Retail & E-Commerce

  • April 04, 2024

    Trade Court Pans Feds' Excuses, Orders Redo Of Steel Duty

    The U.S. Court of International Trade was unconvinced Wednesday that the U.S. Department of Commerce had corrected an old mistake when it raised a Korean company's steel countervailing duties, calling the purported mistake an excuse to break from old practices.

  • April 04, 2024

    Ex-CBP Agent Avoids Prison For Selling King Of Pop Signature

    A 75-year-old former border agent who pled guilty to selling a customs declaration form signed by late singer Michael Jackson ducked prison time Thursday when a federal judge in North Carolina instead sentenced him to a year of probation.

  • April 04, 2024

    Parents Deny Need For Defect In Amazon Suicide Suit

    Families accusing Amazon of negligently selling chemicals teens used in their suicides told the Ninth Circuit Wednesday that their suit should get another chance, arguing they did not have to show the lethal chemical was defective in order to prove Amazon's liability.

  • April 04, 2024

    Hawaii Cannabis Legalization Bill Dies In State House

    An effort to legalize adult-use marijuana in Hawaii is effectively dead for this legislative session after Democrats in the state House of Representatives announced they would not deliberate any further on a proposal that had already cleared the state Senate this year.

  • April 04, 2024

    Amazon Union Leaders Accused Of Blowing Up Election Deal

    An attorney for Amazon union reformers seeking to force officer elections slammed the current leadership Thursday for trying to blow up their New York federal court deal to hold a vote this summer, calling "absurd" a new argument that the deal disenfranchises members.

  • April 04, 2024

    Mattress Co. Can Redo Conspiracy Suit After 10th Circ. Trip

    A Utah federal judge has rejected arguments from leading mattress manufacturers that a competitor is too late to amend an antitrust lawsuit alleging the spread of false information, saying a Tenth Circuit appeal prevented the competitor from updating its claims sooner.

  • April 04, 2024

    Wash. AG Defends Authority To Block Kroger-Albertsons Deal

    The Washington Attorney General's Office has told a state court that a local consumer protection law allows it to bring actions challenging anti-competitive mergers and urged the court to reject contentions from Kroger and Albertsons that the state lacks authority to block a nationwide deal.

  • April 04, 2024

    NYC Sues 11 Vape Shops Over Sales Of Flavored E-Cigarettes

    The city of New York on Thursday sued 11 e-cigarette wholesalers, saying they're in violation of both city and federal regulations by selling disposable, flavored vapes, which the city said are responsible for a boom of youth vape use.

  • April 04, 2024

    Full 9th Circ. Won't Review PAGA Ruling In Lowe's Suit

    The full Ninth Circuit won't review a panel's decision ruling that a Lowe's worker's nonindividual claims under California's Private Attorneys General Act could stay in court while her individual claims go into arbitration, denying the company's bid to step in.

  • April 04, 2024

    Deals Rumor Mill: Alphabet, Honeywell, Syngenta IPO

    Google parent Alphabet is exploring whether to make an offer to acquire software company HubSpot; Chinese regulators encouraged pesticides giant Syngenta to pull its $9 billion IPO over concerns it could unsettle China's volatile market, and Honeywell wants to sell its personal protective equipment unit. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • April 03, 2024

    Calif. Privacy Rules Expected By July, Agency's Director Says

    The California Privacy Protection Agency is eyeing July for the launch of the formal process for finalizing its last batch of regulations under the state's landmark consumer privacy law, which include rules that would give consumers more control over private information that could be used by artificial intelligence, the agency's executive director said Wednesday. 

  • April 03, 2024

    Fla. Magistrate Nixes Recusal Bid In CBD Co. Securities Suit

    A Florida federal magistrate judge has shot down an effort to have her disqualified from a securities fraud case against a CBD company for remarks she allegedly made during a March settlement conference, saying the plaintiffs' arguments in favor of recusal were "legally insufficient" to establish bias.

  • April 03, 2024

    Apple Blasts Input From Microsoft, Meta, Others In Epic Case

    Apple asked a California federal judge Wednesday to reject attempts by Microsoft, Meta Platforms, Spotify and other major developers to insert themselves into Epic Games' argument that the iPhone maker is not complying with an order barring it from using anti-steering rules in the App Store.

