Retail & E-Commerce

  • December 02, 2022

    Amazon Workers Drop Newly Revived COVID Safety Suit

    Amazon workers in Staten Island voluntarily dropped claims Friday that the e-commerce giant's COVID-19 safety protocols violated state law, less than two months after the Second Circuit reversed their suit's dismissal.

  • December 02, 2022

    Google Takes $4B Android Fine Appeal To EU Top Court

    Google is appealing a European court's decision to uphold a record-breaking antitrust fine over claims the company imposed contractual restrictions on phone manufacturers that rely on its Android mobile phone operating system to cement its dominance over general internet searches.

  • December 02, 2022

    Brand Battles: Meta Aims To Clear Path For 'Metaview' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Facebook parent Meta Platforms Inc. is trying to cancel a trademark registration on the term "Metaview," a trademark it's also trying to secure rights for — plus three other cases you need to know.

  • December 02, 2022

    Target, Starbucks Sold Recalled Food With Bacteria, Suit Says

    Target, Starbucks and a food producer behind Oatly and Glucerna were hit with a proposed class action on Thursday in Indiana over their alleged failures to disclose that some products used in supplements and coffee contained or were at the risk of containing a deadly bacterium recently mentioned in a recall.

  • December 02, 2022

    CVS, Walgreens Take Aim At $650M Opioid Verdict

    Pharmacy giants CVS, Walgreens and Walmart have fought back against a $650 million judgment in litigation over their role in the opioid crisis, arguing in a Thursday appellate brief that the "unprecedented" award wrongly holds the pharmacies responsible for the opioid crisis "writ large."

  • December 02, 2022

    RFA Faces Suit In Montana Over Exploding Charger

    A Montana federal judge ruled that RFA Brands must face a suit brought by a resident who bought a recalled USB power bank charger that almost burned his house down, finding that the company had sufficient business contacts in the state to be sued there.

  • December 02, 2022

    Investor Serves Up Securities Suit Over Poshmark-Naver Deal

    Online clothing retailer Poshmark was hit with a securities lawsuit Friday in New York federal court over its proposed $1.2 billion merger with South Korean online retailer Naver Corp. for allegedly filing a "materially incomplete and misleading" proxy statement that failed to fully inform stockholders about what they'd be voting on.

  • December 02, 2022

    Walmart's $35M Calif. Wage Statement Deal Nears Finish Line

    A California federal judge said Friday that he'll grant final approval to Walmart's $35 million deal to resolve class claims that the retail giant gave inaccurate wage statements to about 265,000 workers, a settlement that will pay class attorneys $11.6 million in fees.

  • December 02, 2022

    Guns N' Roses Wants Firearm Store's TM Slashed

    Hard rock band Guns N' Roses is suing a Houston-based firearms and gun accessory store over its alleged unauthorized use of the "Guns and Roses" trademark, saying it does not want to be associated with a weapons retailer that emphasizes potentially "polarizing" political views to consumers.

  • December 02, 2022

    Real Estate Rumors: Quarters, BankUnited, Ben Silverman

    Quarters is reportedly hoping to sell a Brooklyn co-living property for $65 million, BankUnited is said to have loaned $26.85 million for a New York apartment building, and Ben Silverman is said to have sold a Los Angeles mansion for $29.5 million.

  • December 02, 2022

    Interest Rates Doom Lender, Crypto Winter Persists

    Rising interest rates forced a reverse mortgage lender into Chapter 11, cryptocurrency platform BlockFi succumbed to the downfall of exchange FTX Trading, and FTX itself faced calls for an examination of its collapse. This is the week in bankruptcy.

  • December 02, 2022

    Pierre Fabre Accused Of Selling Cancerous Dry Shampoo

    A proposed class of dry shampoo buyers are suing Pierre Fabre USA Inc. in Illinois federal court, alleging that its Klorane brand of products contains benzene, a chemical that can cause cancer in humans.

