Try our Advanced Search for more refined results
Retail & E-Commerce
-
March 22, 2024
Google Can Arbitrate Collusion Claims While Apple Beats Suit
For the second time, a California federal judge has forced into arbitration antitrust claims brought by a Golden State crane operator training school accusing Google of paying off Apple to not develop its own search engine while dismissing the rest of the claims against both tech behemoths.
-
March 22, 2024
Inventor Urges High Court To Look At Fed. Circ. 1-Line Orders
A businesswoman behind a small printing company is the latest litigant to head to the U.S. Supreme Court with complaints about the Federal Circuit's practice of issuing one-sentence Rule 36 orders.
-
March 22, 2024
Lutron Cleared On Shade Trade Dress Claims
A New York federal judge has thrown out trade dress claims that GeigTech brought against home lighting fixtures company Lutron, writing that "there is no evidence that Lutron wanted members of the consuming public to think that it was selling J. Geiger shades."
-
March 22, 2024
Amazon, Apple Say Antitrust Attys Can't Ditch 'Fatal' Class Rep
Amazon and Apple say plaintiffs' counsel in a proposed antitrust suit should be stuck with their class representative, who apparently ghosted his attorneys, arguing the lawyers should have to live with a plaintiff whose purchasing habits undercut the suit's very premise.
-
March 22, 2024
Floral Co. Pays Feds $2M To End Migrant Exploitation Action
A Washington floral wreath and garland manufacturer will pay $1.9 million to close a U.S. Department of Labor probe into allegations that it underpaid and withheld safe housing and transportation from hundreds of temporary migrant workers.
-
March 22, 2024
Google Loses New Trial Bid After Epic Games' Antitrust Win
A California federal judge denied Google LLC's bid for a new trial and teed up for a May hearing on a possible court-ordered injunction against the tech giant, following Epic Games' jury win on antitrust claims related to Google Play Store and Android apps.
-
March 22, 2024
5th Circ. Axes EPA's PFAS Enforcement Against Plastic Co.
The Fifth Circuit threw out two enforcement actions against a Texas plastic-container manufacturer that the U.S. Environmental Protection Agency accused of creating perfluoroalkyl and polyfluoroalkyl substances in its manufacturing process, saying the agency exceeded its statutory authority.
-
March 22, 2024
Firearms Co. Agrees To Dissolve Amid Conn. 'Ghost Gun' Suit
One of four firearms companies that the Connecticut attorney general sued in 2023 over the online sale of "ghost gun" parts has stopped operating and agreed to dissolve, according to a stipulated judgment that would release Florida-based Steel Fox Firearms Inc. from the litigation.
-
March 22, 2024
US Antitrust Enforcers Keep Big Tech Cases Coming
A backlash against powerful tech companies is reaching a fever pitch in the U.S., as enforcers with the U.S. Department of Justice and the Federal Trade Commission now have pending lawsuits accusing Apple, Amazon, Google and Meta of monopolizing key digital markets.
-
March 22, 2024
5th Circ. Asked For Do-Over In Hurricane Coverage Feud
The owners of a New Orleans apartment complex urged the Fifth Circuit to rethink ordering them to arbitrate Hurricane Ida damage claims under New York law, arguing New York's choice-of-law clause would ordinarily be unenforceable under Louisiana law if it weren't couched within the arbitration provision.
-
March 22, 2024
Dollar General Can't Nix $1.48M Slip-And-Fall Verdict
A Florida appeals panel on Friday affirmed a $1.48 million slip-and-fall verdict against Dollar General, saying the company "falls far short" of showing that there was no evidence it was aware of water on the floor after bringing a pair of carts in from the rain.
-
March 22, 2024
Pot Co. Investor Gets Colo. Contract Breach Suit Revived
A Colorado appeals court has revived an investor's suit alleging that the head of a six-company cannabis enterprise failed to pay out as agreed, finding the trial court was wrong to find the investor did not have a legally protected interest in the enterprise.
-
March 22, 2024
Trade Court Clears Feds' Voluntary Solar Cell Duty Reduction
The U.S. Court of International Trade has cleared the U.S. Department of Commerce's decision to voluntarily reduce countervailing duties on Chinese solar cells, accepting trade officials' new method of calculating importers' ocean freight costs.
-
March 22, 2024
Supermarket Chain Can't Flush Class Suit Over Wipes
A federal judge on Friday declined to toss a Massachusetts man's proposed class action against Stop & Shop that accused the supermarket chain of falsely marketing its store-brand cleansing wipes as "flushable."
-
March 22, 2024
Chancery Denies Midcase Appeal In TripAdvisor Dispute
The Delaware judge who gave TripAdvisor Inc. the go-ahead to convert its corporate home to Nevada while upholding most of a shareholder lawsuit challenging the proposed move has refused to certify a midcase appeal of his ruling, despite what he called "disproportionate media attention" about companies fleeing Delaware.
-
March 22, 2024
Walmart OT Suit 'Just Barely' Gets Collective Cert.
Workers claiming that Walmart and a related entity misclassified them as salaried employees exempt from overtime "just barely" met the requirements to move forward as a collective, a Colorado federal judge ruled Friday.
-
March 22, 2024
Commerce Lifts Block On Transnational Subsidy Probes
The U.S. Department of Commerce erased a nearly 40-year-old regulation on Friday so it can impose countervailing duties on subsidies China provides its trade partners, despite opposition from foreign governments that the move would conflict with World Trade Organization obligations.
-
March 22, 2024
Albright Denies Salesforce Bid For Patent Sanctions
Salesforce.com Inc. waited too long to pursue sanctions against a prolific patent litigator who already voluntarily dismissed claims brought in a federal suit in Texas, U.S. District Judge Alan D. Albright has ruled, agreeing with a magistrate judge's report and recommendation to toss the sanctions bid.
