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Retail & E-Commerce
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July 12, 2024
Republican Presses Tai For Info On E-Commerce Shift
Rep. James Comer, R-Ky., pressed the Biden administration's top trade official for more information on why the president withdrew from digital trade talks at the World Trade Organization, threatening "compulsory action" if she failed to provide meaningful answers.
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July 12, 2024
T-Mobile Wins Time To Defend Arb. Award In 'SIM Swap' Suit
T-Mobile USA has won more time to defend an arbitration award it won after a customer claimed that lax security measures caused him to lose nearly $240,000 in cryptocurrency, according to a Florida federal court order.
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July 12, 2024
Wayfair Says Contractor On 1st Megastore Stiffed Vendors
Online retailer Wayfair LLC says the company it hired to oversee the build-out of its first "large-format" brick and mortar location failed to pay multiple subcontractors on the project, forcing Wayfair to pay the subcontractors directly to ensure that the store opened on time, according to a complaint filed Friday.
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July 12, 2024
Midyear Report: Taking Stock Of Sports Betting Enforcement
The first six months of 2024 saw no shortage of action in the enforcement of sports betting rules, highlighted by a bombshell fraud case ensnaring baseball's biggest star and a messy betting scandal that saw a fringe NBA rotation player banned from the game for life.
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July 12, 2024
Contracting Co. Sues Home Depot Over Tool Rental Charges
A Philadelphia-based contracting company has hit Home Depot USA Inc. with a proposed class action in Georgia, claiming the home improvement chain has systematically overcharged the customers of its tool rental program.
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July 12, 2024
Conn. Landlord Loses COVID-Era Lease Fight With Eatery
A Connecticut landlord did not tender an "unequivocal ultimatum" booting an eatery from a parcel of property, an appellate panel ruled Friday, finding that since the landlord vacillated between kicking the tenant off its Wallingford land and accepting payments, a 2020 eviction notice had no effect.
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July 12, 2024
Judge OKs Another Penalty Duty Over Chinese Loan Program
The U.S. Department of Commerce justifiably penalized a Chinese aluminum importer over Beijing's refusal to disclose information on an export loan program, the U.S. Court of International Trade said, finding the importer hadn't filled the gap in the record.
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July 12, 2024
Dick's, Customer Want Golf Net Suit Stayed For Mediation
Dick's Sporting Goods Inc. and a man who claims he suffered permanent eye damage because of a defective golf practice net bought from the company are asking a Georgia federal judge to keep his litigation on hold while they pursue mediation.
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July 12, 2024
Taxation With Representation: Ropes & Gray, Cravath, Latham
In this Week's Taxation with Representation, Paramount Global merges with Skydance Media, Devon Energy acquires Grayson Mill Energy's Williston Basin oil and gas business, Ryan acquires Altus Group Ltd.'s property tax business, and Bain Capital buys Envestnet Inc.
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July 12, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the owner of the Lambretta scooter brand Innocenti SA embroiled in a trademark dispute with a property developer, a clash between two art dealers over a collection of tapestries, Telecom Italia pursue a debt claim against a competing telecommunications company, and performing arts trade union Equity hit a casting directory for charging unfair subscription fees on actors. Here, Law360 looks at these and other new claims in the U.K.
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July 11, 2024
Kroger Asks To Delay At Least Part Of FTC Challenge
Kroger and Albertsons are asking an administrative law judge from the Federal Trade Commission to pause the evidentiary portion of the agency's in-house case against the supermarket giants' merger, saying the companies are facing too many overlapping cases in different venues to adequately prepare and present their case.
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July 11, 2024
Apple Ducks iPhone Web App Antitrust Suit, For Now
Consumers will have to rejigger their proposed antitrust class action alleging Apple anticompetitively prevents iPhones from running web-based apps that don't need to be downloaded, after a California federal judge said Thursday that they've failed to show a conspiracy or connect the dots from company rules to customer injury.
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July 11, 2024
Western Union Owes $8M For Soured Deal, Vendor Says
A Taiwan-based manufacturer of point-of-sale devices launched a lawsuit against Western Union in Colorado federal court, accusing it of ordering about 25,000 POS terminals worth roughly $8 million and then backing out of the transaction and refusing to pay after the vendor had already started making the devices.
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July 11, 2024
SF Fed Sues Troubled PPP Lender, Founder For Nearly $67M
The San Francisco arm of the Federal Reserve has sued one of the largest Paycheck Protection Program lenders in Puerto Rico federal court seeking to recover nearly $67 million, alleging the lender has defaulted on the terms of roughly $4.3 billion in credit it advanced for PPP loans.
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July 11, 2024
Commerce Aims To Codify Duty Probe Practices For NMEs
The U.S. Department of Commerce proposed regulations on Thursday to formalize practices developed since the 1990s to assess duties on imports from nonmarket economies, including denying lower tariff rates to businesses determined to be heavily controlled by their governments.
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July 11, 2024
Pfizer's $50M EpiPen Deal Gets Final OK In Antitrust Suit
Pfizer is officially out of a lawsuit accusing it of working with Mylan Pharmaceuticals to inflate the price of the popular auto-injecting emergency allergy medication EpiPen after a Kansas federal judge gave the $50 million settlement his final seal of approval.
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July 11, 2024
Attys Say Milberg Must Pay For Fraud In Visa, Mastercard MDL
Class counsel representing plaintiffs in long-running multidistrict litigation accusing Visa and Mastercard of charging improper merchant fees have called for sanctions against Milberg Coleman Bryson Phillips Grossman LLC, laying out arguments for a fee reimbursement after the firm admitted to mistakenly registering fraudulent clients.
