Retail & E-Commerce

  • September 30, 2022

    The 5 Biggest Cases This Supreme Court Term

    The reversal of constitutional abortion protections last term has court watchers wondering: Is affirmative action next? But the lawsuits against Harvard University and the University of North Carolina are far from the only blockbusters on the docket in what is likely to be another landslide term for conservatives. Here, Law360 breaks down five cases to watch. 

  • September 30, 2022

    Home Depot ERISA Suit Judge Declines Recusal, Tosses Case

    A Georgia federal judge Friday denied a recusal bid by current and former Home Depot employees and tossed their putative class action alleging the retailer mismanaged their retirement savings, although he noted in his 97-page opinion that recusal was "tempting" given the complexity of the Employee Retirement Income Security Act suit.

  • September 30, 2022

    Under Armour Investors Win Cert. In Consumer Demand Suit

    A Maryland federal judge on Thursday certified a class of shareholders claiming that Under Armour Inc. misled investors as to consumer demand for its products, rejecting the sports apparel company's argument that the proposed class representatives weren't right for the dispute.

  • September 30, 2022

    Judge Finds Wonderful Pistachios Packaging Not Distinctive

    A New York federal judge said Thursday the colors the company behind Wonderful Pistachios uses to package its nuts "are never inherently distinctive," dismissing without prejudice The Wonderful Co. LLC's trademark lawsuit.

  • September 30, 2022

    Costco Slips Sparkling Water Flavor False Ad Row, For Now

    An Illinois federal judge on Thursday axed a proposed class action that claims Costco's black raspberry sparkling water label misleads consumers about how the beverage is flavored, holding that the suit fails to plead fraud and that the plaintiff's interpretation of the beverage's label is "fanciful and unreasonable."

  • September 30, 2022

    CVS, Customers Settle Suit Over Repeated Robocalls

    CVS Pharmacy Inc. has reached an undisclosed settlement in a proposed class action that alleged it placed illegal robocalls to its customers, with both sides asking an Illinois federal judge to dismiss the case.

  • September 30, 2022

    Albright Says Amazon Foe's Patents Are Invalid Under Alice

    U.S. District Judge Alan Albright told a patent licensing business on Friday the patents it asserted against Amazon that cover a way of programming TVs to recommend certain shows are similar to patents that were axed by the U.S. Supreme Court's landmark Alice decision.

  • September 30, 2022

    Massive Insurance Cartel Alleged In Suit By Major Firms

    A group of national corporations is hoping to take the Blue Cross Blue Shield insurance network to court for conspiring to geographically divide coverage areas in order to decrease competition for employee health plans.

  • September 30, 2022

    CFTC Says Digitex Exchange Founder Inflated Crypto Price

    The founder of the Digitex Futures exchange was charged Friday by the Commodity Futures Trading Commission with violating trading laws by artificially inflating the price of his cryptocurrency and failing to implement verification procedures designed to prevent money laundering.

  • September 30, 2022

    SXSW Loses Bid For Coverage Of Ticket Refund Class Action

    The organizers of the South by Southwest festival can't get coverage for an underlying lawsuit brought by refund-seeking ticket holders following the coronavirus-triggered cancellation of the 2020 event after a federal judge adopted a magistrate judge's recommendation that a contract exclusion bars coverage.

  • September 30, 2022

    ESPN Latest Co. On Hook For Sharing User Data With Meta

    ESPN Inc. has joined the ranks of those being sued for allegedly sharing, without consent, their subscriber information with Facebook parent Meta in violation of the Video Privacy Protection Act, according to a complaint filed in a Pennsylvania federal court.

  • September 30, 2022

    Ill. Judge Halts Town Ordinance Forcing Gas Station Closure

    An Illinois state judge said Friday that the village of Oak Park can't enforce an ordinance requiring a group of 24-hour gas stations to close between midnight and 5 a.m. until he can determine whether the regulation has a rational basis.

