Retail & E-Commerce

  • May 10, 2024

    NJ Attys Settle Malpractice Suit Over Wawa Injury Claim

    Attorneys at a New Jersey law firm have settled a malpractice lawsuit from a former client who claimed they caused him to lose his chance to sue convenience store chain Wawa over an on-the-job injury, according to a letter submitted Thursday to state court.

  • May 10, 2024

    Fuzzy Jurisdiction In Web Cases Has 1st Circ. Judge 'Worried'

    A First Circuit judge has said uncertainty over how personal jurisdiction rules apply to cases involving the borderless internet may require action from Congress or the U.S. Supreme Court, expressing concern that website operators can "manipulate" the legal requirement in order to avoid accountability.

  • May 10, 2024

    Feds Finalize Tariffs Topping 744% On 8 Countries' Mattresses

    The U.S. Department of Commerce firmed up anti-dumping duties reaching more than 744% on mattresses that are being dumped in the U.S., marking its third wave of sky-high tariffs on mattresses from abroad.

  • May 10, 2024

    Digital Platform Xtribe To Go Public Via $141M SPAC Merger

    Technology-driven marketplace company Xtribe PLC, advised by Cozen O'Connor PC, has announced plans to go public via a merger with Haynes and Boone LLP-led special-purpose acquisition company WinVest Acquisition Corp. in a deal that values Xtribe at an implied equity value of $141 million.

  • May 10, 2024

    Toymaker KidKraft Files Ch. 11 With Plan To Sell Assets

    Dallas toy company KidKraft Inc. filed for Chapter 11 protection in a Texas bankruptcy court Friday with more than $100 million in debt, blaming economic headwinds and saying it has a prepackaged sale plan.

  • May 09, 2024

    Amazon Shakes Wash. Suit Premised On Calif. Wiretap Claims

    A Washington federal judge has tossed a putative class action accusing Amazon.com Inc. of unlawfully recording chat conversations with consumers, finding that the plaintiff couldn't sustain a suit containing only California claims because the e-commerce giant's usage agreement makes clear that Washington law governs such disputes. 

  • May 09, 2024

    FTC Urges High Court To Reject Challenge To $5.2M Award

    The Federal Trade Commission has urged the U.S. Supreme Court to reject a credit monitoring company's challenge to a $5.2 million refund award the federal agency won on behalf of a class of consumers, arguing the award is authorized under the Federal Trade Commission Act. 

  • May 09, 2024

    Amazon, Walmart Face Dem Questions Over 'Dynamic Pricing'

    Senate Banking Committee Chair Sherrod Brown on Thursday raised concerns to Amazon and Walmart about corporations hiking prices by exploiting customer data and pricing algorithms, saying it undermines consumers' ability to comparison shop and save money.

  • May 09, 2024

    Walmart Slips Out Of $1.3M Judgment In Icy Slip-And-Fall Suit

    A New Jersey state appeals court overturned a jury verdict and $1.3 million judgment awarded to a woman who slipped and fell at a Walmart parking lot, saying the trial judge was required to tell the jury about the state high court's ongoing storm rule.

  • May 09, 2024

    FTC Says Handbag Cos. Have Info Needed To Defend $8B Deal

    The Federal Trade Commission assailed Tapestry and Capri on Wednesday for demanding more details on the market allegedly threatened by their planned $8.5 billion merger, which would pair the parent company of Coach and Kate Spade with that of Versace and Michael Kors, arguing the firms have the information they need.

  • May 09, 2024

    Nintendo Gets Switch Suit Stay Pending Patent Review

    A Seattle federal judge agreed Thursday that Nintendo could pause an intellectual property suit against it while it seeks to challenge the validity of the patents at issue, saying the plaintiff could not now complain about delays since it waited six years to file its complaint.

  • May 09, 2024

    Skadden-Led Firm Nets $250M In May's Second SPAC Listing

    GP-Act III Acquisition Corp., a Skadden-led special-purpose acquisition company backed by multiple private investment firms, began trading on Thursday after completing a $250 million initial public offering, marking the second SPAC listing this month in an otherwise battered market.

  • May 09, 2024

    Tablet Co. Wins China Duty Refund, Loses On Tariff Heading

    A digital writing tablet company will recoup the bulk of tariffs it paid under the Section 301 duty program to import its goods after the U.S. Court of International Trade rejected its preferred tariff classification Thursday.

  • May 09, 2024

    Solar Co. Wins Remand Of Feds' 'Contrary To Law' Duties

    The U.S. Court of International Trade has published opposing outcomes for two Chinese solar cell producers penalized in a recent duty review, affirming duties topping 238% for one and directing the government to reconsider a 12.24% rate for the other.

  • May 09, 2024

    Wisconsin Co., Hong Kong Biz To Drop Cup Holder IP Dispute

    A Wisconsin business and a Hong Kong furniture maker are looking to end their long-winding patent and trade dress dispute over cup holders, years after a jury handed the Badger State company a $100 million award that was later significantly reduced by the court.

  • May 09, 2024

    Hermes Seeks Exit From Antitrust Suit Over Birkin Bag Sales

    Hermès urged a California federal judge on Thursday to toss an antitrust class action accusing the luxury fashion retailer of tying the sale of its iconic Birkin and Kelly handbags to other items, saying the plaintiffs' assertion that the handbags constitute their own market minimizes the "fierce competition" across the luxury goods industry.

