Retail & E-Commerce

  • September 04, 2024

    Albertsons Denied Texas Court Remand In Opioid MDL

    An Ohio federal judge overseeing multidistrict litigation over accusations that drug distributors contributed to the opioid epidemic denied a motion to transfer to Texas a portion of the dispute involving pharmacy company Albertsons.

  • September 04, 2024

    Who Wore '8' Better? Jackson, Aikman Locked In TM Battle

    Baltimore Ravens quarterback Lamar Jackson is banking his popularity will make consumers think of him when they see the number "8" on products he sells, but a beer company associated with Hall of Fame quarterback Troy Aikman — who wore the same jersey number — doesn't see it that way, as the players square off in a trademark fight.

  • September 04, 2024

    Fed. Circ. Leans Toward Gov't In Conduit Classification Fight

    The Federal Circuit dug deep Wednesday into the definition of insulated material as part of an inquiry into whether the government's tariff classification of steel electrical conduit tubing made more sense than the importer's interpretation, with one judge stealing the show.

  • September 04, 2024

    Produce Co. With Bankrupt Parent Settles $1M Payment Suit

    A Michigan federal judge has dismissed a $1.3 million payment dispute between Canadian produce distributors and the U.S. arm of a vegetable wholesaler, after the parties reached a deal to resolve the litigation.

  • September 04, 2024

    Pet Toy Co. President Has No Voting Power, Founder Says

    The founder of pet-toy maker Kong Co. has asked a Colorado state judge to declare the company's president has no equity or voting interest, as part of a sprawling internal dispute over management of the company.

  • September 04, 2024

    Mich. Voters Can't Advance Pot Initiatives, Panel Rules

    A Michigan state appeals court sided with four cities Tuesday to block ballot initiatives that would have created regulatory schemes for the licensing and zoning of cannabis businesses, finding state law limits citizens' say and gives the power to write marijuana regulations only to cities.

  • September 04, 2024

    Amazon Disclosures Doom Prime Viewers' Deception Claims

    A Washington federal judge on Tuesday threw out Amazon Prime subscribers' claims that the company illegally disclosed their personal viewing habits, axing some of their state law consumer protection allegations for good while providing an avenue for them to amend their federal claims.

  • September 04, 2024

    Market Realities On, Merger Reviews Off Table In Ad Tech Trial

    A Virginia federal judge put slight limits Wednesday on the evidence the U.S. Justice Department and Google LLC can present in next week's advertising technology monopolization suit, allowing Google to push its own views of the market but limiting its ability to bring up past merger reviews.

  • September 04, 2024

    Whittaker Seeks $535M Deal In Talc Cases Tied To Berkshire

    Bankrupt talc supplier Whittaker Clark & Daniels Inc. asked a New Jersey bankruptcy court to approve a $535 million settlement that will resolve claims against companies including Berkshire Hathaway Inc., chemical distributor Brenntag and DB US Holding Corp.

  • September 04, 2024

    LinkedIn Speech Not Covered By Labor Law, 5th Circ. Told

    A logistics company told a Fifth Circuit panel during oral arguments Wednesday that an employee who was fired for allegedly disparaging comments made over LinkedIn wasn't protected under labor law, although the panel pointed out that an employee can take protected wage complaints to outside parties.

  • September 04, 2024

    Amazon Says Too Many Differences Among Driver Class

    Amazon urged a Washington federal court to reject class certification in a delivery driver's lawsuit alleging he was misclassified as an independent contractor, saying there are too many differences among these drivers to warrant class treatment.

  • September 04, 2024

    2nd Firearms Co. Settles Conn. AG's 'Ghost Gun' Suit

    A North Carolina-based firearms company would have to refrain from selling "ghost gun" components in Connecticut and pay a civil penalty under a deal announced Wednesday that would resolve an unfair trade practices lawsuit brought by the Constitution State's attorney general.

  • September 04, 2024

    2nd Circ. Says Free E-Book Library Not Fair Use

    The Second Circuit on Wednesday rejected a nonprofit digital library's fair use defense of its practice of distributing copyrighted e-books for free, ruling in favor of a group of book publishers in a closely watched case.

  • September 04, 2024

    Weil Adds Longtime FTC Mergers Assistant Director In DC

    An almost 19-year veteran of the U.S. Federal Trade Commission who helped lead a group of attorneys focused on mergers has moved to private practice, joining Weil Gotshal & Manges LLP as an antitrust partner in the nation's capital, the firm announced Wednesday.

