Retail & E-Commerce

May 07, 2024
Ways And Means Chairs Decry China Tariff Review 'Inaction'

The chairs of the House Ways and Means Committee and its Trade Subcommittee chided U.S. Trade Representative Katherine Tai in a letter Tuesday over her office's purported "inaction" in reviewing tariffs covering $300 billion worth of goods from China.
May 07, 2024
DOJ Tells High Court To Undo 4th Circ. OT Carveout Ruling

Employers need only adhere to a less stringent standard in proving whether a worker is overtime-exempt, the U.S. Department of Justice told the U.S. Supreme Court Tuesday in support of the reversal of a Fourth Circuit ruling that sales workers didn't fit the carveout's guidelines.
May 07, 2024
Policy Dispute Should Be Heard In Wash., Colo. Judge Says

A Colorado federal court has tossed an insurer's suit seeking a declaration that it doesn't owe $4 million in coverage to a climbing equipment manufacturer and its primary insurer, finding that a related case in Washington state court provides a better opportunity to resolve the parties' dispute.
May 07, 2024
Russian Charged Over $100M LockBit Ransomware Scheme

Federal prosecutors said Tuesday they have charged a Russian national with founding and heading the prolific ransomware group LockBit, which is accused of stealing more than $100 million from its victims.
May 07, 2024
Amazon Worker Wants Class Cert. In Military Leave Suit

A former Amazon worker urged a New York federal court to greenlight a more than 9,000-member class of military reservists in her lawsuit accusing the e-commerce giant of failing to provide paid leave for employees on active duty, saying the dispute is best suited for class treatment.
May 07, 2024
Amazon Blasts Writer's Ownership Claim Over New 'Road House'

Amazon Studios and others involved in the 2024 remake of 1989's "Road House" movie told a California federal court that the writer behind the original film who is suing for copyright infringement does not own the rights to the script for the original.
May 07, 2024
Attys Denied $10M Fees As Family Dollar Deal Is Approved

A Tennessee federal judge has given final approval to a settlement to end consumer claims stemming from a rodent infestation at a Family Dollar Stores Inc. warehouse, but denied a bid by class counsel for $10 million in fees.
May 07, 2024
US Chemical Cos. Say Chinese Refrigerant Duties Are Wrong

Domestic chemical companies called on the U.S. Court of International Trade to scrap new anti-dumping duties on Chinese hydrofluorocarbons, saying the duties were based on economic information from Romania, which allegedly doesn't produce a similar product.
May 06, 2024
Ikea Sanctioned For Deleting Emails In Age Bias Suit

A Pennsylvania federal judge on Monday sanctioned Ikea for deleting four email accounts it had a duty to preserve in a proposed collective action alleging the furniture retailer discriminated based on age, saying Ikea was grossly negligent, the plaintiffs were prejudiced and the retailers' subsequent "strategy of delay and obfuscation" was "offensive."
May 06, 2024
2nd Circ. Hints At Reviving Suit Against 'Insider' Hedge Fund

The Second Circuit on Monday appeared ready to revive a derivative lawsuit against a hedge fund alleged to have profited from its status as a corporate insider of 1-800-Flowers, with a majority of the court casting doubt on the fund's argument that a recent U.S. Supreme Court decision defeats the case on standing.
May 06, 2024
Judge Weighs Discovery Need On McD's No-Poach Standard

No-poach antitrust litigation against McDonald's is getting back underway in Illinois federal court following the U.S. Supreme Court's refusal of the fast food giant's appeal, spurring the district court judge to consider whether more discovery might be needed to determine the appropriate standard that will govern the case.
May 06, 2024
Alaska Man Gets 2 Years Over 'Bud And Breakfast' Scheme

An Alaska man has been sentenced to two years in prison and will have to pay more than $580,000 in restitution after duping investors into staking a purported plan to build a marijuana-themed hospitality center referred to as a "Bud and Breakfast."
May 06, 2024
US Thrashes Mexico's 'Inaccurate' Portrayal Of GMO Corn

The United States has responded to Mexico's ban on imports of genetically modified corn, calling its portrayal of the risks of such crops an unscientific and "inaccurate" description as well as a violation of the United States-Mexico-Canada Agreement.
May 06, 2024
Fed Law Doesn't Preempt Colo.'s Kroger Deal Challenge: DOJ

The U.S. Department of Justice weighed in on Kroger and Alberton's arguments that the Colorado attorney general should not be able to challenge their national merger, arguing instead that states have an important solo role and there is nothing stopping a state court judge from blocking a deal regionally.
May 06, 2024
GM Tells Mich. Justices Not To Heap On More Auto Regulation

General Motors urged the Michigan Supreme Court to reject a call to expand the reach of a state consumer protection law to the automotive industry and others, saying federal and state oversight already protects car buyers.
May 06, 2024
Amazon Loses Bid To Ship Patent Case From EDTX To Wash.

