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Retail & E-Commerce
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June 27, 2024
Commerce Defends Argentine Oil Pipe Levies On Remand
The U.S. Department of Commerce did not double count companies backing the petition that prompted its dumping probe into oil and gas pipes from Argentina, the agency held in its response to a trade court remand order.
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June 27, 2024
Deals Rumor Mill: Boeing, Blackstone, Bosch
Boeing offers $4 billion for parts maker Spirit AeroSystems, Blackstone could sell Legence at up to $5 billion value, and Bosch mulls a bid for Whirlpool. Here, Law360 breaks down the notable deal rumors from the past week.
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June 27, 2024
Nike Loses 3 Fitness Tracking Patents At PTAB
The Patent Trial and Appeal Board has invalidated three Nike patents related to fitness tracking technology, challenged by retailer Lululemon Athletica Inc., in a ruling that follows setbacks for Nike at the PTAB in May.
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June 27, 2024
Feds Must Redo Tire Duties Again, After Writing Off One Co.
The U.S. Court of International Trade ordered the U.S. Department of Commerce to again rework anti-dumping duties on Chinese tires, taking issue with how the department selected one of the mandatory respondents for the investigation.
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June 27, 2024
Sichenzia Ross Guiding Fuel Cell Co. On $130M SPAC Merger
Sichenzia Ross Ference Carmel LLP is advising Infintium Fuel Cell Systems Inc. on a newly inked blank-check company consolidation deal that values the hydrogen fuel cell technology provider at $130 million.
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June 26, 2024
Baby Bottle Cos. Face False Ad Suits Over Microplastics
Philips North America and Handi-Craft face a pair of proposed class actions filed Tuesday in California federal court alleging they misled customers into thinking their sippy cups and baby bottles were "BPA free" and therefore safe for use, despite that heating them could cause harmful microplastics to leak into food and drinks.
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June 26, 2024
State Data Privacy Law Patchwork: Midyear Report
States jumped on the consumer data privacy law bandwagon at a brisk clip in the first half of 2024, although it remains unclear if this push will be enough to encourage Congress to finally enact a nationwide framework this year.
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June 26, 2024
Native Deodorant Doesn't Give 72-Hour Protection, Suit Says
Procter & Gamble-owned Native was hit with a proposed consumer protection class action in New York federal court Wednesday by customers who accuse it of falsely advertising that its deodorant spray provides "72-hour odor protection," a claim that it allegedly ripped off from other brands and hasn't been clinically proven.
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June 26, 2024
Pilgrim's Pride Settles Grower Pay Antitrust Case
An Oklahoma federal judge hit the brakes Wednesday on a lawsuit seeking nearly $3 billion in damages from Pilgrim's Pride Corp. over claims it conspired with other chicken producers to suppress farmer compensation after the sides reached a settlement.
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June 26, 2024
4th Circ. Douses Fireworks Co.'s Challenge To CPSC Notices
The Fourth Circuit on Wednesday affirmed the dismissal of a fireworks importer's challenge to safety notices from the U.S. Consumer Product Safety Commission, saying the notices are not a final agency action that can be reviewed under the Administrative Procedure Act.
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June 26, 2024
Feds To Reassess Whether Garage Door Imports Violated Patents
The U.S. International Trade Commission will be reviewing an administrative law judge's ruling that Nortek Inc. violated U.S. trade law by importing products that infringe on a rival's intellectual property.
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June 26, 2024
Ex-Ticketmaster Exec Pleads Guilty In Hacking Case
A former director of client relations at Ticketmaster pled guilty Wednesday to taking part in a scheme to hack into a rival company's computer system in an attempt to gain a competitive advantage.
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June 26, 2024
2 Adidas Employees Exit Amid China Compliance Probe
Adidas AG said Wednesday that two employees have left the company amid an internal investigation into allegations of compliance violations in China, saying one employee's purported misconduct concerned dealings with local vendors.
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June 26, 2024
Judge Sides With Army Corps, Costco On Wetlands Permit
The U.S. Army Corps of Engineers did not violate the Clean Water Act when it issued a wetlands permit for the development of a new Costco store, a Washington federal judge said in ruling against residents who opposed the project.
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June 26, 2024
Calif. Investors Drop Fraud Suit Against Cannabis Group
Three Southern California businessmen who claim to have invested $9.1 million into a cannabis operation only to see no returns have pulled back their lawsuit against the company before it had a chance to answer.
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June 26, 2024
Unfinished Glycine Factory Supports Evasion, Says US Co.
A U.S. glycine producer urged the U.S. Court of International Trade on Wednesday to affirm the government's renewed finding that importers dodged tariffs, pointing to photographs of an Indonesian factory still under construction while it was allegedly producing exports for the suppliers.
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June 26, 2024
Gun Co. Co-Owner Tells Del. Justices That Partner 'Lied'
A joint owner of a gun manufacturing business who accused his partner of duping him out of his 50% stake told Delaware's Supreme Court on Wednesday that the partner — who won the case — had repeatedly "lied" during Chancery Court litigation, so the trial court's decision should be overturned.
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June 26, 2024
Olo Moots Investor's Chancery Suit By Axing Free Takeover
Directors of New York-based online food-ordering venture Olo have mooted a proposed class challenge to a company stock buyback program by effectively barring moves that would give the company's top investor majority control of the business, Delaware's chancellor ruled on Monday.
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June 26, 2024
Veteran Says Starbucks Fired Him Over Parental Leave
Starbucks retaliated against an Army veteran who took time off after the birth of his child by firing him during a Teams call, a lawsuit in Washington federal court claims.
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June 26, 2024
Some Asian Paper Plates May See Duties Over 300%
The U.S. Department of Commerce teed up preliminary countervailing duties on Chinese and Vietnamese paper plates exceeding 300%, finding that producers are likely receiving government subsidies giving them an unfair advantage in the U.S. market.
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June 26, 2024
Macy's Email Demand Violates Privacy Law, Shopper Says
A requirement that Massachusetts consumers making online purchases from Macy's provide an email address to complete a transaction violates the state's consumer privacy law, a proposed class action filed Tuesday alleges.
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June 26, 2024
Whole Foods Resolves Time-Shaving Class Action
Whole Foods has resolved a proposed class action alleging the grocer trimmed workers' paychecks if they came back slightly late from breaks.
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June 26, 2024
MNC Capital Makes 'Final' $3.2B Offer For Vista Outdoor
MNC Capital Partners LP said Wednesday it has bumped up its all-cash offer to buy Vista Outdoor Inc. to $42 per share, or about $3.2 billion, in its final bid to scoop up the sporting goods maker.
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June 25, 2024
Tuna Buyers Settle $1B Price-Fixing Claims Before July Trial
Tuna buyers seeking $1 billion in damages over allegations that StarKist, its parent company and a private investment firm that put money into Bumble Bee Foods conspired to hike the price of the tinned fish have reached settlements just ahead of trial, according to a California federal judge's order Tuesday.
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June 25, 2024
Google Says Epic's Play Store Changes Could Cost $137M
Google urged a California federal judge Monday to reject Epic Games' proposed Play Store remedies following Epic Games' antitrust jury trial win, arguing that the changes could cost up to $137 million plus ongoing maintenance costs and create new security risks while potentially harming Google's reputation.
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.