Retail & E-Commerce

  • June 05, 2024

    Paddle Co. Misrepresented Pickleball Products, Suit Says

    The makers of the Joola brand, a major name in table tennis, falsely advertised many of their pickleball paddles, including some bearing athlete Ben Johns' name, as approved for tournament play in order to rapidly gain market share in the sport, according to a proposed class action filed in Florida federal court Wednesday seeking at least $5 million.

  • June 05, 2024

    NY Judge Says Block, Intuit Are Part Of Visa Antitrust Deal

    Intuit and the company behind Square payment technology may be blocked from most swipe-fee antitrust claims against Visa and Mastercard under a newly unsealed New York federal court decision holding that the companies can't have opted out of a merchant settlement because they were never part of that class.

  • June 05, 2024

    Hertz Hit With Shareholder Suit Over Costs Tied To EVs

    Car rental giant Hertz Global Holdings Inc. and two Hertz executives are facing a proposed investor class action in Florida federal court alleging the company hurt investors by overhyping demand for electric cars only later to announce a nearly $200 million hit to earnings as it worked to offload electric vehicles.

  • June 05, 2024

    Microsoft Blasts Gamers' Bid To Add To Activision Appeal

    Microsoft Corp. says the Ninth Circuit should reject a "bevy of additional, extra-record 'facts'" seeking to hold up the recent layoffs of 1,900 Activision and Xbox employees as proof that the tech giant's acquisition of Activision Blizzard Inc. was anticompetitive.

  • June 05, 2024

    FCC Looking Into Reports Of AT&T Wireless Service Outage

    The Federal Communications Commission said it is trying to find out what happened when AT&T wireless customers lost service in several states Tuesday due to what the company described as an interoperability problem.

  • June 05, 2024

    Epic Accuses Apple Of Stalling Antitrust Doc Production

    Epic Games accused Apple Inc. at a hearing Wednesday of dragging its feet on producing internal documents that a California federal judge recently ordered the tech giant to hand over to help decide if Apple complied with her ban on App Store anti-steering rules.

  • June 05, 2024

    Davis Polk Guiding Dollar Tree On Potential Family Dollar Sale

    Davis Polk & Wardwell LLP is representing Dollar Tree Inc. in a formal strategic review of its Family Dollar business that could lead to a sale, spinoff or other disposition, the Virginia-based retailer revealed Wednesday.

  • June 05, 2024

    Google Hit With IP Suit By Textbook Cos. Over Pirated Books

    A group of textbook publishers hit Google LLC with a copyright and trademark infringement lawsuit Wednesday in New York federal court, accusing the tech giant of allowing advertisements from websites that allegedly sell pirated books and ignoring take-down requests from the publishers for years.

  • June 05, 2024

    NY Cannabis Head Looks Ahead Following Critical Audit

    The chair of New York's cannabis regulatory body told stakeholders Wednesday at a marijuana business expo that the agency was working to streamline its operations following an investigative audit ordered by the governor's office that blasted the office for inefficiencies.

  • June 05, 2024

    HanesBrands Selling Champion To Authentic For Up To $1.5B

    HanesBrands said Wednesday it has agreed to sell its Champion business to Authentic Brands Group for up to $1.5 billion, under the guidance of Kirkland & Ellis LLP and Jones Day.

  • June 04, 2024

    Fed. Circ. Mulls Whether To Undo $13M Jury IP Verdict

    NCR Corp. has a "tough burden" on its shoulders if it wants to prove that the evidence a jury relied on to deliver a $13 million jury verdict against the company for infringing two payment processing patents was not substantial enough, a Federal Circuit judge said Tuesday.

  • June 04, 2024

    NBA-Tied NFT Co. To Pay $4M Over Buyers' Securities Claim

    A New York federal judge on Tuesday gave initial approval to a proposed $4 million settlement between the firm behind NBA-focused non-fungible tokens and a class of purchasers who accused the digital assets company of selling the digital assets as unregistered securities.

  • June 04, 2024

    7th Circ. Lambasts Lawyer's 'Twilight Zone' Font

    A Seventh Circuit panel criticized an attorney's use of the typeface used in the "Twilight Zone" logo, urging lawyers to use more conventional fonts recommended in the court's handbook that won't "wear out judicial eyes," though the attorney told Law360 he's unlikely to change. 

  • June 04, 2024

    On 2nd Bite, Apple Investors Get Initial OK For $490M Deal

    A California federal judge has given the first OK to a $490 million settlement that will resolve claims that Apple misled investors about iPhone sales in China, saying the deal is fair and reasonable, and a better alternative than further litigation, after criticizing the deal during its initial bid for approval and ordering changes.  

  • June 04, 2024

    Judge Recommends $27.7M For Textbook Publishers In IP Suit

    A federal magistrate judge in Manhattan has recommended that a group of textbook publishers be awarded nearly $27.7 million in damages in a copyright and trademark infringement complaint against nearly a dozen defendants who defaulted for not participating in a case where they were accused of selling counterfeits on Amazon.

  • June 04, 2024

    Diddy Sells Stake In Revolt As Employees Assume Ownership

    Rap and media mogul Sean "Diddy" Combs has sold his majority stake in Revolt, the media and entertainment company he founded, shifting ownership of the business to its employees as his legal troubles continue to mount, according to a Tuesday announcement.

