Retail & E-Commerce

  • October 27, 2021

    Court Says Maine Pot Residency Rule Can Stay During Appeal

    A Maine federal judge on Wednesday said a state residency requirement for owners of medical cannabis businesses can remain in place while an appeal over the rule is pending before the First Circuit, saying the court did not want to upset the status quo.

  • October 27, 2021

    Amazon Wants Expanded DC Antitrust Suit Tossed

    Amazon.com Inc. has moved to toss the expanded lawsuit from D.C.'s attorney general accusing it of violating local antitrust law through contracts with third-party sellers and suppliers, saying the case seeks to undermine the company's pro-consumer approach.

  • October 27, 2021

    Louisiana To Regulate, Not Ban, Sale Of Delta-8 THC In Food

    Louisiana is set to allow hemp-derived Delta-8 THC in food after the state health department announced it has begun registering products, issuing permits and reviewing plans by manufacturers and distributors.

  • October 27, 2021

    CBD Retailer, Manufacturer Slip Claims They Stole Cream IP

    A Florida federal judge on Wednesday allowed Medterra CBD LLC and a manufacturer to exit a suit over their purported theft of a secret formula for CBD topical cream, leaving three claims against another defendant as the case heads to trial.

  • October 27, 2021

    Latham, Cooley Steer Rent The Runway's Upsized $357M IPO

    Women's clothing rental company Rent the Runway Inc. debuted Wednesday in public markets after completing an upsized $357 million initial public offering that priced at the top of its range, guided by Latham & Watkins LLP and underwriters counsel Cooley LLP.

  • October 27, 2021

    P&G's Oral-B Smart Toothbrush App Violates BIPA, Suit Says

    Procter & Gamble violated Illinois' landmark biometric privacy law with its Oral-B "smart toothbrush" and an accompanying app that uses consumers' smartphone cameras to extract users' facial geometry without informed, written consent, according to a consumer's putative class action filed in Illinois state court Tuesday.

  • October 27, 2021

    Calif. Again Fines El Super Grocery Chain Over COVID Leave

    California's labor regulator Tuesday fined El Super grocery stores over $1.16 million for allegedly failing to provide paid sick leave to workers impacted by COVID-19, marking the second time this year the chain was cited by the office for the purported violations.

  • October 27, 2021

    Amazon Settles Employee Pot Testing Case In Iowa

    Amazon has apparently settled a suit over its marijuana testing practices filed by an Iowa man who said his February job offer for a warehouse position was rescinded after a positive drug test.

  • October 27, 2021

    Jury Deliberates After Ex-Iconix CEO's Attys Slam Charges

    A Manhattan federal jury weighed fraud charges against former Iconix Brand Group CEO Neil Cole Wednesday, after Cole's lawyers rejected as illogical prosecutors' case claiming he schemed to book $11 million in fake revenue that tricked Wall Street.

  • October 27, 2021

    Nike Infringed 'Cool Compression' TM, Pa. Jury Says

    A Pennsylvania federal jury found Wednesday that Nike infringed Philadelphia-area sportswear company Lontex Corp.'s trademarked "cool compression" branded clothing.

  • October 26, 2021

    MedMen Targets Enforceability Of Ex-CFO's Contract At Trial

    The former chief financial officer of MedMen spent Tuesday under cross-examination fielding questions aimed at convincing a Los Angeles jury that the terms of his employment agreement he claims the cannabis giant breached are unenforceable because he crafted his own deal with nonexistent negotiations.

  • October 26, 2021

    Kanye's Yeezys Are Shipping Too Late, California Says

    Buyers of Kanye West's Yeezy apparel brand have had to wait far too long to receive their clothing and shoe purchases, according to a lawsuit filed by the state of California, which alleges that the designer apparel brand broke Golden State business law.

