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Retail & E-Commerce
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February 20, 2024
Walgreens Defeats $200M Investor Suit Over Insulin Billing
A Delaware vice chancellor has thrown out a stockholder derivative suit accusing Walgreens directors of ignoring an alleged scheme in which insulin pen prescriptions were overfilled and the government overbilled, ruling that the investors haven't shown that the company's top brass acted in bad faith.
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February 20, 2024
FinCEN Details Owner Data Access Rules For Small Banks
The U.S. Treasury Department's Financial Crimes Enforcement Network on Tuesday released a compliance guide for small financial firms on accessing and safeguarding company ownership information that their customers are required to report under recently implemented rules.
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February 20, 2024
Tenn. Jury Sides With Cops Over Raids On Legal CBD Shops
A Tennessee federal jury rejected claims that a county and local law enforcement engaged in a conspiracy to violate a CBD shop owner's civil rights by raiding and shuttering his and others' stores, despite allegedly knowing that the products he sold were legal under both state and federal law.
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February 20, 2024
WTO Says Revised Duties On Spanish Olives Still Out Of Line
The World Trade Organization called on the U.S. to fix revised countervailing duties on Spanish olives, ruling Tuesday that the duties are still not in compliance with its 2021 decision rejecting the investigation that resulted in the tariffs.
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February 20, 2024
Skipped Hearing Sinks Conn. Pot Store Fight, Court Told
A lawsuit seeking to revoke the approval of a cannabis retail permit in Stamford, Connecticut, cannot proceed because a coalition of anti-pot taxpayers followed the wrong process by skipping a public hearing and suing instead, the city's counsel told a state judge during an oral argument on Tuesday.
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February 20, 2024
DOJ Could See The Bright Side Of $35.3B Capital One Deal
Despite the sticker shock of Capital One's $35.3 billion deal to acquire Discover Financial Services, experts believe it will ultimately be approved by the U.S. Department of Justice, which for years has placed its antitrust microscope over the larger players in the credit card space.
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February 20, 2024
Mich. Township Must Face Winery Wedding Ban Suit
A Michigan federal judge has said he won't dismiss wineries' challenge to a Michigan town's rules limiting their ability to host weddings and other events, saying it would be "unwise" to toss the lawsuit because the wineries are still allegedly experiencing harm from the ordinance.
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February 20, 2024
Jack Daniel's Asks For Judgment In Chewy Dog Toy TM Fight
The long-running dispute between Jack Daniel's and a company that made a poop-themed dog toy that parodied the whiskey maker's iconic bottles is back where it began 10 years ago in Arizona federal court, with each side asking for favorable judgments after the U.S. Supreme Court ruled the First Amendment does not shield VIP Products LLC from trademark claims.
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February 20, 2024
Chancery Won't Block TripAdvisor's Nevada Move
In a ruling with implications for other Delaware-chartered companies pondering corporate charter relocations, a Delaware vice chancellor on Monday refused to block travel planning giant TripAdvisor Inc.'s reincorporation in Nevada, but kept alive minority stockholder damage claims alleging the vote was unfair and tainted by controller clout.
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February 20, 2024
DoorDash Charges Excessive Fees, NYC Burger Eatery Says
DoorDash was hit with a proposed class action Friday in California federal court by a New York City burger joint that accused the platform of employing a "widespread and pervasive practice" of levying service fees more than the 20% cap imposed by local legislations enacted during the COVID-19 pandemic.
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February 20, 2024
Akin Hires Top BIS Commerce Department Counsel In DC
Akin Gump Strauss Hauer & Feld LLP has hired the former U.S. Department of Commerce's chief counsel for the Bureau of Industry and Security, who has joined the firm as a partner in Washington, D.C., the firm announced Tuesday.
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February 20, 2024
Epic Calls Apple's $73M Fees Bid An Overreach
Epic Games blasted Apple on Friday for seeking $73.4 million in legal fees following the pair's California federal court antitrust battle over App Store payment fees, arguing that antitrust claims like Epic's are immune from legal fees and that Apple cannot wrap its demands in successful contract breach counterclaims.
