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Retail & E-Commerce

  • May 23, 2018

    Google Accuses Online Ordering Co. Of Hijacking Biz Pages

    Google has accused an online ordering service in California federal court of disguising itself as a Google affiliate to trick restaurant owners into giving up control of their business profiles on the search engine, infringing the tech giant’s trademark in the process.

  • May 23, 2018

    Cherokees Slam Drug Cos.' Bid To Pause Opioid Suit

    The Cherokee Nation on Tuesday urged an Oklahoma federal judge not to pause the tribe's suit against drug distributors and retail pharmacies for their alleged role in the opioid epidemic, asking him instead to rule soon on whether the case should be sent back to state court.

  • May 22, 2018

    No Asbestos In J&J Talc Mines, SC Mesothelioma Jury Hears

    Johnson & Johnson’s talc mines in Vermont have been shown to be asbestos-free, a mineralogy and geology expert hired by the company told a South Carolina jury on Tuesday hearing the case of an attorney who died at age 30 from mesothelioma allegedly caused by her use of J&J baby powder sold by Rite Aid.

  • May 22, 2018

    UPS Loses Challenge Of Postal Shipping Costs Rule

    UPS can’t unwind new federal rules on consumer shipping costs after the D.C. Circuit found Tuesday that the Postal Regulatory Commission hadn’t overstepped its bounds in excluding some of the U.S. Postal Service’s costs from its math.

  • May 22, 2018

    Amazon Touts Face-Recognition Tool To Gov't, ACLU Says

    Amazon has been encouraging local law enforcement in Oregon and Florida to incorporate its facial recognition technology, the American Civil Liberties Union said Tuesday, pointing to documents obtained by the group that it says raise concerns about the tool being abused to conduct surveillance on vulnerable populations.

  • May 22, 2018

    Orrick Nabs Weil Partner To Co-Lead IP Practice

    Orrick Herrington & Sutcliffe LLP has hired the former co-chair of Weil Gotshal & Manges LLP’s patent litigation practice to co-lead Orrick’s global intellectual property practice, after he's represented major technology companies like Oracle Corp., eBay Inc. and Micron Technology in high-profile patent disputes, Orrick said Tuesday.

  • May 22, 2018

    City's Paper Bag Fee Not A Tax, Colo. High Court Says

    The Colorado Supreme Court has ruled a city’s charge on paper bags is not a tax, meaning the city can enact it without seeking voter approval otherwise required for new taxes under the state taxpayers’ bill of rights.

  • May 22, 2018

    Ohio Justices Say Lowe’s $8.8M Appraisal Needs Redoing

    The Ohio Supreme Court on Tuesday vacated a state Board of Tax Appeals decision that affirmed a county appraiser’s $8.8 million valuation of a Lowe’s Inc. property, saying the board must re-evaluate the appraiser’s report using newly established case law.

  • May 22, 2018

    Blue Apron Looks To Dodge Investors’ Stock-Drop Suit

    Blue Apron Holdings Inc. urged a New York federal judge on Monday to toss a proposed shareholder class action over a decline in the company's stock price that followed its initial public offering, saying it couldn’t have predicted issues at a new meal-assembly facility when it went public last year.

  • May 22, 2018

    Express Scripts Beats Investor Suit Over Anthem Disclosures

    Pharmacy benefit manager Express Scripts Holdings Co. on Tuesday won the dismissal of an investor suit over a breakdown in its relationship with health insurance giant Anthem Inc. that allegedly caused a multibillion-dollar drop in the value of its shares.

  • May 22, 2018

    New Era Hit With TM Suit Over 'Fear Of God' Cap Line

    New Era Cap Co. Inc. was hit with a trademark suit on Tuesday in federal court by a Massachusetts religious apparel company started by a college student who says the baseball hat maker, which provides caps for Major League Baseball and recently released its Fear of God cap line, is illegally blocking her trademark petition.

  • May 22, 2018

    Texas Gas Station Buc-ee's Wins TM Battle Over Beaver Logo

    The popular Texas-based convenience store chain Buc-ee's Ltd. won a court battle Tuesday when a federal jury in Houston agreed that a competitor's cartoon alligator logo was too similar to its cartoon beaver logo, siding with Buc-ee's on claims including trademark infringement.

  • May 22, 2018

    REIT, Investment Manager Form JV To Revamp Calif. Mall

    New York-based real estate investment trust Seritage Growth Properties and real estate investment manager Invesco Real Estate said on Tuesday that they have formed a joint venture partnership to own and reconfigure an area of Westfield UTC mall in La Jolla, California, that the transaction values at $165 million.

  • May 22, 2018

    Chicken Of The Sea, Walmart Settle In Tuna Price-Fix MDL

    Chicken of the Sea International on Tuesday said it has reached a cash settlement with Walmart Inc. to resolve antitrust claims related to a multidistrict litigation in California federal court alleging a widespread tuna price-fixing conspiracy.

