Retail & E-Commerce

  • December 07, 2021

    Amazon, Cashmere Group Sew Up IP Suit On Eve Of Trial

    A fast-tracked trial was averted late Monday on a cashmere industry group's claims that Amazon.com Inc. sellers are flooding the market with counterfeits of the luxury textile, as the e-commerce giant agreed to work together with the group to stop sales of the knockoffs.

  • December 06, 2021

    Alphabet Investors Sue Over 'Billions' In Antitrust Liability

    Alphabet Inc. investors hit the Google parent's board with a pair of derivative suits alleging in California federal court that executive mismanagement has led to "multi-billion-dollar antitrust liability" and the outlay of tens of millions of dollars on investigations and civil actions related to Google's alleged anti-competitive practices.

  • December 06, 2021

    Warby Parker Wants 1-800 Contacts' 'Thin' Search Suit Nixed

    Warby Parker asked a New York federal judge to toss 1-800 Contacts Inc.'s suit accusing the eyewear upstart of infringing trademarks by buying search engine keywords like "1-800 Contacts," arguing there's little chance consumers mistook its website for the contact giant.

  • December 06, 2021

    Whole Foods Escapes False Ad Suit Over Sugar In Oatmeal

    A New York federal judge tossed a proposed class action claiming that labels on Whole Foods Market's instant oatmeal misled consumers into thinking the product was sugar-free or low in sugar, finding it was "hard to miss" that the boxes say they contain approximately 11 grams of the common sweetener.

  • December 06, 2021

    Kid's Clothing Co. Sues Cannabis Cos. For TM Infringement

    Children's clothing company Garanimals sued two California cannabis companies Friday, alleging that they have infringed the Garanimals trademark by using it and the company name to sell cannabis products.

  • December 06, 2021

    Supreme Court Won't Try On Ugg Boots TM Fight

    The U.S. Supreme Court declined Monday to wade into a trademark battle between the maker of Ugg boots, California-based Deckers Outdoor Corp., and an Australian apparel company that owes $450,000 after its argument that "ugg" was a generic term from its home country was rejected.

  • December 06, 2021

    Insurer Rejects Car Dealer's Coverage Bid For Worker's Killing

    A California federal court must toss a car dealer's counterclaim demanding that Employers Assurance Co. cover a settlement of a suit over an employee's shooting death, Employers said, citing policy exclusions and the fact that the dealer was never formally served in the underlying case.

  • December 06, 2021

    9th Circ. Snuffs VW Sales Reps' Bid To Save Lost-Income Suit

    The Ninth Circuit on Monday snuffed proposed class claims from California salespeople at independent franchised dealerships seeking to hold Volkswagen liable for lost commissions purportedly stemming from the 2015 emissions-cheating scandal, saying Volkswagen is not a joint employer.

  • December 06, 2021

    Goodwin-Led YipitData Raises Up To $475M In Series E

    Goodwin-led market research firm YipitData said Monday it's raising up to $475 million in a Series E funding round led by Alston & Bird-guided Carlyle.

  • December 06, 2021

    Pot Exec Can't Duck IP Suit Over Unapproved 'Borat' Billboard

    The president of a Massachusetts cannabis cultivation and retail business must face a federal lawsuit brought after it allegedly plastered "Borat" actor Sacha Baron Cohen's face and a version of his copyrighted character's catchphrase on a billboard next to an interstate highway without permission, a judge ruled Monday.

  • December 06, 2021

    High Court Won't Hear COVID Insurance Physical Loss Fight

    The Supreme Court on Monday declined to consider whether the Fourth Circuit abused its discretion by refusing to send a Maryland auto auction company's pandemic coverage questions to the state's top court.

  • December 03, 2021

    Walgreens Medicaid FCA Suit Tossed Over Federal Law Clash

    A Virginia federal judge has tossed a False Claims Act suit alleging Walgreens falsely certified beneficiaries' compliance with the Virginia Medicaid program's preauthorization requirements for hepatitis C drugs, saying federal law barred cost-based controls for medically necessary drugs.

