Retail & E-Commerce

  • August 01, 2024

    TTAB Won't Allow Retail TM For Amazon Affiliate Site

    The Trademark Trial and Appeal Board in a precedential decision Wednesday upheld a refusal to register a trademark to an Amazon affiliate site that provides referrals but is not actually engaged in retail, delivering a blow to the owner of a culinary website who earns commissions for directing consumers to products sold by third parties.

  • August 01, 2024

    Alter Egos Say Rival Pool Co. Jumped The Gun On Discovery

    The alter egos of bankrupt pool supply company Blueworks Corp. have rebuffed claims that they "simply refuse to answer" requests for discovery from rival Hayward Industries Inc. in its quest to secure a $16 million false advertising and deceptive trade practices judgment.

  • August 01, 2024

    Apple Says DOJ Is Looking For 'Judicial Redesign' Of IPhone

    Apple Inc. urged a New Jersey federal judge Thursday to throw out the U.S. Department of Justice's antitrust lawsuit, calling claims of restricted app access meant to lock users into the iPhone as a government effort to control protocols the company contends are needed to ensure security and reliability.

  • August 01, 2024

    Merchandising Co. Says Ex-VP Sunk $47M Deal With Lowe's

    An ex-merchandising company executive exploited trade secrets to sabotage a $47 million deal with home improvement giant Lowe's Cos. Inc., the executive's former employer has alleged in a federal lawsuit in North Carolina.

  • August 01, 2024

    JPML Greenlights Shale Oil Price-Fixing MDL In New Mexico

    A group of U.S. shale oil producers will have to defend claims that they conspired with OPEC to artificially inflate gas prices in New Mexico federal court after the U.S. Judicial Panel on Multidistrict Litigation centralized at least five suits there Thursday.

  • August 01, 2024

    JPML Won't Form MDL Of 35 Acne Product Benzene Suits

    The Judicial Panel on Multidistrict Litigation on Thursday declined to consolidate 35 suits alleging Johnson & Johnson Consumer Inc., CVS Pharmacy Inc., Target Corp. and others sold acne products that could break down into the carcinogen benzene, saying they don't have enough in common to warrant an MDL.

  • August 01, 2024

    Chipotle Bundled 'Service Fee' With Tax To Hide It, Suit Says

    Chipotle customers filed a proposed false advertising class action in California federal court Wednesday accusing the fast-casual Mexican chain of tacking on secret "eye-popping service fees" bundled with a "tax" for online delivery orders at the end of the checkout process that purportedly ends up in Chipotle's own coffers.

  • August 01, 2024

    Court Won't Let Glycine Co. Use Remand To Fix Data Issue

    The U.S. Court of International Trade won't let a Japanese glycine producer correct a data issue that raised its duty liability, saying the company should have raised the issue earlier instead of during a remand proceeding.

  • August 01, 2024

    Missouri Gov. Announces Ban On Psychoactive Hemp Wares

    Missouri Gov. Mike Parson on Thursday announced a ban on the sale of intoxicating consumable cannabis products manufactured outside the state's regulated adult-use marijuana market, marking the latest effort by a state to rein in psychoactive wares derived from federally legal hemp.

  • August 01, 2024

    Beanbag Chair Maker Offers $615K To End Conn. Stock Suit

    A Connecticut-based maker of beanbag chairs and modular sofas that in 2019 sought to raise $100 million through a secondary share offering has asked a federal judge to approve a $615,000 settlement with a group of investors angry over alleged financial moves that caused a stock price dip.

  • August 01, 2024

    Pot Co. Says City Ignored Order To Review App In $14M Suit

    A California cannabis business is suing the city of Chula Vista for nearly $14 million, saying it failed to properly review and score its application for a cannabis license despite orders to do so from a state appeals court.

  • August 01, 2024

    Court Won't Stop FTC Judges In H&R Block False Ad Fight

    The Federal Trade Commission can proceed with its hearing against H&R Block accusing the tax preparation firm of false advertising, a Missouri federal judge ruled Thursday, rejecting the company's argument that the agency's administrative law judges lack constitutional authority to preside.

  • July 31, 2024

    Live Nation Says In-House Attys Can't Access DOJ Docs

    As it warned would be the case, Live Nation is telling a New York federal judge that it has no in-house counsel that will be able to meet his rules on counsel access to highly confidential material in the U.S. Department of Justice's antitrust suit against the live events company.

  • July 31, 2024

    Discover Could Pay $200M In Card 'Misclassification' Fines

    Discover Financial Services told investors on Wednesday that it could face $200 million in potential regulatory penalties over its past "misclassification" of certain credit card accounts, an issue that's also led to class action litigation and other scrutiny for the card giant.

  • July 31, 2024

    Tampax, Kotex Tampons Hid Unsafe Lead Levels, Suits Say

    Kimberly-Clark and Procter & Gamble were each slapped with putative class actions in California federal court Tuesday claiming that some tampon products contain toxic levels of lead — and that the information was hidden from consumers.

