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Retail & E-Commerce
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March 15, 2024
Mexico Protests New USDA Label Rule For Made-In-USA Meat
Mexico's Ministry of Economy said the U.S. Department of Agriculture's new rule limiting a "Product of U.S.A." label to meat derived from animals born, raised and slaughtered in the U.S. will prove costly to both Mexican producers and U.S. consumers.
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March 15, 2024
Harris Urges DOJ To Wrap Pot Review 'As Quickly As Possible'
Vice President Kamala Harris urged the U.S. Department of Justice on Friday to complete its review of marijuana's control status "as quickly as possible," saying it was "absurd" and "patently unfair" to keep the drug in the same highly restrictive tier as heroin.
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March 15, 2024
Jury Awards GeigTech $34.6M In Roller Shade Patent Trial
A New York federal jury has found that home lighting fixtures company Lutron owes GeigTech $34.6 million for infringing its patent on window shade brackets, while also finding that the infringement was willful.
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March 15, 2024
Apple Wants 'Convoluted' IPhone App Antitrust Suit Tossed
Apple Inc. asked a California federal judge Thursday to toss a proposed antitrust class action alleging that Apple Inc. illegally controls which apps are viewed on iPhone web browsers to boost iPhone prices, arguing that the consumers don't have standing to bring their "highly convoluted and speculative" claims.
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March 15, 2024
Sanderson Beats Chicken Buyers' Antitrust Retrial Attempt
Direct chicken purchasers who lost a price-fixing trial against Sanderson Farms cannot have another shot at bringing their case to a jury because their first trial was fair, and their circumstantial evidence couldn't defeat the company's competing proof, an Illinois federal judge has ruled.
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March 15, 2024
Law School Says SF Ignoring Deal On 'Deplorable' Downtown
A San Francisco law school has accused the city of violating a 2020 federal court settlement that required it to address "deplorable" conditions around the school's downtown campus, saying nothing bars the city from clearing homeless encampments if the occupants refuse an offer of shelter.
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March 15, 2024
Didi Can't Shake Investor Class Over Regulatory Disclosures
A New York federal judge has ruled that Chinese ride-hailing giant Didi Global Inc. cannot escape a class action suit claiming it misled investors about the risks of a disciplinary crackdown from the Chinese government over alleged data security violations, saying the risk disclosures Didi provided investors were insufficient.
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March 15, 2024
Unproven ID Theft Claim Can't Thwart $5.7M Duties, Feds Say
Customs officials urged the U.S. Court of International Trade to ignore a wheel importer's identity theft claim as it tries to escape $5.7 million in duties, saying Friday that the importer had failed to prove the wheels were falsely shipped in its name.
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March 15, 2024
Texas Tamale Beats Cross-State Rival In Trademark Fight
Over three years of legal delays and a tortured case that was "actually arguing mere descriptiveness under the guise of genericness" somehow failed to persuade a judge in Houston to unseat a trademark owned by a small company on the phrase "Texas Tamale."
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March 15, 2024
Ariz. Rep. Urges FTC Investigation Of RealPage Software
Rep. Ruben Gallego, D-Ariz., has urged the Federal Trade Commission to investigate alleged anti-competitive practices by RealPage Inc., whose rent-pricing algorithm is the subject of multidistrict antitrust litigation.
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March 15, 2024
Amazon Tells 2nd Circ. Security Screenings Aren't Work
Amazon told the Second Circuit that the security screenings employees underwent after their shifts were over aren't work and should be compensated as such, urging the panel to keep a Connecticut federal court's ruling in its favor.
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March 15, 2024
Cannabis Sellers Want $6M Fees Refunded From Mass. Town
A group of cannabis retailers are suing Great Barrington, Massachusetts, saying the town has illegally collected nearly $6 million in community impact fees, despite admitting in writing that the companies have caused virtually no costs to the town.