-
March 22, 2024
Del. Courts Examining 'Colonoscopy'-Like Bylaw Rules
Invasive advance-notice bylaws that some observers say make shareholder board nominations as intrusive as a "colonoscopy" are reviving old questions in Delaware courts about how far boards can go to protect themselves against shareholder activism.
-
March 22, 2024
Galderma Starts Trading In Switzerland After Pricing IPO
Private equity-backed Swiss skincare company Galderma Group AG began trading publicly Friday after pricing its $2.4 billion initial public offering, marking the next stage of its growth trajectory.
-
March 21, 2024
Burford, Sysco Get OK To Swap Bid In Price-Fixing Cases
An Illinois federal judge on Thursday agreed to allow an affiliate of legal investment firm Burford Capital to substitute for food giant Sysco in price-fixing litigation against broiler chicken producers, a ruling that comes a month after a Minnesota federal judge refused to allow the same Burford unit to substitute for Sysco in similar pork and beef price-fixing litigation.
-
March 21, 2024
Fossil Knew About Harassment, Texas Supreme Court Hears
Fossil Group Inc. contends that it didn't know about workplace sexual harassment happening at a Texas store, but Texas Supreme Court justices seemed skeptical of the company's argument that the victim didn't notify the company, even though she alleges she sent an email about the harassment.
-
March 21, 2024
5th Circ. Backs FDA's Vivid Warnings Of Cigarette Dangers
Government mandated text warnings and graphic images on cigarette packs to advertise the health risks of smoking do not violate the free speech rights of R.J. Reynolds Tobacco Co. and other cigarette manufacturers, the Fifth Circuit ruled Thursday, saying the warnings are "factual and uncontroversial" and pass constitutional muster.
-
March 21, 2024
CFPB Wants Late-Fee Suit In DC As Judge Notes Busy Docket
The Consumer Financial Protection Bureau on Thursday asked a Texas federal judge to move a challenge to its new credit card late-fee rule to a Washington, D.C., federal court, a day after the court denied a bid for an immediate injunction brought by a trade group coalition suing to overturn the rule.
-
March 21, 2024
'Sit Down!' DC Judge Snaps At Atty Over False Ad Defense
Oral arguments over footwear nearly got an attorney kicked out of court Thursday, as a D.C. federal judge told a defense counselor to "Sit down!" for making "snide remarks" before ultimately denying most of his motion to dismiss a Federal Trade Commission suit alleging deceptive advertising.
Expert Analysis
-
What Retail Landlords Must Know About Permitted Transfers
As trying economic times require tenants to create options to cease their operations by transferring their lease obligations to other parties, retail landlords must give significant thought to how permitted transfers are drafted, and how parties are to be protected in the present and the future, says Scott Grossfeld at Cox Castle.
-
Balancing Justice And Accountability In Opioid Bankruptcies
As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.
-
Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
-
Consumer Finance Cos. Must Seriously Consider Complaints
In light of the Consumer Financial Protection Bureau's recent action against alternative finance company Tempoe for failing to act on consumer complaints, other businesses that offer financial products or services should implement robust complaint response functions to mitigate or avoid similar encounters with the bureau, says Josh Burlingham at Goodwin.
-
Landmark Ark. Ruling Is Welcome News For Hemp Industry
An Arkansas federal court's recent ruling in Bio Gen v. Sanders creates a road map for plaintiffs to attack state laws that restrict hemp, making it one of the most important cases to date addressing the 2018 Farm Bill and state laws regarding hemp, says Rod Kight at Kight Law.
-
How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
-
Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
-
How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
-
Navigating Over-The-Counter Product Ads After FTC Warning
Attorneys at Hunton examine advertising substantiation requirements under both the Federal Trade Commission Act and Lanham Act, following recent FTC letters informing hundreds of companies that over-the-counter product marketing claims must be corroborated by scientific evidence.
-
Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
-
What An NCAA Drug Test Change Could Mean For Cannabis
If the NCAA follows through with its decision to remove cannabis from its banned list of substances, it will affect college athletes, athletic directors, public relations employees, and marketing departments at universities and colleges, and it will have a significant economic effect on the cannabis industry, say Stanley Jutkowitz and Sydney Jenkins at Seyfarth.
-
NJ Law Reinforces States' Stance Against Card Surcharges
A recently passed New Jersey law limiting sellers' credit card surcharges is the latest instance of state efforts to prohibit or restrict such practices, highlighting a complex legal battle between constitutional rights and consumer protection principles, says Tom Witherspoon at Stinson.
-
What Marijuana Status Change Would Mean For Industry
If the Drug Enforcement Administration accepts the U.S. Department of Health and Human Services’ recent recommendation to change marijuana’s classification under federal law, it would be a significant regulatory shift that could foster many industry benefits — but questions, risks and uncertainties at both the state and federal levels would remain, say attorneys at Neal Gerber.
-
6 Lessons From Direct Selling Industry's Win Over FTC
A Texas federal court’s recent decision in favor of a direct selling company in Federal Trade Commission v. Neora offers long-awaited clarity on what constitutes a pyramid scheme, and lessons for companies seeking to prove their sales are consistent with genuine demand, say Monica Zhong and Branko Jovanovic at Edgeworth.
-
Calif. Climate Disclosure Bills Promise Challenges For Cos.
Two novel climate disclosure bills recently passed by the California Legislature will pose challenges for many businesses — especially private companies that are less familiar with climate-related reporting obligations — and will require investments of significant time and effort in processes, procedures and personnel, say John Rousakis and Chris Bowman at O'Melveny.