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Retail & E-Commerce
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June 20, 2024
Cannabis-Infused Drink Cos. Sue Iowa Over New Potency Law
Makers of canned drinks infused with hemp-derived THC are urging a federal judge to block an impending state statute that aims to regulate the Iowa cannabinoid market, saying it would swiftly outlaw "approximately 80%" of their current inventory.
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June 20, 2024
Fireball Maker Must Still Face Claims It Duped Whiskey Lovers
A Florida federal judge has trimmed allegations that Sazerac Co. duped consumers into believing miniature bottles of malt beverage were whiskey by selling them under the Fireball brand name, but said a consumer can pursue claims that the beverage's bottle and their display case are nevertheless deceptive.
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June 20, 2024
Waffle Cone Cos. Settle TM War Over Chocolate-Filled Treats
A maker of chocolate-filled waffle cone treats has resolved its claims against a rival over alleged trademark violations, according to a stipulation filed Thursday in New Jersey federal court.
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June 20, 2024
Walmart, Capital One Settle Credit Card Agreement Spat
Capital One NA has reached a settlement with Walmart Inc. resolving the retailer's claims that its credit card partner wasn't meeting the customer service standards laid out in their agreement, according to a joint letter filed in New York federal court.
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June 20, 2024
11th Circ. Nixes J&J Sunscreen Benzene MDL Settlement
The Eleventh Circuit on Thursday vacated an order granting approval to a settlement resolving claims that Johnson & Johnson sold sunscreens containing benzene, saying a pair of circuit court decisions since the approval mean the deal needs another look.
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June 20, 2024
Insurer Hit With Coverage Suit Over Ohio Grocery Shooting
Pittsburgh-based Giant Eagle Inc. is claiming that a security contractor's insurer, Philadelphia Indemnity Insurance Co., has refused to cover its defense costs in a lawsuit over a shooting at a Cleveland, Ohio, store, and was trying to get the grocer to drop its third-party claims against the contractor.
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June 20, 2024
Deals Rumor Mill: Carlyle-KKR, Didi IPO, Open AI
The deals rumor mill is often overflowing with transactions that are reportedly close to being signed, so it can be hard to know which ones to stay on top of.
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June 20, 2024
No Coverage Owed For Totaled Vehicle, Ga. Panel Says
A Georgia car dealership's insurer has no duty to cover costs it incurred after a man totaled his recently purchased vehicle while evading police, a state appeals court ruled, highlighting the distinction between an applicable exclusion and an invalid policy.
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June 20, 2024
Feds Delay Thai Refrigerator Probe To Check Industry Support
The U.S. Department of Commerce on Thursday delayed its investigation into whether certain refrigerator exporters from Thailand are dumping their products in the U.S. to verify if the investigation has the support of the majority of the domestic industry.
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June 18, 2024
Doubt Cast On Free Whole Foods Delivery 'Bait And Switch'
A Washington federal judge appeared skeptical at a hearing Tuesday of claims that Amazon misled Prime members by advertising free Whole Foods grocery deliveries and then later pulling the perk in a "bait and switch," noting the retail giant has reserved the right to change Prime members' benefits.
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June 18, 2024
IPhone Buyers Want Canadian Data In Amazon Antitrust Case
Apple Inc. and Amazon.com Inc. must be forced to turn over Canadian sales data as part of a lawsuit accusing the pair of hatching an anticompetitive agreement to choke third-party sales, a group of iPad and iPhone buyers told a Washington federal court.
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June 18, 2024
Amazon Hit With $5.9M Fine For Violating Calif. Quota Law
California's labor commissioner has fined Amazon $5.9 million for violating the Golden State's Warehouse Quotas Law, which requires employers to give workers written notice of any quotas they must follow, according to a Tuesday announcement.
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June 18, 2024
Proposed Hemp Change In Line With Regs, Report Says
A controversial proposed change to the statutory definition of hemp in the next Farm Bill would be broadly aligned with existing federal regulatory practices, according to a new report from Capitol Hill's policy research arm.
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June 18, 2024
4 Firms Steer Family-Owned Baker Europastry's IPO Plans
Family-owned frozen bakery products giant Europastry S.A. said Tuesday that it plans to raise €225 million ($241.7 million) in fresh capital through an initial public offering on Spanish stock exchanges guided by four law firms, adding to a recent uptick in European IPOs.
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June 18, 2024
Blackstone Plans Takeover Of Japan's Infocom In $1.7B Deal
Blackstone said Tuesday it is planning to take Japanese digital comic distributor Infocom private in a deal that marks its largest private equity deal ever in Japan, worth 275 billion yen ($1.7 billion).
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June 18, 2024
Microsoft Says Starbucks Ruling Hurts FTC's Activision Case
Microsoft told the Ninth Circuit on Monday that the U.S. Supreme Court's recent ruling requiring labor regulators to meet a four-factor test in order to win a preliminary injunction undercuts the Federal Trade Commission's bid to halt the company's $68.7 billion acquisition of Activision Blizzard Inc.
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June 18, 2024
Circumvention Finding Twisted Trade Statute, Pipe Co. Says
The U.S. Department of Commerce contorted its statutory authority to foist circumvention duties on a Vietnam-based pipe producer that has already cleared dumping and unfair subsidy allegations, the company said in a motion calling to roll back the levies.
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June 18, 2024
AIG Unit Says Exclusions Bar Pet Supply Co.'s BIPA Claims
An AIG unit has told a Michigan federal court a pet supply store isn't owed defense for an underlying class action brought by employees alleging the store violated the Illinois Biometric Information Privacy Act, maintaining that a "recording and distribution" exclusion and "employment-related practices exclusion" were triggered.