  • June 04, 2024

    Recreational Marijuana To Be On SD Ballot For 3rd Time

    Recreational marijuana advocates have successfully put a measure on South Dakota's November ballot, giving state voters a third shot at legalizing the drug just two years after they declined to do so.  

  • June 04, 2024

    Shrimp Group Tries To Revive Commerce's Abandoned Duties

    A shrimp producers' trade group advocated at the Federal Circuit on Tuesday for anti-dumping duty rates that the U.S. Department of Commerce has abandoned, after the agency recalculated and lowered the rates following an order from the U.S. Court of International Trade.

  • June 04, 2024

    Airbus' Satcom Unit Fined $44K For Anti-Boycott Violations

    The U.S. Department of Commerce announced a penalty of $44,750 against Airbus DS Government Solutions Inc. on Tuesday after the company self-reported three violations of federal regulations prohibiting U.S. companies from supporting boycotts against Israel.

  • June 04, 2024

    'Ghost Gun' Makers Ask 2nd Circ. To Weigh In On NY AG Case

    A group of companies being sued by the New York attorney general over their distribution of so-called ghost gun kits is asking the Second Circuit to weigh in on the case and decide whether the parts kits can be considered "firearms" and if they are entitled to immunity under federal firearms law.

  • June 04, 2024

    10th Circ. Backs CPSC In Baby Lounger Injunction Dispute

    The Tenth Circuit on Tuesday sided with the Consumer Product Safety Commission in an appeal by a pillow company aiming to block a CPSC proceeding against it over one of its infant products, saying even if the company can show that removal protections for CPSC's commissioners and a judge are unconstitutional, the company hasn't shown how that affects its case.

  • June 04, 2024

    Amazon Union Moves To Fold Into Teamsters Amid Struggles

    The Amazon Labor Union, an independent union representing workers at a warehouse in Staten Island, New York, has taken steps to affiliate with the Teamsters ahead of an election to seat new officers.

  • June 04, 2024

    Jury Still Deadlocked Over Carhartt Atty's Embezzlement Trial

    A Detroit-area jury remained deadlocked Tuesday as it deliberated for the second day on embezzlement charges against a Michigan attorney who is accused of stealing millions from Carhartt heiress Gretchen Valade when he was trustee of her irrevocable trust.

  • June 04, 2024

    Vape Distributors Push To Exit NYC E-Cigarette Suit

    Two groups of e-cigarette distributors are urging a New York state court to toss claims from New York City alleging they're violating city laws by selling flavored e-cigarettes, saying that the law in question only applies to retail sales, not distributor-to-distributor sales.

  • June 03, 2024

    Michaels Stole Paint-By-Number IP, Company Says

    A paint-by-number company told a jury Monday during opening arguments in Texas federal court that arts and crafts corporation Michaels Stores Inc. used the company's trademarks to create a competing product, saying it only learned of the phony product after a customer called in praising it.

Expert Analysis

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    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.

  • Amazon's €32M Data Protection Fine Acts As Employer Caveat

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    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.

  • Expediting Psychedelics Approvals In The EU, UK, Australia

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    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.

  • Assessing Merger Guideline Feedback With Machine Learning

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    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.

  • Series

    ESG Around The World: Brazil

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    Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.

  • Vagueness In Calif. Climate Law Makes Compliance Tricky

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    California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Opinion

    Nebraska Should Abandon Proposed Digital Ad Tax

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    If passed, Nebraska’s recently proposed Advertising Services Tax Act, which would finance property tax relief by imposing a 7.5% gross revenue tax on advertising services, would cause a politically risky shift of tax burdens from landowners to local businesses and consumers, and would most certainly face litigation, say attorneys at McDermott.

  • What Retailers Should Note In Calif. Web Tracking Suits

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    As retailers face a deluge of class actions alleging the use of conventional web analytic tools violate wiretapping and eavesdropping provisions of the California Invasion of Privacy Act, uncovering the path toward a narrow interpretation of the law will largely depend on how these cases proceed, say Matthew Pearson and Kareem Salem at BakerHostetler.

  • Chancery's Sears Ruling Clarifies Stockholder Duties

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    In a recent landmark decision involving stockholders of Sears Hometown and Outlet Stores, the Delaware Chancery Court addressed for the first time what precise duties a controlling stockholder owes, highlighting that controller interference with board action is not per se invalid and that enhanced scrutiny is a reasonableness test, say Christopher Chuff and Taylor Bartholomew at Troutman Pepper.

  • What's At Stake In High Court NLRB Injunction Case

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    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Expediting Psychedelics Approvals In The US And Canada

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    Accelerated regulatory pathways for psychedelics in the U.S. and Canada play a pivotal role in the progression of drugs, devices and novel therapies toward commercialization, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.

  • Directors And Officers Face Unique AI-Related Risks

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    As privacy, intellectual property and discrimination lawsuits focusing on artificial intelligence increase, corporate directors and officers must stay aware of associated risks, including those related to compliance, litigation and cybersecurity, says Jonathan Meer at Wilson Elser.

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