  • December 03, 2021

    Albright Denies Atty Fees For $13M Winner In Payment IP Trial

    CloudofChange LLC isn't entitled to attorney fees after winning a $13.2 million jury verdict against NCR Corp. for infringement of payment processing patents, U.S. District Judge Alan Albright has ruled.

  • December 03, 2021

    Motley Rice Atty To Lead PlayStation Antitrust Class

    A California federal judge appointed Michael M. Buchman of Motley Rice LLC as interim lead counsel for a consolidated antitrust class action against Sony over PlayStation digital downloads.

  • December 03, 2021

    Apple Claims Of Epic's Control 'Simply Untrue,' 9th Circ. Told

    App developers seeking to weigh in on Epic Games' Ninth Circuit bid to stop Apple's ban on steering users to alternative payment methods blasted Apple for asserting that the coalition of developers is controlled by the video game company and should not be allowed to file an amicus brief.

  • December 03, 2021

    3rd Circ. Opens Door To Reviving Zillow Antitrust Claims

    The Third Circuit on Friday said a New Jersey federal judge was right to toss a company's antitrust claims that Zillow gave certain properties a competitive edge by not prominently displaying their market value estimates near the asking prices, but concluded that the business should have been given another chance to pursue its case.

  • December 03, 2021

    Lightspeed's Statements Were Light On Facts, Investors Say

    A proposed class of shareholders is alleging Lightspeed Commerce overstated its customer metrics and financial outlook starting before it went public, claiming in New York federal court Friday that the company's stock price plunged after a short-selling firm revealed alleged misconduct.

  • December 03, 2021

    2 Firms Guide Schwazze's Latest Financing And Pot Co. Buys

    Cannabis company Schwazze announced Friday that it plans to sell $95 million in convertible notes to institutional investors, and to acquire New Mexico-based assets and equity that will make the Colorado-based company a multistate operator.

  • December 03, 2021

    Bass Pro, Sportsman's Warehouse Ax Deal After FTC Threat

    The owner of Bass Pro Shops has dropped its plan to purchase Sportsman's Warehouse in a deal valuing the outdoor specialty retailer at around $785 million after enforcers at the Federal Trade Commission suggested they'd challenge the move.

  • December 03, 2021

    Texas Ruling In $1.2M Gold Coin Theft Suit Boosts Insurer

    A gold coin dealer lost more than $1.2 million because it accepted fraudulent checks in exchange for a set of coins, the Texas Supreme Court said Friday, in a ruling that could help the dealer's Lloyd's insurer avoid covering almost all the loss.

  • December 03, 2021

    GBG USA Moving Toward Ch. 11 Plan Following Diddy Sale

    A bankrupt subsidiary of clothing brand owner Global Brands Group told a New York judge Friday that it plans to get court approval for a sale of Sean "Diddy" Combs' former clothing line on Dec. 22, which will allow it to finalize a Chapter 11 plan of liquidation.

  • December 03, 2021

    Feds Say Ex-EBay Brass Can't Sink Witness-Tampering Claim

    Prosecutors said that two former higher-ups at eBay must face witness-tampering charges over statements they made to local police before being charged with a cyberstalking scheme aimed at two Massachusetts bloggers, arguing the false statements in themselves directly interfered with the eventual probe.

  • December 03, 2021

    CVS, Target, Walmart Must Face 'Flushable' Wipes Suit

    A South Carolina federal judge denied a request from Costco, CVS, Target and others to dismiss a lawsuit brought against them by the city of Charleston's water treatment system, which claims that their "flushable" wipes clog up sewer systems despite their advertising.

  • December 03, 2021

    Lighting Co. Investors Seek $15.7M Deal In Stock-Drop Suit

    A certified class of investors in a lighting business has asked for initial approval of a $15.7 million settlement to end its allegations that Acuity Brands Inc. and its top brass artificially inflated stock prices by hiding poor business performance.

  • December 03, 2021

    Class Attys Get $540K In Dollar General False Ad Suit

    A Florida federal judge granted class counsel $545,000 in attorney fees as part of his final approval of a settlement in a false advertising suit against Dollar General Corp., coming in below the attorneys' request but at the high end of what he deemed the appropriate range.