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February 20, 2024
Amazon Agrees To Pay $5.5M To End COVID Screening Suit
A group of California Amazon warehouse workers asked a federal judge to approve a $5.5 million settlement resolving a proposed collective action accusing the e-commerce giant of failing to pay workers for time they spent undergoing pre-shift COVID-19 screenings, saying it will provide them with all their alleged unpaid wages.
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February 20, 2024
Pot Shop Says Trade Group CEO Bungled License Bid
The leader of a cannabis industry trade group is being accused in a lawsuit of convincing the owner of a dispensary to invest in what he was promised would be a "guaranteed" license to operate another retail location, only to mishandle the process.
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February 20, 2024
Hogan Lovells Repping Walmart In $2.3B Vizio Takeover
Hogan Lovells-led Walmart Inc. announced its plans Tuesday to buy private smart television manufacturer Vizio in a $2.3 billion deal that will provide the retail giant with more places to sell ads and appeal to shoppers.
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February 20, 2024
Justices Skip Brandy Melville's TM Dispute With Redbubble
The U.S. Supreme Court on Tuesday passed on fashion retailer Brandy Melville's petition to review a Ninth Circuit holding that print-on-demand marketplace Redbubble can only be liable for sellers' trademark infringement if it has specific knowledge of the infringing conduct.
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February 20, 2024
Justices Deny Chinese Co.'s Appeal To Whirlpool Injunction
The U.S. Supreme Court on Tuesday denied a petition from a Chinese company to review a Fifth Circuit decision to temporarily bar it from selling its kitchen stand mixers because Whirlpool Corp. is alleging the products infringe the registered trade dress for its KitchenAid mixers.
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February 16, 2024
Trade Dispute Reform Draft Emphasizes Mediation
A draft agreement for overhauling the World Trade Organization's dispute settlement process circulated Friday proposes a new emphasis on the institution's alternatives to the formal litigation process that the U.S. has criticized as exclusionary and inefficient.
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February 16, 2024
Oat Milk Co. Settles Greenwashing Investor Suit For $9.25M
Investors suing Swedish alternative milk manufacturer Oatly asked a New York federal judge Friday to preliminarily approve a $9.25 million deal to settle claims that the company pitched its business as more environmentally friendly than it is.
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February 16, 2024
The Congressman Who Reps Cannabis Reform On Capitol Hill
Rep. Earl Blumenauer speaks to Law360 about the prospects for Congress enacting marijuana reform, why he supports moving cannabis to Schedule III and some of the drug policy triumphs and setbacks in his home state of Oregon.
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February 16, 2024
Up Next At High Court: Deadlines, Delivery Drivers & Smog
The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.
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February 16, 2024
Target, Hoverboard Biz Settle Pa. Fire Deaths For $38.5M
The parents of two deceased girls, Target and a hoverboard maker entered into a $38.5 million settlement Friday resolving a lawsuit in Pennsylvania federal court over a self-balancing scooter that allegedly shorted out while charging and caused a house fire that claimed the sisters' lives.
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February 16, 2024
Catching Up With Delaware's Chancery Court
News broke last week that Delaware's Court of Chancery will say goodbye to its current longest-serving jurist, a development that quickly overshadowed a busy week of new merger and board disputes, fee rulings, settlements, and books-and-records demands.
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February 16, 2024
Switchblade Seller Sues Atty Over Police Raid Advice
An online switchblade seller in Colorado has accused his former attorney of failing to tell him he could sue the government to try to recover inventory taken during a law enforcement raid involving state and federal authorities.
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February 16, 2024
French Retail Co. Casino Group Files For Ch. 15 Recognition
French retail conglomerate Casino Guichard-Perrachon SA filed for Chapter 15 bankruptcy in New York, seeking recognition of a French insolvency proceeding designed to slash more than €1.5 billion ($1.6 billion) from its debt sheet.
