Retail & E-Commerce

  • May 14, 2024

    Lululemon Scores Partial PTAB Wins On Nike Patents

    The Patent Trial and Appeal Board has found that athletic apparel retailer Lululemon Athletica Inc. had shown that all the challenged claims of one Nike patent on fitness tracking technology and some of the claims of another patent are invalid.

  • May 14, 2024

    Stitch Fix Stockholder's Del. Suit Alleges $102M Insider Trades

    Insiders at online personal styling service Stitch Fix Inc. sold $102 million worth of company stock while hiding information for nearly 18 months about the company's faltering business prospects, a shareholder has alleged in a new Delaware Chancery Court complaint.

  • May 14, 2024

    Revised $2.25M Walmart OT Deal Fails For Lack Of Changes

    A California federal judge again refused to approve a $2.25 million deal between Walmart and 1,700 workers that would resolve an unpaid overtime lawsuit, finding that the modified agreement did not fix deficiencies the court had previously identified in the settlement's distribution method.

  • May 14, 2024

    Chamber Cautions FCC Against Making Anti-Arbitration Rules

    Business leaders told the Federal Communications Commission that it cannot bar wireless providers from requiring arbitration clauses with customers to resolve disputes arising from cellphone SIM card and port-out fraud.

  • May 14, 2024

    Cos. Ask NY Court To Invalidate 100s Of Pot Licenses

    New York state's beleaguered cannabis oversight agency has been hit with another lawsuit, this one seeking to invalidate hundreds of retail licenses that regulators issued to those most directly affected by the enforcement of marijuana prohibition laws.

  • May 14, 2024

    Data Co. Workers Had No Power Over Scam Clients, Jury Told

    Lawyers for two former Epsilon Data Management employees told a Colorado federal jury Tuesday they weren't responsible for selling consumer data to phony sweepstakes and other Epsilon clients, arguing they were just following orders from executives who made the deals.

  • May 14, 2024

    Judge Cuts Customer's Walmart Seafood Sustainability Claims

    An Illinois federal judge has cut several claims from a consumer's proposed class suit targeting allegedly deceptive sustainability representations Walmart makes about its seafood, but left the door open for her to amend her allegations before going forward.

  • May 14, 2024

    Amazon Owes Atty Fees Plus $525M IP Bill, Cloud Co. Says

    After an Illinois federal jury determined that Amazon owes $525 million for infringing three of Kove IO's patents relating to cloud data storage technology, the Chicago software company asked a judge Tuesday to add $180 million in interest, while also arguing Amazon owes attorney fees for its surprise trial tactics.

  • May 14, 2024

    Amazon Rips 'Misleading' Claims Execs Destroyed Evidence

    Amazon on Monday opposed the Federal Trade Commission's and state attorneys generals' allegations that founder Jeff Bezos and other executives used the encrypted app Signal to destroy evidence in their high-stakes Washington federal court antitrust fight, arguing that the executives' use of the app is legitimate and that the plaintiffs' motion is "misleading."

  • May 14, 2024

    California Pot Worker's Suit Alleges Slurs, Unpaid Overtime

    A former worker for a cannabis cultivator and distributor is suing his former employer in California state court, saying he was fired in retaliation for reporting a work environment rife with racial discrimination.

  • May 14, 2024

    Pool Co. Pleads For Reprieve From Asset Freeze To Pay Attys

    A Chinese manufacturer of swimming pool products and its American subsidiary are seeking a temporary respite from a court-ordered asset freeze intended to ensure they pay a multimillion-dollar verdict, saying they need to pay legal fees and other trial costs in the interim.

  • May 14, 2024

    Int'l Trade Commission Confirms Asia Is Dumping Steel Shelves

    The U.S. International Trade Commission unanimously voted Tuesday that boltless steel shelves from Malaysia, Taiwan, Thailand and Vietnam are hurting the domestic industry by being sold in the U.S. at unfairly low prices.

  • May 14, 2024

    EU Finance Ministers Strike Deal On Withholding Tax Refunds

    European Union finance ministers agreed Tuesday to a withholding tax refund law, as previous holdouts Poland and the Czech Republic withdrew their objections.

  • May 13, 2024

    Bank Lobbies Rattle Sabers At Fed Over Debit Swipe Fees

    Some of the same banking industry groups that sued over the Consumer Financial Protection Bureau's credit card late fee rule have urged the Federal Reserve to refrain from lowering a separate cap on debit card swipe fees, signaling it could be the next bank fee regulation to face a legal challenge if finalized.

  • May 13, 2024

    Vt. On Brink Of Enacting Privacy Bill With Lawsuit Mechanism

    The Vermont legislature has sent to the governor's desk a comprehensive data privacy bill that would not only require companies to scale back their data collection efforts and ramp up safeguards for children, but also give consumers the rare opportunity to sue large businesses that violate the law in certain circumstances. 

  • May 13, 2024

    Whirlpool Service Plans Don't Guarantee Repairs, Suit Says

    Whirlpool Corp. violates Washington consumer protection laws by selling extended service plans that give the company the option to buy back broken appliances instead of fixing them, according to a proposed class action filed in federal court.

  • May 13, 2024

    Handbag Cos. Denied More Market Info In FTC Merger Suit

    A New York federal judge refused Monday to force the Federal Trade Commission to give Tapestry and Capri more details on the market allegedly threatened by their planned $8.5 billion merger, finding the parent companies of Coach and Michael Kors have the information they need.

