Retail & E-Commerce

  • February 28, 2024

    Subcontractor Seeks Sanctions In Amazon Warehouse Fight

    An electric subcontractor locked in a dispute with a construction company over delayed building of an Amazon warehouse in southern Georgia asked a Peach State federal court to penalize its opponent for "blatant discovery abuses" in the case.

  • February 28, 2024

    Scrubs Co. Must Arbitrate With Its Ex-Atty Over False Ad Loss

    A healthcare apparel company that lost its Lanham Act false advertising suit against a competitor in California federal court must pursue claims against its former lawyer in arbitration, while the company agreed to pursue claims against the lawyer's firm, Michelman & Robinson LLP, a Los Angeles judge ruled Wednesday. 

  • February 28, 2024

    Google Attys' 'Fake Privilege' Comments Cited In Search Suit

    The U.S. Justice Department and states accusing Google of monopolizing the online-search market have asked a D.C. federal judge to consider internal chats disclosed in Epic Games' antitrust lawsuit that revealed Google's lawyers discussing "fake privilege" — a practice of unnecessarily involving a lawyer to make an exchange confidential.

  • February 28, 2024

    Erika Girardi Can't Shed Costume Merchant's Suit

    A California federal judge has kept alive a costume merchant's malicious prosecution claim against singer and reality TV star Erika Girardi, saying the merchant showed evidence that Girardi had him wrongfully arrested and prosecuted on made-up fraud charges.

  • February 28, 2024

    Delayed Filing Dooms Bid To Block Maryland Pot Licenses

    A Maryland federal judge has denied a cannabis entrepreneur's bid to block the state's social equity license lottery, saying her delay in filing both her suit and the motion for an injunction outweighs the harm she'll suffer from the lottery going ahead.

  • February 28, 2024

    Major Amazon Seller Thrasio Enters Ch. 11 To Cut $500M Debt

    Thrasio Holdings Inc., a consumer goods company that is one of Amazon's largest third-party sellers, announced Wednesday that it entered Chapter 11 bankruptcy in New Jersey with the aim of cutting nearly $500 million in debt while bringing in more capital.

  • February 27, 2024

    Amazon Hit With Copyright Suit Over 'Road House' Reboot

    The writer behind the 1989 movie "Road House" sued Amazon Studios LLC on Tuesday in California federal court, alleging the company ignored his copyright for the screenplay and rushed to finish the movie before the rights reverted to him by using artificial intelligence.

  • February 27, 2024

    Ohio, Google Trade Barbs Over 'Common Carrier' Designation

    Google and the state of Ohio have taken aim at each other's dueling motions for summary judgment in a case seeking to have the tech titan's search engine declared a common carrier under state law for the purposes of antitrust regulation.

  • February 27, 2024

    Hot Spot Co., Investors Ask Court To Reconsider $2.4M Deal

    Wireless equipment maker Franklin Wireless Corp. and its investors have again asked a California federal judge to approve their $2.4 million deal to end a lawsuit accusing the company of concealing defects in lithium-ion batteries, saying their revised deal would pay investors $350,000 more than the version the judge rejected last month.

  • February 27, 2024

    Calif. Appeals Court Backs Costco's Race Harassment Win

    A California appeals court declined Tuesday to grant a Black former Costco worker a new trial in his suit alleging he was regularly harassed on the job, ruling he failed to show that a jury was wrong to find that the comments he faced didn't harm him enough to justify a financial award.

  • February 27, 2024

    FTC Puts Labor Focus In Merger Basket For 1st Time

    Higher consumer prices and reduced choice are no longer the only reasons the Federal Trade Commission will challenge mergers after the agency contested Kroger's planned $24.6 billion purchase of Albertsons based in part, for the first time ever, on allegations the deal will reduce competition for employees.

  • February 27, 2024

    Ch. 11 Trustee Says Bank Fraud-Tied Jewelry CEO Hid Assets

    The trustee for a bankrupt jewelry company allegedly tied to a $2 billion Indian bank fraud has filed a suit in New York bankruptcy court accusing the company's CEO of trying to hide a $7 million Manhattan apartment from creditors.

  • February 27, 2024

    Hospital Groups Allege Opioid Crisis Damaged Their Finances

    More than 20 hospitals and related companies have joined multidistrict litigation over the opioid epidemic, alleging in a massive new complaint that pharmacies, drug distributors and others contributed to a crisis that damaged hospitals' finances and strained their ability to help patients.

  • February 27, 2024

    Company Escapes Coverage Row Over Lethal Ammonia Leak

    A contractor's affiliate whose employee died in an ammonia leak at a North Carolina cold storage facility needn't face claims stemming from the accident, the North Carolina Business Court said in a lawsuit originally brought against three insurers and others over coverage for the leak.

