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Retail & E-Commerce

  • May 17, 2018

    Easton Baseball Bats Heavier Than Advertised, Suit Says

    Sporting goods manufacturer Easton Baseball/Softball Inc. misrepresents its high-end youth baseball bats as lighter than their actual weight, putting players at risk of injuries and decreased performance, according to a proposed class action filed Wednesday in California federal court.

  • May 16, 2018

    Retailers Led By Walgreens Sue Allergan Over Restasis IP

    A quartet of major U.S. retailers including Walgreen Co., Kroger Co., Albertsons Cos. Inc. and HEB Grocery Co. sued Allergan Inc. on Wednesday alleging antitrust violations, accusing the drugmaker of fibbing to the authorities to secure unlawful patents for its Restasis dry-eye disease medication.

  • May 16, 2018

    AB InBev, Molson Dodge Antitrust Suit Over Ontario Market

    A Wisconsin federal judge on Wednesday tossed an antitrust suit against Anheuser-Busch InBev and Molson Coors Brewing Co. that alleges they conspired to restrict competition in Ontario’s beer market, finding that it can’t be heard in federal court.

  • May 16, 2018

    Swarovski Battles Online Counterfeiting With $22M TM Suit

    International crystal and jewelry maker Swarovski Aktiengesellschaft and its North American component filed a lawsuit in Illinois federal court Wednesday asking a judge to help it combat a host of alleged counterfeiters it says are infringing its trademarks and faking its products.

  • May 16, 2018

    Glad Products Claims Rival Rips Off Its Logo And Trademarks

    Resealable food storage and trash bag maker The Glad Products Co. slapped a competitor with a trademark infringement suit in California federal court Tuesday, accusing it of making similar products with logos and trade dress that rip off Glad’s well-known household brands in an attempt to deceive consumers.

  • May 16, 2018

    9th Circ. Probes Calif. FCA In Office Depot Row With AIG

    Office Depot on Wednesday urged a Ninth Circuit panel to revive its bid to force an AIG unit to cover its costs in a suit alleging it violated California's False Claims Act by overbilling public agencies, asserting claims under the CFCA are not necessarily subject to state law barring coverage for willful acts.

  • May 16, 2018

    Chicken Cos. Hit With Another Price-Fixing Suit In Illinois

    U.S. meat distributors and grocery stores banded together Wednesday to bring another federal antitrust lawsuit in Illinois alleging a conspiracy among major poultry producers, saying this case sheds light on the yearslong activities of a cartel of American companies that illegally fixed broiler-chicken prices.

  • May 16, 2018

    Scotch & Iron Can’t Shake Dutch Fashion Co.’s TM Suit

    A New York federal judge on Tuesday refused to dismiss Amsterdam-based fashion retailer Scotch & Soda's trademark infringement suit against fellow apparel maker Scotch & Iron, holding that the latter company took a “strained reading” of the Dutch company’s allegations that their names were confusingly similar.

  • May 16, 2018

    Apparel Brand Lulus Reaps $120M From 2 Investment Firms

    California-based women's apparel brand Lulus has scored a $120 million investment from venture capital and growth equity firm IVP and global investment manager Canada Pension Plan Investment Board, the company said Wednesday.

  • May 16, 2018

    5th Circ. Kicks HomeAway Rental Fee Suits To Arbitration

    Two separate lawsuits brought by homeowners who accused short-term vacation rental website HomeAway Inc. of breaking state laws by deciding it would impose service fees for travelers must be arbitrated, per an agreement between the parties, the Fifth Circuit has determined.

  • May 15, 2018

    Rockport Approved For Complex Ch. 11 Funding Packages

    Bankrupt shoe distributor The Rockport Co. LLC received court approval Tuesday in Delaware to tap into a complex, dual-facility debtor-in-possession package that will see some of its prepetition secured debt rolled up over the next few weeks.

  • May 15, 2018

    Ch. 11 Sale Of Jeweler Linked To Indian Bank Fraud Delayed

    An $8 million bankruptcy sale of a jewelry business dragged into the wide-scale bank fraud alleged against Indian billionaire Nirav Modi was put on temporary hold Tuesday by a New York bankruptcy judge who said he needed more information about the company’s value and connection to Modi, now a fugitive.

  • May 15, 2018

    Samsung Owes Apple Over $1B For Ripping Off IP, Jury Told

    Apple told an eight-member jury during opening statements in a high-profile California federal damages trial Tuesday that Samsung owes it more than $1 billion for infringing three of Apple's design patents covering iPhones, while Samsung pegged the number at just $28 million.

  • May 15, 2018

    FDA Cigar Warnings Don't Violate 1st Amendment, Judge Says

    A D.C. federal judge on Tuesday ruled that required health warnings on cigars don’t violate the First Amendment since they’re aimed at informing the public of health risks in a suit brought by advocacy groups representing smokers and industry against the U.S. Food and Drug Administration. 

