Retail & E-Commerce

  • September 19, 2024

    Furth Wilensky, Raz Dlugin Guide $1.95B Mobile Gaming Deal

    Playtika Holding Corp. has agreed to acquire SuperPlay, a fellow mobile gaming company founded by former Playtika employees, for up to $1.95 billion, in a deal guided by Furth Wilensky Mizrachi Knaani – Law Offices and Raz Dlugin & Co., respectively. 

  • September 19, 2024

    Tech Giants Falling Far Short On Data Privacy, FTC Says

    Facebook, Amazon and other major social media and video streaming platforms are deploying "woefully inadequate" data privacy practices to protect users of all ages, highlighting the urgent need for tighter restrictions on how these companies collect, use and retain personal information, the Federal Trade Commission said in a staff report issued Thursday.

  • September 18, 2024

    Google Judge Wonders: Does Ad Tech Benefit Publishers?

    The Virginia federal judge weighing the fate of Google's display advertising placement business zeroed in Wednesday on a key aspect of the search giant's defense against a Justice Department monopolization suit — the assertion that even if company practices disadvantaged rival ad exchanges, they benefited publishers.

  • September 18, 2024

    AI Musician Denies Purported $10M Streaming Scam

    A North Carolina man facing a novel fraud case alleging he used artificial intelligence on platforms like Apple Music, Spotify and YouTube to generate around $10 million in illegal revenues denied wrongdoing at his initial court appearance Wednesday in New York.

  • September 18, 2024

    First Horizon To Pay SEC $325K Over Reg BI Violations

    The U.S. Securities and Exchange Commission announced Wednesday that First Horizon Advisors Inc. will pay a $325,000 penalty to settle claims the broker-dealer violated Regulation Best Interest in the wake of its parent company's 2020 merger with IberiaBank Corp.

  • September 18, 2024

    Fla. Judge Won't Sanction Circle K Over Late-Produced Docs

    A Florida judge Wednesday declined to sanction Circle K for failing to disclose the name of the contractor that inspected the gas pump where a woman was later killed, finding that the woman's family had failed to convincingly show that the company had deliberately schemed to hide the information.

  • September 18, 2024

    9th Circ. Won't Revive Gas Price-Fixing Suit Over Trump Pact

    The Ninth Circuit upheld the dismissal of a proposed class action alleging price fixing between major oil producers as part of the Trump Administration's 2020 deal with Russia and Saudi Arabia to cut production, saying that subjecting the pact to judicial review would be inappropriately "second-guessing" executive branch foreign policy.

  • September 18, 2024

    Vista Rejects MNC's Latest Offer, Recommends Czech Co. Bid

    Vista Outdoor Inc. on Wednesday again rejected Dallas-based private equity firm MNC Capital Partners LP's bid to take over the company and instead recommended that its shareholders approve its already-inked deal with Czech defense company Czechoslovak Group AS.

  • September 18, 2024

    Altria's Vape As Popular As Kale Juice, Elf Bar Tells Calif. Court

    Blocking the Chinese companies behind Elf Bar from importing their flavored vapes won't increase the market share of Altria Group subsidiary NJOY's nicotine e-cigarettes, the foreign companies argued, saying it's just as unlikely as consumers going from grape juice to kale juice.

  • September 18, 2024

    EEOC Nabs $85K For Ex-Walmart Worker Who Needed Leave

    Walmart has agreed to pay a former sales associate $85,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming the retail giant fired her when she requested medical leave to treat her Crohn's disease, according to a North Carolina federal court filing.

  • September 18, 2024

    IP Firm Prevails In Malpractice Suit Over Dueling Patent Apps

    A Boston intellectual property law firm on Wednesday ducked a legal malpractice suit brought by a Colorado technology company alleging the firm betrayed it while filing patents on behalf of another client, after a Massachusetts federal judge found an absence of attorney-client relationship sunk the claims.

  • September 18, 2024

    3rd Circ. Digs Into NLRB's Power To Punish Starbucks

    A Third Circuit panel on Wednesday struggled to find agreement between Starbucks Corp. and the National Labor Relations Board on the scope of the agency's power to penalize companies for violating employees' rights, as it considered the coffee chain's challenge to the agency's penalties over its firing of two unionizing workers.

  • September 18, 2024

    Pa. AG Sues Robot Co. Over $2M In Unfilled Orders, Refunds

    A Pittsburgh robotics company took orders for more than $4 million worth of robot toys but failed to deliver many of them — and in the case of a toy based on the TV show "Rick and Morty," didn't secure the intellectual property rights — according to a consumer protection lawsuit announced by the Pennsylvania Attorney General's Office on Wednesday.

