Retail & E-Commerce

  • October 31, 2024

    Textbook Cos. Fight To Keep Google Pirated Books Suit Alive

    Several textbook publishers have urged a Manhattan federal judge to keep their copyright and trademark infringement suit against Google intact, alleging the tech giant has profited from the sale of pirated textbooks it advertises in searches, contrary to the company's assertions.

  • October 31, 2024

    Fridge Owners Seek OK On Whirlpool Defect Suit Settlement

    A proposed class of refrigerator owners is asking a California federal court to give the go-ahead to a settlement to resolve claims that Whirlpool Corp. sold refrigerators with a defect that caused food to spoil or go moldy.

  • October 31, 2024

    Meta Users Fight Uphill For Cert., But Advertisers Have A Shot

    A California federal judge who was asked to certify two classes in litigation alleging that Facebook parent Meta Platforms monopolized the social media advertising market and misused users' data said Thursday that the users' damage theory wasn't "plausible," but appeared open to the advertisers' claim they suffered the same alleged injury.

  • October 31, 2024

    True Value Hammers Out Deal To Fund Ch. 11, Speed Up Sale

    After days of negotiating, bankrupt hardware store supplier True Value Thursday reached a deal with its lenders to avoid liquidation, fund its reorganization and move up a Chapter 11 sale, with member-owned hardware brand Do It Best Corp. lined up as a stalking-horse bidder.

  • October 31, 2024

    NFL Legend Barry Sanders Hit With Copyright Suit

    Famed former Detroit Lions running back Barry Sanders is the subject of a new copyright infringement lawsuit, with the same professional photographer who is separately suing the NFL team and other entities over the same alleged misuse of a copyrighted photo.

  • October 31, 2024

    6th Circ. Split Over NLRB Remedy In Starbucks Firing Case

    The Sixth Circuit was divided Thursday over Starbucks' challenge to a National Labor Relations Board order finding the coffee giant unlawfully fired a worker at a Michigan cafe, with the judges probing the limits of the board's power to remedy unfair labor practices.

  • October 31, 2024

    The 2024 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.

  • October 31, 2024

    Firms' Hiring Strategies Are Evolving In Fight For Top Spot

    Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.

  • October 30, 2024

    Del. Justices Probe Implications Of Tripadvisor Nevada Move

    Delaware's justices closely questioned on Wednesday an attorney defending shopping and travel giant Tripadvisor Inc.'s bid to reincorporate in Nevada, pressing for frameworks that protect the interests of current stockholders as well as fiduciaries and investors seeking more business-friendly pastures.

  • October 30, 2024

    Dole Whip Buyer Says Labels Belie Artificial Ingredients

    Dole Food Co. falsely lauds its Dole Whip products as containing "no artificial ingredients," despite the sweet snacks containing manufactured citric acid and other artificial additives, according to a consumer's proposed class action filed Wednesday in California federal court.

  • October 30, 2024

    Judge Quizzes Attys As $1.5M Mascara TM Trial Wraps

    A California federal judge quizzed counsel during bench trial closings Wednesday in Benefit Cosmetics' $1.49 million lawsuit alleging e.l.f. Cosmetics' "Lash 'N Roll" mascara ripped off Benefit's blockbuster "Roller Lash" mascara, questioning why Benefit didn't conduct a consumer survey and asking whether it matters that Benefit inspired e.l.f.'s product.

  • October 30, 2024

    PayPal Says CFPB Is Probing Its Credit Product, Digital Wallets

    PayPal has disclosed that it received an investigative demand from the Consumer Financial Protection Bureau over its PayPal Credit-branded product, as well as digital wallet payment options.

  • October 30, 2024

    Amazon Beats Cert. But Can't Nix NJ Security Screenings Suit

    A New Jersey federal judge on Wednesday refused to nix a complaint filed by Amazon workers over unpaid time undergoing mandatory post-shift security screenings before they could leave the premises, while declining to certify the proposed class, finding not all workers were subject to uniform security screenings across different facilities.

  • October 30, 2024

    More Than Half Of Cos. Slow With Antirobocall Compliance

    Fewer than half of U.S. phone companies have finished installing equipment to stop scam robocalls in the three years since the adoption of Federal Communications Commission standards for robocall mitigation, according to a new report from a consumer watchdog group.

