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Retail & E-Commerce
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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.
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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.
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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.
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July 02, 2024
Amazon's PillPack Settles TCPA Class Suit
Amazon.com affiliate PillPack LLC has settled a class action suit 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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July 01, 2024
Enforcers Push Antitrust Agenda, Brace For Google Ruling
The first half of 2024 was marked by U.S. antitrust enforcers' pursuit of groundbreaking cases alleging anticompetitive conduct.
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July 01, 2024
Aldi Unit, Warehouse Settle Suit Over Rodent-Ravaged Sweets
A New Jersey federal court has permanently tossed a suit brought by an Aldi branch and its insurer seeking payback from a warehouse operator after rodents feasted on hundreds of thousands of dollars' worth of chocolate stored there, signing off on a settlement.
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July 01, 2024
Commerce Bulks Up Chinese Pea Protein Duties To 355%
The U.S. Department of Commerce announced final countervailing duties topping 355% for four Chinese makers of pea protein, while producers considered to be under government control will face anti-dumping duties approaching 270%.
Expert Analysis
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Anticipating Disputes In Small Biz Partnerships And LLCs
In light of persistently high failures of small business partnerships and limited liability companies, mediator Frank Burke discusses proactive strategies for protecting and defining business rights and responsibilities, as well as reactive measures for owners.
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The Often Overlooked NY Foreclosure Notice Requirements
As multifamily real estate defaults mount, New York foreclosing parties should be aware of pitfalls and perils that can await the litigant who is not prepared to ensure adherence with tenant notice requirements under the Real Property Actions and Proceedings Law, say Christopher Gorman and John Muldoon at Rosenberg & Estis.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Antitrust In Retail: The Meaning Of 'Accessible Luxury'
In order for the Federal Trade Commission to block a deal that would put six "accessible luxury" brands, including Coach and Michael Kors, under one roof, the agency will need to prove that this category is distinct from the true luxury or mass-market categories, says David Kully at Holland & Knight.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles at Finnegan.
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In Biz Account Breaches, Look Beyond The Payment Platform
A business's legal path to recovering funds after bad actors access a payment platform account and engage in unauthorized transactions can lead into murky legal territory where liability is unclear, and pursuing the payment platform itself will be an uphill, if not insurmountable, struggle, say Edward Marshall and Morgan Harrison at Arnall Golden.
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A Look At Calif. Contract Considerations In Fiji Water Ruling
A California appellate court's recent decision in Carolina Beverage v. Fiji Water, that a party may not seek contractual recovery on the basis of constructive termination, offers a look at contract construction and other considerations on negotiating distribution agreements, says Michael Laszlo at Clark Hill.
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Making Plans For BNPL Consumer Protection Compliance
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.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
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.
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Tailoring Compliance Before AI Walks The Runway
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.
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Recruitment Trends In Emerging Law Firm Frontiers
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.