  • July 31, 2024

    GoDaddy Asks To Have Tech Co.'s Antitrust Suit Culled

    Domain registrar GoDaddy is asking a Virginia federal court to knock out half of a lawsuit accusing it of blackballing a tech company from its platform, saying that after failing to secure a licensing deal, the suing company "has now turned to antitrust law to try to compel a result it could not obtain through arms-length negotiation."

  • July 31, 2024

    Apple, Google Dropped From IP Suit Over PUBG Knockoffs

    A California federal judge has agreed to dismiss video game publisher Krafton's copyright suit accusing Google and Apple of distributing infringing versions of PlayerUnknown's Battlegrounds on their respective platforms, while Krafton and YouTube said they're close to resolving claims over an infringing film containing game footage.

  • July 31, 2024

    NewAge Execs Deny Inflating Military Contract Prospects

    Executives and board members of the defunct beverage company NewAge Inc. hit back at investors' allegations that they lied about having a deal to sell their products in military commissaries, saying the investors had failed to show that material misstatements were made.

  • July 31, 2024

    EPA Floats Ban On Many Uses Of Carcinogen 1-BP

    The U.S. Environmental Protection Agency on Wednesday proposed banning all consumer uses of the carcinogen 1-bromopropane — except in insulation — as well as some industrial and commercial uses.

  • July 31, 2024

    5th Circ. Pause Spells Doom For DOT Airline Fees Rule

    The Fifth Circuit gave the airline industry a temporary reprieve from a new U.S. Department of Transportation rule requiring carriers to more clearly disclose add-on fees upfront, a decision that stands to embolden opponents of the Biden administration's more aggressive consumer-focused policies.

  • July 31, 2024

    Philip Morris Nicotine Pouches Are Deceptive, Lawsuit Claims

    Philip Morris violated advertising and trade practices laws by selling "highly addictive" nicotine products designed and packaged to resemble breath mints and deceptively telegraphed that the tobacco-free pouches were healthier than cigarettes, according to a proposed class action in Connecticut federal court.

  • July 31, 2024

    Minn. Shopping Center's $97M Value Upheld By State Justices

    A Minnesota shopping center was correctly valued for tax purposes at nearly $97 million, the state Supreme Court said Wednesday, rejecting the property owner's argument that the valuation should consider a calculation of effective rent instead of market rent.

  • July 31, 2024

    VW To Give Back Pay To Mexico Factory Workers, USTR Says

    The Office of the U.S. Trade Representative has announced a remediation plan at Volkswagen's largest manufacturing plant in Mexico under which the carmaker will reinstate eight workers with back pay and adopt a statement of neutrality toward employees associating with unions.

  • July 31, 2024

    Judge Refuses To Rethink Injury Firm Conflict Of Interest DQ

    A law firm was properly disqualified from a family's design defect lawsuit against Home Depot USA Inc. and makers of a lawn mower, a New Jersey federal judge has ruled, confirming a prior finding that a conflict of interest arose between the father and daughter when the companies countersued the father.

  • July 30, 2024

    Guess, Macy's Settle IP Suit Over Artists' Graffiti Work

    Guess Inc. and Macy's have settled a copyright action lodged by three prominent graffiti artists who accused the companies of exploiting their names and donning their work across T-shirts without permission, the parties told a California federal judge Tuesday.

Expert Analysis

  • Opinion

    Stakeholder Amici Should Be Heard In Russian Trade Case

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    Although the U.S. Court of International Trade recently rejected U.S. Steel's amicus brief in NLMK Pennsylvania v. U.S., other industry stakeholders should seek to appear — and the court should allow it because additional perspectives will lead to a more informed ruling, say attorneys Jeffrey Shapiro and Michael Andrews.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • US Cos. Must Guard Against Russian Diversion Of Goods

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    Amid allegations that Russia is end-running trade sanctions through the diversion of otherwise innocuous, everyday goods, U.S. industry involved in the manufacture or distribution of electric products must step up its customer and partner due diligence to avoid unwittingly facilitating the weapons proliferation cycle, say attorneys at Arnold & Porter.

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • 10 Years Of Retail Battles: Unpacking Pricing Litigation Trends

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    A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • What Cos. Can Learn From 2023 Export Enforcement Report

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    A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.

  • How Consumer Product Cos. Can Keep Up With Class Actions

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    Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • OCC Guidance May Lead Off 'Buy Now, Pay Later' Regulations

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    The Office of the Comptroller of the Currency's bulletin released last month to assist national and federal savings banks with managing the risks posed by "buy now, pay later" lending may be the start of increased state legislation or guidance specifically aimed at regulating such loans, say Susan Seaman and Jacob Huston at Husch Blackwell.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • How States Vary On The Fireman's Rule And Its Applicability

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    A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Series

    ESG Around The World: Canada

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    In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

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