining the deference the business judgment rule grants corporate fiduciaries, say attorneys at Dechert.
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Exporters Should Approach Self-Disclosure With Caution
A January Bureau of Industry and Security memorandum created an abbreviated process for disclosing export control violations that lack aggravating factors, but deciding which disclosure method to utilize remains a complex strategic undertaking to which companies must give careful consideration, say attorneys at Covington.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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Freight Forwarders And Common Carriers: Know Your Cargo
Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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A Refresher On Alcohol Sponsorships Before The Super Bowl
As millions of people will see in Super Bowl commercials Sunday, celebrity sponsorships continue to be a valuable tool for alcohol beverage marketers — and those looking to better target audiences must understand how regulation of the alcohol industry affects these deals, say attorneys at McDermott.
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Opinion
Food Safety Bill Needed To Protect Kids From Heavy Metals
The recent announcement by the Centers for Disease Control and Prevention that hundreds of children may have been exposed to unsafe lead levels in applesauce highlights the continuing failure by Congress to pass legislation that would require baby food manufacturers to ensure safer levels of heavy metals in their products, says Vineet Dubey at Custodio & Dubey.
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What Brands Must Know For Calif. Recycle Label Compliance
A brand that stamps nonrecyclable packaging with the chasing arrows symbol could face liability under California's new law on labeling recyclable material, so brand owners should keep an eye on the state's pending survey process to identify which materials meet the criteria before requirements go into effect, say attorneys at ArentFox Schiff.
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Del. Dispatch: Clarification On Fiduciary Duties Of Controllers
The Delaware Chancery Court’s January opinion in a Sears Hometown and Outlet Stores' stockholder dispute — holding that a controlling stockholder owes the company and minority shareholders some fiduciary duties when selling shares or voting to change the status quo — suggests instances where investors opposing board decisions should tread carefully, say attorneys at Fried Frank.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Amazon's €32M Data Protection Fine Acts As Employer Caveat
The recent decision by French data privacy regulator CNIL to fine Amazon for excessive surveillance of its workers opens up a raft of potential employment law, data protection and breach of contract issues, and offers a clear warning that companies need coherent justification for monitoring employees, say Robert Smedley and William Richmond-Coggan at Freeths.
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Expediting Psychedelics Approvals In The EU, UK, Australia
Accelerated pathways for regulatory approvals for psychedelic drugs in the European Union, U.K. and Australia is indispensable to facilitate a seamless advancement of treatments from the research environment to the consumer, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.
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Assessing Merger Guideline Feedback With Machine Learning
Large language modeling appears to show that public sentiment matches agency intent around the new merger control guidelines from the Federal Trade Commission and U.S. Justice Department, says Andrew Sfekas at Cornerstone Research.