Expert Analysis
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Cannabis Plain Packaging Rules: Examples And Opportunities
States that have legalized adult-use cannabis in recent years have adopted stringent requirements for product packaging and labeling in an effort to protect minors, and these rules may provide a vehicle for compromise between proponents and opponents of legalization, say attorneys at Troutman Pepper.
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Where Biden's Outbound Investment Effort May Be Headed
The president’s recent executive order on outbound investment describes prohibited transactions and a notification process, but the U.S. Department of the Treasury’s actions suggest upcoming regulations will leave investors with the risky determination of whether investments are prohibited or require notification, say attorneys at Morgan Lewis.
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How Cos. Can Comply With China's Cybersecurity Rules
The Chinese cybersecurity regulator’s recently imposed restrictions on Micron and newly effective enforcement procedures mark a new era of privacy regulation in the country, so multinational companies with operations there should ensure their compliance programs are updated accordingly, say Lorna Chen and Jieni Ji at Shearman.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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What Advertisers Must Know About New Endorsement Guides
The Federal Trade Commission's updated Endorsement Guides clarify some regulatory ambiguities in the ever-changing advertising landscape and stress that advertisers can be held liable for misleading statements made by their endorsers, even if the endorser is not held liable themselves, say Matthew Savare and Bryan Sterba at Lowenstein Sandler.
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Opinion
3 Principles Should Guide MTC's Digital Products Tax Work
As the Multistate Tax Commission's project to harmonize sales tax on digital products moves forward, three key principles will help the commission's work group arrive at unambiguous definitions and help states avoid unintended costs, say Charles Kearns and Jeffrey Friedman at Eversheds Sutherland.
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Hot OSHA Summer: Regulatory Activity In Full Swing
Recent actions by the Occupational Safety and Health Administration — including changes to its injury and illness reporting rule, its proposal to allow nonemployee union reps to accompany OSHA inspectors, and a hazard alert on extreme heat — show that the agency's regulatory and enforcement regime remains vigorous, says Heather MacDougall at Morgan Lewis.
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5th Circ. Ruling Will Spur Challenges To No-Action Letters
The Fifth Circuit's recent Clarke v. U.S. Commodity Futures Trading Commission decision that withdrawing no-action letters constitutes a final agency action subject to judicial review means federal agencies should expect more challenges to the practice, which has been criticized for failing to provide clear standards and enabling agencies to change course abruptly, say attorneys at Sidley.
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What Justices' Pork Ruling Means For Interstate Cannabis
The U.S. Supreme Court’s recent National Pork v. Ross ruling added a new wrinkle to dormant commerce clause jurisprudence as the nation’s federal courts grapple with a novel paradox raised by interstate cannabis commerce, and pending appellate cases may shed additional light on these issues later this year, say Tommy Tobin and Andrew Kline at Perkins Coie.
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Serta Simmons Ch. 11 Expands Split On Credit Agreements
The recent confirmation of Serta Simmons' Chapter 11 plan by a Texas bankruptcy court judge furthers a split in case law between narrow interpretation of credit agreement provisions and a more holistic approach focused on the practical effect of the uptiering transaction on minority lender rights, say attorneys at Schulte Roth.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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SEC Focus On Perks Offers Insights On Cooperation
The U.S. Securities and Exchange Commission's recent settlement with Stanley Black & Decker is the latest example of the SEC's continued focus on executive perquisites and highlights what type of cooperation may be required to avoid a civil money penalty, say attorneys at Morgan Lewis.
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How Rights Owners Can Be Proactive With CBP Enforcement
Recent seizures show that intellectual property rights remain a U.S. Customs and Border Protection priority, and the Intellectual Property Rights Branch recordation program and the Exclusion Order Enforcement Branch's procedures offer holders powerful ways to assist in keeping unauthorized goods out of the U.S. market, say attorneys at Foley & Lardner.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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Why Privacy And Trade Secret Law Are On A Collision Course
The conflict between the legal regimes of trade secret law and data privacy law is growing as companies increasingly collect and use data about their customers, making it key for organizations to find ways to comply with both laws in order to protect their intellectual property and the privacy of their customer, says Jenny Colgate at Rothwell Figg.