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Retail & E-Commerce
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April 05, 2024
Trade Court Backs Commerce's Dates For Turkish Rebar Sales
The U.S. Court of International Trade rebuffed Turkish rebar producers seeking to unwind tariffs on their products based on the U.S. Department of Commerce's designated date of sale for their U.S. imports, holding that evidence backed the agency.
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April 05, 2024
Texas Justices Reinstate Defense Verdict In Store Fall Suit
The Texas Supreme Court on Friday reversed a lower appellate court's decision to reinstate a slip-and-fall suit against an Albertsons LLC grocery store, saying that although certain instructions may have been erroneously given to the jury, the effect was harmless and not unfair.
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April 05, 2024
Starbucks Tells Judge Union Dealings Aren't 'Mission Critical'
Starbucks denied Friday that complying with federal labor law was "mission critical" to its business as it urged a Washington state judge to dismiss a shareholder suit accusing company leaders of union busting, which they say tanked Starbucks' reputation.
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April 05, 2024
Insurer Denies Coverage In Pet Store BIPA Class Action
An insurer told a Michigan federal court Friday that it didn't have to cover a pet store in an underlying employee proposed class action alleging the store violated Illinois' Biometric Information Privacy Act because the claims were precluded by the policy and a state statute of limitations.
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April 05, 2024
Home Depot Accused Of Using Fake Discounts Online
Home Depot has been hit with a class action in Georgia federal court, alleging it tricks buyers into purchasing items online by advertising false original prices and corresponding discounts that create the "illusion of short-lived bargains."
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April 05, 2024
Gunmakers Denied Stay In Mexico Lawsuit
Gunmakers hoping to get the U.S. Supreme Court to take up their effort to end a lawsuit by the Mexican government seeking to hold them liable for arming drug cartels can't make an end run around the First Circuit to pause the case while they wait, a Massachusetts district judge said on Friday.
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April 05, 2024
Beverage Giant Sued Under Illinois Genetic Privacy Law
Reyes Holdings, the largest beer distributor in the United States, has been sued in Illinois state court by a proposed class of job applicants who claim their genetic privacy rights were violated when they were required to submit to physical exams and inquiries about their family medical history as a condition of employment at the beverage distributor or its subsidiaries.
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April 05, 2024
Microsoft, Others Can Weigh In On Epic, Apple App Store Row
A California federal judge allowed Microsoft, X Corp., Meta Platforms, Spotify and other major app developers to file amicus briefs in Epic Games' effort to convince the court that Apple is not complying with an order barring it from using anti-steering rules in its App Store.
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April 05, 2024
Walmart's Self-Checkout Patents Survive BJ's PTAB Attacks
Retail chain BJ's Wholesale Club was unable to persuade judges on an administrative patent board to knock out any claims from a pair of patents covering a self-checkout app that Walmart's Sam's Club brand is suing the rival over in Florida federal court.
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April 05, 2024
Pa. Supreme Court Snapshot: COVID Coverage Starts Spring
The Pennsylvania Supreme Court's April lineup will prepare the justices to deliver highly anticipated guidance on whether business losses stemming COVID-19 pandemic orders should be covered by insurance and if Pittsburgh can compel rental-property owners to register and undergo training.
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April 05, 2024
Nationwide Optometry To Pay $3.4M Over 2021 Data Breach
Nationwide Optometry will pay $3.4 million to a proposed class of approximately 714,000 patients whose personal information was compromised following a ransomware attack in 2021 on network servers belonging to co-defendant U.S. Vision, according to a preliminary approval motion filed in New Jersey federal court.
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April 05, 2024
5th Circ. Won't Revive Michaels Fall Case After Footage Row
Craft supply store Michaels will not need to face a customer's slip-and-fall lawsuit after a Fifth Circuit Court of Appeals panel ruled Thursday that the customer was unable to prove how long a floor at a Slidell, La., location had been wet before the slip occurred.
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April 05, 2024
18 Crime Gangs Specialize In VAT Fraud, Europol Says
Eighteen major criminal gangs in the European Union specialize in value-added tax fraud, having end-to-end control over the entire criminal process, the EU's law enforcement agency said Friday.
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April 04, 2024
Coach Accuses Gap Of IP Theft Over Old Navy 'Coach' Tees
Luxury fashion company Coach Inc. sued The Gap Inc. for alleged trademark infringement in California federal court Tuesday, accusing the global apparel giant of illegally advertising and hawking a line of Old Navy T-shirts that display the word "Coach" in an effort to free ride off Coach's brand and reputation.
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April 04, 2024
After Voiding 'All Agency Regs' On Pot, NY Judge Backtracks
After a New York state judge voided such a wide swath of rules governing the state's nascent recreational marijuana market that a state senator said the ruling effectively threw "out all agency regulations," the court on Thursday issued a narrower order that nullifies only certain marketing restrictions.