Expert Analysis

  • When And How To Depose Fact Witnesses Remotely In 2022

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    Tim Tryniecki and Thomas Mudd at MG+M offer a series of practice tips for successfully conducting remote depositions of often-inexperienced fact witnesses, as the virtual court proceedings sparked by COVID-19 look set to become a part of the legal landscape next year.

  • Series

    Embracing ESG: PayPal CLO Talks Gauging Impact And Intent

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    For legal teams, the corporate evolution toward more intentional post-COVID-19 environmental, social and governance strategies means deeper integration across business functions, seeking counsel on emerging issues affecting stakeholders, adapting initiatives around changing policies and regulations, and advancing ESG reports to better measure impact, says Louise Pentland at PayPal.

  • Rebuttal

    Don't 'Fix' Misrepresentation Class Claim Pleading Standards

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    A recent Law360 guest article's proposal for a new federal pleading standard for class actions involving alleged misrepresentations is a solution in search of a problem, and would create an unnecessary barrier to average people's ability to seek redress in court, says Nicholas Coulson at Liddle Sheets.

  • Avoiding Audit Disaster After Receiving A Disaster Grant  

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    Erin Greten and Thomas Barnard at Baker Donelson offer tips to help entities that received COVID-19-related federal assistance navigate complex audit processes, stay in compliance with spending requirements, and avoid civil liability or criminal prosecution.

  • Ohio Opioid Verdict Brings Focus To Role Of Pharmacists

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    The recent federal Ohio jury verdict in National Prescription Opiate Litigation found pharmacies liable for contributing to the public nuisance of the opioid epidemic, advancing the question of when pharmacists owe a duty to warn or refuse to fill a prescription, says Roseann Termini at Widener University's Delaware Law School.

  • 5 Considerations For Obtaining Design Patents In US, Abroad

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    With recent World Intellectual Property Organization data indicating a worldwide increase in design patent filings, companies should bear in mind several tips for obtaining and benefiting from design patent protection in the U.S. and abroad, including pointers on key differences among jurisdictions, say Elizabeth Ferrill and Jeffrey Smyth at Finnegan.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Ad Rulings Offer Tips For Cos. To Avoid 'Greenwashing'

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    BBB National Programs' Laura Brett, who oversees the National Advertising Division, reviews recent NAD decisions that address green claims in advertising and that provide useful guidance for businesses seeking to avoid overstating the environmental benefits of their products and services.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • COVID Insurance Cases Highlight Federal-State Court Tension

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    COVID-19 insurance coverage litigation has resulted in an unprecedented number of federal courts preemptively ruling on an area of law in which state courts have final say — a problematic trend with likely undesirable results for litigants unless federal courts consider certain proactive solutions, says John Koch at Flaster Greenberg.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Infrastructure Act Measures Could Affect Holiday Shipping

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    While some measures in the Infrastructure Investment and Jobs Act will take time to have an impact on shipping, other aspects of the law have the potential to help ease supply chain snarls quickly enough to expedite the movement of goods for the holiday shopping season, say Samuel Basch and Joseph Goldberg at Cole Scott.

  • What Return Of Fraud On USPTO Means For TM Practitioners

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    In Chutter v. Great Management, the Trademark Trial and Appeal Board held for the first time that reckless disregard for the truth in declarations constitutes fraud on the U.S. Patent and Trademark Office, alerting practitioners that their inattention could result in cancellation of clients' trademarks, says Laura Winston at Offit Kurman.

  • Opinion

    To Vax Or Not To Vax Is Not A Constitutional Question

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    Opponents of COVID-19 vaccine mandates, including several states' governors, mistakenly insist that such requirements offend their constitutional rights, but a careful review of U.S. Supreme Court jurisprudence on the subject shows no grounding for their position, say Daniel Karon at Karon LLC and Giliann Karon at Accountable Tech.

  • Mitigating Inflation's Impact On Commercial Contracts

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    As accelerating inflation threatens to turn many commercial contracts unprofitable for sellers, lessors and lenders, prospects of court relief are slim, but certain contract clauses and revisions can help, says Jonathan Hugg at Schnader Harrison.

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