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Retail & E-Commerce
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April 08, 2024
3 Firms To Lead Weber Investor Suit Over $3.7B PE Buyout
Prickett Jones & Elliot, Grant & Eisenhofer PA, and Kessler Topaz Meltzer & Check will together represent a proposed class of investors in grill maker Weber Inc. in consolidated litigation in Delaware's Court of Chancery over a $3.7 billion squeeze-out by private equity firm BDT Capital Partners LLC, Chancellor Kathaleen St. Jude McCormick decided on Monday in what she described as a "close call."
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April 08, 2024
Fed. Circ. Won't Touch ITC's Sonos Ruling
Neither Google nor its legal foe at speaker brand Sonos was able to persuade the Federal Circuit on Monday to change a mixed holding from the U.S. International Trade Commission that allowed some redesigned Google Home products to stay on the market.
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April 08, 2024
9th Circ. Urged To Revive J&J, Bausch Talc False Ad Suit
An attorney for a proposed class alleging they were misled by Johnson & Johnson and Bausch Health about their talc products' safety urged a Ninth Circuit panel on Monday to revive the suit, saying a lower court erred in finding his clients needed to point to specific advertisements that misled them.
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April 08, 2024
Mich. Judge Not Persuaded Wineries' Agritourism Is Speech
A Michigan federal judge has found a local ban on wineries hosting weddings is not a commercial speech restriction despite the advertising potential of such events, again trimming a contentious zoning dispute ahead of trial.
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April 08, 2024
Consumers Fight Amazon's E-Book Appeal Ask
Amazon shouldn't get to go to the Second Circuit after a federal judge refused to toss a proposed class action accusing the e-commerce giant of monopolizing the e-book market, according to consumers who have urged that judge not to seek another opinion on whether they lack standing.
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April 08, 2024
Pepperidge Farm Distributor Can Keep Delivering Cookies
Pepperidge Farms will have to keep using a distributor that is suing the cookie company for showing up with six moving vans on a Friday night to seize its inventory, after the California federal judge who handed down the preliminary injunction accused Pepperidge Farms of trying to "hijack" the distributorship.
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April 08, 2024
Czech Firm Says Its Vista Deal Offers Benefits Over Rival Bid
Czechoslovak Group A.S. on Monday reaffirmed its commitment to its planned $1.9 billion acquisition of Vista Outdoor's sporting products business, which is also being pursued by rival bidder MNC Capital, noting that it has fully committed financing and has already received antitrust clearance from the Federal Trade Commission.
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April 08, 2024
Ex-USPS Worker Can Proceed With Disability Suit
An Illinois federal judge refused to toss an ex-worker's lawsuit against the U.S. Postal Service, saying she had enough evidence to get her claim that she was denied overtime because of a wrist injury before a jury, but failed to show that age discrimination was at play.
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April 08, 2024
Feds Say Cannabis Cos. Can't Challenge CSA Pot Ban
The U.S. government is urging a Massachusetts federal court to throw out a suit by several cannabis companies alleging the ban on cannabis under the Controlled Substances Act is unconstitutional, saying they don't have standing to sue because their activities aren't being prosecuted.
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April 08, 2024
Tesla Owner Claims Company's Warranty Misled Customers
A California Tesla owner claims the electric vehicle company falsely advertised a battery warranty and refused to replace a fuse on his car without charge, a repair that should have been covered by the agreement, according to a proposed class action filed in California federal court.
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April 08, 2024
Starbucks Drops TM Suit After Fake Websites Go Dark
Starbucks has agreed to drop a trademark lawsuit claiming a pair of websites ripped off its "twin-tailed siren" logo and other brand material to sell fake franchise deals, saying in a recent Washington federal court filing that the allegedly unauthorized activity has stopped.
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April 08, 2024
Hormel Settling Pork Price-Fixing Claims For Over $11M
Three plaintiff classes in the ongoing pork price-fixing litigation against Hormel Foods have reached preliminary settlements worth over $11 million with the company and are now asking the Minnesota federal judge overseeing the case to grant them initial approval.
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April 08, 2024
Walmart-Backed Digital Marketer Ibotta Primes $450M IPO
Walmart-backed digital marketing platform Ibotta Inc. on Monday launched plans for an initial public offering led by Wilson Sonsini Goodrich & Rosati PC that could raise $450 million, hoping to tap a thawing IPO market for technology issuers.
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April 08, 2024
3 Firms Score $885K Fee In Synchrony Investor Deal
A Connecticut federal judge has approved $885,000 in fees and expenses for three law firms that won corporate governance changes at Synchrony Financial after investors sued the bank's leaders during an offshoot of a securities case that netted a $34 million judgment over consumer credit card practices.
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April 08, 2024
FTC Defends In-House Judges' Role In H&R Block Case
H&R Block wrongly claimed that the Federal Trade Commission's administrative law judges should be disqualified from overseeing an administrative proceeding accusing the tax preparation company of deceptive advertising, FTC lawyers told the agency, arguing the judges don't have illegal job protections.
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April 08, 2024
New Balance, Golden Goose Agree To End 'Dad Shoe' IP Row
New Balance and rival shoe brand Golden Goose have settled a trademark infringement dispute over a style of chunky "Dad" sneakers sold by the two companies, according to a court filing.
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April 08, 2024
99 Cents Only Files Ch. 11 With Plans To Close All Stores
Discount store 99 Cents Only and five affiliates filed for bankruptcy in Delaware on Monday, listing over $1 billion in debt, days after it announced plans to wind down operations and close its 371 stores in California, Texas, Arizona and Nevada.
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April 05, 2024
'Take The Win,' Judge Tells Texas In HHS Abortion Pill Suit
Texas' lawsuit challenging the Biden administration's guidance to require pharmacies to dispense abortion medication is moot following revised U.S. Department of Health and Human Services guidance clarifying that access to the drug isn't for abortion purposes, a federal judge ruled Friday, saying the state "should take the win."
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April 05, 2024
COVID App Takes Another Shot At Apple With Justices
App developers are again seeking U.S. Supreme Court intervention against the Ninth Circuit's refusal to revive antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, decrying "fundamental error" lower courts made misreading pleading requirements, proffered market definition and more.
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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.
Expert Analysis
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Fed. Circ. Patent Decisions In 2023: An Empirical Review
The Federal Circuit decided 306 patent cases last year, which is still well down from the pre-pandemic norm of around 440, and on the whole the court's decisions were markedly less patentee-friendly in 2023 than in 2022, says Dan Bagatell at Perkins Coie.
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What The Law Firm Of The Future Will Look Like
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.
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4 PR Pointers When Your Case Is In The News
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.
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Shopify Ruling May Support Personal-Jurisdiction Defenses
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.
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6 AI Cases And What They Mean For Copyright Law
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.
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Food And Beverage Policy Trends Cos. Should Track In 2024
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.
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Why Fed. Circ. Affirmed Attorney Fee Award In PersonalWeb
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.
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Sale-Leasebacks May Provide A Safe Financing Alternative
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.
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Compliance Refresher Amid DOL Child Labor Crackdown
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.
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5 Trends That Will Affect Food Litigation In 2024
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.
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The Space Law And Policy Outlook For 2024
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.
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Charting The Course For Digital Assets In 2024
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.
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Law Firm Strategies For Successfully Navigating 2024 Trends
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.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
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.
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5 Most Notable Class Action Standing Cases Of 2023
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.