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Retail & E-Commerce
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March 28, 2024
Commerce Adds Export Admin Roles To Boost Nat'l Security
The U.S. Department of Commerce's Bureau of Industry and Security is adding two new deputy assistant secretaries for export administration as part of a modernization drive to meet its growing national security role, the assistant secretary announced Thursday.
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March 28, 2024
Insurer's $1.37M Suit Over Stolen Walmart Flare Gun Misfires
An Oregon federal judge has thrown out a $1.37 million suit from Ascot Specialty Insurance Co. against Walmart Inc. seeking to hold the retailer liable for a fire started by a stolen flare gun, saying the insurer has failed to show how Walmart is responsible for a third party's criminal acts.
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March 28, 2024
MSG-Maker Says Chinese Exporters Skirting Duties Via Malaysia
The U.S. arm of Japanese monosodium glutamate manufacturer Ajinomoto Co. Inc. claims Chinese MSG producers are using a Malaysian competitor to evade duties on the umami flavor enhancer, saying the Malaysian company's facility isn't big enough to produce the product.
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March 28, 2024
Investors Strike $42.5M Deal In Brookfield-GGP Merger Suit
Brookfield Property Partners LP has reached a tentative $42.5 million deal to bring an end to a yearslong battle with stockholders who alleged they were given misleading information about the global real estate company's 2018 acquisition of U.S. mall operator GGP Inc.
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March 28, 2024
Ex-BigLaw Atty Named Acting GC At Neptune Wellness
Neptune Wellness Solutions Inc. elevated to acting general counsel one of its in-house lawyers, who previously worked in BigLaw, the consumer-packaged goods company said in a securities filing on Wednesday, just days after a federal judge's order to replace its legal counsel.
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March 28, 2024
'Better Made' Chips Goes After 'Better Smoke' Pot
Detroit-based Better Made Snack Foods Inc. said a number of cannabis companies in Michigan have been selling a line of "Better Smoke" cannabis products that mimics the snack brand's century-old logo in a trademark infringement lawsuit filed Wednesday.
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March 28, 2024
Mass. Justices Say 2019 Sunday-Wage Ruling Is Retroactive
Massachusetts' highest court on Thursday affirmed a finding that a furniture retailer violated the state's wage laws by paying salespeople overtime and a Sunday premium out of their own earned commissions, keeping intact a nearly $10 million damages award.
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March 28, 2024
Chancery Dismisses Carvana Shareholders' Stock Offer Suit
Delaware's Court of Chancery has dismissed a derivative suit from stockholders of online used car retailer Carvana who sued the company's founders over a $600 million direct stock offering, finding that a two-person special litigation committee that the company created to investigate the matter had done its job properly.
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March 28, 2024
NBCUniversal, DeLorean Settle 'Back To The Future' TM Suit
NBCUniversal Media LLC has settled a trademark infringement suit over royalty payments for its use of the iconic DeLorean DMC-12 sports car on "Back to the Future" merchandise, according to a notice filed Tuesday in California federal court.
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March 28, 2024
Romney Tells DEA Pot Review Must Heed Treaty Obligations
Sen. Mitt Romney, R-Utah, on Wednesday expressed skepticism about federal health regulators' recommendation to loosen marijuana restrictions and pressed the U.S. Drug Enforcement Administration to explain how it would consider the drug's status in light of U.S. treaties.
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March 28, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen investors target fraudsters who ran a fake film tax scheme, Barclays Bank sue privately owned Russian bank PJSC Sovcombank, easyGroup bring a trademark infringement claim against online casino TGI Entertainment for its "easybet" word sign, and a bioethanol fuel company hit high-profile individuals connected to the collapsed Elysian Fuels scheme. Here, Law360 looks at these and other new claims in the U.K.
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March 28, 2024
The Home Depot Buying PE-Backed SRS For $18.25B
The Home Depot said Thursday it has agreed to acquire SRS Distribution Inc., a private equity-backed distributor of roofing and building supplies, for $18.25 billion, inclusive of debt.
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March 27, 2024
Amazon Can't Block DSA Ad Repository Requirements
A European court reversed a ruling temporarily exempting Amazon from a set of regulations for large digital platforms, ruling Wednesday that — like Apple's App Store, Facebook and Instagram — Amazon will have to maintain a publicly available repository of advertising information, as mandated by the European Union's 2022 Digital Services Act.
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March 27, 2024
Kim Kardashian Accused Of Touting Fake Donald Judd Tables
Kim Kardashian bought knockoff Donald Judd tables and chairs for her Skkn By Kim office space and then touted the furniture in a video to her 2 million YouTube subscribers as authentic pieces designed by the late artist, according to a lawsuit filed Wednesday in California federal court.
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March 27, 2024
Foreign Subsidy Rule Muddles 'Countervailable' Meaning
The U.S. Department of Commerce's new final rule authorizing itself to investigate subsidies that governments give to manufacturers in other nations casts uncertainty over the definition of "countervailable" in the absence of clarity on how third-party governments will be incorporated into these duty probes.
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March 27, 2024
Vrbo Host Is Breaking Zoning Regs, Conn. High Court Told
Some justices of the Connecticut Supreme Court signaled on Wednesday that a lower court may have failed to provide a workable definition of the word "residence" when deciding that a Branford-based zoning board's regulations allowed short-term rentals through services like Vrbo and Airbnb.