  • September 30, 2022

    3rd Circ. Preview: Home Depot MDL Row, Secret Service Spat

    The Third Circuit's October argument schedule will be highlighted by Home Depot's fight to keep its drywall antitrust case against a building supply company from being thrown into an existing multidistrict litigation proceeding.

  • September 30, 2022

    Detroit Cannabis Licensing Unfair To Non-Residents, Suit Says

    A recent Detroit ordinance for cannabis licensing is unconstitutional because it prohibits co-located medicinal and recreational shops and creates an equity applicant pathway that gives an upper hand to long-term residents, a suit in Michigan federal court alleges.

  • September 30, 2022

    US Trustee Says Buyk Auctioneers Can't Claim Premiums

    The U.S. Trustee's Office is asking a New York bankruptcy judge to deny the fee applications of two auctioneers retained to sell the inventory of bankrupt grocery delivery app Buyk, saying they are trying to collect unauthorized premiums on their sales.

  • September 30, 2022

    Administrator Named In CVS-Walgreens-Walmart Opioid Order

    A Cleveland federal judge presiding over thousands of opioid cases appointed his special master on Friday as administrator for abatement programs mandated as part of a judgment against CVS, Walgreens and Walmart, which were found liable to the tune of $650 million for contributing to prescription painkiller-related problems in two Ohio counties.

  • September 30, 2022

    Law360's The Term: A New Normal For The Supreme Court?

    As the U.S. Supreme Court prepares for the 2022-2023 term with a slate of new blockbuster cases, the fallout from last term's Dobbs decision and its leaked draft is still reverberating. And while pandemic-era restrictions at the court are loosening, the hosts discuss with veteran court reporter Amy Howe what kind of "new normal" to expect at the high court.

  • September 30, 2022

    Nike Promotes In-House Lawyer As Converse GC

    Nike has appointed an in-house lawyer as the new vice president and general counsel for its iconic high-top sneaker company Converse.

  • September 30, 2022

    7-Eleven Franchisees Eye Quick Appeal In Employment Case

    A group of 7-Eleven franchisees is asking a Massachusetts federal judge to finalize a ruling that the franchisees are independent contractors and not employees under state law so that they can quickly appeal the decision.

  • September 30, 2022

    Biz Groups Fear 'Penny Stock' Rule Could Upset Debt Markets

    Industry groups are worried the U.S. Securities and Exchange Commission's intent to extend enforcement of a recently revised rule governing unlisted securities to certain private bonds — even though the rule is historically associated with over-the-counter stocks — could disrupt debt markets.

  • September 30, 2022

    No Signs Of Supreme Court's Conservatives Slowing Down

    The U.S. Supreme Court's last term was considered by many to be the most consequential in a generation as the court's conservative justices delivered key victories on abortion and guns. But one quick glance at the new term's docket suggests this new supermajority has only just begun shifting the law to the right.

  • September 30, 2022

    3rd Circ. Won't Pause Sugar Merger For DOJ Appeal

    The Third Circuit on Friday refused to grant the U.S. Department of Justice's request for an order pausing U.S. Sugar Corp.'s planned purchase of Imperial Sugar while enforcers appeal the trial court's rejection of their merger challenge.

  • September 30, 2022

    Akerman Expands Corporate Team With 2 Attys In Ga., NC

    Building on its corporate team growth this year, Akerman LLP has added two new corporate partners in Atlanta and North Carolina, including a former Greenberg Traurig LLP shareholder with in-house experience who bolsters the firm's recently launched data center and digital infrastructure practice.

  • September 30, 2022

    How Well Do You Know Supreme Court History?

    As the U.S. Supreme Court kicks off its October 2022 term, it's the perfect time to dive into the court's history. Law360 will try to stump you with this 10-question quiz about the court. 

  • September 30, 2022

    Mass. Law Doesn't Spare Drivers From Arbitrating OT Fight

    Two drivers must arbitrate their claims that a last-mile delivery company misclassified them as independent contractors and dodged providing them overtime pay, a Virginia federal judge ruled, saying that Massachusetts law can't apply.

