Retail & E-Commerce

  • July 02, 2024

    Vroom Settles With FTC Over Deceptive Ads, Late Deliveries

    Texas-based used car company Vroom will pay $1 million to settle allegations it misleadingly advertised to customers that its used vehicles listed for sale were thoroughly inspected and failed to promptly refund customers when their cars weren't delivered within the represented 10-to-14 day time-frame, the Federal Trade Commission announced on Tuesday.

  • July 02, 2024

    DraftKings Must Face Securities Suit Over NFTs

    A Massachusetts federal judge won't toss a proposed class action claiming that DraftKings Inc. sold unregistered non-fungible tokens on its marketplace, ruling that the suit plausibly alleges that the company falsely advertised that its NFTs would appreciate in value.

  • July 02, 2024

    Apple Says It's Too Early For Discovery In DOJ Antitrust Case

    There's no need to get the ball rolling on discovery in the U.S. Department of Justice's case accusing Apple of monopolizing the smartphone market until the New Jersey federal court overseeing the case decides if it's going to dismiss it entirely, the tech giant argued.

  • July 02, 2024

    Court Must Toss Customs Broker's Unripe Suit, Feds Say

    U.S. Customs and Border Protection pushed to dismiss a customs broker's suit over its allegedly unlawful removal from two programs that expedite import entries at the border, saying its decisions were not final and are, therefore, not ready for judicial review.

  • July 02, 2024

    Kipling Apparel Can't Nix 'Phantom' Discount Suit

    A California federal judge on Monday refused to toss a proposed class action alleging that bag maker Kipling Apparel Corp. used "phantom" discounts to make outlet store customers believe they were getting price cuts, but she said the plaintiff had failed to show that damages would be insufficient compensation.

  • July 02, 2024

    Turkish Co. Says Feds Mistook Tax Exemptions For Subsidies

    A Turkish steel company challenged new countervailing duties on steel concrete rebar, telling the U.S. Court of International Trade that the federal government allegedly misidentified a widely available tax exemption as a subsidy providing an unfair market advantage.

  • July 02, 2024

    Amazon's PillPack Settles TCPA Class Suit

    Amazon.com affiliate PillPack LLC has settled a class action alleging it was responsible for illegal telemarketing calls made to consumers without their consent, the parties said Tuesday in a notice filed in Washington federal court.

  • July 02, 2024

    Amway Parent Inks $1.5M Deal To End Retirees' 401(k) Suit

    Amway's parent company will pay over $1.5 million to resolve a class action claiming it loaded its employee 401(k) plan with shoddy investments and excessive fees, plan participants leading the suit told a Michigan federal court.

  • July 02, 2024

    McKinsey Wants To Arbitrate Ex-Partner's Defamation Suit

    McKinsey & Co. has urged a New York state judge to send to arbitration or dismiss a former partner's defamation lawsuit alleging the consulting giant tried to make him a scapegoat for purported evidence destruction amid a U.S. Department of Justice probe into McKinsey's work with opioid makers.

  • July 02, 2024

    Levi & Korsinsky Appointed Lead In Instacart Pre-IPO Action

    Levi & Korsinsky LLP has been appointed lead counsel for the investors in a suit alleging the grocery delivery company Instacart misrepresented its growth potential in the lead-up to its initial public offering.

  • July 02, 2024

    Grocer Wants Its Workers Out Of Peanut Allergy Death Suit

    Grocery chain Stew Leonard's told a Connecticut federal judge on Tuesday that there is "not a potentially plausible claim" against the eight of its individual employees named in a lawsuit brought by the family of a consumer who died after eating a cookie she bought that had not been labeled as containing peanuts.

  • July 02, 2024

    Chancery Cuts Sears Shareholders' $18.3M Award To $8.7M

    Minority stockholders of Sears Hometown and Outlet Stores saw their class award in Delaware Chancery Court litigation trimmed from $18.3 million to $8.7 million Tuesday after former Sears CEO Edward S. Lampert and his co-defendants protested that the court had erred in its calculations.

  • July 02, 2024

    Jollibee Buying Compose Coffee Majority Stake In $340M Deal

    Filipino global food chain Jollibee Foods Corp. disclosed in a securities filing Tuesday it is acquiring 70% of South Korean coffee franchise Compose Coffee at a roughly $340 million valuation, through its wholly owned subsidiary Jollibee Worldwide Pte.

