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Retail & E-Commerce
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April 01, 2024
Reduced Dolphin Threat Revives US-New Zealand Fish Trade
New Zealand's fisheries can begin shipping seafood to the U.S. again, after the U.S. Court of International Trade accepted a finding on Monday that the New Zealand government had taken steps to protect the endangered Maui dolphin from harmful fishing techniques.
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April 01, 2024
Amazon's Disability Inclusion Efforts A Sham, Suit Says
Amazon's stated commitments to disability inclusion are a sham, a California worker with cerebral palsy claimed in a proposed class action, saying the company gave him a warehouse gig despite his many warnings that he couldn't meet the job's physical demands.
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March 29, 2024
Petition Watch: Off-Label Ads, Retiree Discrimination & PPE
A Utah attorney has asked the U.S. Supreme Court to determine whether allegedly retaliatory IRS summonses can be quashed, and two former pharmaceutical executives are challenging the constitutionality of their convictions for marketing the off-label use of a drug. Here, Law360 looks at recently filed petitions that you might've missed.
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March 29, 2024
Strange But True: Product Liability Stories For April Fools'
Severed digits and fried rodents in food, e-cigarettes shaped like liquor bottles and claims that the advertising for Reese's peanut butter candies dashes consumers' expectations made Law360's list of strange cases for April Fool's.
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March 29, 2024
NRA Wins Block On New ATF Pistol Classification Rule
A Texas federal judge handed the National Rifle Association of America a win in its lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives over a new rule that classifies pistols modified with braces as rifles, issuing an order Friday that bars the agency from enforcing the rule on NRA members.
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March 29, 2024
Home Depot Asks High Court To Block $2.67B BCBS Deal
Home Depot has asked the U.S. Supreme Court to take up its challenge of a $2.67 billion settlement in antitrust litigation targeting Blue Cross Blue Shield, saying the deal immunizes activity that hurts competition.
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March 29, 2024
Dem Cites 'Secret' Report Against Ticketmaster 'Rebates'
A major congressional critic of Live Nation Entertainment Inc. and Ticketmaster highlighted an expert report from a long-running lawsuit as further proof of the ticketing juggernauts' "rampant, corrupt and abusive practices," although assertions that the report was secret and only newly unearthed may be overblown.
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March 29, 2024
'Antiquated' Doctrine Can't Cut Burford Unit From Turkey Suit
An Illinois federal judge has refused to block a Burford Capital investment unit from pursuing price-fixing allegations in a consolidated case against major turkey producers, saying federal law largely no longer recognizes the "antiquated" doctrine the producers cited to invalidate the claim.
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March 29, 2024
Trojan Battery Co. Gets $2.6M Win In TM Row
A Texas federal judge has sided with Trojan Battery Co. in its trademark infringement and unfair competition case against Trojan EV LLC and Golf Carts of Cypress LLC, ordering a permanent injunction and an award of millions of dollars.
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March 29, 2024
Attys Dodge Sanctions Over Microsoft Word Error, Judge Rules
An error in an attorney's Microsoft Word settings made sanctions against two firms for filing oversized briefs while representing High 5 Games in a consumer protection class action unnecessary, a Washington federal judge ruled Thursday.
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March 29, 2024
Lowe's Lies 'Destroyed' Vendor's Business, NC Suit Says
A home accents company alleged that Lowe's sought to "destroy" it with "bogus" complaints about product quality and the business' financial health, costing it tens of millions of dollars while usurping its business model.
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March 29, 2024
Klehr Harrison Exits Athlete-Poaching Claims, Citing Conflict
Klehr Harrison Harvey Branzburg LLP has ended its representation of sports memorabilia brokers ensnared in two sports agencies' battle in Pennsylvania federal court over a contract with former Detroit Lions wide receiver Kenny Golladay, citing concerns about an unspecified conflict of interest.
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March 29, 2024
Ferrosilicon Cos. Accuse Russia, 3 Others Of Unfair Trade
Two American ferrosilicon producers called for anti-dumping and countervailing duties on rival products from Russia and three other countries, which they said were underselling domestic ferrosilicon by unfair margins in the U.S. market.
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March 29, 2024
Lawmakers Call For Robinson-Patman Act Revival
A group of lawmakers is urging the Federal Trade Commission to reinvigorate enforcement of the Robinson-Patman Act, a Roosevelt-era wholesale pricing statute that fell out of use in the 1970s, to help small businesses and stem the power of dominant grocery chains.
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March 29, 2024
Don't Miss It: Davis Polk, Simpson Lead Month's Hot Deals
A lot can happen in the world of mergers and acquisitions over the course of a month, and it's difficult to keep up with all the deals. Here, Law360 recaps the ones you may have missed, including transactions managed by Davis Polk & Wardwell LLP and Simpson Thacher & Bartlett LLP.