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March 14, 2024
Gamers Seek To Block Microsoft From 'Dismantling' Activision
Gamers who are still challenging Microsoft's now-completed union with gaming titan Activision Blizzard say a California federal court must hand down an order stopping further integration of the two businesses after Microsoft laid off 1,900 people from the gaming company.
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March 14, 2024
Conservative Firm Joins Bias Suit Against NY Pot Regulators
Conservative law group Pacific Legal Foundation has decided to represent a would-be cannabis dispensary that claimed New York state's social equity program discriminated against them because they were white men, filing an amended complaint against state regulators which dropped from the suit words "Caucasian" and "white."
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March 14, 2024
Petco's $445K BIPA Deal Gets Initial OK
An Illinois federal judge granted preliminary approval Thursday to a $445,000 settlement between Petco and 445 warehouse workers who accused the pet supply chain of unlawfully capturing, storing and using their voiceprints through headsets they used to navigate work tasks.
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March 14, 2024
Icahn Enterprises Rips Investors' 'Grab Bag' Of A Suit
Diversified holding company Icahn Enterprises LP and some of its current and former brass have asked a Miami federal judge to toss a proposed investor class action alleging they misrepresented certain details of the company's performance and asset values, arguing that the suit is a lengthy "grab bag of different theories."
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March 14, 2024
Vet-Themed T-Shirt Co. Wins $700K In Army Motto TM Trial
An Illinois federal jury awarded Chicago-based T-shirt company Grunt Style LLC $739,500 on Thursday, agreeing with the company's claim that a California competitor illegally used the phrase "This We'll Defend" in connection with its online retail store.
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March 14, 2024
FCC Rolls Out Voluntary 'Cyber Trust Mark' For IoT Devices
Devices tied to the Internet of Things will soon start displaying a "U.S. Cyber Trust Mark" if participating manufacturers earn the Federal Communications Commission's approval.
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March 14, 2024
Axon, Cities Fight Over Producing Material From FTC Case
Axon Enterprise is sparring with municipalities accusing the police equipment maker of monopolizing the Taser and body camera markets, with the local governments pushing for what Axon described as the "premature and improper" production of discovery from the Federal Trade Commission's since-abandoned case.
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March 14, 2024
Artist Can't Exhibit 'MetaBirkins' NFT After TM Trial Loss
The Los Angeles-based designer behind the "MetaBirkins" non-fungible token is barred from displaying his artwork at a Swedish museum after a federal judge ruled there is a high probability he will use the platform to promote products that a jury previously said infringed trademarks held by luxury French fashion house Hermes International.
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March 14, 2024
Woman's Wet Wipe Slip-And-Fall Suit Misses Target
A New York federal judge has thrown out a woman's suit against Target Corp. over injuries she suffered when she slipped and fell on a sanitizing wipe while shopping, saying she can't establish Target created or had constructive notice of the hazard before she fell.
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March 14, 2024
Game Developer Seeks Class Cert. In Valve Antitrust Case
Developer Wolfire Games is asking a Seattle federal judge for class certification in its consolidated antitrust suit against online game seller Valve, saying discovery has brought abundant evidence that the platform uses its most-favored-nation clause to stifle competition and maintain monopoly power.
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March 14, 2024
Cannabis Cos. Say Federal Position On Pot Is Irrational
The federal ban on marijuana is plainly irrational and negatively affects operators in state-regulated cannabis markets, depriving them of their constitutional rights, a group of marijuana companies told a Massachusetts federal judge on Friday.
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March 14, 2024
2nd Circ. Affirms Breitling Fair Use Win In 'Red Gold' TM Suit
A split Second Circuit panel on Thursday affirmed a Connecticut federal judge's decision that Breitling USA Inc. fairly used the phrase "red gold" to describe the color of its products after a California jeweler with a 2003 trademark registration battled the Swiss watchmaker over its use of the phrase.