  • October 26, 2021

    Ex-Worker Slams Airport Shops' Bid To Toss Data Breach Row

    An ex-employee suing a company that runs hundreds of newsstands, shops and restaurants in airports has asked a Georgia federal judge not to throw out his suit over a ransomware attack that exposed his and others' personal information to hackers, saying the stolen data can be used for identity theft.

  • October 26, 2021

    Jay-Z Invokes Macy's 'Shop-And-Frisk' At Perfume Profit Trial

    Jay-Z's counsel raised a 2013 racial profiling scandal at Macy's as a defense to a perfumer's allegations he failed to promote his cologne at trial on Tuesday after a former perfume executive told a New York state jury that the department store felt "snubbed" by Jay-Z.

  • October 26, 2021

    Valve Gets Consumers, Not Game Developer, Into Arbitration

    Consumers pursuing antitrust claims against online gaming giant Valve must submit to arbitration they agreed to when they began playing, a federal judge in Washington state ordered Monday, but the judge allowed claims from game developer Wolfire to proceed in court.

  • October 26, 2021

    ViSalus Seeks 9th Circ. Reprieve From $925M TCPA Verdict

    Health supplement maker ViSalus has asked the Ninth Circuit to lift a $925 million "death sentence" against it for sending 2 million unsolicited robocalls, arguing that product promoters and customers voluntarily gave their phone numbers.

  • October 26, 2021

    CBD Retailer Says PayPal Wrongfully Locked Its Accounts

    PayPal unlawfully shut off a Brooklyn retailer's accounts because its new line of CBD oil products violated the digital payment company's policy against the sale of drugs and other consumer risks, according to a lawsuit filed Monday in New York federal court.

  • October 26, 2021

    11th Circ. Clears Way For Enterprise To Settle WARN Act Suit

    In light of a settlement reached between Enterprise and former employees of the company alleging it should have given notice of mass layoffs due to the COVID-19 pandemic, the Eleventh Circuit relinquished power over the appeal and remanded the dispute to the district court to consider the agreement.

  • October 26, 2021

    Real Estate Rumors: National Retail, Constangy, Gomez

    National Retail Properties is reportedly considering building a 31,139-square-foot Publix in Florida, Constangy Brooks Smith & Prophete LLP is said to be moving to 5,315 square feet in Brooklyn, and Gomez Development Group has reportedly landed $45 million in financing for a Florida medical office project.

  • October 26, 2021

    Feds Say 2003 Deal Shows Ex-Iconix CEO Up To Old Tricks

    Federal prosecutors asked a Manhattan jury Tuesday to find former Iconix Brand Group CEO Neil Cole guilty of orchestrating an $11 million fraud, asserting that Cole's 2003 deal with securities regulators undercuts his claim of ignorance about alleged sham transactions from 2014.

  • October 26, 2021

    Trade Commission Signs Off On Specialty Paper Import Tariffs

    The U.S. International Trade Commission approved tariffs on paper used to make labels and receipts from Germany, Japan, South Korea and Spain on Tuesday, finding that unfairly priced imports had injured U.S. producers.

  • October 26, 2021

    Whole Foods Settles Wage Claims By Off-Duty NYPD Cops

    Whole Foods will fork over $185,000 to get out of a proposed class and collective action alleging several businesses and New York City failed to properly compensate NYPD officers who worked an off-duty security program, according to federal court papers filed Monday.

  • October 26, 2021

    Leafly Wins Challenge To Fla.'s Medical Pot Online Order Rule

    A Florida administrative law judge has ruled that the state's Health Department must immediately stop relying on a policy preventing medical marijuana companies from using Leafly and other sites for online orders, finding that the state agency's policy constitutes an unadopted rule.

  • October 26, 2021

    Retail Group Asks Justices To Solve Uber's PAGA Arb. Clash

    It is unfair to prevent Uber from forcing drivers to arbitrate claims they bring on behalf of California through the state's Private Attorneys General Act, the Retail Litigation Center said, urging the U.S. Supreme Court to weigh in on the dispute.

