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Retail & E-Commerce
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May 13, 2024
Judge Says Bold, Italic Font Muddies Allbirds Investor Suit
A California federal judge has tossed for now a proposed class action from Allbirds Inc. investors who claim the sustainable shoe retailer made false and misleading statements in registration documents connected to its initial public offering, saying the complaint doesn't indicate which statements from the company's executives were allegedly misleading.
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May 13, 2024
2nd Circ. Affirms Dismissal Of Bystolic Antitrust Suit
The Second Circuit issued its first decision under the high court's Actavis "pay for delay" ruling on Monday, affirming the dismissal of a case alleging that an AbbVie predecessor delayed competition for its hypertension treatment Bystolic through deals with several generic makers.
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May 13, 2024
Corp. Transparency Act An Overbroad Dragnet, 11th Circ. Told
Congress exceeded its authority in passing the Corporate Transparency Act, which prompted the U.S. Treasury Department to solicit personal information for law enforcement purposes from those that registered and owned state-registered entities, a small-business group told the Eleventh Circuit on Monday.
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May 13, 2024
Kroger Says Wash. AG's Merger Suit Ignores Costco's Impact
The Washington state attorney general's challenge to Kroger's proposed $24.6 billion acquisition of rival grocery giant Albertsons ignores key economic realities, the companies argued in recent state court filings, including fierce competition from Costco and other big-box retailers.
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May 13, 2024
EU Designates Booking.com As Gatekeeper, X Ads Escape
The Dutch company that owns popular travel site Booking.com is the latest company to be hit with the gatekeeper designation by the European Commission, and the social media platform X may be next.
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May 13, 2024
Vietnamese Fish Exporter Sues Over 'Vague' Duty Instructions
A Vietnamese frozen fish fillet producer filed suit at the U.S. Court of International Trade, claiming the U.S. Department of Commerce erroneously calculated an anti-dumping duty rate for its products and then issued instructions subjecting it to a higher rate.
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May 13, 2024
Catching Up With Delaware's Chancery Court
Sunken treasure, recycled plastics, questionable denim and dog food all made appearances in Chancery Court dockets last week, along with developments in cases involving Qualcomm, Tesla Inc., and Truth Social. In case you missed it, here's the latest from Delaware's Chancery Court.
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May 13, 2024
Justices Reject COVID App Makers' Last-Ditch Apple Appeal
The U.S. Supreme Court dealt the latest blow Monday to app developers who've struck out at every turn on antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, refusing to look at a Ninth Circuit's refusal to revive the lawsuit.
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May 10, 2024
Epic Judge Raises Eyebrows About Apple's New 27% App Fee
The California federal judge overseeing Epic's antitrust case against Apple challenged the terms the tech giant is using to comply with her order to allow app developers to send users to outside payment platforms, saying Friday that Apple appears to be trying to maintain its past revenue with a new 27% fee.
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May 10, 2024
Starship Enterprise Finders Accuse Auction House Of Fraud
A pair of friends who found the long-lost model of the USS Enterprise starship featured in the "Star Trek" TV series have accused a prominent auction house of cheating them out of hundreds of thousands of dollars by secretly negotiating a cheaper deal with the son of the series creator for publicity.
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May 10, 2024
Retail Group Opposes $1B Arbitral Award Against Walgreens
An advocacy group for the retail industry is backing Walgreens as it looks to set aside a nearly $1 billion arbitral award in a dispute with a COVID test maker, telling a Delaware federal judge that judicial intervention is warranted in this case.
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May 10, 2024
Patent Owners Face Risks In Amazon Program After Ruling
The Federal Circuit ruled earlier this month that a company alleging patent infringement through Amazon's patent evaluation program must face a declaratory judgment suit in the accused infringer's home state. The holding creates a risk for patent owners who may rethink using the program, attorneys told Law360.
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May 10, 2024
Pa. Man To Cop To Dick's Sporting Goods Insider Trading
A Pennsylvania man intends to plead guilty to insider trading on Dick's Sporting Goods securities in which he made nearly $825,000 based on tips unwittingly passed to him from an acquaintance who worked for the retail chain, according to federal court filings.
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May 10, 2024
Zeekr's US Debut Could Spur More IPOs From China
Electric-vehicle maker Zeekr's robust initial public offering sent an encouraging signal to Chinese companies considering whether to tap U.S. markets after a long lull, despite continued risks stemming from fractured U.S.-China relations, experts said Friday.
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May 10, 2024
Trade Court Lets Solar Duties Suit Proceed Over Feds' Protest
U.S. solar panel manufacturers' suit over a two-year pause on new duties for competitors from four Southeast Asian countries survived the government's push for dismissal this week, with the trade court affirming its authority over the case.