Expert Analysis

  • NJ High Court Ruling Doesn't Negate Insurer Duty To Defend

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    The New Jersey Supreme Court's decision in Norman v. Admiral Insurance, finding a narrow exception to the duty to defend, doesn't allow insurers to skip out on their litigation defense obligations, say Eric Jesse and Seth Fiur at Lowenstein Sandler.

  • 4 Strategies For Drafting Effective Consumer Breach Notices

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    Businesses should consider key strategies when drafting consumer breach notification letters, such as knowing their audience and what is on their mind, and prioritizing user-friendliness and tone, say attorneys at Troutman Pepper.

  • EPA Microfiber Pollution Report Sets Stage For Regulation

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    A new U.S. Environmental Protection Agency draft report that cites the textile and fashion industries as the leading sources of microfiber pollution may lay the groundwork for future regulation, making it increasingly important for companies to monitor how the government defines and handles microfibers, say Byron Brown and Preetha Chakrabarti at Crowell & Moring.

  • Series

    Keys To A 9-0 High Court Win: Practicality Over Perfection

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    When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

  • Sorting Out Access Easement Rights In Shopping Centers

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    The pandemic has created an uptick in disputes involving businesses that generate too much drive-thru traffic in shared spaces, and though state-specific holdings on relevant doctrines are frustratingly inconsistent, the simplest precaution is to explicitly establish easement rights in advance, say Brian Watt and Matt Bailey at Troutman Pepper.

  • 5 Considerations When Seeking Federal EV Funding

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    A recent White House fact sheet shows how federal efforts to support the full scope of the electric vehicle industry have moved the needle, but some details about how to use those funds are still being ironed out, and there are a few issues to watch, say attorneys at Morgan Lewis.

  • A Look At Sephora CCPA Case Through An Employment Lens

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    A recent California Consumer Privacy Act action against Sephora, over the company's alleged sale of website users' personal information, provides California companies with insight into what enforcement may look like in an employment context, which can help employers prioritize compliance efforts, says Randy Boyer at Nossaman.

  • What New Bar Exam Means For Law Students And Schools

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    Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

  • State COVID Insurance Rulings Highlight Errors In Dismissals

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    Recent California and Vermont decisions in favor of policyholders, along with a $48 million jury verdict in Texas, underscore the error that courts are making by dismissing COVID-19 business interruption lawsuits at the pleading stage without consideration of the facts and evidence in each case, say Joseph Niczky and Michael Levine at Hunton.

  • DOJ Suit Highlights Shifting Merger Enforcement Standards

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    The recently filed U.S. v. Assa Abloy shows the U.S. Department of Justice's willingness to litigate against problematic merger transactions even when the parties attempt to address anti-competitive concerns, but the DOJ's shift away from established case law could create new litigation opportunities for those parties as well, say attorneys at V&E.

  • Apple's New Messaging Features Will Complicate E-Discovery

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    Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

  • Meme Stock Buyers Must Heed Bankruptcy Code Provisions

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    As Bed Bath & Beyond faces private securities lawsuits and teeters toward a Chapter 11 filing, it highlights why meme stock buyers must understand Bankruptcy Code provisions such as claim subordination under Section 510(b), and how they may affect recoveries in distressed companies, say Michael Handler and Andrew Michaelson at King & Spalding.

  • Law Firm Inclusion Efforts Often Overlook Business Staff

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    Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

  • Retail Ruling Clarifies Attorney Fees For Large Ch. 11 Cases

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    A Virginia federal court’s recent order in the Retail Group bankruptcy matters shines light on the relevant factors for approving fee applications in complex Chapter 11 cases, confirming the importance of making an appropriate factual record to support professional fee applications, say Jason Harbour and Justin Paget at Hunton.

  • Precautions For New Wave Of Digital Privacy Class Actions

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    Consumer class actions attempting to expand existing laws to cover new online activities have recently targeted companies that use source code-based tools on their websites to interact with visitors — emphasizing the importance of transparency about information collection, say attorneys at Crowell & Moring.

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