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Retail & E-Commerce
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May 23, 2024
Whirlpool Aims To Sink Fridge Wiring Defect Claims
Whirlpool Corp. is asking a Delaware federal court to throw out claims in a consolidated class action alleging it sold refrigerators with defective wiring, saying the complaint fails to show it had any knowledge of the defect.
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May 23, 2024
Commission Paves Way For Duties On Brass Rod Imports
The U.S. International Trade Commission ruled 3-1 that imported brass rods, used in cell tower networks and military braking systems, has been economically harming the domestic market.
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May 23, 2024
DOJ Sues Live Nation 14 Years After Ticketmaster Deal
The U.S. Department of Justice sued Live Nation Thursday over the 2010 agreement clearing the concert promotion giant's purchase of Ticketmaster, an oft-maligned deal that enforcers now want to unwind and that is blamed for fiascoes like the meltdown of ticket sales for Taylor Swift's Eras tour.
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May 22, 2024
Pryor Cashman Atty Accused Of 'Brazen' Hose Patent Fraud
An attorney for Pryor Cashman LLP and his client were accused Wednesday in Florida federal court of engaging in a "brazen" scheme to usurp a hose company's rights to a patent portfolio while also defrauding the U.S. Patent and Trademark Office.
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May 22, 2024
Antitrust Judge Questions Apple's Phil Schiller On New Fees
A California federal judge deciding whether Apple has complied with her ban on App Store anti-steering rules questioned Apple fellow Phil Schiller on Wednesday on Apple's new program imposing 27% fees on out-of-app transactions, saying "all the new program does is maintain the anti-competitive environment" for the company's benefit.
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May 22, 2024
Record Co. Worker Can't Appeal Before Nirvana Logo Trial
A former record company employee who claims he created Nirvana's "smiley face" logo can't immediately appeal a ruling denying his ownership claim or delay trial in the band's copyright suit against designer Marc Jacobs International LLC over the logo, a California federal judge has ruled.
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May 22, 2024
NFL Escapes Sanders Statue Spat As Getty Eyes Arbitration
The NFL has escaped a New York federal lawsuit filed by a professional photographer who claims his copyrighted photo was unlawfully used to create a statue of legendary running back Barry Sanders, while Getty Images Inc. hopes to settle through arbitration.
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May 22, 2024
Tax Biz Sues Wayfair In Del. For Unpaid Tax Savings Delivery
Texas-headquartered consultant Ryan Tax Compliance Services LLC on Wednesday sued Wayfair LLC in Delaware's Superior Court, accusing the online consumer goods giant of failing to pay more than $1.8 million in fees after Ryan delivered $7 million in tax payout savings over three years.
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May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
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May 22, 2024
Solar Cell Duties May Inadvertently Crush Domestic Industry
A bevy of new duty rules on solar cell imports from Asia, coupled with a government investigation instigated by domestic producers unconventionally claiming to protect future homegrown manufacturing, could backfire on the Biden administration's efforts to boost the nascent domestic sector.
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May 22, 2024
Boies Urges Judge To Rethink Precedential Cannabis Case
Attorney David Boies, representing a group of cannabis companies challenging federal marijuana prohibition, told a Massachusetts federal judge Wednesday that his clients' case should proceed because a U.S. Supreme Court case governing marijuana policy is out of date.
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May 22, 2024
Axon Says Deal Saved 'Vital' Services In Antitrust Case
Axon Enterprise Inc. is looking to toss allegations that it monopolized the Taser and body-worn camera markets, arguing that its acquisition of a body camera supplier preserved vital services for police departments while a trio of municipalities said the deal resulted in higher prices.
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May 22, 2024
Oaktree Assumes Inter Milan Ownership After Missed Payment
Oaktree Capital Management LP has taken over ownership of FC Internazionale Milano after the soccer club failed to fully repay a three-year loan from Oaktree that matured this month, leaving a balance of €395m ($428.4 million).
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May 22, 2024
Tennessee DA, PD Sued Over $1.35M Seizure Of Legal Hemp
A Tennessee hemp seller and a wholesaler are suing the city of Spring Hill, its police department and a prosecutor, saying they illegally seized $1.35 million in legal hemp under the belief that it's the "same damn thing" as illegal cannabis.