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March 14, 2024
Ex-AutoZone CEO Sued Over $1M In 'Short-Swing' Profits
Car parts retailer AutoZone Inc. and its former CEO face an investor suit seeking to recover "short-swing" trading profits on behalf of the company that the onetime executive should allegedly be required to hand over.
Expert Analysis
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Companies Must Dig Up Old Laws To Stay Privacy-Compliant
Despite the recent focus on new privacy and data security laws, companies cannot ignore existing rules that have recently been revived, amended or reinterpreted to address emerging privacy and data security challenges, says Julia Kadish at Sheppard Mullin.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Chatbot Lawsuits Push Calif. Courts To Rethink Wiretap Law
Recent rulings alleging that website owners illegally eavesdrop on chatbot conversations show that courts are struggling to define the scope of California's wiretap law, and that plaintiffs are learning about the level of detail needed to plead that a chatbot is a third-party eavesdropper, say attorneys at Crowell & Moring.
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Behind The Economics Of The DOJ's Case Against Google
Ahead of the U.S. v. Google search monopolization case set for trial in D.C. federal court Tuesday, economist Tessie LiJu Su discusses bundling, exclusive dealing, and the allegations of anti-competitive practices against the technology giant.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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Series
In A 'Barbie' World: How To 'Grow Up' IP With Fan Creations
As seen with the recent popularity of the "Barbie" movie, adults are increasingly engaging with child-oriented intellectual property — and previous legal battles between toy-makers and entertainers over fan creations offer lessons in determining when to fight infringement and when to embrace expanded target audiences, says Seokin Yeh at Cole Schotz.
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Conn. Regulators Are Coming For Unlawful Cannabis Sales
Regulatory and enforcement efforts against unlicensed cannabis sales in Connecticut have been ramping up this year, so it behooves retailers to prioritize compliance with all relevant statutes, lest they attract unwelcome scrutiny, says Eric Del Pozo at Shipman & Goodwin.
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5 Takeaways From SEC's First Marketing Rule Action
The U.S. Securities and Exchange Commission's recent settlement — the first under the amended marketing rule — with Titan Global on charges that the fintech company misled investors shows investment advisers that they should expect close scrutiny of marketing materials and that their questions will only be answered through SEC enforcement, say attorneys at Mayer Brown.
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AI Can Level Up Gaming But Governance Strategy Is Key
Artificial intelligence tools undoubtedly raise the bar for what video games can offer, but they should be introduced carefully with potential pitfalls mapped and safeguards planned, otherwise publishers and platforms could face serious regulatory risks, say attorneys at Linklaters.
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Potential Marijuana Status Change Would Shift Industry Risks
Cannabis companies and their insurers should pay close attention to how the U.S. Department of Health and Human Services' move toward marijuana reclassification plays out, and the potential for a shakeup in the landscape for cannabis regulation at the state and federal levels, says Ian Stewart at Wilson Elser.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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Challenging Standing In Antitrust Classes: The Uninjured
In virtually every antitrust class action, parties at the certification phase disagree about whether the proposed class includes uninjured members, but the goals of Rule 23 and judicial economy are best served by synthesizing two distinct approaches circuit courts take on this issue, say Michael Hamburger and Holly Tao at White & Case.
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Keys To Navigating The Post-Pandemic CRE Market
Excerpt from Practical Guidance
As the commercial real estate market continues to face repercussions from the COVID-19 pandemic, lawyers should use office occupancy and leasing volume numbers to anticipate future trends and help guide clients through an uncertain landscape, says Joseph Calvanico at J2C Valuations.
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What Big Tobacco's Cannabis Investments Mean For Market
The tobacco industry appears to be shoring up investments in the cannabis market, most recently with Philip Morris’ purchase of an Israeli cannabis tech company, pointing to a bright future for vaped and noncombustible products, and signaling that marijuana rescheduling may be on the horizon, say Slates Veazey and Whitt Steineker at Bradley Arant.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.