Retail & E-Commerce

  • March 28, 2024

    Judge Doubts NBA NFT Licensors Belong In Meta Privacy Suit

    The developer of non-fungible token marketplace NBA Top Shot must face a proposed class action claiming it violated state and federal laws aimed at protecting video consumers, with the National Basketball Players Association and NBA Properties Inc., which handles the NBA's merchandising and licensing, escaping the suit for now.

  • March 28, 2024

    NY Garment Co. Appeals Valentino's Award In Copyright Feud

    A garment manufacturer has asked a New York federal court to hold off on enforcing Valentino SpA's arbitral award for costs related to a copyright case, saying it is a small company and will be ruined if the Italian luxury brand collects its money while an appeal remains pending.

  • March 28, 2024

    Va. Gov., Critic Of Legal Pot, Vetoes Bill To Begin Sales

    Glenn Youngkin, the Republican governor of Virginia, on Thursday vetoed a Legislature-approved bill that would have taxed and regulated the sale of adult-use cannabis, saying marijuana sales would pose a public health and safety risk to Virginians.

  • March 28, 2024

    NLRB Gets 1st Backing Of Starbucks Order In Circuit Court

    A split D.C. Circuit panel on Thursday enforced a National Labor Relations Board order finding Starbucks violated federal labor law by barring a worker from passing out union pins, marking the first time a federal appeals court has weighed in on a board decision against the coffee giant.

  • March 28, 2024

    ITC Judge Recommends General Exclusion In Wallet IP Case

    A U.S. International Trade Commission judge has found that a pair of Chinese companies flouted U.S. law by importing certain types of wallets, saying the imports should be banned.

  • March 28, 2024

    Judge Rejects Amazon's Bid To 'Backpedal' In BIPA Suit

    A Delaware federal judge will allow more plaintiffs to join a proposed class action accusing Amazon of violating Illinois' Biometric Information Privacy Act by collecting their voice data during calls to a financial services provider without consent, overriding the tech giant's apparent attempt to backtrack on standing concerns by instead seeking summary judgment.

  • March 28, 2024

    Chancery Tosses Mixmax Derivative Suit

    A stockholder who filed a derivative suit against two Mixmax Inc. directors without first notifying the company's board has failed to prove that a majority of the board was too compromised to respond to the shareholder's concerns, so the lawsuit must be dismissed, a Delaware Chancery Court judge ruled.

  • March 28, 2024

    Fitness Firm Wants TTAB To Ax Mountain Bike Co.'s TMs

    Workout products company Rogue Fitness has urged an Ohio federal judge to make the U.S. Patent and Trademark Office cancel a mountain bike seller's registration for its "Rogue Ridge" mark, arguing the USPTO's internal appeals board wrongly refused to do so when the fitness company objected.

  • March 28, 2024

    Claims Trimmed In Trader Joe's Chocolate Heavy Metals Suit

    A California judge has dismissed five out of nine claims in a consolidated complaint alleging that Trader Joe's Co. misled consumers by failing to disclose that its dark chocolate bars contain heavy metals, finding that the complaint doesn't do enough to allege that the amounts are actually dangerous.

  • March 28, 2024

    Adidas Defeats Hockey Fan's Red Wings Jersey Suit

    A Michigan federal judge on Wednesday tossed a hockey fan's lawsuit alleging Adidas misled customers into thinking its retail Red Wings jerseys were identical to the in-game uniforms, saying the customer couldn't point to any such promise from the sportswear company.

  • March 28, 2024

    Faruqi & Faruqi Beats 5 Firms To Lead NewAge Investor Suit

    A Colorado district judge has selected two clients of Faruqi & Faruqi LLP to lead an investor class action accusing the executives and directors of wellness company NewAge Inc. of securities fraud, saying the plaintiff with an even bigger financial interest is unfit for appointment because he hid his "troubling" background.

  • March 28, 2024

    Walmart Gives Enforcers More Time On $2.3B Vizio Deal Probe

    Walmart is giving the U.S. Department of Justice and Federal Trade Commission more time to complete their initial review of the retail giant's plan to boost its advertising business through the $2.3 billion purchase of smart television maker Vizio.

  • March 28, 2024

    Deals Rumor Mill: WeWork, Reading FC, Pet Food Co.

    Ex-WeWork CEO Adam Neumann looks to buy the company back, Chiron Sports Group is in talks to buy Reading Football Club, and the private equity firms Advent and CVC eye a pet food company. Here, Law360 breaks down the notable deal rumors from the past week.

  • March 28, 2024

    NBA Pro Antetokounmpo Lays Suit Against Bed-Maker To Rest

    NBA superstar Giannis Antetokounmpo has dropped his Wisconsin federal court lawsuit against luxury bed-maker Maree Inc., which he had accused of fraudulently scheming to mislead customers into thinking he had endorsed its products when he had not.

  • March 28, 2024

    Reynolds Falsely Hypes Foil As 'Made In USA,' Suit Says

    Reynolds Wrap misleadingly claims its aluminum is made in the United States although a significant amount of aluminum production takes place elsewhere, and none of the bauxite ore used to make it is mined in the U.S., according to a proposed class action filed in New York federal court.

  • March 28, 2024

    Auto Parts Mogul Must Face Lender's $127M Trust Fraud Suit

    An auto parts mogul must face allegations that he tampered with assets in a trust that owes hundreds of millions of dollars to a lending agent, a Michigan federal judge said this week after ruling the lender has plausibly alleged the mogul made fraudulent transfers to hinder the debt repayment.