  • December 02, 2022

    Atty Avoids Sanctions For Tossed Time Records In Client Row

    A Georgia attorney and his firm once again avoided sanctions in a dispute with a client over $600,000 in unpaid fees, after having thrown out his scrap notes detailing the nearly 2,000 hours he allegedly spent representing the client, a Georgia business court ruled.

  • December 02, 2022

    Edible Arrangements Drops 'Incredibles' TM Dispute For Now

    Edible Arrangements has signaled its intent to drop its Illinois federal trademark dispute against a competitor marketing edible weed products under the brand name "Incredibles," saying the landscape of the cannabis industry is shifting too quickly to litigate the case.

  • December 02, 2022

    Louvre Museum Says Digital Mall Simulation Rips Off TM

    The famed Louvre Museum has slapped an entertainment provider with a trademark suit in Illinois federal court over an immersive digital recreation of the Paris institution, saying it never gave permission for its image and likeness to be used.

  • December 02, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Credit Suisse sue collapsed bank Greensill, a breach of contract claim from five former club managers kick off against Watford Football Club, and the Financial Services Compensation Scheme bring legal action against AXA. Here, Law360 looks at these and other new claims in the U.K.

  • December 02, 2022

    Nev. Names Winners Of First 20 Cannabis Lounge Licenses

    Nevada has awarded on a prospective basis the state's first 20 licenses for "independent" cannabis lounges that will allow people to consume the drug on-site, using a random number generator to determine the winning licensees.

  • December 02, 2022

    Jay-Z Can't Halt Arbitration Over Bacardi Venture, Judge Says

    A New York judge declined Friday to block arbitration over JPMorgan Chase & Co.'s appraisal of a joint cognac venture between Shawn "Jay-Z" Carter and Bacardi Ltd., rejecting arguments from the rap icon's lawyer that a "completely biased" arbitral panel lacks jurisdiction over the dispute.

  • December 02, 2022

    Service Members See Suit Trimmed In Bias Row With Amazon

    A Washington federal judge tossed out several claims that former Amazon employees brought against the company saying it discriminates against service members by firing those who take time off for military leave, ruling that many of the workers' claims "lack clarity."

  • December 02, 2022

    Yale Lock Owner Sells Units To Clear $4.3B US Hardware Deal

    Swedish locks giant Assa Abloy said on Friday that it will sell some of its businesses to a security company for $800 million in response to opposition from the U.S. Department of Justice over its planned $4.3 billion deal to buy divisions of a home products firm.

  • December 01, 2022

    DC, Calif., Ill. AGs Try Again To Block Albertsons' $4B Payout

    The District of Columbia, California and Illinois again asked a D.C. federal judge to block Albertsons' planned $4 billion shareholder payout, arguing Thursday that while their temporary restraining order was rejected, they're entitled to a preliminary injunction because further investigation shows the dividend will harm Albertsons.

  • December 01, 2022

    9th Circ. Revives Crypto Users' Suit Over Shopify Data Breach

    The Ninth Circuit has resurrected a proposed class action that cryptocurrency users brought against Canadian e-commerce giant Shopify and French cryptowallet maker Ledger over a 2020 data breach, overturning a California federal court's conclusion that it completely lacked jurisdiction over the defendants. 

  • December 01, 2022

    Top Opioid Target Kroger Inks $85M Deal, With $25M For Attys

    Supermarket giant Kroger is paying $85 million, including $25 million for plaintiff lawyers, to end opioid crisis lawsuits in New Mexico, according to settlement papers released Thursday, a relatively sizable sum that underscores the company's new status as a top target in nationwide opioid litigation. 

  • December 01, 2022

    Hotels' ADA Fight Seen As Ripe For Supreme Court Review

    Lawyers from opposing sides of a federal court battle over accommodations for disabled people offered by hotels recently spoke to Law360 about what's at stake in the fight, agreeing that a circuit court split shows the issue is ready for a U.S. Supreme Court review.

