Retail & E-Commerce

  • November 25, 2020

    Amazon Nears Win In EBay Fight Over Poaching Top Sellers

    An arbitration panel has awarded Amazon.com a win against eBay's claims the Seattle-based online retail giant and its managers orchestrated a massive campaign to poach top sellers from eBay's online trading platform, according to documents filed in California federal court.

  • November 25, 2020

    ​​​​​​Walmart Shoppers Strike $5M Deal In Return Policy Fight

    A Missouri federal judge on Wednesday gave his blessing to a proposed $5 million class settlement resolving Walmart shoppers' claims that the retail giant stiffed customers on full refunds when accepting returns.

  • November 25, 2020

    Feds Say NC Atty Used Fraudulent Funds For Plastic Surgery

    A North Carolina attorney has been charged with bank fraud after she and two others allegedly applied for loans and credit cards using Social Security numbers that were not theirs to pay for her plastic surgery and other expenses, according to federal prosecutors.

  • November 25, 2020

    SmileDirect Tries To Save Calif. Dental Board Suit At 9th Circ.

    SmileDirectClub has told the Ninth Circuit that a California federal court was wrong to find that what the company calls a harassment campaign by the state's dental board was instead a proper exercise of its regulatory authority.

  • November 25, 2020

    Real Estate Rumors: LibreMax, Mattos Family, Morgan Stanley

    LibreMax Capital is reportedly hoping to sell a $78.6 million New York loan it made earlier this year, the Mattos family has reportedly paid $20.45 million for a Florida retail property and Morgan Stanley is said to have provided $180 million in CMBS financing for a New York office property.

  • November 25, 2020

    Calif. Walgreens Workers Bag $4.5M Wage Deal

    Walgreens and a class of workers have received a California federal judge's approval for their $4.5 million settlement to resolve claims that the pharmacy chain broke Golden State labor law by not paying all wages to employees at its distribution centers.

  • November 25, 2020

    Mattress Co. Loses Bid For COVID-19 Shutdown Coverage

    An Illinois federal judge on Wednesday tossed out a mattress company's lawsuit seeking coverage for losses it incurred through statewide COVID-19 shutdown orders but said the company can have another bite at the apple and replead its case.

  • November 25, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Ahead of the long weekend, when Americans are most known for gathering and traveling, Thanksgiving-minded governors laid down more restrictions as COVID-19 cases continued surging over the past week.

  • November 25, 2020

    Suit Says 'Infant' Fever Drugs Are Same As 'Children' Drugs

    Parents who bought infant fever medication made by Prestige Consumer Healthcare Inc. are suing the company in California federal court, alleging in a proposed class action that the drugs are the same dosage and formula as the medication labeled for children, but at nearly double the price.

  • November 25, 2020

    4 Key Insurance Appeals To Watch In December

    Appeals courts will take on several important insurance coverage issues in 2020's final month, with the Delaware Supreme Court set to weigh whether an excess insurer must contribute to Dole's $222 million settlements of stockholder suits and Indiana's high court primed to consider whether a ransomware attack is covered by crime insurance. Here, Law360 breaks down four insurance appeals attorneys will be watching in December.

  • November 24, 2020

    Restaurant Group Can't Halt LA County Outdoor Dining Ban

    A California state judge on Tuesday rejected a restaurant industry group's emergency bid to stop an outdoor dining ban from taking effect in Los Angeles County, ruling that not enough evidence was presented to halt the impending shutdown.

  • November 24, 2020

    Don't Validate Price-Gouging Rules, Egg Co-Op Tells 6th Circ.

    United Egg Producers Inc. has urged the Sixth Circuit to ignore a bid by 30 attorneys general for a broad declaration that price gouging prohibitions are always a valid exercise of state policing powers, particularly during emergencies such as the ongoing COVID-19 pandemic.

  • November 24, 2020

    2nd Circ. Reverses 1-800-Flowers Investor's $4.9M Win

    The Second Circuit has overturned a decision in a derivative securities suit ordering a hedge fund with a stake in 1-800-Flowers to cough up the $4.9 million it earned buying and selling company stock, finding that questions remain over who controls the shares in the flower delivery retailer.

  • November 24, 2020

    10 Firms Steer Pot SPAC's $1.2B Deal With Jay-Z

    The biggest blank check company in cannabis on Tuesday created a marijuana powerhouse valued at nearly $1.2 billion and featuring rapper Jay-Z as its leading visionary, in a deal steered by 10 firms including Paul Hastings LLP, Cooley LLP and Reed Smith LLP.

  • November 24, 2020

    Debevoise Guides Russian E-Commerce Firm's Near-$1B IPO

    Russian e-commerce platform Ozon Holdings PLC went public Tuesday after raising nearly $1 billion in an upsized initial public offering, steered by Debevoise & Plimpton LLP and underwriters counsel Latham & Watkins LLP.

  • November 24, 2020

    Kroger Says Apron Symbol For Workers Isn't LGBTQ-Related

    Kroger Co. is urging a federal judge to toss a U.S. Equal Employment Opportunity Commission suit brought on behalf of two Christian workers who alleged the grocery chain put a symbol on their aprons in support of the LGBTQ community, saying the logo has nothing to do with sexual orientation.  

  • November 24, 2020

    MC5 Guitarist Shreds Old Spice Over Alleged Likeness Ripoff

    The lead guitarist of iconic Detroit rock band MC5 hit The Procter & Gamble Co. with a California federal court suit Tuesday alleging Old Spice used an image of his signature stars and stripes Fender on its "Guitar Solo" body wash without his permission.