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April 04, 2024
Arby's, Sonic, Dunkin Settle Mystery Shopper IP Claims
A Texas federal judge has stayed all deadlines in Fall Line Patents LLC's suit that accuses Arby's Restaurant Group Inc., Sonic Franchising LLC and Dunkin Brands Inc. of infringing its mystery shopper patent with their respective mobile applications, after the parties filed a joint bid saying they have settled their claims in principle.
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April 04, 2024
Steel Talks Absent From Start Of US-EU Trade Ministerial
Conversations on the first day of the EU-U.S. Trade and Technology Council on Thursday focused on sustainability for both the planet and the transatlantic partnership, but noticeably skirted the pair's foundered effort to reshape the global steel market.
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April 04, 2024
Trade Court Pans Feds' Excuses, Orders Redo Of Steel Duty
The U.S. Court of International Trade was unconvinced Wednesday that the U.S. Department of Commerce had corrected an old mistake when it raised a Korean company's steel countervailing duties, calling the purported mistake an excuse to break from old practices.
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April 04, 2024
Ex-CBP Agent Avoids Prison For Selling King Of Pop Signature
A 75-year-old former border agent who pled guilty to selling a customs declaration form signed by late singer Michael Jackson ducked prison time Thursday when a federal judge in North Carolina instead sentenced him to a year of probation.
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April 04, 2024
Parents Deny Need For Defect In Amazon Suicide Suit
Families accusing Amazon of negligently selling chemicals teens used in their suicides told the Ninth Circuit Wednesday that their suit should get another chance, arguing they did not have to show the lethal chemical was defective in order to prove Amazon's liability.
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April 04, 2024
Hawaii Cannabis Legalization Bill Dies In State House
An effort to legalize adult-use marijuana in Hawaii is effectively dead for this legislative session after Democrats in the state House of Representatives announced they would not deliberate any further on a proposal that had already cleared the state Senate this year.
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April 04, 2024
Amazon Union Leaders Accused Of Blowing Up Election Deal
An attorney for Amazon union reformers seeking to force officer elections slammed the current leadership Thursday for trying to blow up their New York federal court deal to hold a vote this summer, calling "absurd" a new argument that the deal disenfranchises members.
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April 04, 2024
Mattress Co. Can Redo Conspiracy Suit After 10th Circ. Trip
A Utah federal judge has rejected arguments from leading mattress manufacturers that a competitor is too late to amend an antitrust lawsuit alleging the spread of false information, saying a Tenth Circuit appeal prevented the competitor from updating its claims sooner.
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April 04, 2024
Wash. AG Defends Authority To Block Kroger-Albertsons Deal
The Washington Attorney General's Office has told a state court that a local consumer protection law allows it to bring actions challenging anti-competitive mergers and urged the court to reject contentions from Kroger and Albertsons that the state lacks authority to block a nationwide deal.
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April 04, 2024
NYC Sues 11 Vape Shops Over Sales Of Flavored E-Cigarettes
The city of New York on Thursday sued 11 e-cigarette wholesalers, saying they're in violation of both city and federal regulations by selling disposable, flavored vapes, which the city said are responsible for a boom of youth vape use.
Expert Analysis
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7 Enforcement Predictions For US Export Controls, Sanctions
Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.
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3 Types Of Evidence Excluded Pretrial In 2023 TM Cases
Dylan I. Scher at Quinn Emanuel reviews three areas of rulings on motions in limine from 2023 where parties successfully excluded evidence in a trademark dispute, for legal practitioners to consider for future cases.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Rockport Ch. 11 Highlights Global Settlement Considerations
A Delaware bankruptcy court’s recent rejection of Rockport’s proposed settlement serves as a reminder that there is a risk that a global settlement executed outside of a plan may be rejected as a sub rosa plan, but shouldn’t dissuade parties from seeking relief when applicable case law supports approval, says Kyle Arendsen at Squire Patton.
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7 Critical Copyright And AI Questions Courts Need To Address
U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.
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Why E-Commerce Tools Are Under Fire Amid Privacy Lawsuits
As lawsuits try to shoehorn new technologies into decades-old privacy laws never intended for the digital age, e-commerce tools and the companies that use them are increasingly at risk, and retailers should act now to minimize their potential exposure, say attorneys at Benesch.
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Alcohol's E-Commerce Spike Brings Regulatory Dilemmas
In the evolving landscape of beverage alcohol e-commerce, the clash between supplier marketing and tied-house laws poses challenges, with regulators grappling to keep pace with the digital marketplace, leaving the industry in a gray area, says Jaci Flug at Greenspoon Marder.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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'Manufacturing' Amid Mass. Adoption Of Single-Sales Factor
Massachusetts’ recent adoption of single-sales-factor apportionment will benefit companies that have a greater in-state physical presence, reinforce the importance of understanding market-sourcing rules, and reduce the manufacturing classification's importance to tax apportionment, though the classification continues to be significant to other aspects of taxation, say attorneys at McDermott.
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Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping
The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.