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July 11, 2024
Dollar General Pays $12M Over DOL's Safety Violation Claims
Discount retail chain Dollar General will pay $12 million to resolve alleged workplace safety violations at its stores nationwide, including obstructed emergency exits and unsafe storage, and will implement abatement measures like expanding storage capacity and reducing overstock, the U.S. Department of Labor announced Wednesday.
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July 11, 2024
Legal Foundation Urges Justices To Limit RICO's Civil Scope
The Washington Legal Foundation on Thursday urged the U.S. Supreme Court to overturn a Second Circuit decision allowing a trucker to sue three CBD companies under the Racketeer Influenced and Corrupt Organizations Act, saying the circuit court ignored RICO's structure and purpose.
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July 11, 2024
Accounting Firm Contests Blame For Client's $2M Tax Bill
An accounting firm maintains it had no duty to inform an online flower bulb retailer about a major change in tax law stemming from the U.S. Supreme Court's 2018 Wayfair decision, telling the North Carolina Business Court that advising on such topics wasn't within the scope of its duties.
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July 11, 2024
Premium Baby Bottles Leach Microplastics, Suit Says
A proposed class action filed against Newell Brands Inc. this week alleges that the company's Nuk brand of baby bottles, advertised as BPA-free, are, in fact, prone to leaching millions of particles of microplastics through routine use.
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July 11, 2024
Pa. Man Admits To Dick's Sporting Goods Insider Trading
A Pennsylvania man who netted nearly $825,000 in profits from Dick's Sporting Goods securities has pled guilty to insider trading using tips he obtained from a company employee, according to a Thursday announcement from the U.S. Department of Justice.
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July 11, 2024
Trade Court Backs Nonevasion Finding For Aluminum Tariffs
The U.S. Court of International Trade blessed U.S. Customs and Border Protection's remand determination that aluminum extrusion importers weren't evading tariffs, saying CBP explained it couldn't maintain its original evasion finding after reviewing data it had initially disregarded.
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July 11, 2024
Rite Aid Gets OK To Sell Interests In Its Loan To MedImpact
A New Jersey bankruptcy judge on Thursday approved Rite Aid's sale of most of its interests in a $567 million loan that it made, the proceeds of which it will distribute to creditors under its Chapter 11 reorganization plan.
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July 11, 2024
Vestis Leaders Face Suit Over Uniform Supplier's Performance
Executives and directors of uniform supplier Vestis Corp. have been hit with a shareholder derivative suit accusing them of concealing that the division had been underfunded before being spun off by Aramark last year, leaving it unable to grow its revenue and retain customers.
Expert Analysis
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The Secret Sauce For Trademarking Viral Food Products
Three recent high-profile trademark disputes in the food industry illustrate the importance of protecting brands early — especially for any company aiming for viral fame — and underscore the value of intent-to-use applications, say Elliot Gee and Matthew Dowd at Dowd Scheffel.
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Chanel TM Ruling Shows Resellers Must Tread Carefully
The Southern District of New York's recent jury verdict in Chanel v. What Goes Around Comes Around, in which Chanel brought trademark infringement and false association claims, serves as a reminder that businesses must routinely ensure their practices are protected by the first sale and fair use doctrines, say Stephen Barrett and Gabriela Rios at Wilson Elser.
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Birkin Bag Case Carries Competition Lessons For Retailers
A recently proposed antitrust class action alleging that Hermès violated federal and California law when selling its iconic Birkin and Kelly handbags highlights some issues that other brands and retailers should consider, particularly given a prevailing landscape that seems to prioritize antitrust scrutiny, say attorneys at Holland & Knight.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Fed. Circ. Ruling Shows Difficulty Of Proving Deceptive Intent
The Federal Circuit’s recent Freshub v. Amazon decision demonstrates how proving the deceptive intent requirement for inequitable conduct can be challenging, even when there is a five-year delay after abandonment before revival, say attorneys at BCLP.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Expect An Increase In Robinson-Patman Act Enforcement
Recent actions by the Federal Trade Commission and prominent lawmakers should be viewed as a harbinger of renewed scrutiny of price discrimination in all industries and a sign that Robinson-Patman Act investigations and enforcement actions are likely to see an uptick, say attorneys at Morgan Lewis.
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Wave Of Final Rules Reflects Race Against CRA Deadline
The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.
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9th Circ. Arbitration Ruling Could Have Int'l Implications
In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.
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Chancery's Carvana Suit Toss Shows Special Committee Value
The Delaware Chancery Court’s recent dismissal of a stockholder complaint against Carvana illustrates how special litigation committees can be a powerful tool for boards to regain control after litigation alleging a breach of fiduciary duty, say attorneys at Morgan Lewis.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Deciding What Comes At The End Of WTO's Digital Tariff Ban
Companies that feel empowered by the World Trade Organization’s recent two-year extension of the ban on e-commerce tariffs should pay attention to current negotiations over what comes after the moratorium expires, as these agreements will define standards in international e-commerce for years to come, say Jan Walter, Hannes Sigurgeirsson and Kulsum Gulamhusein at Akin Gump.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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Opinion
SC's Courts Have It Wrong On Amazon Marketplace Sales Tax
The South Carolina Supreme Court should step in and correct the misguided change in tax law effectuated by lower court rulings that found Amazon owes state sales tax for marketplace sales made prior to the U.S. Supreme Court’s Wayfair v. South Dakota decision in 2018, says Hayes Holderness at the University of Richmond.