  • February 27, 2024

    Philly Gun Shop Ban Doesn't Flout 2nd Amendment

    Philadelphia's zoning code barring gun shops close to residential neighborhoods didn't violate a shooting range's Second Amendment rights, because the location of a shop isn't part of the fundamental rights covered by the amendment, a Pennsylvania appellate court ruled Tuesday.

  • February 27, 2024

    Under Armour Can't Slip Consumer-Demand Securities Suit

    A Maryland federal judge denied Under Armour Inc.'s bid to shut down a massive class action alleging that the company misled investors about consumer demand Monday, finding that serious questions remain about the company's public statements.

  • February 27, 2024

    11th Circ. Throws Shade On $40M Sunglasses Repair Deal

    The Eleventh Circuit has eliminated a $40 million settlement of class allegations that the Costa Del Mar sunglasses company deceived customers about its lifetime warranty, siding with objectors who said an inflated value of consumer vouchers in the deal prompted unreasonably large attorney fees.

  • February 27, 2024

    Judge Says Coffee Co.'s IP Claims Need More Time To Brew

    A Colorado federal judge on Tuesday rejected competing efforts to avoid trial in a cold brew equipment maker's infringement suit against an insulated mug company, with the judge finding it's too soon for her to rule on the merits of the case.

  • February 27, 2024

    Vape Supplier Asks 9th Circ. To Toss $892K Award

    A vape company that supplies products for use with cannabis is asking the Ninth Circuit to overturn a district court decision affirming an $892,000 arbitration award against it in a distributor's contract dispute, saying the district court ignored evidence of fraud.

  • February 27, 2024

    PTAB Takes Up Challenge To Dyson Hair Dryer Patent

    An administrative patent board has decided to look into a petition from a Massachusetts home appliance brand that makes the case that the U.S. Patent and Trademark Office should never have issued a patent to Dyson covering a kind of hair dryer.

  • February 27, 2024

    Arrest Warrant Out For Absconded AI CEO Accused Of Fraud

    A Manhattan federal judge on Tuesday postponed a scheduled appearance for the founder of an artificial intelligence startup accused of faking documents to secure a $500,000 investment, after a warrant was issued for the defendant's arrest.

  • February 27, 2024

    Defective Golf Net Bought At Dick's Harmed Eye, Suit Says

    A man who suffered long-term eye damage from a ricocheting golf ball he launched into an allegedly defective golf net he purchased at Dick's Sporting Goods Inc. has filed suit against the company in Georgia federal court.

  • February 27, 2024

    3rd Circ. Won't Reconsider Coverage Ruling For Deli Stabbing

    The Third Circuit declined to review its decision that an insurer for a Philadelphia deli does not owe coverage for a $900,000 settlement reached with a man stabbed on the premises.

  • February 26, 2024

    Google Judge Rips $700M Antitrust Deal: 'It's Not Great'

    A California federal judge lambasted a $700 million deal that consumers and state attorneys general struck with Google blocking antitrust claims related to Android apps and the Play Store for 127 million consumers for the next seven years, saying Monday he's "never granted prospective relief" and that plaintiffs "folded" with "four aces."

  • February 26, 2024

    Amazon Loses Round In Suit Over Subscription Renewals

    Amazon must face claims in a proposed class action that its automatic renewal for Prime, Kindle and other services violates California and Oregon consumer laws, according to a Washington federal judge who said Monday that it was unclear if the retail giant did enough to make it easy to cancel after a free trial.

Expert Analysis

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Series

    ESG Around The World: Gulf Cooperation Council

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    The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.

  • Steps For Companies New To Sanctions Compliance

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    Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Key Lessons After A Rare R&W Insurance Ruling

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    The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Retailers Must Be Mindful Of Sale Ads As Class Actions Rise

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    A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.

  • NY's Revamped Card Surcharge Ban Is Unique Among States

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    Newly revised New York legislation bolsters the state's ban on credit card surcharges, potentially reinvigorating similar laws across the country despite the fact that many of them have been ruled unconstitutional, say Tom Witherspoon and Audrey Carroll at Stinson.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • Del. Segway Dismissal Suggests Execs Not Liable For Biz Risk

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    While the debate continues within the Delaware Chancery Court over whether Caremark liability applies to matters of pure business risk, the court's recent rejection of Segway’s suit against the ex-president who oversaw financial difficulties suggests the court is uninterested in undermining the deference the business judgment rule grants corporate fiduciaries, say attorneys at Dechert.

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