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May 22, 2024
'Pump-And-Dump' Claims Sputter In 'Disorganized' RICO Suit
A Michigan federal judge on Tuesday freed multiple defendants accused of funding a "pump-and-dump" scheme, saying a company suing over shareholders' alleged $3 million losses couldn't prove that the defendants made any plans together, while taking jabs at both sides' "disorganized" filings.
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May 22, 2024
SC Gov. Signs Earned Wage Access Bill Into Law
South Carolina has become the fifth state to approve a new law governing so-called earned wage access products, which provide workers with cash advances, as the Palmetto State joins Nevada, Missouri, Wisconsin and Kansas in regulating the products.
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May 22, 2024
Rakoff Punts Terraform Args Amid Big-Dollar Settlement Talk
A hearing on whether Terraform Labs and its creator Do Kwon must pay billions of dollars in penalties after being found liable for fraud by a Manhattan jury was delayed Wednesday by U.S. District Judge Jed S. Rakoff, who said the sides are actively pursuing a settlement.
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May 22, 2024
Commerce Lifts Xanthan Gum Duty That Trade Court Rebuked
The U.S. Department of Commerce reluctantly erased anti-dumping duties on Chinese xanthan gum after being twice rebuked by the U.S. Court of International Trade for penalizing a company with higher duties based on issues with its sales data.
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May 22, 2024
Chanel Stiffs Calif. Workers On Meal Breaks, OT, Court Told
Hourly employees at Chanel in California have not been paid for all their hours worked, including missed meal breaks and overtime, a former worker told a state court.
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May 21, 2024
Pacific Seafood Beats Crab Price-Fixing Claims, For Now
A California federal magistrate judge on Tuesday dismissed a proposed class action claiming Pacific Seafood fixed the price paid to fishers for Dungeness crab in the Pacific Northwest but will allow the fisherman who filed the suit the opportunity to amend most of his claims.
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May 21, 2024
Bungie's Code Copying Claims Questioned At Seattle Trial
A top product security engineer at Bungie told a Seattle federal jury on Tuesday that a hacker accused of exploiting a popular game to make cheat software likely never had access to the game's source code and acknowledged the game company hasn't seen the cheat code that it claims amounts to copyright infringement.
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May 21, 2024
Calif. Justices Doubt App-Based Drivers' Prop 22 Challenge
Several California Supreme Court justices pushed back Tuesday against arguments by ride-hailing drivers that the Proposition 22 ballot measure carving out certain app-based workers from a worker classification law unconstitutionally runs afoul of the Legislature's authority, with one justice saying their position could "freeze out" voter-approved initiatives.
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May 21, 2024
California Atty Takes Aim At Rhode Island Cannabis Program
A California lawyer who has challenged state and local cannabis licensure programs across the country is accusing Rhode Island marijuana regulators of designing a plan to award cannabis retail licenses that unconstitutionally discriminates against out-of-state players.
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May 21, 2024
Wawa, Sherwin-Williams Beat Paint Slip-And-Fall Suit
Gas station chain Wawa Inc. and paint maker Sherwin-Williams Co. can't be held liable for injuries a New Jersey man sustained after slipping on a yellow parking lot line, a state appeals court ruled, calling the plaintiff's expert report "speculative and unsupported" by the facts.
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May 21, 2024
Eye Drops Must Sell On Even Terms Under Rare Antitrust Win
A California federal judge cemented a rare win under a little-used antitrust law, following up on a December jury verdict against an eye drops company with a decision barring it from offering Costco better terms than the retail wholesaler plaintiffs.
Expert Analysis
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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.
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A New Push To Clear Up Marijuana's Foggy Legal Status
A recently publicized U.S. Food and Drug Administration recommendation to reschedule marijuana has reignited discourse over the drug's federal legal status — and although rescheduling would mitigate the legal risks for the industry and drastically increase the resources available for industry participants, the path forward will not be clear cut, say Joseph Cioffi and Louis DiLorenzo at Davis+Gilbert.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.