  • March 28, 2024

    Rite Aid Says It Has Creditor Deal, Gets OK For Plan Vote

    A New Jersey bankruptcy judge Thursday gave Rite Aid the go-ahead to send its Chapter 11 plan out for a creditor vote after hearing it has reached a $47.5 million deal with unsecured creditors and is close to a settlement on state and federal claims over drug sales.

  • March 28, 2024

    FDA Warns 61 Stores Over Illegal Vape Sales

    The U.S. Food and Drug Administration this week sent warnings to 61 retailers for selling illegal Lava and Elf Bar cigarettes, saying that both of the unauthorized brands are popular with young people.

  • March 28, 2024

    Commerce Adds Export Admin Roles To Boost Nat'l Security

    The U.S. Department of Commerce's Bureau of Industry and Security is adding two new deputy assistant secretaries for export administration as part of a modernization drive to meet its growing national security role, the assistant secretary announced Thursday.

  • March 28, 2024

    Insurer's $1.37M Suit Over Stolen Walmart Flare Gun Misfires

    An Oregon federal judge has thrown out a $1.37 million suit from Ascot Specialty Insurance Co. against Walmart Inc. seeking to hold the retailer liable for a fire started by a stolen flare gun, saying the insurer has failed to show how Walmart is responsible for a third party's criminal acts.

  • March 28, 2024

    MSG-Maker Says Chinese Exporters Skirting Duties Via Malaysia

    The U.S. arm of Japanese monosodium glutamate manufacturer Ajinomoto Co. Inc. claims Chinese MSG producers are using a Malaysian competitor to evade duties on the umami flavor enhancer, saying the Malaysian company's facility isn't big enough to produce the product.

  • March 28, 2024

    Investors Strike $42.5M Deal In Brookfield-GGP Merger Suit

    Brookfield Property Partners LP has reached a tentative $42.5 million deal to bring an end to a yearslong battle with stockholders who alleged they were given misleading information about the global real estate company's 2018 acquisition of U.S. mall operator GGP Inc.

  • March 28, 2024

    Ex-BigLaw Atty Named Acting GC At Neptune Wellness

    Neptune Wellness Solutions Inc. elevated to acting general counsel one of its in-house lawyers, who previously worked in BigLaw, the consumer-packaged goods company said in a securities filing on Wednesday, just days after a federal judge's order to replace its legal counsel.

  • March 28, 2024

    'Better Made' Chips Goes After 'Better Smoke' Pot

    Detroit-based Better Made Snack Foods Inc. said a number of cannabis companies in Michigan have been selling a line of "Better Smoke" cannabis products that mimics the snack brand's century-old logo in a trademark infringement lawsuit filed Wednesday.

  • March 28, 2024

    Mass. Justices Say 2019 Sunday-Wage Ruling Is Retroactive

    Massachusetts' highest court on Thursday affirmed a finding that a furniture retailer violated the state's wage laws by paying salespeople overtime and a Sunday premium out of their own earned commissions, keeping intact a nearly $10 million damages award.

Expert Analysis

  • Antitrust Ruling Shows Limits Of US Law's Global Reach

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    Antitrust plaintiffs often cite the legislative history of the Foreign Trade Antitrust Improvements Act to support application of U.S. antitrust law to alleged injuries abroad, but as a California federal court recognized recently in Figaro v. Apple, the cited history does no such thing, say Daniel Swanson and Eli Lazarus at Gibson Dunn.

  • What To Know About State-Level Health Data Privacy Laws

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    Companies that handle consumer health data, including those in the retail sector, should take a conservative approach when interpreting the scope of new health privacy laws in Washington, Nevada and Connecticut, which may include development of privacy notices, consent procedures, rights request response processes and processor contracts, say attorneys at Hunton.

  • Opinion

    Intoxicating Hemp Products: It's High Time For Clarity

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    Thanks to ambiguity in the 2018 Farm Bill, intoxicating hemp cannabinoid products are largely unregulated and are widely available without restrictions on who can buy the products, and although there are several possible solutions, voluntary industry action by good actors is the best option, say Andrew Kline and Tommy Tobin at Perkins Coie.

  • Take AG James' Suit Over Enviro Claims As A Warning

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    New York Attorney General Letitia James' recent suit against JBS USA Food Co. over allegedly misleading claims about its goal to reach net zero by 2040 indicates that challenges to green claims are likely to continue, and that companies should think twice about ignoring National Advertising Division recommendations, say attorneys at Kelley Drye.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Examining The Arbitration Clause Landscape Amid Risks

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    Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.

  • 2nd Circ. Baby Food Ruling Disregards FDA's Expertise

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    The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.

  • Past CCPA Enforcement Sets Path For Compliance Efforts

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    The California Privacy Protection Agency and the California Attorney General's Office haven't skipped a beat in investigating potential noncompliance with the California Consumer Privacy Act, and six broad issues will continue to dominate the enforcement landscape and inform compliance strategy, say attorneys at Reed Smith.

  • How Policymakers Can Preserve The Promise Of Global Trade

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    Global trade faces increasing challenges but could experience a resurgence if long-held approaches adjust and the U.S. accounts for factors that undermine free trade's continuing viability, such as regional trading blocs and the increasing speed of technological advancement, says David Jividen at White & Case.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • A Rainbow Of Lessons From Fruity Pebbles' TTAB Loss

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    The Trademark Trial and Appeal Board’s January decision to deny Post Foods' bid to register a trademark on its Fruity Pebbles cereal brand underscores the importance of the interplay among mark description, mark drawing and goods identification when seeking protection for trade dress, say Troy Viger and Jenevieve Maerker at Finnegan.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Md. May See Vigorous Resale Price Maintenance Enforcement

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    In Maryland, indications of a new focus on resale price maintenance agreements are significant because state prosecution in this area has been rare, particularly outside California, say attorneys at DLA Piper.

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