Retail & E-Commerce

  • April 25, 2024

    Conn. Judge Sends Colo. Mass Shooting Cases To State Court

    A Connecticut federal judge sent two lawsuits against gunmaker Sturm Ruger & Co. Inc. back to state court Thursday, finding that the complaints brought by the estates of two Colorado mass shooting victims did not meet a key standard for handling the claims in federal court.

  • April 25, 2024

    Court Brushes Off Door Co.'s Bid To Hasten Duty Refund

    The U.S. Court of International Trade backed U.S. Customs and Border Protection's timeline for unwinding duties on door thresholds from Vietnam after the agency reversed a previous evasion finding, saying CBP's redetermination became final after the court's approval.

  • April 25, 2024

    Joann Fabric Wins Confirmation Of Prepackaged Ch. 11 Plan

    Joann Inc., parent company of retailer Joann Fabric and Crafts, received a Delaware judge's approval of its prepackaged Chapter 11 plan Thursday that will lighten its debt load by $505 million.

  • April 25, 2024

    Dominican Republic, Uzbekistan No Longer On IP Watch List

    The Office of the U.S. Trade Representative announced Thursday it has removed the Dominican Republic and Uzbekistan from its watch list of countries with poor track records on intellectual property protection, keeping close trade partners Mexico and Canada on the roster.

  • April 25, 2024

    NY Pot Regulator Seeks Dismissal Of Bias Suit

    New York's cannabis regulator on Wednesday asked a federal judge to toss a lawsuit litigated by a conservative legal organization that alleges that the state's social equity licensure program discriminates against white men, saying the plaintiffs lack standing.

  • April 25, 2024

    Split Take On NJ 'Fake' Sale Case Disrupts Biz-Friendly Pattern

    A recent New Jersey Supreme Court decision rejecting "fake discounts" as a source of consumer fraud was a boon for the class action defense bar, but the takes of three dissenting judges and Attorney General Matt Platkin show that the state's largely business-friendly jurisprudence on what qualifies as an ascertainable loss isn't quite settled.

  • April 25, 2024

    Ore. Tax Court Rejects Lowe's Valuation Reduction Arguments

    A Lowe's home improvement store was properly valued by comparing the sales values for occupied big box home improvement stores, the Oregon Tax Court said in a pair of rulings. 

  • April 25, 2024

    Rival Amazon Union Attys Get Warning From Federal Judge

    A Brooklyn federal judge expressed displeasure Thursday with how federal litigation between rival factions inside a nascent Staten Island, New York, union representing Amazon warehouse workers has been conducted, saying it has wasted time and raising the possibility of sanctions.

  • April 25, 2024

    Panel Backs Gas Station's Win In Drunken Driving Death Suit

    An Ohio state appeals court has upheld the dismissal of a lawsuit over the deaths of two young men in a drunken driving crash, saying the alcohol seller can't be liable under Ohio's Dram Shop Act because the purchaser wasn't the driver.

  • April 24, 2024

    Whole Foods May Have Retaliated In BLM Case, 1st Circ. Says

    Whole Foods hasn't yet proven that its firing of a worker who wore a Black Lives Matter mask to work wasn't retaliatory, the First Circuit said in an opinion unsealed Wednesday, ruling that there is a "genuine dispute" as to whether she was terminated for protected conduct.

  • April 24, 2024

    Cooley, Latham Lead Data Security Firm Rubrik's $752M IPO

    Venture-backed data security firm Rubrik Inc. on Wednesday priced a $752 million initial public offering above its range, represented by Cooley LLP while Latham & Watkins LLP advised the underwriters, joining an increasingly receptive market for technology firms.

  • April 24, 2024

    Judge Suggests Amazon Never Denied Late-Delivery Refund

    A Washington federal judge seemed to signal Wednesday that a putative class action accusing Amazon of not delivering a package as quickly as promised might get dismissed, noting the plaintiff did not actually get denied a refund because he never requested one. 

  • April 24, 2024

    9th Circ. Says NLRB Can Enforce Starbucks Bargaining Order

    The Ninth Circuit said Wednesday that Starbucks must recognize its Seattle roastery workers' April 2022 vote to unionize, overruling the coffee giant's contention that ballots should have been cast in person and concluding a National Labor Relations Board manager had discretion to call the mail-in election because of COVID-19 case counts at the time.

  • April 24, 2024

    Feds' 'Sparse' Explanations Call For Remand, Says Rebar Co.

    An error and "sparse" justification underpinning a countervailing duty assessment required the U.S. Court of International Trade to remand the results of the fifth review of Turkish rebar tariffs, counsel told CIT Judge Gary S. Katzmann on Wednesday.

  • April 24, 2024

    US Solar Cos. Call For Duties On Cells From Southeast Asia

    Seven U.S. solar manufacturers on Wednesday called on the U.S. government to impose duties on solar cells from four Southeast Asian countries, saying a surge in production in those countries — much by Chinese-owned companies — has been undercutting the domestic market.