  • October 25, 2021

    Walmart, Hotel Hit With Ill. Suits Over Workers' Finger Scans

    Walmart and the operators of a Marriott hotel are the latest to be hit with proposed class actions accusing them of unlawfully collecting and disclosing their Illinois employees' fingerprints for time-tracking purposes, as Illinois' appellate courts separately work to resolve vital questions over the scope of the state's unique biometric privacy law. 

Expert Analysis

  • Opinion

    Lawyers Can And Should Commit To Climate Action

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    It is time for lawyers to stop hiding behind moral nonaccountability in the face of climate chaos, as attorneys have the power to fight for environmental justice with the clients they choose to represent, policy research and more, say members of Law Students for Climate Accountability.

  • How Epic V. Apple Ruling Might Play Out For Big Tech

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    A California federal judge's recent mixed ruling in the Epic v. Apple antitrust case may not change the essential way Apple does business, but a key holding that permits app users to pay for subscriptions outside of the company's App Store may have long-term ramifications on Big Tech's ecosystem, say Scott Wagner and Ilana Drescher at Bilzin Sumberg.

  • Series

    Confronting Origination Credit: Why GCs Need To Speak Up

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    In order to promote diversity and inclusion in the legal profession, in-house counsel should leverage their influence by talking to their outside firms about fair origination credit allocation, because many law firm compensation systems are still shrouded in mystery, and underrepresented attorneys often face entrenched inequities, says Michelle Banks at BarkerGilmore.

  • Best Practices As More Retailers Join The Secondhand Space

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    Retailers entering the burgeoning secondhand market face best practice issues that traditional sellers may not be accustomed to considering, including the risk of deceptive reference pricing and extensive regulations under California's secondhand dealer law, say attorneys at Steptoe & Johnson.

  • Opinion

    9th Circ. COVID Coverage Ruling Misapplies Burden Of Proof

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    The Ninth Circuit’s recent decision in Mudpie v. Travelers Casualty Insurance, dismissing a COVID-19 insurance coverage claim, incorrectly applied the burden of proof to the policyholder instead of the insurer, disregarding the crucial differences between third-party liability and first-party all-risks insurance policies, says Lee Epstein at Flaster Greenberg.

  • Financial Planning Tips For Retiring Law Firm Partners

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    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • 4 Practical Pointers For Litigating A Design Patent Case

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    The recent Federal Circuit opinions in Campbell Soup v. Gamon Plus and the case of SurgiSil underscore the substantial differences between design patents and utility patents, but intellectual property litigators can better prepare themselves to dive into this area by keeping in mind a few critical recommendations, says Nathan Sabri at MoFo.

  • What FTC's 'Penalty Offense Notices' Mean For Companies

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    In recent weeks, the Federal Trade Commission has resurrected a long-dormant enforcement power by sending hundreds of companies notices of marketing-related offenses — and while the agency may face practical challenges in executing penalties, companies should proceed carefully, say attorneys at Manatt.

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • Compliance Tips For Marketing Health Benefits In Alcohol

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    When it comes to marketing alcohol products around health benefits, such as vitamin-fortified hard seltzer, accurately understanding product classification, along with regulators' stance on individual beverage claims, will make it easier to avoid regulatory risk, say attorneys at DLA Piper.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Opinion

    No Signs Of Turning, Tide Of Insurer COVID Wins Persists

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    The trend of COVID-19 business interruption decisions favoring insurers continues to hold strong — any commentary to the contrary is striking a narrative that is not borne out by reality, say attorneys at Dentons.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • Opinion

    Bankruptcy Venue Reform Bill Needs Amending

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    The Bankruptcy Venue Reform Act, currently pending in Congress, goes too far in limiting Chapter 11 filings to jurisdictions where a debtor's principal assets or headquarters are located; we propose a more targeted solution that considers the current reality of complex corporate structures, say Kenneth Rosen and Philip Gross at Lowenstein Sandler.

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