  • May 15, 2018

    Under Armour Hit With Suit Over MyFitnessPal Data Breach

    Under Armour Inc. is facing a putative class action in California federal court by a user of its MyFitnessPal food and nutrition app claiming the company is liable for the theft of personal information from her and millions of others in a data breach earlier this year.

  • May 15, 2018

    Whole Foods Escapes Part Of Worker's Race Bias Suit

    A Louisiana federal judge on Tuesday tossed parts of a suit alleging Whole Foods Market Inc. let workers harass an African-American worker over his race, saying the treatment the worker described wasn’t harsh enough to support a suit.

  • May 15, 2018

    Chinese Retailer Invests $306M In Logistics Firm ESR

    Chinese e-commerce giant JD.com Inc. has invested $306 million in private equity-backed logistics company ESR Cayman Ltd. to tap into the shipping boom in Asia, according to an announcement from the firms on Tuesday.

  • May 15, 2018

    Texas Store Buc-ee's Says Competitor Logo Is Too Similar

    Counsel for the popular Texas-based convenience store Buc-ee's told a panel of jurors in federal court in Houston on Tuesday that it was forced to file suit against a rival store because the rival’s logo — a cartoon alligator wearing a cowboy hat — is too similar to Buc-ee's logo of a cartoon beaver wearing a baseball cap.

  • May 15, 2018

    Class Attys Want $25M From $72.5M Medicis, Impax Deals

    Lawyers for a class of direct drug purchasers asked a Massachusetts federal judge to approve nearly $25 million in attorneys' fees for securing $72.5 million worth of deals with Medicis Pharmaceutical Corp. and Impax Laboratories Inc. over the allegedly delayed launch of a generic acne medicine.

  • May 15, 2018

    Costco Job Applicant Defends Challenge To Cannabis Policy

    A Costco Wholesale Corp. job applicant urged a Minnesota federal judge Monday not to toss his proposed class action accusing the retailer of wrongly denying applicants employment because of medical marijuana use, arguing that he had a right to sue under the state’s civil rights law.

Expert Analysis

  • A Closer Look At Economic Issues In Food Labeling Cases

    Peter Rankin

    In recent food labeling cases, class action plaintiffs have claimed that inappropriate labeling affected consumer decision-making. Economists with Charles River Associates discuss issues with these types of allegations from an economic perspective.

  • AI Creates Legal Challenges For The Fashion Industry

    William Forni

    Artificial intelligence is playing a growing role in the product development, marketing and sales strategies of fashion designers and retailers. This revolution brings uncertainty in the areas of trade secret protection, traditional intellectual property rights and privacy law, say William Forni of Calvin Klein, and Ben Quarmby and Daniel Michaeli of MoloLamken LLP.

  • Opinion

    The Historic Legal Blunder That Enabled Our Gun Epidemic

    Robert W. Ludwig

    In a recent op-ed, former U.S. Supreme Court Justice John Paul Stevens called for repealing the Second Amendment to help combat our nation's gun epidemic. Actually, it is the high court's ruling in District of Columbia v. Heller that is the problem. And it is only one court case away from being renounced as the historic blunder it is, says Robert W. Ludwig, counsel for the American Enlightenment Project.

  • Companies Can’t Afford To Ignore Accessibility

    John Capobianco

    Last year saw the fifth consecutive year of growth in the number of Americans with Disabilities Act lawsuits. Given the financial and reputational costs of such litigation, business owners and operators would be wise to evaluate current practices regarding accessibility and accessible services for deaf and hard-of-hearing patrons, says John Capobianco of VITAC Corporation.

  • Counterfeit Cosmetics: Fake Beauty, Real Danger

    Aliza Karetnick

    In the age of e-commerce, counterfeit cosmetics present a growing challenge — not only do they pose significant health risks to consumers, but they raise serious legal concerns for brand manufacturers, distributors and retailers, say Aliza Karetnick and Kelly Bonner of Duane Morris LLP.

  • Dispelling The Myth Of Insurers' Bad Faith

    Randy Maniloff

    Some policyholder lawyers seem to believe that an insurer commits bad faith if it does anything short of exactly what was demanded, but it is actually very hard to prove. Even when a court determines that an insurer is flat-out wrong, it's unlikely that the insurer will be found to have acted in bad faith, says Randy Maniloff of White and Williams LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Forum Selection Clauses Can Doom PTAB Review

    Cynthia Lambert Hardman

    Affirmance of the California federal court's decision in Dodocase v. MerchSource would have an important impact on the rights of patent licensees to challenge patentability in the Patent Trial and Appeal Board, and may provide a pathway for patent owners to dispose of PTAB patent challenges, say attorneys with Goodwin Procter LLP.

  • Don't Misunderstand The Prop 65 Coffee Ruling

    Erika Schulz

    Press coverage of a recent high-profile Proposition 65 decision in California may prompt readers to conclude that coffee causes cancer; in fact, there was no such finding. But if the ruling stands, it could still have a big impact on coffee makers, so it is important for both consumers and companies to understand it fully, say attorneys with DLA Piper.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.