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Retail & E-Commerce
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July 19, 2024
FTC Wants To Block Kroger & Albertsons' 'Principal Defense'
Federal Trade Commission staffers want to block Kroger and Albertsons from using their main defense to an in-house merger challenge — the plan to sell off 579 stores — or otherwise force the companies to produce documents so far protected as privileged, according to a recently public filing.
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July 19, 2024
Kroger Could Delay Merger Closing To Avoid Colo. Hearing
Kroger Co. told a Colorado state judge Friday that it is negotiating a potential agreement with the state to delay the closing date for its proposed merger with Albertsons until November or after the court rules on a permanent injunction, a proposal the grocer said was aimed at avoiding a hearing next month.
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July 19, 2024
Trade Commission Advances Chinese Vanillin Probes
The four commissioners of the U.S. International Trade Commission voted in favor of advancing antidumping and countervailing duty probes into vanillin from China on Friday following a petition filed last month by chemical company Solvay USA LLC.
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July 19, 2024
Feds Taxed $6M Race Car Like Any Old Jalopy, Importer Says
Importers have accused U.S. Customs and Border Protection in a new lawsuit of misclassifying a $5.6 million 1955 Jaguar sports car as being subject to a 2.5% duty imposed on common "station wagons and racing cars" instead of classifying the vintage vehicle as a duty-free collectible.
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July 19, 2024
Amazon Gets Tainted Eye Drop Suit Pared Down
A Pennsylvania federal judge has trimmed claims from a woman's lawsuit against Amazon and multiple drug companies alleging she had to have her left eye surgically removed after using EzriCare eye drops linked to an outbreak of an infectious bacteria.
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July 19, 2024
Plaintiffs Drop Digital 'Wiretap' Suit Over Marketing Software
The plaintiffs in a proposed class action accusing a Colorado software service provider of illegally eavesdropping on visitors' interactions with the CVS.com website have voluntarily dropped their suit, according to a notice filed Friday.
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July 19, 2024
FTC Eyes Mid-Nov. Texas Hearing Against Mattress Merger
The Federal Trade Commission's case against Tempur Sealy's $4 billion planned Mattress Firm purchase is set to kick off in Texas federal court Nov. 14, the parties told an agency in-house judge Friday during a scheduling hearing.
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July 19, 2024
Fla. Man Charged With Selling Fake Tribal Jewelry In Wis.
A Florida man has been charged with several fraud-related counts after he was allegedly caught selling fake Native American jewelry at arts and crafts shows across the country, according to a grand jury indictment handed down in Wisconsin federal court.
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July 19, 2024
Axon Says FTC Has 'No Reason' To Wade Into Suit
Axon urged a New Jersey federal judge Thursday to "give no weight" to a Federal Trade Commission amicus intervention into a proposed class action against the company, arguing that however much the FTC bristles at references to an abandoned merger case, that consternation isn't relevant to the instant suit.
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July 19, 2024
12 Firms Guiding IPO Quartet Projected To Exceed $5B
Twelve law firms are on tap to guide four initial public offerings scheduled for the week of July 22 that could exceed $5 billion combined, led by potentially the year's largest IPO from cold-storage warehouse giant Lineage Inc.
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July 19, 2024
Shoemaker Asks Court To Trim Birkenstock Copycat Claim
A judge said Friday that she couldn't tell the difference between several popular styles of Birkenstock sandals and alleged "knockoff" versions made by a New Hampshire company based on photos, signaling potential trouble for the defendant in a trademark infringement lawsuit by the German footwear-maker.
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July 19, 2024
RJ Reynolds Unit Gets FDA Approval For 7 Vuse Vapes
A subsidiary of the tobacco giant R.J. Reynolds has secured permission from the U.S. Food and Drug Administration to sell seven Vuse-branded vapes, with the agency saying the tobacco-flavored products could "benefit" smokers looking to quit cigarettes.
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July 19, 2024
Off The Bench: Trial Time For Jerry Jones, Sunday Ticket Row
In this week's Off The Bench, Jerry Jones' legal battle with the woman claiming to be his daughter reaches a courtroom, Sunday Ticket subscribers clap back at the NFL, and soccer fans go after the stadium they could not enter for the Copa America final.
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July 19, 2024
FTC Says Microsoft Price Hike Shows Activision Deal Harm
The Federal Trade Commission told the Ninth Circuit that Microsoft's recently announced Game Pass price increase is an example of the harm caused by the company's $68.7 billion acquisition of game developer Activision Blizzard Inc.
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July 19, 2024
Prince Lobel Fires Atty Following Misconduct Investigation
A former general counsel for the Boston Cannabis Board turned chair of Prince Lobel Tye LLP's restaurant and hospitality group has been terminated by the Boston firm following an investigation, the firm confirmed to Law360 Pulse on Friday.