  • September 04, 2024

    Nordstrom Family Makes Takeover Offer, Valuing Biz At $3.8B

    Nordstrom Inc. confirmed Wednesday that it received a proposal from a group that includes its CEO Erik Nordstrom and brother Pete to acquire the company for $23 per share in cash, which values the company around $3.8 billion.

  • September 04, 2024

    AI Musician Duped Streaming Giants To Steal $10M, Feds Say

    A North Carolina man streamed thousands of artificial intelligence-generated songs to dupe streaming giants like Spotify and YouTube and generate $10 million in an elaborate scam, federal prosecutors in Manhattan charged Wednesday in a first-of-its-kind case.

  • September 03, 2024

    3rd Trial In T.I.'s IP Fight With MGA Kicks Off In Calif.

    An attorney for hip-hop moguls T.I. and Tiny Harris on Tuesday told a California federal jury during opening statements in a retrial of his clients' intellectual property dispute with MGA Entertainment that the company's line of O.M.G. dolls stole their look and name from the OMG Girlz group.

  • September 03, 2024

    7th Circ. Upholds Arbitration In Menards Hidden Fees Suit

    The Seventh Circuit on Tuesday upheld a decision to compel arbitration in a proposed class action claiming that home improvement retailer Menards used a hidden pickup service fee to manipulate its prices, saying the company provided "reasonably conspicuous" notice of its terms on the page where the lead plaintiff completed her online order.

  • September 03, 2024

    Tribe Of Two Loses Fed. Circ. Appeal Over Rival's 'TT' Mark

    The Federal Circuit on Tuesday rejected an appeal from a small handbag designer that claimed a potential rival wanted to register a trademark that used the letters "TT" in a similar way.

  • September 03, 2024

    Nike Wins Pause Of Bra Patent Row As It Seeks PTAB Review

    Nike has been granted a pause of a case alleging its pocket-adorned sports bras violate a small Florida-based apparel company's patents while the athletic wear giant argues to the Patent Trial and Appeal Board that such bras are "far from new."

  • September 03, 2024

    Amazon Prevails In Targeted Programming IP Fight At Fed. Circ.

    A patent licensing outfit trying to assert patents related to developing "video-on-demand" programming for cable companies was told Tuesday by the Federal Circuit that they cover abstract ideas.

  • September 03, 2024

    Retailer Says No Good Faith In Worker's Wash. Pay Range Suit

    Retailer Aaron's urged a Washington state court to throw out a job applicant's proposed class action accusing it of failing to post salary ranges in job advertisements, saying the worker's 15 other similar lawsuits show he had no interest in actually getting a job at the company.

  • September 03, 2024

    3rd Circ. Preview: Starbucks Firing, Liquor Law In September

    Two National Labor Relations Board cases grace the Third Circuit's September session, when panels will probe the agency's suits against Starbucks Corp. for firing Philadelphia workers attempting to unionize and a plastic company accused of firing a safety whistleblower.

  • September 03, 2024

    No BIPA Exception For OTC Glasses, Ill. Judges Say

    An Illinois appellate court has held that someone trying on nonprescription sunglasses with an online try-on tool isn't considered a patient in a healthcare setting, dooming a glasses retailer's attempt to end the biometric privacy lawsuit it faces.

  • September 03, 2024

    Minn. AG Asks Cos. To Stop Selling Illicit Vapes

    Minnesota's attorney general wants a promise from players in the tobacco and vape product industry that they will no longer pedal e-cigarette or nicotine pouches not approved by the federal government, warning that "consequences" will follow should they not comply.

Expert Analysis

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • How High Court Approached Time Limit On Reg Challenges

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    The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Constitutional Protections For Cannabis Companies Are Hazy

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    Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Anticipating Disputes In Small Biz Partnerships And LLCs

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    In light of persistently high failures of small business partnerships and limited liability companies, mediator Frank Burke discusses proactive strategies for protecting and defining business rights and responsibilities, as well as reactive measures for owners.

  • The Often Overlooked NY Foreclosure Notice Requirements

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    As multifamily real estate defaults mount, New York foreclosing parties should be aware of pitfalls and perils that can await the litigant who is not prepared to ensure adherence with tenant notice requirements under the Real Property Actions and Proceedings Law, say Christopher Gorman and John Muldoon at Rosenberg & Estis.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.

  • Series

    After Chevron: Expect Few Changes In ITC Rulemaking

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    The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Antitrust In Retail: The Meaning Of 'Accessible Luxury'

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    In order for the Federal Trade Commission to block a deal that would put six "accessible luxury" brands, including Coach and Michael Kors, under one roof, the agency will need to prove that this category is distinct from the true luxury or mass-market categories, says David Kully at Holland & Knight.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

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