  • April 03, 2024

    Fed. Circ. Wrestles With Crocs' 'Patented' Claim In False Ad Suit

    Efforts by footwear brand Crocs to fight allegations that its use of the word "patented" broke false advertising laws drew confusion from a Federal Circuit panel on Wednesday, spurring one judge to remark that "there's nothing novel" about the material used to make Crocs' shoes.

  • April 03, 2024

    China, Australia Make Deal To End Wine Duty Spat

    Australia has dropped its World Trade Organization case against China after Beijing agreed to end hefty tariffs on wine imports from Down Under, a notice circulated to the WTO's Dispute Settlement Body confirmed Wednesday.

  • April 03, 2024

    Nail Cos. Hammer Commerce's 'Death Penalty' Duties

    Importers and Taiwanese nail producers railed against U.S. Department of Commerce penalties in back-to-back Federal Circuit hearings Wednesday, arguing that the agency repeatedly slammed companies with duties amounting to a death sentence despite minimal or no wrongdoing.

  • April 03, 2024

    Arizona Newspaper Says Article Headline Isn't Libel

    An Arizona online publication has urged a Florida federal judge to toss a defamation suit filed by an online retail mogul, arguing the allegedly defamatory headline about the mogul's involvement in a possible murder-for-hire case is substantially accurate.

  • April 03, 2024

    Epoxy Cos. Say Unfair Trade Threatens Crucial Domestic Industry

    Epoxy resin producers have called on U.S. officials to investigate rivals in Asia for unfair trade practices, arguing Wednesday that an influx of allegedly undervalued imports is threatening the domestic supply of an item with automotive, electronic and defense applications.

  • April 03, 2024

    Cannabis Cos. Agree To Proposed Deal In Workers' Wage Suit

    A New Mexico federal judge has given preliminary approval to a $525,000 deal that would end a cannabis-employee-led lawsuit accusing dispensary owners of taking a large portion of tips meant for retail workers and giving them to store managers and supervisors.

  • April 03, 2024

    Pillsbury Adds BakerHostetler Data Privacy Duo In SF

    Pillsbury Winthrop Shaw Pittman LLP is growing its data security team, announcing Wednesday it is bringing in a pair of BakerHostetler data privacy and technology experts as partners in its San Francisco office.

  • April 03, 2024

    NFL Helmet Maker Riddell Receives $400M PE Investment

    NFL helmets maker Riddell Inc., advised by Lowenstein Sandler LLP, will get a $400 million infusion from King & Spalding LLP-led private equity firm BC Partners Credit, in an effort to advance the company's role in the game of football and put money in the pocket of current investors, the two announced Wednesday.

  • April 03, 2024

    1st Circ. Hints Trader Joe's Age Bias Case Fit For Jury

    A pair of First Circuit judges on Wednesday suggested that an 80-year-old former Trader Joe's employee should have gotten the chance to bring her age discrimination claims to trial after she was fired for buying beer for her underage grandson.

  • April 03, 2024

    1-800-Flowers Seeks $4.3M In Fees After Rival's IP Suit Failed

    After dispatching a trademark infringement lawsuit from Edible Arrangements last month, rival retailer 1-800-Flowers.com told a Georgia federal judge on Tuesday it should be entitled to up to $4.3 million attorney fees for being forced to defend against the "anemic" and "oppressive" litigation.

  • April 02, 2024

    Amazon Driver Took, Shared Pics of Actor's Home, Suit Says

    Actor Deon Cole sued Amazon in California state court alleging that one of its delivery drivers took photos of the inside of his home and shared them in a group chat while dropping off groceries, saying Amazon negligently and recklessly hired the driver.

  • April 02, 2024

    Bong Maker Says Texas Company Is Ripping Off Its Trademark

    A California-based bong maker says a Texas company used its registered trademarks on phony water pipes, telling a federal court Monday that the counterfeit marks leave customers confused and are causing the brand's reputation to go up in smoke.

Expert Analysis

  • 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.

  • Exporters Should Approach Self-Disclosure With Caution

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    A January Bureau of Industry and Security memorandum created an abbreviated process for disclosing export control violations that lack aggravating factors, but deciding which disclosure method to utilize remains a complex strategic undertaking to which companies must give careful consideration, say attorneys at Covington.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

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