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June 18, 2024
FTC Bristles At Axon's Citing Of Dropped Merger Case
The Federal Trade Commission wanted to ensure a New Jersey federal judge knew the abandonment of a case contesting Axon's purchase of a fellow police body camera company had nothing to do with the merits of the challenge, in a Monday amicus brief partially backing a proposed class action.
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June 18, 2024
Rival Pool Supply Co. Looks To Duck Blueworks Ch. 11 Stay
Pool supply company Hayward Industries Inc. has asked a bankruptcy court for a reprieve from the automatic stay protecting its bankrupt rival Blueworks Corp. as it seeks to secure final orders upholding a $16 million false advertising and unfair business practices judgment.
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June 18, 2024
Steel Co. Says Cambodian Hangers Are Skirting Hefty Duties
A domestic hanger manufacturer accused its foreign rivals of skirting steep antidumping and countervailing steel tariffs by shipping hangers made with Chinese and Vietnamese steel from Cambodia.
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June 18, 2024
Amazon Union Workers Vote To Affiliate With Teamsters
Workers at the only unionized Amazon warehouse in the U.S. have voted to fold their independent outfit into the Teamsters, the transportation and logistics union announced Tuesday.
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June 18, 2024
High Bidder Insists Auctioneers Turn Over Potential Van Gogh
The highest bidder in an auction for a painting that might be a previously unknown work by Dutch master Vincent van Gogh is entitled to summary judgment for breach of contract against auction houses that have refused to turn it over to her, she said in a new filing in her state court lawsuit.
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June 18, 2024
Mich. AG To Pursue Deadlocked Charges In Carhartt Atty Case
Prosecutors will continue pursuing embezzlement charges against a Michigan attorney accused of stealing from his client, a former leader of the Carhartt workwear company, after a Wayne County jury couldn't reach a decision on those claims but acquitted the attorney on other charges.
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June 17, 2024
'What Am I Supposed To Do?': Epic-Apple Doc Row Irks Judge
A California federal judge presiding over Epic Games' high-stakes antitrust compliance fight against Apple expressed frustration Monday with the parties' disagreement over the scope of Apple's document production, asking counsel repeatedly "What am I supposed to do?" and "Do I need to get somebody on the stand to explain this?"
Expert Analysis
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Opinion
Anti-DEI Complaints Filed With EEOC Carry No Legal Weight
Recently filed complaints against several companies' diversity, equity and inclusion programs alleging unlawful discrimination against white people do not require a response from the U.S. Equal Employment Opportunity Commission, and should not stop employers from rooting out ongoing discriminatory practices, says former EEOC general counsel David Lopez.
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4 Ways AI Tools Can Improve Traditional Merger Analyses
Government officials at the American Bar Association's annual antitrust spring meeting last week reinforced the view that competition cases will increasingly rely on sophisticated data analysis, so companies will likewise need to use Big Tech quantitative techniques to improve traditional merger analyses, say Patrick Bajari, Gianmarco Calanchi and Tega Akati-Udi at Keystone.
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Cos. Should Mind Website Tech As CIPA Suits Keep Piling Up
Businesses should continue evaluating their use of website technologies and other data-gathering software and review the disclosures in their privacy policies, amid an increase so far in 2024 of class actions alleging violations of the California Invasion of Privacy Act's pen register and trap-and-trace provisions, say attorneys at Sheppard Mullin.
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Questions Persist After Ruling Skirts $925M TCPA Award Issue
After an Oregon federal court's recent Wakefield v. ViSalus ruling that the doctrine of constitutional avoidance precluded it from deciding whether a $925 million Telephone Consumer Protection Act damages award was constitutionally sound, further guidance is needed on when statutory damages violate due process, says Michael Klotz at O'Melveny.
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Benzene Contamination Concerns: Drugmakers' Next Steps
After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.
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How Retail Tenants Can Avoid Paying Rent Prematurely
When negotiating leases for spaces in shopping centers, retail tenants should ensure that the language specifies they only need to begin paying rent when the center is substantially occupied as a whole, as it can be difficult to modify leases that are executed without co-tenancy requirements or termination rights, say Joshua Bernstein and Benjamin Joelson at Akerman.
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Analyzing New EU Measure To Prevent Reexports To Russia
Niels Ersbøll, Alexander Italianer and Laura Beuls at Arnold & Porter offer a comprehensive overview of the European Union's new rule requiring export agreements to contain a clause prohibiting the reexport of goods to Russia, and discuss what companies should do to ensure compliance.
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Back Labels In False Ad Cases Get Some Clarity In 9th Circ.
Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.
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Series
NY Banking Brief: All The Notable Legal Updates In Q1
The first quarter of 2024 saw a number of notable legal and regulatory developments that will significantly affect New York's financial services industry, including the New York Department of Financial Services' finalized novel guidance directing banks to continuously monitor the character and fitness of key personnel, say Brian Montgomery and Nathan Lewko at Pillsbury.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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The Merger Cases That Will Matter At ABA Antitrust Meeting
While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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Ruling Signals Wave Of CIPA Litigation May Soon End
A California state court's recent ruling in Licea v. Hickory Farms, which rejects the argument that IP address tracking violates the California Invasion of Privacy Act's pen register provision, is likely to reduce or stop the slew of new cases filed against businesses for similar alleged violations, says Patricia Brum at Snell & Wilmer.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.