  • October 30, 2024

    Doc Review Site Must Face Suit Over Criminal Profile Mix-Up

    The owners of physician review website Healthgrades on Wednesday lost their bid to toss allegations they defamed a surgeon in mixing up his profile with a doctor by a similar name who was convicted on federal opioid-related charges.

  • October 30, 2024

    Suit Says Print Shop Stole Watermarked Pics For Contract Bid

    An advertising firm is taking a printing and promotions shop to North Carolina federal court after the printer allegedly misappropriated photos of the ad company's camouflage products and used them to try to score a merchandising deal with the Missouri Army National Guard despite one picture bearing its actual owner's watermark.

  • October 30, 2024

    Amazon Escapes Biometric Data Suit Over Call Center Tech

    Amazon Web Services Inc. beat the last remaining claim in a proposed biometric privacy class action in Delaware federal court Wednesday, with a judge saying there's no evidence the tech giant's cloud-based call center service collects customer voice data.

  • October 30, 2024

    Publix Denied Early Win Over Opioid Coverage Defense

    A Florida federal court rejected Publix's bid for defense cost coverage for dozens of public nuisance lawsuits related to the opioid crisis, finding that the damages sought are too far removed from particular bodily injuries caused "because of" opioid addiction, as required in Publix's policies.

  • October 30, 2024

    Judge Embraces 'Law School Geekiness' In Ill. Swipe Fee Row

    An Illinois federal judge said Wednesday that she'd be "going back to law school" to study up after hearing more than two hours of robust arguments about whether she should block a first-of-its-kind Illinois law restricting certain credit card fees, as the banking industry said at least one bank was "freaking out" over possible compliance.

  • October 30, 2024

    Eyelash Biz Wants Albright To Triple $31M Patent Verdict

    A California company that sells do-it-yourself eyelash extension kits is asking U.S. District Judge Alan Albright to triple a nearly $31 million willful patent infringement verdict against a Chinese rival that "intentionally flooded the market with 632 models of infringing products."

  • October 30, 2024

    Jury Finds Importer Didn't Report $17M On Tax Returns

    A Los Angeles jury found an importer of Chinese clothing guilty of skirting more than $8 million in customs duties and failing to report more than $17 million in cash transactions on tax returns, federal prosecutors in California announced Wednesday.

  • October 30, 2024

    State AGs Ask Congress For Federal Price-Gouging Ban

    Attorneys general from 15 states and the District of Columbia sent a letter to House and Senate leaders Wednesday urging Congress to adopt national protections against price-gouging.

  • October 30, 2024

    Cannabis Fertilizer Co. Can Mostly Bar Rival's IP Theft In Ads

    A Seattle federal judge has curtailed a fertilizer manufacturer's use of a rival's name in marketing its cannabis-focused products, saying he found it "problematic" that the company's messaging suggests using both products in tandem.

  • October 30, 2024

    Auctioneer Fights Transfer Of Defamation Suit Against Braves

    An auction house pushed back Tuesday on the Atlanta Braves' bid to dismiss or transfer a suit over the team's claims that the auctioneer was selling phony memorabilia, including a home plate allegedly tagged by Hank Aaron after hitting his record home run, arguing that the team should be held accountable by Texas courts.

  • October 30, 2024

    Under Armour Hit With False Ad Suit Alleging Fake Discounts

    Under Armour was slapped with a potential false advertising class action Tuesday in New York federal court accusing it of promising customers huge savings on athletic apparel sold online and at its brick-and-mortar stores by including bogus, higher reference prices on products that are virtually never sold at those prices.

Expert Analysis

  • Amazon Holiday Pay Case Underscores Overtime Challenges

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    The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.

  • Understanding New ACH Network Anti-Fraud Rules

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    Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.

  • Opinion

    It's Time To Sound The Alarm About Lost Labor Rights

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    In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.

  • Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus

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    Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating FEMA Grant Program For Slope Fixes After Storms

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    In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • What To Make Of Dueling Corporate Transparency Act Rulings

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    Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.

  • Perspectives

    Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Deadline Extension Highlights PFAS Reporting Complexities

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    The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.

  • 2nd Circ. American Girl Ruling Alters Test Purchase Norms

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    The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

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