An Eastern District of Texas judge has denied Amazon's motion to transfer a two-factor authentication patent suit against it to the Western District of Washington, ruling that the e-commerce giant didn't show that its home base was clearly a more convenient location.
May 06, 2024
Pet Food Co. Hill's Sues Exec In Del. To Block Freshpet Job

Hill's Pet Nutrition Inc. asked Delaware's Court of Chancery on Monday to bar its former U.S president from taking a position with smaller industry competitor Freshpet Inc., saying the hiring was imminent and urging fast-track proceedings to block the move.
May 06, 2024
Class Actions Target Conn. Dealership Prices For 'VIN Etching'

Three proposed class actions seeking to represent thousands of automobile buyers have accused Connecticut dealerships of overcharging for a service called VIN etching, which is designed to make it harder for thieves to offload stolen vehicles.
May 06, 2024
SEC's Grewal Says Self-Reporting Best Bet For No Penalties

Self-reporting is the most important factor that U.S. Securities and Exchange Commission enforcement staff weigh in determining cooperation credit and whether a firm should face a penalty, SEC Enforcement Director Gurbir Grewal said in an interview with Law360.
May 06, 2024
Fashion Cos. Aim To Make FTC Define Market In Merger Suit

Fashion companies Tapestry Inc. and Capri Holdings Ltd. have asked a New York federal court to order the Federal Trade Commission to define the proposed relevant market in its suit attempting to block the companies' planned $8.5 billion merger, saying they need a specific definition of the market in order to properly defend the deal.
May 06, 2024
Catching Up With Delaware's Chancery Court

A record $100 million settlement, a fishy Facebook decision, a canceled Amazon delivery and an upended $7.3 billion sale dispute topped the news out of Delaware's Court of Chancery last week. There were also new cases involving Hess, Microsoft and the 2022 World Cup.
May 06, 2024
Amazon Workers Answer Judge's $5.5M COVID Deal Inquiries

Amazon employees assured a California federal court that their $5.5 million proposed class action deal is fit for approval, giving additional information on the terms and saying the company backed ending the lawsuit accusing the e-commerce giant of failing to pay for time spent undergoing COVID screenings before shifts.
May 06, 2024
CBP Denies Delay To Ban Ivorian Cocoa, Says Probe Is Active

U.S. Customs and Border Protection countered accusations that it is taking too long to ban cocoa imports allegedly harvested using child labor, telling the U.S. Court of International Trade it does not have a statutory deadline to complete its investigation.
May 06, 2024
Experienced Trade Disputes Atty Joins Baker McKenzie In DC

Baker McKenzie announced Monday that it has hired an experienced attorney with more than a decade spent working on international trade matters as a partner in its Washington, D.C., office.
May 03, 2024
Judge Asks About Ad Quality As Google Search Trial Wraps

The D.C. federal judge overseeing the government's search monopolization case against Google peppered attorneys from both sides on Friday during the final day of trial arguments about how to address Google's contention that it raises ad prices to coincide with product improvements.

Expert Analysis

5 Trends That Will Affect Food Litigation In 2024

In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.
The Space Law And Policy Outlook For 2024

Expect significant movement in space law, regulation and policy in 2024, as Congress, the administration and independent federal agencies like the Federal Communications Commission address the increasingly congested, contested and competitive nature of space and the space industry, say Paul Stimers and Leighton Brown at Holland & Knight.
Charting The Course For Digital Assets In 2024

Although 2023 was a tough year for the digital asset industry, upcoming court decisions, legislation and regulatory action will bring clarity, allowing the industry to expand and evolve, and the government will decide what innovation it will allow without challenge, says Joshua Smeltzer at Gray Reed.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
5 Most Notable Class Action Standing Cases Of 2023

Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
Trends Shaping The 2024 Consumer Packaged Goods Industry

The better-for-you segment within the consumer packaged goods industry is poised for a significant evolution in 2024, and industry players must remain agile and adaptive through M&A activities, legal considerations, sustainability initiatives and changing technology, says Christopher Cain at Foley & Lardner.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
A Difficult Year For CRE, But Future May Be Brighter

2023 was a challenging year for the commercial real estate industry, marked by significant uncertainty, but market pressure and signs of rising interest rates provide some reasons to be cautiously optimistic for the year ahead as pandemic headwinds and gridlock fade away, say attorneys at Ropes & Gray.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
Opinion

Why Challenges To FTC Authority Are Needed

In spite of skepticism from courts, the Federal Trade Commission continues to advance novel legal theories — and Meta's recent federal suit against the agency over its alleged "structurally unconstitutional" administrative proceedings is arguably an expression of backlash to regulatory overreach, says Daniel Gilman at the International Center for Law & Economics.
Analyzing 1 Year Of Comments On FTC's Green Guides

A review of over 7,000 comments submitted in the year since the Federal Trade Commission requested feedback on its Green Guides reveals widespread concern over how the existing guidelines leave room for interpretation, putting businesses in a challenging position when marketing products, say Mark Levy and Emma Lombard at Eckert Seamans.
The Key Laws Retailers Should Pay Attention To In 2024

2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.
Fed's New Swipe At Debit Fees Stirs Up Dilemma For Banks

The Federal Reserve's proposal to reduce the cap on debit card interchange fees charged or received by card issuers and payment networks comes as other bank account fees are taking regulatory hits, which could all culminate in an overall decline in access to banking products and services, says Kristen Larson at Ballard Spahr.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.