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March 28, 2024
Judge Doubts NBA NFT Licensors Belong In Meta Privacy Suit
The developer of non-fungible token marketplace NBA Top Shot must face a proposed class action claiming it violated state and federal laws aimed at protecting video consumers, with the National Basketball Players Association and NBA Properties Inc., which handles the NBA's merchandising and licensing, escaping the suit for now.
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March 28, 2024
NY Garment Co. Appeals Valentino's Award In Copyright Feud
A garment manufacturer has asked a New York federal court to hold off on enforcing Valentino SpA's arbitral award for costs related to a copyright case, saying it is a small company and will be ruined if the Italian luxury brand collects its money while an appeal remains pending.
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March 28, 2024
Va. Gov., Critic Of Legal Pot, Vetoes Bill To Begin Sales
Glenn Youngkin, the Republican governor of Virginia, on Thursday vetoed a Legislature-approved bill that would have taxed and regulated the sale of adult-use cannabis, saying marijuana sales would pose a public health and safety risk to Virginians.
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March 28, 2024
NLRB Gets 1st Backing Of Starbucks Order In Circuit Court
A split D.C. Circuit panel on Thursday enforced a National Labor Relations Board order finding Starbucks violated federal labor law by barring a worker from passing out union pins, marking the first time a federal appeals court has weighed in on a board decision against the coffee giant.
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March 28, 2024
ITC Judge Recommends General Exclusion In Wallet IP Case
A U.S. International Trade Commission judge has found that a pair of Chinese companies flouted U.S. law by importing certain types of wallets, saying the imports should be banned.
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March 28, 2024
Judge Rejects Amazon's Bid To 'Backpedal' In BIPA Suit
A Delaware federal judge will allow more plaintiffs to join a proposed class action accusing Amazon of violating Illinois' Biometric Information Privacy Act by collecting their voice data during calls to a financial services provider without consent, overriding the tech giant's apparent attempt to backtrack on standing concerns by instead seeking summary judgment.
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March 28, 2024
Chancery Tosses Mixmax Derivative Suit
A stockholder who filed a derivative suit against two Mixmax Inc. directors without first notifying the company's board has failed to prove that a majority of the board was too compromised to respond to the shareholder's concerns, so the lawsuit must be dismissed, a Delaware Chancery Court judge ruled.
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March 28, 2024
Fitness Firm Wants TTAB To Ax Mountain Bike Co.'s TMs
Workout products company Rogue Fitness has urged an Ohio federal judge to make the U.S. Patent and Trademark Office cancel a mountain bike seller's registration for its "Rogue Ridge" mark, arguing the USPTO's internal appeals board wrongly refused to do so when the fitness company objected.
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March 28, 2024
Claims Trimmed In Trader Joe's Chocolate Heavy Metals Suit
A California judge has dismissed five out of nine claims in a consolidated complaint alleging that Trader Joe's Co. misled consumers by failing to disclose that its dark chocolate bars contain heavy metals, finding that the complaint doesn't do enough to allege that the amounts are actually dangerous.
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March 28, 2024
Adidas Defeats Hockey Fan's Red Wings Jersey Suit
A Michigan federal judge on Wednesday tossed a hockey fan's lawsuit alleging Adidas misled customers into thinking its retail Red Wings jerseys were identical to the in-game uniforms, saying the customer couldn't point to any such promise from the sportswear company.
Expert Analysis
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Forecasting The Impact Of High Court Debit Card Rule Case
John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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Opinion
FDA And Companies Must Move Quickly On Drug Recalls
When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.
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Crypto Has Democratized Trading In Bankruptcy Claims
Following the pandemic, there has been a wave of cryptocurrency bankruptcies and a related increase in access to information, allowing nontraditional bankruptcy investors to purchase claims and democratizing a once closed segment of alternative investing, says Joseph Sarachek at Strategic Liquidity.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Ohio Voters Legalize Cannabis — What Comes Next?
This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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'Trump Too Small' Args Show Justices Inclined To Reverse
The U.S. Supreme Court recently heard oral arguments in the "Trump Too Small" trademark case Vidal v. Elster — and the tenor of the justices' feedback makes it clear that the refusal to register a mark under the Lanham Act most likely does not violate free speech rights, as opposed to the Federal Circuit's decision last year, says Brian Brookey at Tucker Ellis.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
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.
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Sellers Seeking Best Deal Should Focus On Terms And Price
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.
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Series
ESG Around The World: South Korea
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.
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General Counsel Need Data Literacy To Keep Up With AI
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.
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Opinion
Civil Litigation Against Gun Businesses Can Reduce Violence
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.
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Retailers: Beware Legislator And Regulator Junk Fee Focus
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.