  • May 22, 2018

    Cup Maker Denies Atty Conflict In $25M Trade Secrets Suit

    Drinkware manufacturer Tervis Tumbler urged a Florida federal court Monday to deny a bid to disqualify its counsel Shumaker Loop & Kendrick LLP in a $25 million trade secrets case, saying there is no conflict from the firm's past representation of plaintiff Trinity Graphic on unrelated matters.

  • May 22, 2018

    Walmart Shirks Privacy With Self-Checkout Videos, Suit Says

    Walmart Inc. violates Golden State privacy law by using video cameras to record customers’ facial features at self-checkout kiosks, according to a proposed class action that landed in California federal court on Monday.

  • May 22, 2018

    Golden Corral Will Pay $3.9M To Settle Overtime Claims

    Golden Corral Corp. has agreed to pay $3.9 million to settle claims that it violated federal and state labor law by paying assistant managers lump sums instead of overtime for training, the workers told an Ohio federal judge, asking her to approve the agreement.

  • May 22, 2018

    Wilson Sonsini Reps WeddingWire In $350M Permira Deal

    Wedding service marketplace WeddingWire Inc. said Tuesday a company backed by funds of global private equity firm Permira will pay $350 million to take a controlling stake in the business, with Wilson Sonsini Goodrich & Rosati PC guiding the seller.

  • May 21, 2018

    1st Circ. Says Food Stamp-Fraud Proof Burden Is On Grocer

    In a case of first impression, the First Circuit ruled Monday that the burden of proof for rebutting food stamp fraud allegations falls on a grocer, in a case against a store that claimed to sell pricey goat and camel meat and catered to Somali immigrants.

  • May 21, 2018

    Deal In CVS False Ad Suit Shouldn't Get OK, Judge Says

    A New York magistrate judge on Monday recommended against approving a settlement in a proposed false-advertising class action over a CVS Pharmacy Inc. algae supplement labeled as "clinically proven" to boost memory, pointing to the lead plaintiff’s close ties with his attorney.

Expert Analysis

  • A Pre-Conference Guide To Early Seattle TM Cases: Part 1

    David Kluft

    As many attorneys head to Seattle for meetings of the International Trademark Association and the American Intellectual Property Law Association, let's explore the city's history through trademark disputes from the early 20th century, says David Kluft of Foley Hoag LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • Tackling Depositions In Wage And Hour Misclassification Suits

    Excerpt from Lexis Practice Advisor
    Kamran Mirrafati

    A plaintiff’s deposition is often the most crucial deposition in wage and hour exemption misclassification cases. Kamran Mirrafati and Archana Manwani of Foley & Lardner LLP discuss how to prepare for and take this type of deposition, as well as how to defend the deposition of a Federal Rule of Civil Procedure 30(b)(6) witness in such cases.

  • Banks Suing After Payment Card Breach Face Difficulty

    Donald Houser

    The Seventh Circuit's decision last month in Community Bank of Trenton v. Schnuck may stem the growing tide of financial institution litigation against merchants who fall victim to cyberattacks, say Donald Houser and Ashley Miller of Alston & Bird LLP.

  • Recent Case Clarifies Personal Jurisdiction Law In Delaware

    Francis Pileggi

    The Delaware Chancery Court recently ruled in Baier v. Upper New York Investment that the simple act of forming a Delaware entity is not sufficient to impose personal jurisdiction over a nonresident involved in that formation. However, there are circumstances in which the formation of such an entity could form the basis for imposing personal jurisdiction, says Francis Pileggi of Eckert Seamans Cherin & Mellott LLC.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Pay Attention To The Law And The Science Of Cannabidiol

    Brett Taylor

    Many health claims have been made for cannabidiol, a substance derived from the cannabis plant. But producers and retailers of cannabidiol should understand that, while it may be permitted under some state laws, it remains illegal under federal law. They must also avoid claims of benefits that are unsubstantiated, say Brett Taylor and Amy Alderfer of Cozen O'Connor.

  • 'Made In USA' Ruling Reflects New, Looser Calif. Standard

    Richard Fama

    The Ninth Circuit recently concluded that a California lawsuit brought over product labeling was governed by the amended version of the state's "Made in the USA" statute, even though the plaintiff purchased the goods in question before the statute was amended. Manufacturers faced with similar suits should look to this decision for guidance, say Richard Fama and F. Brenden Coller of Cozen O'Connor.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • A Closer Look At Barnes & Noble Data Breach Ruling

    Joshua Jessen

    The Seventh Circuit's decision last month in Dieffenbach v. Barnes & Noble appears to suggest that data breach plaintiffs who allege Article III injury-in-fact have, by definition, sufficiently pled cognizable damages under their substantive state law claims. But a more careful reading of the opinion reveals that it is largely consistent with existing case law, say Joshua Jessen and Ashley Van Zelst of Gibson Dunn & Crutcher LLP.