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July 19, 2024
OK Foods, Consumers Reach Deal In Chicken Price-Fixing Suit
Consumers accusing the nation's largest broiler chicken producers of coordinating and limiting chicken production to raise prices have told an Illinois federal judge that they've reached a settlement in principle with O.K. Foods, O.K. Farms and O.K. Industries.
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July 18, 2024
Insults Fly As Attys Beef Over Ex-NFL Player's Sex Abuse Suit
Attorneys for an ex-NFL player and the former controller for his reptile shipping company accused each other of stonewalling, dishonesty and running up litigation costs at a hearing Thursday, where a Colorado state judge largely ignored the lawyers' "speeches" and urged them to confer more meaningfully.
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July 18, 2024
Epic Says Apple's 'Strategic Delay' Tactics Still Ongoing
The ongoing fight between Epic Games and Apple over the tech giant's compliance with a court order meant to open up app payment competition showed little sign of abating as Epic continued to blast Apple for slow and incomplete production.
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July 18, 2024
Conn. Lawyer Group Wants In On Baby Injury Case
A group of Connecticut defense lawyers Wednesday told the state supreme court that they should be allowed to address issues in a suit involving a car seat that allegedly injured a child since its decision will affect whether state law holds that companies can be held liable for the absence of a child's relationship with their parents.
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July 18, 2024
Commerce Finalizes More Triple-Digit Mattress Duties
The U.S. Department of Commerce has announced its final determinations in anti-dumping investigations covering mattresses from four countries, with rates between 4.61% and 344.70%, and cleared Indonesian producers of countervailing duties, finding they benefited minimally from subsidies.
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July 18, 2024
Live Nation Previews Part Of Case Against DOJ Suit
Live Nation and Ticketmaster have teed up part of their fight against an antitrust lawsuit brought by the U.S. Department of Justice and multiple state attorneys general, arguing that the state law claims are "threadbare" and that a chunk of the DOJ case amounts to trying to force them to deal with competitors.
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July 18, 2024
LegitScript Asks 9th Circ. To Ax Price-Checker Antitrust Suit
LegitScript has told the Ninth Circuit that PharmacyChecker cannot bring antitrust claims for allegedly having its price-checking website blacklisted because the bulk of its business is geared towards helping people illegally import prescription drugs.
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July 18, 2024
FDA Sends More Warnings Over THC 'Copycat' Snacks
The U.S. Food and Drug Administration warned six companies to stop selling delta-8 edibles that resemble brand-name snacks such as Skittles, Chips Ahoy, Cheetos and Oreos, saying the lookalikes can fool "children or unsuspecting adults" and pose a real health hazard.
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July 18, 2024
Fed. Circ. Won't Deflate Air Mattress Patent Upheld At PTAB
The Federal Circuit on Thursday affirmed the Patent Trial and Appeal Board's conclusion that no claims of a Sun Pleasure Co. air mattress patent are invalid based on the grounds asserted by a Chinese company.
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July 18, 2024
Ex-Cop With Illness Spared Prison In EBay Harassment Case
A federal judge on Thursday agreed to spare a former California police captain and eBay employee from prison for a stalking and harassment campaign against two Massachusetts journalists, citing the defendant's cancer diagnosis and blaming the ordeal on "a warped corporate culture."
Expert Analysis
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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.
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Series
ESG Around The World: Brazil
Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.
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Vagueness In Calif. Climate Law Makes Compliance Tricky
California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Opinion
Nebraska Should Abandon Proposed Digital Ad Tax
If passed, Nebraska’s recently proposed Advertising Services Tax Act, which would finance property tax relief by imposing a 7.5% gross revenue tax on advertising services, would cause a politically risky shift of tax burdens from landowners to local businesses and consumers, and would most certainly face litigation, say attorneys at McDermott.
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What Retailers Should Note In Calif. Web Tracking Suits
As retailers face a deluge of class actions alleging the use of conventional web analytic tools violate wiretapping and eavesdropping provisions of the California Invasion of Privacy Act, uncovering the path toward a narrow interpretation of the law will largely depend on how these cases proceed, say Matthew Pearson and Kareem Salem at BakerHostetler.
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Chancery's Sears Ruling Clarifies Stockholder Duties
In a recent landmark decision involving stockholders of Sears Hometown and Outlet Stores, the Delaware Chancery Court addressed for the first time what precise duties a controlling stockholder owes, highlighting that controller interference with board action is not per se invalid and that enhanced scrutiny is a reasonableness test, say Christopher Chuff and Taylor Bartholomew at Troutman Pepper.
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What's At Stake In High Court NLRB Injunction Case
William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Expediting Psychedelics Approvals In The US And Canada
Accelerated regulatory pathways for psychedelics in the U.S. and Canada play a pivotal role in the progression of drugs, devices and novel therapies toward commercialization, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.
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Directors And Officers Face Unique AI-Related Risks
As privacy, intellectual property and discrimination lawsuits focusing on artificial intelligence increase, corporate directors and officers must stay aware of associated risks, including those related to compliance, litigation and cybersecurity, says Jonathan Meer at Wilson Elser.