  • November 24, 2020

    Amazon Teams Up With Feds To Keep Fake Goods Out Of US

    Amazon and the federal government are teaming up to investigate and seize counterfeit goods at U.S. ports of entry in a public-private partnership that comes just months after Congress and the Trump administration blasted the online retailer for not being tough enough on sellers of pirated goods.

  • November 24, 2020

    Texas Mall Accuses Simon Of Monopolizing Retailers

    A south Texas shopping center owner has requested a state court's help in preventing landlord Simon Property Group, which recently acquired J.C. Penney's operating assets, from using allegedly anti-competitive behavior to restrict retail locations and close the mall's J.C. Penney store.

  • November 24, 2020

    Amazon Workers Turn To 2nd Circ. In COVID-19 Safety Suit

    Workers at Amazon's Staten Island warehouse are taking their suit, which seeks to make the e-commerce giant increase COVID-19 protections, to the Second Circuit with their appeal of an order tossing the case, according to a Tuesday filing.

  • November 24, 2020

    SEC Proposes Easing Stock Sales Rules For 'Gig' Workers

    A divided U.S. Securities and Exchange Commission proposed rules on Tuesday easing how private companies can compensate workers through stock, including short-term "gig" workers who are not traditional employees and depend on equity absent a steady paycheck.

  • November 24, 2020

    Energy Drink Co. Denied Defense Of '5-Hour Energy' IP Suit

    A Pennsylvania federal judge ruled Monday that energy drink company Vitamin Energy LLC cannot force Evanston Insurance Co. to cover its costs in a trademark infringement and false advertising suit brought by the makers of 5-Hour Energy drink "shots," because the suit doesn't assert any potentially covered disparagement claims.

  • November 24, 2020

    Real Estate Rumors: Lennar, Goldman Properties, Greenberg

    Lennar has reportedly paid $29 million for 43.7 acres in Florida, Goldman Properties is said to have dropped $5.2 million on two Miami properties, and investor Scott Greenberg is reportedly hoping to build a Chicago arena where as many as 80 people could gather to play virtual reality games.

  • November 24, 2020

    TTAB Says Golf Clubs And Apparel Aren't Related

    The Trademark Trial and Appeal Board says apparel is not a closely related product to golf clubs, meaning a "Driven Golf" trademark can coexist with a similar "Driven" mark owned by golf powerhouse Ping.

  • November 24, 2020

    Manhattan Grocer Dean & DeLuca Gets Ch. 11 Plan Approval

    Upscale New York grocery chain Dean & DeLuca received approval Tuesday from a bankruptcy judge there for its Chapter 11 plan of reorganization arising from a global deal with its unsecured creditors and bank lenders.

Expert Analysis

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • 4th Circ. Ruling Shows Limits To ADA Accommodation Claims

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    The Fourth Circuit’s recent denial of an Americans with Disabilities Act claim in Elledge v. Lowe's instructs employers on how to analyze accommodation requests and illustrates when disabled employees may not be entitled to special priority for reassignment, says Phillip Kilgore at Ogletree.

  • NJ Cannabis Strides Highlight Nearby States' Need To Legalize

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    As New Jersey's ballot measure approving adult-use cannabis gives the state a strong head start in the race to legalization, neighboring states Pennsylvania, New York and Connecticut need to move quickly to follow suit or risk losing out on significant cannabis tax revenue, say attorneys at Saul Ewing.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • NY Auto-Renewal Law Raises Compliance, Litigation Concerns

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    A new law in New York that requires businesses to obtain consumer consent for automatic contract renewals could warrant extensive revisions to existing terms and conditions, and courts could eventually create a private right of action if they follow California’s trend of permitting individuals to sue under separate statutes, say attorneys at Faegre Drinker.

  • Mitigating Supply Chain Risks Related To Uighur Forced Labor

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    In light of recent U.S. actions concerning China’s purported forced labor of Uighurs — an ethnic minority long targeted by the Chinese government — companies should conduct human rights due diligence, implement grievance mechanisms to capture abuses in their supply chains, and review supplier contracts, says Betsy Popken at Orrick.

  • 6 Best Practices For Banks Serving The Marijuana Industry

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    As more states legalize marijuana, financial institutions with marijuana-related business customers should implement robust and nuanced compliance programs, and those that do not want to serve the industry should have policies in place for determining whether existing customers are engaged in marijuana-related activities, say attorneys at Venable.

  • What To Expect From DOJ Enforcement Under Biden

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    Companies shouldn't fear a rapid uptick in overall corporate enforcement actions by the U.S. Department of Justice under a new Democratic administration, but should anticipate a shift in focus away from immigration cases toward COVID-19-related fraud and civil rights reform, say Sandra Moser and Kenneth Polite at Morgan Lewis.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Rebuttal

    Courts Are Not Confused About Opioid Insurance Suits

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    Although a recent Law360 guest article claimed that confusion has seeped into decisions concerning insurance coverage for opioid lawsuits, courts have addressed the issue clearly and consistently in holding that commercial general liability policies cover the defense of such cases, say attorneys at Miller Friel.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • Valuation Uncertainty Could Prompt Increased Litigation

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    The COVID-19 pandemic has increased volatility around forward-looking cash flows and discount rates, which may lead to more business valuation disputes, particularly in the M&A and bankruptcy litigation contexts, say analysts at Cornerstone Research.

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