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Retail & E-Commerce
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March 26, 2024
Fed. Circ. Wrongly Invented New Design IP Rules, Justices Told
A sportswear company wants the U.S. Supreme Court to weigh in on a federal circuit's ruling that created a new standard for how courts should review challenges to design patents, which was won by rival Oregon clothing giant Columbia Sportswear.
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March 26, 2024
Chewy, IBM Agree To End Online Ad Patent Dispute
Online pet goods retailer Chewy Inc. and computing giant IBM Corp. have agreed to drop a patent fight in New York federal court, shortly after a federal appeals court wrote there was a "genuine dispute of material fact" surrounding infringement allegations tied to one of IBM's patent claims.
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March 26, 2024
SPAC 'Frenzy' Led To $1.6B Deal For Dog Treat Co., Suit Says
Shareholders of a special-purpose acquisition company that merged with dog-treat box company BarkBox in a $1.6 billion deal have sued the executives and directors of both entities, alleging they breached their fiduciary duties in connection with what the complaint calls "an extreme example of the 'churn-and-burn' SPAC frenzy."
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March 26, 2024
Calif. Pot Co. Glass House Seeks Toss Of Competition Suit
Cannabis company Glass House Brands Inc. urged a Los Angeles County court to toss a competitor's lawsuit accusing it of intentionally peddling most of its goods to retailers who sell on the illicit market, arguing that the court shouldn't step on the toes of the state's cannabis authority.
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March 26, 2024
Insurer Wants $29M Treble Damages Ruling Reversed In NC
An insurer has asked a North Carolina state appeals court to overturn a nearly $29 million ruling penalizing it for failing to defend an employee who crashed a company truck, killing his colleague, citing a policy exclusion for employee injury cases it said the trial court ignored.
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March 26, 2024
Terraform Backer Tells Jury His Firm Lost Big On $36M Stake
A Boston venture capitalist told the Manhattan federal jury hearing fraud claims against Terraform Labs and its creator Do Kwon on Tuesday that his former company confidently invested $35.9 million in the crypto startup based on representations that regulators say were false.
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March 26, 2024
6th Circ. Won't Let Propane Retailer Nix EEOC's Subpoena
The Sixth Circuit said Tuesday that Ferrellgas LP must provide the U.S. Equal Employment Opportunity Commission with information it requested as part of an investigation into a sex and race discrimination charge, backing a lower court's conclusion that the request wasn't too expansive.
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March 26, 2024
Starbucks Settles Worker's Suit Alleging Manager Groped Her
Starbucks Corp. has settled a lawsuit with an employee who alleged her reports of groping and harassment by a manger resulted in a retaliatory investigation, stunting her career with the coffee chain.
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March 26, 2024
Meta, Porn Stars Fight Over Fate Of OnlyFans Suit
Meta traded barbs with adult entertainment performers about how to end a suit claiming the social media giant conspired with OnlyFans to boost the risqué platform over competitors, with the performers fighting to drop their California federal court allegations in a way that they could still be refiled.
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March 26, 2024
Alibaba Offers $3.75B Logistics Biz Takeover Instead Of IPO
Chinese e-commerce giant Alibaba Group Holding Ltd. on Tuesday went back on its plans to spin off Cainiao Smart Logistics Network Ltd. through an initial public offering and instead announced plans to buy the remaining stake in the business that it does not already own for up to $3.75 billion.
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March 26, 2024
Sony Ducks $500M PlayStation Patent Suit In Del.
A Delaware federal court has sided with Sony in a $500 million patent infringement suit brought by Genuine Enabling Technology LLC over PlayStation consoles, marking a close to the case.
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March 26, 2024
Visa, Mastercard Cut Deal In Long-Running Swipe Fee Dispute
Visa and Mastercard reached a settlement Tuesday that merchants in a long-running antitrust case say will reduce fees by $30 billion over the next several years, while eliminating restrictions on steering customers to cheaper payment options.
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March 26, 2024
FCC Partners With Agencies On Privacy Enforcement
The Federal Communications Commission said Tuesday it will ramp up enforcement with other federal and state agencies to protect sensitive data from hackers and foreign adversaries.
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March 26, 2024
Ill. Judge Needs More Info To OK $57M Chicken Antitrust Fee
An Illinois federal judge overseeing a sprawling antitrust litigation against broiler chicken producers said he couldn't rule on class counsel's renewed bid for a $57 million attorney fee award thrown out by the Seventh Circuit last year without more information on one of the firm's graduated fee arrangements in a similar 2015 antitrust case, which wasn't disclosed in the first go-around.
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March 26, 2024
2nd Circ. Revives Gender Bias Case Against Grocery Chain
A district court applied too harsh a standard when it dismissed a fired manager's sex bias suit against a supermarket chain, the Second Circuit said Tuesday, in a ruling that sought to "demystify" the test for assessing whether some discrimination claims can move to trial.
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March 26, 2024
Costco Parking Lot Fall Suit Doomed By 2-Inch Rule
An Illinois federal court has thrown out a woman's trip-and-fall suit against Costco Wholesale Corp., saying the less than 2-inch difference in surface height is not enough of a defect that Costco had a duty to repair it.