  • July 02, 2024

    Commerce Finds No Proof Of Mexican Coolants' Duty Evasion

    The U.S. Department of Commerce found little evidence to support claims that Chinese cooling chemicals were being mixed in Mexico to dodge duties on a particular refrigerant, the agency announced following its preliminary circumvention inquiry.

  • July 02, 2024

    FTC Challenges Tempur Sealy's $4B Mattress Firm Deal

    The Federal Trade Commission moved Tuesday to block Tempur Sealy International Inc.'s planned $4 billion purchase of Mattress Firm Group Inc., saying the world's largest mattress supplier intends to use the deal to block its rivals from accessing the largest retail mattress chain in the U.S.

  • July 02, 2024

    Supreme Court Won't Hear Ill. Gun Ban Dispute

    The U.S. Supreme Court on Tuesday declined to review a Seventh Circuit decision upholding laws by the state of Illinois and a Chicago suburb banning the sale of assault weapons.

  • July 02, 2024

    High Court Agrees To Review FDA's Flavored E-Cig Denial

    The U.S. Supreme Court on Tuesday granted the U.S. Food and Drug Administration's petition to review a Fifth Circuit decision overturning its denial of a flavored e-cigarette marketing application.

  • July 01, 2024

    High Court's 1-2 Punch Sets Up Long-Standing Regs For KO

    By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.

  • July 01, 2024

    Crumbl Aims To Burn Privacy Suit Over Info-Tracking Cookies

    Crumbl LLC has urged a California federal judge to dismiss a proposed class action alleging the cookie maker helped payments processor Stripe Inc. illegally track customer activity and collect sensitive information via website cookies, saying the plaintiff's "poorly drafted" complaint fails to allege an underlying privacy violation.

  • July 01, 2024

    Visa, Mastercard Judge Says Apple Fee Case Should Exit MDL

    The Brooklyn federal judge handling multidistrict litigation over Visa and Mastercard merchant fees on Monday suggested that a case alleging the credit card companies had agreements with Apple that violated antitrust law should be sent back to Illinois federal court, saying the facts in the case are not similar enough.

  • July 01, 2024

    Gluten Abounds In Trader Joe's Gluten-Free Bagels, Suit Says

    Trader Joe's has been hit with a proposed class action in California federal court claiming its "Gluten Free Almost Everything Bagels" actually contain high levels of gluten that exceed the legal limits for the claim.

  • July 01, 2024

    No Resolution In Sight For Trade Pact Auto Rules Dispute

    The U.S. automotive industry is weighed down by a trade dispute over treaty requirements to source locally manufactured parts and uncertainty regarding how the rules will apply to electric vehicles, the Office of the U.S. Trade Representative said in a report Monday.

  • July 01, 2024

    Carvana Seeks Toss Of Chancery Suit Alleging Faulty Sales

    An attorney for online used-car sales giant Carvana Inc. on Monday urged Delaware's chancellor to toss or stay what he described as a derivative damages case "repackaged" from past or pending federal securities actions that "have not fared well."

  • July 01, 2024

    School Supply Co. Seeks Duty Erasure For Pencil Imports

    A classroom supplies company urged the U.S. Court of International Trade to free its pencil imports from an anti-dumping duty on Chinese goods, saying U.S. trade officials mistakenly broadened the duty to include pencils made in the Philippines.

  • July 01, 2024

    Court Tosses Constitutional Challenge To Pot Prohibition

    A Massachusetts federal judge on Monday granted the U.S. Department of Justice's bid to dismiss a constitutional challenge to federal marijuana prohibition, delivering a blow to an effort brought by a group of cannabis companies represented by litigator David Boies.

Expert Analysis

  • Making Plans For BNPL Consumer Protection Compliance

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    With an interpretive rule from the Consumer Financial Protection Bureau set to require buy-now, pay-later providers to implement credit card-like consumer safeguards by the end of July, loan providers must solidify their federally compliant customer dispute resolution and disclosure procedures before the newly emboldened bureau's deadline, say attorneys at Steptoe.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Tailoring Compliance Before AI Walks The Runway

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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