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March 27, 2024
Cannabis Caucus Dems Urge Garland To Restore Pot Protections
The two Democratic members of the U.S. House of Representatives' Congressional Cannabis Caucus blasted Attorney General Merrick Garland on Wednesday for not reissuing "overdue" protections for marijuana businesses acting in compliance with state and tribal law.
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March 27, 2024
Citi Can't Arbitrate Anti-Armenian Bias Claims, Court Told
A California woman has urged a federal court to reject Citibank NA's motion to arbitrate her proposed class action accusing the bank of discriminating against consumers with Armenian surnames, saying it fails because it ignores a ruling in a separate case against Citibank that voided arbitration agreements that don't allow for public injunctive relief.
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March 27, 2024
Fed. Circ. Says Faulty Jury Directions Warrant New IP Trial
The Federal Circuit on Wednesday granted Inline Plastics Corp. another chance to convince a Massachusetts federal jury that its tamper-resistant plastic containers were too successful for the underlying patents to be invalidated as obvious.
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March 27, 2024
Pool Co. Says Objection To Trial Attys Leaving Is 'Misplaced'
A swimming pool equipment maker has hit back at objections to some of its counsel exiting the case after a nearly $15 million trial loss over false ad claims in North Carolina, saying its rival's grievances are "misplaced."
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March 27, 2024
DoorDash, Grubhub Want Docs From NY Restaurant Lobbyists
DoorDash, Grubhub and Uber Eats have urged a Manhattan federal judge to let them subpoena the trade group executives who allegedly "worked closely" with officials on challenged New York City caps on fees that food delivery apps can charge restaurants.
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March 27, 2024
Ruger Beats Some Claims Over Online Shop Data Breach
A Connecticut federal judge trimmed a data breach lawsuit Wednesday against gunmaker Sturm Ruger & Co. Inc. but did not fully dismiss the case, agreeing that a proposed class of plaintiffs had standing to press a breach of contract claim against the company, but the judge tossed accusations of negligence and unjust enrichment.
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March 27, 2024
Candy Co. Can Use Recipe Amid 'Chocolate Moonshine' Fight
A Pennsylvania federal judge has refused to ban the candy maker Local Yokels Fudge from making or selling fudge, ruling the owner's ex-husband hadn't shown the company is still using his family's secret "Chocolate Moonshine" fudge recipe.
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March 27, 2024
47 House Dems Urge Changing Trade Deal To Stem Migration
A large bloc of U.S. lawmakers has called on the Biden administration to remove what the lawmakers say is a damaging investor-state dispute settlement mechanism from the Central America-Dominican Republic Free Trade Agreement, warning federal government officials that it's a primary reason why migrants are leaving the region.
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March 27, 2024
LG Chem Mostly Wins Discovery Feud In Vape Battery Suit
A New Jersey appellate court on Wednesday allowed an LG Corp. unit to prevail on 21 out of 22 discovery challenges in a suit over an exploding vape pen battery, saying the majority of the plaintiff's requests were overly broad and not tailored to his claims.
Expert Analysis
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Do Website Accessibility Suits Violate Hobbs Act, RICO?
As more website accessibility lawsuits are filed on behalf of people with visual impairments, attorneys' settlement demands may be extortionate under the Hobbs Act, and may also constitute an act of racketeering, giving rise to civil causes of action, say Nika Aldrich and Amanda Kohls at Schwabe Williamson.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Series
ESG Around The World: European Union
As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.
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Greenwashing And 'Greenhushing': Lessons For Fashion Cos.
While fashion companies continue to pursue improvements in the environmental impacts of the clothing they produce, they might be wise to note how businesses in other industries have attracted litigation over alleged greenwashing, and consider playing down environmental claims — a phenomenon known as "greenhushing," says Christopher Cole at Katten.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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As AI Pricing Tools Evolve, So Does Antitrust Risk
As the use of pricing algorithms has given rise to regulatory scrutiny and civil actions, such as RealPage Rental Software Antitrust Litigation in the Middle District of Tennessee and Gibson v. MGM in the District of Nevada, independent pricing decisions and other best practices can help limit antitrust risk, say attorneys at Axinn.
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Preparing Your Legal Department For Pillar 2 Compliance
Multinational entities should familiarize themselves with Pillar Two of the Organization for Economic Cooperation and Development’s BEPs 2.0 project and prepare their internal legal tracking systems for related reporting requirements that may go into effect as early as January, says Daniel Robyn at Ernst & Young.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Checking In On How SuperValu Has Altered FCA Litigation
Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.
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What Could Come Of CFPB, EU Consumer Finance Collab
A recent joint statement from the European Commission and Consumer Financial Protection Bureau focused on how technology is affecting consumers of financial services, potentially recognizing that legal protections are lacking because tech regulations lag behind its development, say attorneys at DLA Piper.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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New FCC Broadband Label Rules Should Be Read Carefully
A recent order from the Federal Communications Commission clarifies standardized broadband label requirements that are pending final approval — and while compliance should be manageable, the rules impose new risk, particularly with regard to speed and latency disclosures, say Craig Gilley and Laura Stefani at Venable.
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Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea
Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.
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Navigating PFAS Compliance With FDA, Emerging State Laws
As PFAS food packaging regulation intensifies at the state level, businesses should consider how federal action and possible preemption from the U.S. Food and Drug Administration may affect their compliance plans, say attorneys at Holland & Knight.