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March 26, 2024
Carrefour Buying €365M Of Its Shares From Store Owner
Hypermarkets giant Carrefour said on Tuesday that it will buy back almost 3.5% of its share capital from the owner of the Galeries Lafayette department store chain for €365 million ($396 million), part of its wider €700 million share repurchase program.
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March 25, 2024
Walmart Blocks DOJ Proceedings Over Immigration Records
The federal government cannot continue pursuing proceedings before the U.S. Department of Justice's Office of the Chief Administrative Hearing Officer against Walmart for alleged violations of immigration-related recordkeeping requirements, a Georgia federal judge ruled Monday, saying the office's administrative law judges unconstitutionally carry out federal law without presidential oversight.
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March 25, 2024
Merchants Hit AmEx With Antitrust Claims Over Its Fee Rules
American Express faces a proposed merchant class action alleging it violated federal antitrust law by barring businesses from taking certain measures to keep their credit card swipe costs down.
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March 25, 2024
NJ Justices End Suit That Alleged Fake Aeropostale Discounts
The New Jersey Supreme Court on Monday dismissed consumers' claims that the owner of several Aeropostale stores in the Garden State deceived them with phony discounts, ruling that the shoppers received the merchandise they expected despite not receiving a true price cut.
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March 25, 2024
Atlanta Wants Ex-Eatery's 'Spurious' Demolition Suit Tossed
The city of Atlanta has asked a Georgia federal judge to dismiss a property owner's suit accusing it, its property review board and its police department of trying to illegally demolish the property, once set to become a Starbucks coffee shop, without proper notification.
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March 25, 2024
Texas Co. Hit With COVID Products Ban, $37.6M Fine To FTC
A federal judge has ordered a Houston-area man and his company to pay the FTC nearly $37.6 million, writing that he "took advantage of consumers' desperation" during the COVID-19 pandemic and "consistently misled" customers about his ability to deliver personal protective equipment.
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March 25, 2024
Pool Co. Objects To Rival Counsel's Exit After $15M Verdict
A swimming pool equipment supply company that won a $15 million verdict against a competitor in North Carolina federal court is now attempting to block the rival's counsel from leaving the case, saying the company may use the loss of its attorneys as justification for delaying final judgment.
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March 25, 2024
3rd Circ. Won't Rethink AbbVie Privilege Ruling
The Third Circuit refused Monday to reconsider a ruling that found AbbVie was unable to show a lower court went against precedent or made errors when ordering the drugmaker to turn over attorney communications from a patent case allegedly meant to delay an AndroGel rival.
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March 25, 2024
Catching Up With Delaware's Chancery Court
Last week in Delaware's Court of Chancery, litigants battled as Truth Social went public, Carl Icahn and Tripadvisor hit a roadblock, and more shareholders wailed about "invasive" bylaws. Oil drilling and pharmaceutical mergers sparked new lawsuits, and a sewing machine trademark owner sued to end a contract.
Expert Analysis
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Greenwashing And 'Greenhushing': Lessons For Fashion Cos.
While fashion companies continue to pursue improvements in the environmental impacts of the clothing they produce, they might be wise to note how businesses in other industries have attracted litigation over alleged greenwashing, and consider playing down environmental claims — a phenomenon known as "greenhushing," says Christopher Cole at Katten.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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As AI Pricing Tools Evolve, So Does Antitrust Risk
As the use of pricing algorithms has given rise to regulatory scrutiny and civil actions, such as RealPage Rental Software Antitrust Litigation in the Middle District of Tennessee and Gibson v. MGM in the District of Nevada, independent pricing decisions and other best practices can help limit antitrust risk, say attorneys at Axinn.
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Preparing Your Legal Department For Pillar 2 Compliance
Multinational entities should familiarize themselves with Pillar Two of the Organization for Economic Cooperation and Development’s BEPs 2.0 project and prepare their internal legal tracking systems for related reporting requirements that may go into effect as early as January, says Daniel Robyn at Ernst & Young.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Checking In On How SuperValu Has Altered FCA Litigation
Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.
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What Could Come Of CFPB, EU Consumer Finance Collab
A recent joint statement from the European Commission and Consumer Financial Protection Bureau focused on how technology is affecting consumers of financial services, potentially recognizing that legal protections are lacking because tech regulations lag behind its development, say attorneys at DLA Piper.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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New FCC Broadband Label Rules Should Be Read Carefully
A recent order from the Federal Communications Commission clarifies standardized broadband label requirements that are pending final approval — and while compliance should be manageable, the rules impose new risk, particularly with regard to speed and latency disclosures, say Craig Gilley and Laura Stefani at Venable.
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Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea
Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.
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Navigating PFAS Compliance With FDA, Emerging State Laws
As PFAS food packaging regulation intensifies at the state level, businesses should consider how federal action and possible preemption from the U.S. Food and Drug Administration may affect their compliance plans, say attorneys at Holland & Knight.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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NY Cannabis Licensing Row Compounds State Industry Woes
A New York trial court’s recent injunction, preventing state regulators from issuing any new cannabis retail licenses, is the latest setback in a program rollout riddled with legal challenges and other delays, and will likely have negative impacts on operators, applicants, consumers and the state economy, say Meaghan Feenan and William Wolfe at Harris Beach.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.