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May 10, 2024
Walmart Must Pay $1M Injury Verdict, Ga. Appeals Court Says
The Georgia Court of Appeals won't give Walmart a way out of a $1 million verdict owed to a woman injured in a store in 2018, dispatching Friday with the retail chain's argument that the verdict was blatantly excessive.
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May 10, 2024
NY Gov. Orders Shakeup Of Cannabis Regulatory Agency
New York Gov. Kathy Hochul on Friday announced an overhaul of the state's embattled cannabis regulatory agency, unveiling an investigative audit that showed how "inexperienced" leaders "wasted valuable time and resources," and then declaring $5 million in one-time grants would be awarded to a select group of applicants who took a financial hit by the licensing delays.
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May 10, 2024
Nipple Covers Don't Stick To Body As Advertised, Suit Says
Cakes Body LLC faces a putative class action filed Thursday in California federal court by a consumer who says the company falsely creates the impression that its reusable nipple covers function as alternatives to bras that adhere to the body, but that the product doesn't work as advertised.
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May 10, 2024
Ex-Wayfair Web Designer Says Racism Forced Him Out
A Black former Wayfair web designer says he faced a workplace "infused by racial discrimination" during his two years with the Boston-based online retailer and suffered retaliation when he complained, according to a suit filed Friday in Massachusetts state court.
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May 10, 2024
9th Circ. Splits PAGA Claims In Macy's Arbitration Fight
Macy's can't compel arbitration of nonindividual claims in a worker's wage suit brought under California's Private Attorneys General Act, the Ninth Circuit ruled Friday, saying language in an arbitration pact prevents blending together different types of claims.
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May 10, 2024
JLM Couture Nears Settlement With Bridal Dress Designer
Dressmaker JLM Couture told Delaware's bankruptcy court Friday it reached an agreement in principle with a bridal dress designer, who was sued by the company and had sought to convert its Chapter 11 case into a Chapter 7 liquidation.
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May 10, 2024
Guess? Sued To Stop Founders' Alleged Pending Equity Grab
A pension fund stockholder of Guess? Inc. has sued the company, its founders, and its board in Delaware's Court of Chancery, alleging "a covert attempt to strip the company's public stockholders of their contractual right to equal treatment" in connection with a merger or sale of Guess.
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May 10, 2024
Dollar Tree Parent Sued Over Alleged Lead In Cinnamon
Dollar Tree Inc.'s parent company and a New York family-owned food business were hit Thursday with a proposed class action in New York federal court alleging that the chain sold cinnamon that was contaminated with lead, following U.S. Food and Drug Administration recalls of lead-tainted cinnamon.
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May 10, 2024
Sam Ash Music Can Tap $20M DIP That Trustee Opposed
Music store chain Sam Ash won a New Jersey bankruptcy court's blessing Friday to borrow $20 million in Chapter 11 financing, defeating an objection by the U.S. Trustee's Office to a mechanism that would let the funds be used to pay off existing debt held by the lender.
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May 10, 2024
Pepperidge Farm Drivers Not Employees, 3rd Circ. Affirms
Three delivery drivers for Pepperidge Farm are independent contractors, not employees, and thus cannot sue the company for state wage and hour law violations, a Third Circuit panel ruled Friday, saying the drivers' daily responsibilities make it clear they are self-employed.
Expert Analysis
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US Cos. Must Guard Against Russian Diversion Of Goods
Amid allegations that Russia is end-running trade sanctions through the diversion of otherwise innocuous, everyday goods, U.S. industry involved in the manufacture or distribution of electric products must step up its customer and partner due diligence to avoid unwittingly facilitating the weapons proliferation cycle, say attorneys at Arnold & Porter.
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Staying Ahead Of The AI Policymaking Curve
With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.
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10 Years Of Retail Battles: Unpacking Pricing Litigation Trends
A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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What Cos. Can Learn From 2023 Export Enforcement Report
A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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OCC Guidance May Lead Off 'Buy Now, Pay Later' Regulations
The Office of the Comptroller of the Currency's bulletin released last month to assist national and federal savings banks with managing the risks posed by "buy now, pay later" lending may be the start of increased state legislation or guidance specifically aimed at regulating such loans, say Susan Seaman and Jacob Huston at Husch Blackwell.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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How States Vary On The Fireman's Rule And Its Applicability
A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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9 Contractual Issues Tech Startups Should Be Wary Of
Technology startups often overlook relatively simple but crucial contracting steps that are essential to owning and protecting their intellectual property, and the consequences of this will almost always surface at some point, typically in connection with a key investment or other significant transaction involving the business, say attorneys at Mayer Brown.
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5 AI Risks For Corporate Boards To Examine
Whether companies are building their own artificial intelligence technology or leveraging third-party tools, their directors should get educated on certain legal issues and business risks to ensure the adoption of policies that foster responsible use of generative AI, say James Gatto and Tiana Garbett at Sheppard Mullin.