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Retail & E-Commerce
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April 23, 2024
Do Not Remand FDA Cigar Rule Without Vacatur, DC Circ. Told
The New Civil Liberties Alliance is urging the D.C. Circuit not to remand a U.S. Food and Drug Administration rule regulating premium cigars without first vacating the regulation, saying federal agencies cannot enforce rules that have been declared unlawful.
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April 23, 2024
Williams-Sonoma To Pay $3.2M Over 'Made In America' Claims
Williams-Sonoma has agreed to a $3.18 million settlement with the Federal Trade Commission for allegedly mislabeling Chinese-produced products as American-made.
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April 22, 2024
Kansas Gov. Signs Earned Wage Access License Bill Into Law
Kansas has become the fourth state to approve new laws governing so-called earned wage access products, joining Nevada, Missouri and Wisconsin in regulating services for workers seeking cash advances.
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April 22, 2024
Jack Daniel's, VIP Hold Firm In Yearslong Dog Toy TM Fight
Jack Daniel's has told an Arizona federal court that VIP Products LLC's contention that its chewy, poop-themed dog toys in the shape of whiskey bottles do not infringe or dilute Jack Daniel's brand is an old argument, borne from a desire to litigate the case "from scratch" after the U.S. Supreme Court rejected its First Amendment defense last year.
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April 22, 2024
Kroger, Albertsons Expand Divestiture Plan
Supermarket giants Kroger and Albertsons are willing to let go of an extra 166 stores in the hopes of swaying federal and state regulators to drop their opposition to the $25 billion grocer union, they said Monday.
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April 22, 2024
Trade Court Faults Feds For Ignored Russian Curbs In Probe
The U.S. Court of International Trade faulted trade commissioners for failing to properly consider how U.S. sanctions on Russia affected oil and gas tube trade, ordering them to redo their ruling that tube imports harmed U.S. businesses.
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April 22, 2024
Amazon Illegally Gathered Workers' Face Scans, Suit Says
Amazon.com Services faces a proposed class action filed Monday in Illinois federal court accusing the retail giant of gathering employees' facial geometry scans and sharing them with various third parties without first receiving the employees' written consent in violation of the Illinois Biometric Privacy Act.
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April 22, 2024
E-Truck Maker Rivian Faces Investor Suit Over Sales Slump
Electric-vehicle manufacturer Rivian Automotive Inc. has been hit with a proposed class action alleging it misled investors by overstating the demand for its products and downplaying the impact historically high interest rates were having on its customers' shopping habits.
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April 22, 2024
Congress Can Enact Corp. Transparency, Orgs Tell 11th Circ.
Congress is empowered to require American companies to report their beneficial owners to the federal government because there is ample evidence they've previously been used to fund hostile foreign actors, evade sanctions and traffic drugs, two think tanks told the Eleventh Circuit in an amici brief.
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April 22, 2024
Shade Co. Calls $34.6M Patent Verdict 'Grossly Excessive'
Home lighting fixtures company Lutron and rival GeigTech are continuing their legal fight after a New York federal jury found that Lutron owes GeigTech $34.6 million for infringing a patent, with Lutron saying the award was "grossly excessive."
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April 22, 2024
US Tile Cos. Say India Is Impeding Recovery From China Imports
Nine U.S. tile makers called on the federal government to impose anti-dumping and countervailing duties on ceramic tiles from India, saying a surge of India-origin tiles thwarts their ability to recover from unfairly priced Chinese imports already hit with duties.
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April 22, 2024
Ralph Lauren Can Continue Appeal Of COVID Coverage Loss
The Third Circuit on Monday lifted a stay that sidelined a Ralph Lauren Corp. appeal of a district judge's ruling that the fashion retailer failed to show insurable physical damage to stores from the COVID-19 pandemic, sending the case to an appellate motions panel with three similar actions.
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April 22, 2024
FTC Moves To Block $8.5B Designer Fashion Deal
The Federal Trade Commission moved on Monday to block a planned $8.5 billion deal for the parent company of Coach and Kate Spade to purchase the owner of designer brands Michael Kors and Jimmy Choo.
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April 22, 2024
Ill. Panel Relieves Insurer Of $8.3M Cracker Caper Judgment
An insurer was relieved of covering a dispute between cracker manufacturers, an Illinois state appeals panel affirmed, finding allegations of equipment theft that led to an $8.3 million judgment against Distinctive Foods LLC constituted non-covered intentional interference with RyKrisp LLC.
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April 22, 2024
Vista Outdoors Nudges MNC Capital To Bolster $3B Bid
Vista Outdoor Inc. on Monday urged investment firm MNC Capital to increase its prior $3 billion buyout offer, as Vista weighs MNC's proposals against an already inked merger agreement to sell its ammunition brands off to Czechoslovak Group.
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April 22, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.
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April 22, 2024
Clothing Retailer Express Inc. Hits Ch. 11 With Sale Offer
Fashion retailer Express Inc. filed for Chapter 11 protection Monday in Delaware to help tame roughly $1.2 billion in debt, saying it has an offer from a group of buyers for the majority of its assets, including its retail store locations.