  • September 18, 2024

    Breitling Can't Get $1.4M Fee In Jeweler's 'Red Gold' TM Suit

    A Connecticut federal judge has rejected a request for $1.48 million in attorney fees by Swiss watchmaker Breitling SA and its American arm after they beat trademark infringement claims brought by a California jeweler, ruling that the claims may have been unsuccessful but that they were "not frivolous."

  • September 18, 2024

    Accounting Firm Prunes Flower Bulb Co.'s $2M Tax Bill Case

    The North Carolina Business Court has narrowed a flower bulb retailer's negligence suit alleging its former accounting firm failed to sound the alarm about a major change in tax law, finding there was no fiduciary duty owed but that there may have been a breach of contract.

  • September 18, 2024

    Federal Judge Won't Abstain From Pot Payment Co. Dispute

    A Nevada federal judge has declined to abstain from a dispute between a pair of investment firms over the collapse of their joint venture, saying while one company is a subsidiary of a cannabis payment processing company, the dispute can be resolved without dipping into the murky waters of cannabis's federal illegality.

  • September 18, 2024

    Tupperware Hits Ch. 11 In Del. With Plans For Quick Sale

    The iconic food storage company Tupperware Brands Corp. filed for Chapter 11 bankruptcy protection in Delaware with more than $1 billion in liabilities and plans for a quick sale, after months of concern about whether its famous direct sales model had finally hit a wall.

  • September 17, 2024

    Bible Tabs Maker Says Chinese Co. Sold Amazon Dupes

    The maker of Bible index tabs has sued a Chinese company allegedly selling knock-offs on Amazon that copy the brand's "expressive, ornamental and distinctive floral designs."

  • September 17, 2024

    2nd Circ. Lets American Girl Doll Counterfeit Case Proceed

    The Second Circuit on Tuesday held that doll manufacturer American Girl LLC could move ahead with its New York federal suit accusing a China-based company of selling counterfeit versions of its dolls, finding that American Girl showed the defendant transacted business in the state.

  • September 17, 2024

    Police Pension Fund Says Store Chain Inflated Stock Price

    Discount retailer Five Below is facing securities class claims in Pennsylvania federal court from a Florida police officers' pension fund, which says the company falsely attributed poor financial performance to inventory shrinkage while concealing deeper operational issues, causing substantial investor losses.

  • September 17, 2024

    Prepaid Wireless Cards Not Subject To Tax, NC Justices Told

    A North Carolina cellphone retailer wasn't obliged to remit tax on sales of prepaid wireless cards because the cards are gift cards that can be used for nontaxable services and sales, an attorney for the company told the state Supreme Court on Tuesday.

  • September 17, 2024

    Flowers For Miley? Not Without Bruno Mars, Suit Says

    Singer Miley Cyrus is accused of lifting extensively from Bruno Mars' popular song "When I Was Your Man" to create her hit "Flowers," according to a copyright suit in California federal court that also targets Sony, Apple, Disney and several others.

  • September 17, 2024

    Walmart Workers Sue Over Health Plan Tobacco Surcharges

    Retail giant Walmart Inc. is violating federal benefits law by making workers who use tobacco pay more for health insurance, according to a proposed class action filed in Wisconsin federal court.

  • September 17, 2024

    US Growers Say Chilean Grapes A Threat Under Rule Change

    A group of California grape growers has hit the U.S. Department of Agriculture with a suit in California federal court alleging the agency's approval of a "systems approach" for importing Chilean grapes abandons traditional safeguards and exposes U.S. grape producers to significant risks and costs.

  • September 17, 2024

    GC Base Salaries At Big Companies On The Rise

    General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.

Expert Analysis

  • Comparing 5 Administrators' Mass Arbitration Procedures

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    Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Remedy May Be Google's Biggest Hurdle Yet In Antitrust Case

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    There are difficulties ahead in the remedies phase of the antitrust case against Google in District of Columbia federal court, including the search engine giant's scale advantage and the fast-moving nature of the tech industry, setting the stage for the most challenging of the proceedings so far, says Jonathan Rubin at MoginRubin.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Vendor Rights Lessons From 2 Chapter 11 Cases

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    A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.

  • Lessons From Rising Fake Discount Consumer Class Actions

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    Ellen Robbins and Scott Allbright at Akerman discuss the rise of false reference price consumer class actions and outline key strategies to minimize legal risk and protect businesses.

  • Classwide Calculations May Get Price Premium Damages Wrong

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    In many consumer class actions, plaintiffs assert that they overpaid for a product because of a misrepresented or defective product feature, and that a single price premium estimate can be applied classwide — but failure to account for differences in price premiums across a putative class may lead to improper damage awards, say economists at Ankura Consulting.

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