  • April 24, 2024

    Foxtrot, Dom's Kitchen Closures Violate WARN Act, Suit Says

    Former employees of Foxtrot Market and Dom's Kitchen & Market hit the stores' parent company with a lawsuit in Illinois federal court Thursday, alleging it failed to give workers 60 days' notice of mass layoffs as required by federal law when all 33 locations abruptly shuttered Tuesday.

  • April 24, 2024

    Forex Trader Must Pay $11.8M For Ponzi-Like Scheme

    A Michigan federal judge on Tuesday said a purported forex commodity pool operator and its agent must pay more than $11.8 million in penalties and restitution for bilking participants in a Ponzi-like scheme, after the defendants ignored a Commodity Futures Trading Commission suit.

  • April 24, 2024

    Louis Vuitton Flouted Wage And Hour Laws, Suit Says

    Louis Vuitton has been hit with a proposed wage and hour class action in Los Angeles Superior Court by a former employee, alleging the luxury fashion company failed to pay overtime, provide proper meal and break periods and manipulated time cards to show fewer hours than worked during the pay period.

  • April 24, 2024

    Groups Back Intuit's 5th Circ. Challenge To FTC Over Ads

    Business and conservative groups defended tax software giant Intuit Inc. in its Fifth Circuit constitutional challenge to the Federal Trade Commission's findings that the company engaged in deceptive advertising, saying the agency acts as both prosecutor and jury and that its administrative judges have unchecked power.

  • April 24, 2024

    FDA Can Keep Most Docs Hidden From Juul's FOIA Request

    A District of Columbia federal judge has largely sided with the U.S. Food and Drug Administration in a suit by Juul Labs Inc. seeking documents related to the FDA's decision to ban its products, saying the bulk of the files fall under a privilege that protects predecision deliberations.

  • April 24, 2024

    Joe Rogan Brain Health Supplements Don't Work, Suit Claims

    A proposed class of supplement buyers is suing a brain health supplement founded and promoted by podcaster Joe Rogan in New York federal court, saying the company's own studies prove false its advertisements claiming the product is "clinically" proven to promote cognitive function.

  • April 24, 2024

    FDA Seeks Max Fines Against Shops Selling Elf Bar Vapes

    The U.S. Food and Drug Administration has issued another round of complaints and civil penalties to 22 brick-and-mortar and online sellers of illicit e-cigarettes, including the highly popular Elf Bar brand, according to an agency announcement that noted more than 100 retailers have been hit since September.

  • April 24, 2024

    Solar Panel Co. Loses Calif. Appeal Over PAGA Arbitration

    A California appellate panel sided with a lower court as it ruled in a published opinion that a carveout in a home solar panel company's employment agreement did not require a former worker to arbitrate his individual Private Attorneys General Act claims, keeping his suit in court.

  • April 24, 2024

    Colo. Cooler-Maker Says License Didn't Undo Patent Rights

    A Colorado company that makes soft-sided coolers has argued a 2023 licensing agreement didn't give away its exclusive rights to some patents as a Canadian rival has claimed, arguing the deal preserved its right to enforce the patents at issue.

  • April 23, 2024

    10th Circ. Orders Redo Of $96M Award After Top Court Ruling

    The Tenth Circuit on Tuesday ordered an Oklahoma federal court to recalculate a $96 million trademark infringement award won by a radio control maker against its European former partners after the U.S. Supreme Court ruled last year that the Lanham Act applies only to domestic conduct in commerce.

Expert Analysis

  • 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.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • A Difficult Year For CRE, But Future May Be Brighter

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    2023 was a challenging year for the commercial real estate industry, marked by significant uncertainty, but market pressure and signs of rising interest rates provide some reasons to be cautiously optimistic for the year ahead as pandemic headwinds and gridlock fade away, say attorneys at Ropes & Gray.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Opinion

    Why Challenges To FTC Authority Are Needed

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    In spite of skepticism from courts, the Federal Trade Commission continues to advance novel legal theories — and Meta's recent federal suit against the agency over its alleged "structurally unconstitutional" administrative proceedings is arguably an expression of backlash to regulatory overreach, says Daniel Gilman at the International Center for Law & Economics.

  • Analyzing 1 Year Of Comments On FTC's Green Guides

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    A review of over 7,000 comments submitted in the year since the Federal Trade Commission requested feedback on its Green Guides reveals widespread concern over how the existing guidelines leave room for interpretation, putting businesses in a challenging position when marketing products, say Mark Levy and Emma Lombard at Eckert Seamans.

  • The Key Laws Retailers Should Pay Attention To In 2024

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    2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.

  • Fed's New Swipe At Debit Fees Stirs Up Dilemma For Banks

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    The Federal Reserve's proposal to reduce the cap on debit card interchange fees charged or received by card issuers and payment networks comes as other bank account fees are taking regulatory hits, which could all culminate in an overall decline in access to banking products and services, says Kristen Larson at Ballard Spahr.

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