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April 22, 2024
Supreme Court Will Hear Feds' Ghost Guns Ban Appeal
The Supreme Court on Monday agreed to hear an appeal from the federal government seeking to block an injunction excluding two companies from a rule classifying so-called ghost gun kits as firearms.
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April 22, 2024
Supreme Court Denies Amazon Bid To Review Arbitration Scope
The U.S. Supreme Court on Monday denied Amazon's bid to review a Ninth Circuit decision on whether last-mile delivery drivers are exempt from the Federal Arbitration Act.
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April 19, 2024
A Cannabis Constitutional Fight, And The Calif. Atty Behind It
Federal appellate courts are mulling multiple challenges to state and local cannabis licensure programs, all brought by one California-based attorney and each alleging that the dormant commerce clause of the U.S. Constitution must apply to federally illegal marijuana.
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April 19, 2024
Nestlé Strikes Deal Ending Gray-Market Drinks Trademark Row
Nestlé USA Inc. and two food distributors have asked a Texas federal judge to permanently dismiss their trademark infringement fight accusing the distributors of illegally selling so-called gray-market versions of Nescafe Clasico and Abuelita products, saying parties recently reached a settlement agreement.
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April 19, 2024
Colo. Won't 'Defer' To Feds In Kroger-Albertsons Merger Suit
Colorado's attorney general has defended his decision to file a case seeking to block a $24.6 billion merger between the supermarket chains Kroger and Albertsons, telling a state court judge that nothing requires him to "defer to federal enforcers."
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April 19, 2024
TCPA Only Protects Consumers, Fax Co. Worker Says
One fax services company can't sue another for carrying out what it says is "possibly the largest junk fax operation in the United States" because it doesn't count as a consumer under the Telephone Consumer Protection Act, an employee of the company being sued has told a Colorado federal court.
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April 19, 2024
Thai Co. Pays $20M For 'Egregious' Iran Sanctions Violations
Thai-based SCG Plastics will pay $20 million to resolve claims it committed over 460 "egregious" violations of Iranian sanctions by causing U.S. banks to process $291 million in wire transfers in connection with the sales of high-density polyethylene resin made in Iran, as well as obscuring the resin's origin in shipping documents.
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April 19, 2024
Del. Court Won't Invalidate Coupon IP On Alice 'Borderline'
A Pennsylvania federal judge sitting in Delaware has determined that Inmar Brand Solutions Inc.'s coupon-processing system patents are not abstract and therefore should not be invalidated under the U.S. Supreme Court's Alice precedent.
Expert Analysis
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Md. May See Vigorous Resale Price Maintenance Enforcement
In Maryland, indications of a new focus on resale price maintenance agreements are significant because state prosecution in this area has been rare, particularly outside California, say attorneys at DLA Piper.
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CSA Case Could Shift Intrastate Commercial Cannabis
In Canna Provisions v. Merrick Garland, cannabis companies argue that the Controlled Substances Act is unconstitutional as applied to intrastate commercial cannabis activity; the Massachusetts federal court's eventual decision will be important to the cannabis industry for several reasons, including that the threat of federal enforcement would disappear overnight, says Hilary Bricken at Husch Blackwell.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Shaping Speech Policies After NLRB's BLM Protest Ruling
After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.
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Tips On Numerical Range From Fed. Circ. Philip Morris Ruling
The Federal Circuit's recent RAI v. Philip Morris decision that a patent provided sufficient written description to support a claimed numerical range offers several takeaways for practitioners, including the need for a cautious approach to criticism of ranges, say attorneys at BCLP.
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Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness
The Federal Circuit’s recent ruling in Maxwell v. Amperex Technology highlights the complexities of construing patent claims when seemingly contradictory limitations are present, and that when a narrowing limitation overrides a broader one, they do not necessarily contradict each other, says Roy Wepner at Kaplan Breyer.
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Legal Considerations For Circular Economy Strategies
As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.
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11th Circ. FMLA Ruling Deepens Divide Over Causation
The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.
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2nd Circ.'s Nine West Ruling Clarifies Safe Harbor Confusion
The Second Circuit’s recent ruling in Nine West’s Chapter 11 suit clarifies that courts in the circuit will apply a transfer-by-transfer analysis to determine the applicability of Section 546(e) of the Bankruptcy Code, and that to be safe harbored, a financial institution must act as an agent with respect to the specific transfer at issue, says Leonardo Trivigno at Carter Ledyard.
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Enforcement Risk Amid Increased Consumer Data Use
While no state has introduced a private right of action for noncompliance with a comprehensive consumer privacy law — except for the California Consumer Privacy Act's data breach provision — organizations and retailers face risk from enforcement actions by state attorneys general and privacy regulators, say attorneys at Dentons.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Opinion
The Problems In Calif. Draft Behavioral Ad Privacy Regs
The California Privacy Protection Agency has an opportunity with its automated decision-making technology and profiling rulemaking to harmonize California's regulation of data-driven advertising, but this will be a failure unless several things are changed in its proposed treatment of behavioral advertising, say Alan Friel and Kyle Fath at Squire Patton.