  • May 09, 2024

    Chicken Farmers Win Cert. Of 24K Class In No-Poach Suit

    An Oklahoma federal judge has certified a class of more than 24,000 broiler chicken farmers accusing Pilgrim's Pride of conspiring with others to suppress grower compensation through no-poach agreements, noting the plaintiffs provided direct and circumstantial evidence to show the existence of an antitrust conspiracy affecting all farmers.

  • May 09, 2024

    Caremark Can Seek Arb. In Oklahoma Tribe's Prescription Suit

    An Oklahoma federal court judge has paused a dispute between the Muscogee (Creek) Nation and Caremark LLC until the pharmaceutical company can resolve a bid to compel the tribe into arbitration in an Arizona court over unpaid reimbursement claims.

  • May 09, 2024

    Plumbing Co. Owner Cops To Tax Scheme Tied To Gold Bars

    The co-owner of a Boston plumbing supply company pled guilty Thursday to underreporting his business and personal income, after prosecutors said he plowed some of the unreported receipts into $10 million worth of gold and silver bars.

  • May 09, 2024

    Plumbing Co. Ignoring OT Precedent, 1st Circ. Judge Chides

    A First Circuit judge said Thursday that a plumbing supply distributor arguing that its inside sales representatives don't qualify for overtime pay appears to be "running as fast as you can to get away" from a key recent precedent.

  • May 09, 2024

    Man Says LG Chem Can't Duck NC Courts In Battery Suit

    A man suing South Korea-based LG Chem Ltd. over an exploding lithium-ion battery is urging a North Carolina federal district court to find that it has jurisdiction over the company, saying LG has sufficient ties to the state through its marketing and selling of the batteries, even if it doesn't sell directly to customers.

  • May 09, 2024

    Texas Judge Slashes Nike Atty Fee Request In Trademark Suit

    A Texas federal judge was not convinced Nike's attorneys and staff spent more than 750 hours to defend a trademark infringement suit brought by a digital creator, awarding them $25,000 instead of the $570,000 in attorney fees the company requested.

  • May 09, 2024

    4th Circ. Mulls Scope Of Farm Bill In Virginia Hemp Fight

    A Fourth Circuit panel on Thursday pushed attorneys for the state of Virginia and a group of hemp companies and customers to define precisely how much power states have to restrict the production and sale of intoxicating products derived from federally legal hemp.

  • May 09, 2024

    Nike Denied Nursing Workers Lactation Spaces, Suit Says

    Nike failed to provide nursing employees with adequate breaks or spaces to express breast milk and told a manager that she was setting a bad example for her team when she asked to pump milk outside of her scheduled breaks, a lawsuit filed in Los Angeles County superior court said.

  • May 09, 2024

    Deals Rumor Mill: Paramount, Peloton, International Paper

    Sony and Apollo plan to break up Paramount if their $26 billion bid prevails, private equity firms are eyeing a Peloton buyout, and International Paper gets a $15 billion bid from Brazil's Suzano. Here, Law360 breaks down the notable deal rumors from the past week.

Expert Analysis

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Shopify Ruling May Support Personal-Jurisdiction Defenses

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    Litigators, cybersecurity practitioners and web-based entities should all take note of the Ninth Circuit’s recent ruling in Briskin v. Shopify, as it could lend significant support to personal-jurisdiction defenses, but such entities should still consider how their operations might tie them to certain states, say John Gray and Patrick McCormick at Lewis Roca.

  • 6 AI Cases And What They Mean For Copyright Law

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    Artificial intelligence cases filed last year, some decided and others pending, demonstrate how the appellate courts that set binding precedent look at the intersection between copyright and AI, so legal frameworks must adapt and provide clarity in order to foster innovation, protect creators, and ensure fair and equitable outcomes, say attorneys at Crowell & Moring.

  • Food And Beverage Policy Trends Cos. Should Track In 2024

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    The list of legal issues food and beverage companies should watch out for in 2024 include the U.S. Food and Drug Administration’s Human Foods Program, the Food Safety and Inspection Service’s salmonella proposal, Proposition 12 and more, say Bob Hibbert and Amaru Sánchez at Wiley.

  • Why Fed. Circ. Affirmed Attorney Fee Award In PersonalWeb

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    A recent Federal Circuit decision to leave a $5.2 million fee award in place in the PersonalWeb patent case underscores district courts' discretion to sanction unreasonable arguments and litigation tactics under the U.S. Code's attorney fee provision, say attorneys at Shearman. 

  • Sale-Leasebacks May Provide A Safe Financing Alternative

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    Amid rising interest rates and unpredictable market conditions, sale-leasebacks can be a useful investment option for both buyers and sellers, though their potential drawbacks demand careful consideration, says Chanel Di Blasi at Crosbie Gliner.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • 5 Trends That Will Affect Food Litigation In 2024

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    In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.

  • The Space Law And Policy Outlook For 2024

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    Expect significant movement in space law, regulation and policy in 2024, as Congress, the administration and independent federal agencies like the Federal Communications Commission address the increasingly congested, contested and competitive nature of space and the space industry, say Paul Stimers and Leighton Brown at Holland & Knight.

  • Charting The Course For Digital Assets In 2024

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    Although 2023 was a tough year for the digital asset industry, upcoming court decisions, legislation and regulatory action will bring clarity, allowing the industry to expand and evolve, and the government will decide what innovation it will allow without challenge, says Joshua Smeltzer at Gray Reed.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • Trends Shaping The 2024 Consumer Packaged Goods Industry

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    The better-for-you segment within the consumer packaged goods industry is poised for a significant evolution in 2024, and industry players must remain agile and adaptive through M&A activities, legal considerations, sustainability initiatives and changing technology, says Christopher Cain at Foley & Lardner.

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