  • December 01, 2022

    DirecTV Streamers Join Tying Fight With Disney Over ESPN

    Walt Disney Corp. has been hit with a proposed antitrust class action in California federal court accusing the company of a scheme to hike streaming live pay television prices through a series of agreements with competitors that required them to carry its ESPN channel on their platforms.

Expert Analysis

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • Building Better Brand Deal Agreements For Influencers

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    Attorneys can help independent content creators and social media influencers who are offered corporate marketing partnerships negotiate better terms and avoid unexpected liability by knowing common pitfalls in brand deal agreements, says Julian Sarafian at For Creators by Creators.

  • Could State Ownership Solve US Cannabis Policy Issues?

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    Provincial cannabis wholesalers in Canada are enjoying huge profits, begging the question of whether a government-owned cannabis model could eventually be replicated in the U.S. to tackle issues ranging from social equity to overproduction — but this would undoubtedly introduce other complex challenges, says Hilary Bricken at Harris Bricken.

  • A Promising Structure For Multiunit Franchise Acquisitions

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    For investors looking to capitalize on the continued strength of franchise businesses, one potential acquisition structure based around an operating company and a property company may allow for efficient and flexible operations, say attorneys at Allen Matkins.

  • The Fed. Circ. In November: The Presumption Of TM Validity

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    The Federal Circuit's recent decision confirming the strength of the presumption of validity of federal trademark registrations in SoClean v. Sunset Healthcare makes clear that the presumption applies with full force, even if the examiner allowed a trademark to issue in error, says Paul Stewart at Knobbe Martens.

  • Opinion

    Time For USPTO To End Marijuana Company TM Disclaimers

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    With federal legalization of marijuana on the horizon, the U.S. Patent and Trademark Office can protect consumers by ending its unnecessary requirement that companies disclaim trademark registration for their cannabis goods when they seek to establish brand protection for other products, say Sam Kamin and Viva Moffat at the University of Denver.

  • 5 Swiftie-Spurred Antitrust Claims Ticketmaster Could Expect

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    After Ticketmaster was unable to handle unprecedented demand for Taylor Swift tickets earlier this month, the ticketing service provider and its parent company could face new antitrust claims under five potential theories that may consequently break up their merger, say attorneys at Perkins Coie.

  • Property Policies Could Cover Organized Retail Crime Losses

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    Following a recent surge in organized retail crime, policyholders can look to case law that suggests they may be able to skirt property policy loss exclusions if they can produce evidence of theft, says Micah Skidmore at Haynes Boone.

  • DOJ Publishing Win May Mean More Labor, Salary Challenges

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    The termination of Penguin's planned $2.2 billion acquisition of Simon & Schuster may embolden a victorious U.S. Justice Department and Federal Trade Commission to challenge more transactions based on the impact on labor and salaries rather than the impact on consumer prices, say attorneys at McDermott.

  • Trademark Management In The Current Customs Environment

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    As U.S. Customs and Border Protection targets trademark infringement, rights holders and importers can utilize several practices to protect their IP and avoid unwanted scrutiny, and CBP registration of both trademarks and trade names is important, say Robert Kossick and Frederic Rocafort at Harris Bricken.

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • Tale Of 2 Mergers: The DOJ Antitrust Division's Mixed Results

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    Attorneys at V&E look at the U.S. Department of Justice Antitrust Division's recent successful challenge to Penguin Random House’s purchase of Simon & Schuster, and its unsuccessful challenge to U.S. Sugar’s acquisition of Imperial Sugar — exploring the market realities, the strength of witness testimony and the affected stakeholders in each case.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

  • An 11th-Hour Obstacle For Retail Cannabis Licensing In NY

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    New York's plans to begin retail sales of adult-use recreational cannabis by the end of the year have been at least partially delayed by a federal lawsuit challenging the state's Conditional Adult Use Retail Dispensary program and potentially creating even broader problems for the state's Cannabis Law, say attorneys at Hodgson Russ.

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