  • May 13, 2024

    Trade Court Judge Objects To Nippon's New Duty Arguments

    Nippon Steel Corp. struggled Friday to convince the U.S. Court of International Trade that national security tariffs should not have factored into its anti-dumping duty rate, as Judge Stephen Vaden criticizing its counsel for introducing new arguments in court.

  • May 13, 2024

    Starbucks Sues La. Coffee Co. Over 'Nearly Identical' Logo

    Starbucks Corp. has accused a Louisiana-based coffee company in New York federal court of infringing its logo trademark with a "nearly identical" logo.

  • May 13, 2024

    Judge Says Bold, Italic Font Muddies Allbirds Investor Suit

    A California federal judge has tossed for now a proposed class action from Allbirds Inc. investors who claim the sustainable shoe retailer made false and misleading statements in registration documents connected to its initial public offering, saying the complaint doesn't indicate which statements from the company's executives were allegedly misleading.

  • May 13, 2024

    2nd Circ. Affirms Dismissal Of Bystolic Antitrust Suit

    The Second Circuit issued its first decision under the high court's Actavis "pay for delay" ruling on Monday, affirming the dismissal of a case alleging that an AbbVie predecessor delayed competition for its hypertension treatment Bystolic through deals with several generic makers.

  • May 13, 2024

    Corp. Transparency Act An Overbroad Dragnet, 11th Circ. Told

    Congress exceeded its authority in passing the Corporate Transparency Act, which prompted the U.S. Treasury Department to solicit personal information for law enforcement purposes from those that registered and owned state-registered entities, a small-business group told the Eleventh Circuit on Monday.

  • May 13, 2024

    Kroger Says Wash. AG's Merger Suit Ignores Costco's Impact

    The Washington state attorney general's challenge to Kroger's proposed $24.6 billion acquisition of rival grocery giant Albertsons ignores key economic realities, the companies argued in recent state court filings, including fierce competition from Costco and other big-box retailers.

  • May 13, 2024

    EU Designates Booking.com As Gatekeeper, X Ads Escape

    The Dutch company that owns popular travel site Booking.com is the latest company to be hit with the gatekeeper designation by the European Commission, and the social media platform X may be next.

  • May 13, 2024

    Vietnamese Fish Exporter Sues Over 'Vague' Duty Instructions

    A Vietnamese frozen fish fillet producer filed suit at the U.S. Court of International Trade, claiming the U.S. Department of Commerce erroneously calculated an anti-dumping duty rate for its products and then issued instructions subjecting it to a higher rate.

Expert Analysis

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Sellers Seeking Best Deal Should Focus On Terms And Price

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    Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.

  • Series

    ESG Around The World: South Korea

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    Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Opinion

    Civil Litigation Against Gun Businesses Can Reduce Violence

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    With mass shootings skyrocketing, and gun control legislation blocked by powerful interest groups, civil litigation can help obtain justice for victims by targeting parties responsible beyond the immediate perpetrator — including gun manufacturers, dealers and retailers, says Tom D'Amore at D'Amore Law Group.

  • Retailers: Beware Legislator And Regulator Junk Fee Focus

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    In light of the Biden administration’s recent focus on restricting so-called junk fee surcharges across industries, attorneys at Benesch discuss what retailers should know about several evolving developments, including a new California law, a proposed Federal Trade Commission rule, an expanding litigation landscape, and more.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

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    Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Considerations For Navigating Mixed-Use Developments

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    As mixed-use developments continue to rise in popularity, developers considering this approach to urban planning must be aware of key considerations ranging from title and zoning laws to proper engagement with stakeholders, says Mehdi Sinaki at Michelman & Robinson.

  • What Can Be Learned From 3M's Iran Sanctions Settlement

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    3M’s recent agreement to pay $9.6 million to resolve potential liability for violation of Iran sanctions provides insight on the complexity of U.S. sanctions compliance, the duration of enforcement actions by the Office of Foreign Assets Control, and the benefits and potential drawbacks of voluntary disclosure, says Thaddeus McBride at Bass Berry.

  • Safe-Harbor Period Change Could Hinder TCPA Compliance

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    A proposed rule change under consideration by the Federal Communications Commission would require businesses to honor do-not-call requests within 24 hours of receipt for calls and texts that are subject to the Telephone Consumer Protection Act, and companies have already called it unreasonable, say Aaron Weiss and Danny Enjamio at Carlton Fields.

  • Cos. Must Address Growing Chatbot Class Action Risk

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    Following a new wave of chatbot-related consumer data privacy litigation and expanding compliance obligations created by state legislatures, businesses using such technology face a high-risk environment for wiretapping allegations, with inconsistent court rulings to date and uncertain legal holdings ahead, say attorneys at Pierce Atwood.

  • Regulatory Shift May Offer Lifeline To NY's Cannabis Industry

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    Recent developments may help to open up the regulatory log jam and increase the number of licensed dispensaries in New York state, and can eventually allow the licensed cannabis market to win out over unlicensed dispensaries, say attorneys at Davis+Gilbert.

  • Co. Directors Must Beware Dangers Of Reverse Factoring

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    New accounting requirements governing the disclosure of so-called reverse-factoring programs have revealed billions of dollars worth of hidden liabilities on companies’ ledgers, and directors of corporate boards should review their companies’ books for this hidden danger, say Garland Kelley at Looper Goodwine, Amin Al-Sarraf at Locke Lord and Jill Basinger at Discovery Land.

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